001971   Nair M D (NO, , A-11, Sagarika, 15, 3rd Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai-600 041, Email: mdnair@vsnl.com) : TRIPS, WTO and IPR: protection of bioresources and traditional knowledge. J Intellect Prop Right 2011, 16(1), 35-7.

The World Trade Organization (WTO) was set up in 1995 and has been the custodian of all matters related to the implementation of the TRIPS Agreement endorsed by 153 member countries. WTO is therefore the most important body which monitors and influences working of global intellectual property rights protection in all its member countries. This opinion discusses about the protection of bioresources and traditional knowledge.

001970   Nair M D (NO, , A-11, Sagarika, 15, 3rd Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai-600 041, Email: mdnair@vsnl.com) : GATT, TRIPS, WTO and CBD-relevance to agriculture. J Intellect Prop Right 2011, 16(2), 176-82.

From the current perspective on TPR and Agriculture', there has to be a major discussion on global developments, negotiations and agreements on the role of intellectual property protection on the future of the agricultural sector, a vital segment for ensuring food security for the world population, particularly for developing countries where assuring food security is essential for their survival. Modern day intellectual property protection systems have their genesis in the General Agreement on Tariffs and Trade (GATT) which was initiated in 1946. Currently, the provisions under several agreements are being implemented by the Members of the World Trade Organization (WTO), the sole administrative body responsible for all aspects of implementation, monitoring and resolution of disputes between the member countries. Apart from the separate Agreement on Agriculture (ADA) which formed part of GATT, other agreements particularly Trade-Related Aspects of Intellectual Property Rights (TRIPS) also impinge heavily on the future of agriculture across the world. It is therefore prudent to evaluate the role that GATT, TRIPS, WTO, CBD and climate change play in the sustenance and development of agriculture pursuits, primarily in the developing and least developed economies.

20 ref

001969   Manchikanti P;Sengupta M (NO, Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur,West Bengal, Email: mpadma@rgsoipl.iitkgp.ernet.in) : Agricultural machinery in India: IPR perspective. J Intellect Prop Right 2011, 16(2), 163-9.

Agricultural machinery involves use of equipment and machines that are required to perform various crop production activities. The use of agricultural machinery leads to better utilization of inputs and improvement in agricultural operations, particularly in large scale crop production. Most of the earlier innovations in India in this sector were on tractors and drillers. There has heen an increase in the innovations in machinery in the pre-harvest as well as post-harvest operations. The present study attempts to analyse patenting activity to identify current innovations on agricultural machinery in India. Analysis of published applications revealed that the area of irrigation and post-harvest processing had the maximum filing. In the case of granted patents, majority of the patents belong to the area of plant growth and post-harvest operations. The analysis reveals the specific patent portfolios and the scope of future innovations in the agriculture engineering sector.

5 illus, 1 table, 14 ref

001968   Kumar P S;Khan S M;Hora M;Rao M P (Nuziveedu Seeds Private Ltd, NSL ICON, No 8-2-684/2/A, 4th floor, Road no 12, Banjara Hills, Hyderabad-500 034) : Implementation of Indian PPV&FR act and rules: inadequacies leading to avoidable litigation. J Intellect Prop Right 2011, 16(2), 102-6.

The Indian Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act is now a decade old and PPV&FR implementation implications are now clearly visible. The shortcomings and inadequacies in implementation of the Act and the Rules are a matter of grave concern to the seed industry, in particular, and Indian agriculture, in general. This needs to be addressed and resolved by the Central Government and the PPV&FR Authority in order to meet the objectives enshrined in the Act. These inadequacies are perceived in terms of slow-moving approach for database maintenance of existing varieties, notification of crop species eligible for registration, duration and effect of registration of extant notified varieties and varieties of common knowledge, ambiguity in parent line and hybrid registration under new variety and/or extant variety category, powers of the Registrar, advertisements published in Plant Variety journals, registration of transgenic varieties, parent lines etc. This paper highlights the issues that need to be resolved to avoid misuse of the Act and thereby unwarranted litigations.

15 ref

001967   Kochupillai M (Max Planck Research School for Competition and Innovation, Max Planck Institute for Intellectual Property and Competition Law, Marstallplatz 1,D 80539, Munich, Germany, Email: Mrinalinikpillai@gmail.com) : Indian PPV&FR act, 2001: historical and implementation perspectives. J Intellect Prop Right 2011, 16(2), 88-101.

Objectives of the PPV&FR Act in the light of history and current state of Indian agriculture, drawing comparisons with approaches adopted by developed countries and/or the international community in the early days of plant variety protection where relevant. The analysis has been done with a view to determining the problems faced by Indian agriculture that the government seeks to resolve with the help of the PPV&FR Act. It provides a statistical analysis of plant variety application trends under the PPV&FR Act to determine whether the Act is 'effective' in the light of the objectives that it seeks to accomplish as per its statement of objects and reasons. Need and suggestions to make the Indian law more effective from a national interest perspective and also strengthening India's stand before the international community where Article 27.3(b) of the TRIPS Agreement continues to be under review are highlighted.

6 tables, 51 ref

001966   Kochhar S (National Agricultural Innovation Project (NAIP), Indian Council of Agricultural Research, Krishi Anusandhan Bhawan-II, Pusa, New Delhi-110 012) : Analysis of opportunities and challenges in IPR and agriculture in the Indian context. J Intellect Prop Right 2011, 16(2), 69-73.

This paper assimilates and contributes to the current state of IPR knowledge and proprietary products in the Indian jurisdiction. The influence of international IPR domain and influx of proprietary foreign technology products on Indian agricultural technology profile vis-a-vis the plight of the national players is discussed, particularly, with respect to patenting in plant biotechnology/transgenics. The factual scenario under the national PPV&FR regime is narrated. This paper also analyses the recent foreign interests in respect of patenting in the areas of animal vaccines and diagnostics vis-a-vis the existing strength of the national system, which needs to be maintained.

4 illus, 2 tables, 3 ref

001965   Kapur A (Vegetable Div, Rasi Seeds (P) Ltd, , Plot no 126, Sector 8, IMT Manesar, Gurgaon-122 051, Email: arvindkapur@rasiseeds.com) : IPR laws to protect innovation not restrict crop breeding- a rational approch. J Intellect Prop Right 2011, 16(2), 117-23.

Private plant breeding has speeded up the introduction of new varieties and hybrids to improve productivity and production. Different intellectual property (IP) laws are in place to protect the innovation created in this sector. The relevant rights providing protection in this area include plant breeder's rights (PBRs) and patent rights. A peculiar exemption in plant breeding called 'breeder's exemption' in PBRs has been observed to play a vital role in innovation, an effect which was not seen as a result of the existing patent laws. The attention towards intellectual property rights in biological sciences and in particular, agricultural crops increased utter TRIPS Agreement under WTO and each country enacted laws to protect the rights of innovators in crop breeding. Different forms of patent laws were already in place for protecting both processes and products in biological sciences in developed countries. But in most of the developing countries, these were available only for certain innovations. The complexity of biological systems and the available laws for protection of innovations are presently resulting in a lot of litigations among innovators in most of the countries. Broad patents granted in many crops for certain traits and also for essential breeding processes are resulting in apparent restriction of further research. A rational approach to protect innovation without restricting research has been put forth and discussed in this paper.

1 table, 18 ref

001964   Jordens R (World Intellectual Property Organiation, 34 chemin des Colombettes, CH-1211 Geneva, Switzerland, Email: peter.button@upov.int) : Effective system of plant variety protection in responding to challenges of a changing world:UPOV perspective. J Intellect Prop Right 2011, 16(2), 74-83.

The UPOV Convention was adopted in 1961, and it entered into force in 1968. The Convention aims at encouraging innovation in the field of plant breeding. It provides a legal framework and system of implementation of plant variety protection and is the only internationally harmonized, effective sui generis system of plant variety protection. The UPOV Convention was amended in 1972, 1978 and 1991. UPOV had 68 members as on 4 November 2010, and the numbers continue to expand. The impact study carried out by an ad hoc working group, and published by UPOV has shown the benefits of an effective sui generis system of plant variety protection.

10 illus, 1 table, 5 ref

001963   Ghazinoory S;Abedi S;Mashari B (Information Technology Management Dep, Tarbiat Modares Univ, Tehran, Iran) : Model for IP protection based on an empirical study of Iranian nanotechnology company. J Intellect Prop Right 2011, 16(1), 27-34.

In spite of being a rather recent, emerging area, nanotechnology has seen a flurry of investment in both developed and developing countries. However, protection of innovation from competitors has been an area of concern and important aspect that should be included as a part of strategic plan in companies. In this study, a model is proposed for strategic protection of IP in nanotechnology companies. Accordingly, as a first step, necessary criteria along with factors affecting existing innovation preserving systems are identified and classified. The identified indices are grouped into three classes comprising organizational, environmental and innovation characteristics. A qualitative study on various businesses carried out by nanotechnology companies in Iran allowed prioritization of those indices which are effective. A decision making matrix is proposed by the authors based on two indices, namely, size of company or financial power and organizational learning capacities. An examination of the innovation preservation practices in 45 existing companies in the area of nanotechnology protection in Iran revealed that of all the proposed mechanisms of protecting innovation, only patent protection is made use of and that too to a limited extent. An evaluation of the proposed model is also carried out by studying the companies themselves.

5 illus, 6 tables, 30 ref

001962   Dewan M (R K Dewan & Co, Trademark & Patent Attorneys Podar Chambers, S A Brelvi Road, Fort Mumbai-400 001, Email: dewan@rkdewanmail.com) : IPR protection in agriculture: an overview. J Intellect Prop Right 2011, 16(2), 131-8.

Private rights in living objects have always been controversial. Agriculture provided the first wave in human civilization. Therefore, agriculture including plant breeding and agricultural methods pre-dated any form of IPR protection unlike industry and commerce. Traditionally, IPR was not applied to agriculture. In recent times, this position has changed and increasingly agriculture is seen as an industry that cannot survive without research and development and astute investments. This has made it necessary that IPR in all its forms be extended to agriculture.

2 ref

001961   Anand N (National Unvi of Juridical Sciences, Dr Ambedkar Bhavan, 12 LB Block, Sector-III, Salt City, Kolkata, West Benal, Email: nith.pca@gmail.com) : Accommodating long term scientific progress: patent prospects in the pharmaceutical industry. J Intellect Prop Right 2011, 16(1), 17-22.

Article examined the recent theoretical justifications of the patent system. The design of the patent system is considered through the lens of the 'prospect' theory of patents, proposed by Edmund Kitch. This theory has much to contribute to the understanding of the actual working of the patent system, particularly in complicated issues such as encouraging research in neglected diseases. It provides a much better insight to the challenges which must be surmounted, in protecting and encouraging private investment in research. However, this theory is yet to be fully explored. Variations of this theory have touched upon some of the challenges within the patent system - but they appear unable to accommodate full impact of patent 'prospects'. For one, the full range of product development processes must be understood. Secondly, the patent regime must be able to include both worlds of organized and unorganized research, commercialized and basic research. This article makes an effort to identify and distinguish between the various implications of this theory, and attempts to bring them together to a simpler formulation. This simpler formulation, of guiding investment vis-a-vis the market-pull factors in product development, could probably be satisfied in many different ways. These, however, are outside the scope of this article.

27 ref

001960   Ahmed T;Swain S R (KIIT Laws School, KIIT Univ, Bhubaneswar, Odisha-751 024, Email: tabrezahmad7@gmail.com) : Celebrity rights: protection under IP laws. J Intellect Prop Right 2011, 16(1), 7-16.

Protecting celebrity rights under intellectual property (IP) laws is a significant development in the field of intellectual properties rights. Celebrities can flaunt their popularity and are permitted to make riches out of their identity. Though celebrities have often lend their voices, faces and names to various commercial and non-commercial endeavours for free, there have been instances where photographs of celebrities have been used in advertising and for other purposes without their permission, leading to a scenario where celebrities are unable to make choices regarding the exposure which is acceptable to them as well as monetary benefits that they wish to acquire. In this paper, a modest endeavour is made to highlight and explain various issues concerning celebrity rights and their protection under IP laws. There are various international conventions, which have recognized these rights, either directly or indirectly. The Universal Declaration of Human Rights and the European Convention on Human Rights are noteworthy evidence in this regard. Moreover, the rights of a celebrity can be protected through copyright, trademark, etc. In this paper, various rights like right to privacy, publicity/merchandising right, moral right, personality right, right of passing off, etc. are discussed. These rights are explained in the light of laws in India and practices prevalent in US, UK, and civil law countries like France and Germany.

45 ref

000006   Ramesha K P;Sadana D K;Goswami S L (NO, Southern Campus of NDRI, Adugodi, Bangalore-560 030, Email: kerekopparamesha@gmail.com) : Modern IPR regime: a boon or a bane?. Indian Dairyman 2010, 62(8), 74-9.

India is a mega biodiversity hub of livestock biodiversity and is a signatory to both convention on biological diversity of united nations and trade related aspects of intellectual property agreement of world trade organization. Implications of modern ipr regime on livestock biodiversity have been assessed with special reference to India. Presently it is imperative to unravel their adaptations and to breed them for sustainable livestock development by combining proteo-genomic and geo-environmental data. The options for Indian livestock sector in the modern ipr regime are analyzed considering the existing livestock production situation.

8 ref

021811   Greenbaum D (Center for Law and the Bioscience, Stanford Law School, Stanford Univ, Stanford 94305, USA, Email: dov.greenbaum@aya.yale.edu) : Determining optimal levels of intellectual property protection in developing nations: is less really more? is more really less?. Curr Sci 2009, 97(11), 1604-20.

Current patent reform efforts are not limited to the West. As globalization marches forward and developing nations trend toward greater roles in the world economy, many developing nations are faced with many difficult decisions in the reformation of their own intellectual property laws. Most current research/offers one of two diametrically opposed views and promote simplistic one-size-fits-all solutions. The reality is that there is no one optimal solution - each nation needs to customize their intellectual property regimes to their own particular needs and strengths. To this end, this article describes the general goals for developing countries that need to be taken into account when determining an optimal level of intellectual property rights and notes how either strong or weak levels of intellectual property protection will help a country accomplish those goals. Such goals include: the need to increase domestic science and innovation, the need to avoid trade sanctions; a need to protect domestic industry and local resources and commercialize domestic innovation; attract foreign investment, create a system that allows for access to affordable health care and protect indigenous biodiversity and traditional knowledge. Although limited in scope, this article raises a number of issues that need to be considered by developing nations and proposes that a document that gives developing nations the knowledge and the opportunity to optimize each element of their intellectual property regime is an optimal solution.

134 ref

023746   Shukla D B (Business Development and Information Management Division, Central Salt and Marine Chemicals Research Institute, G.B. Marg, Bhavnagar-364 001, Email: dhshulka@csir.res.in) : Need to inculcate the culture of intellectual property protection in research and development. Curr Sci 2005, 88(10), 1553-61.

The burgeoning and the rapidly disseminating shibboleth intellectual property rights (IPRs) normally relate to intangible property having intellectual matters in its background. intellectual property (IP) is the outcome of creative brain and intellect. IPRs are facsimile to movable and immovable properties and are caracterized by specific rights as well as limitations. The separate and distinct types of intangible property, viz. patents, trademarks, copyrights, designs, know-how, trade secrets, etc. are collectively alluded as IP. IPRs are and will ba a quintessential component of an innovative knowledge generated and acquired through research and development (R&D) efforts and thereafter protected by an individual, a team, an organization and a nation as a whole. In the present global scenario innovation - which is a process of continuous improvement or a new process - has become imperative for self-sustenance, economic growth and competitive business advantages. It is through R&D that an individual is capable of bruinging forth new and innovative ideas. Interfacing IP with R&D will pave the way to productive knowledge protection, enrichment of innovative ideas, creation of well-articulated human resources and also nurturing of an innovation culture.

5 tables, 20 ref

023745   Mahop M T (NO, Queen Mary Intellectual Property Research Institute, John Vane Science, London EC1M 6BQ, UK, Email: t.m.marcelin@qmul.ac.uk) : Addressing the concerns of rural communities about access to plants and knowledge in a Sui generis legislation in Cameroon. J Biosci, Bangalore 2004, 29(4), 431-44.

Assesses the traditional systems of accessing and using plant genetic resources as well as the benefit sharing and systems of sanctioning infringement in the context of biodiversity related activities in specific areas in the Northwest province of Cameroon. Also addresses the type research and development activities using plant genetic resources and associated traditional knowledge in the context of Cameroon, the current laws regulating such activities and the extent to which these activities and laws affect and/or protect the customary biodiversity rights of rural communities. Uses these assessments to suggest the context under which a sui generis legislation for the protection of the biodiversity rights of rural communities can be established in Cameroon.

3 ref

022711   Baechtold P;Miyamoto T (Patent Law Sect Patent Policy Dep, Wld Intellectual Property Organization (WIPO), Geneva) : International Patent law harmonization - a search for the right balance. J Intellect Prop Right 2005, 10(3), 177-87.

While international patent law harmonization has been an issue in progress since the conclusion of the Paris Convention in 1883, it is facing new challenges due to the increased use of the patent system in the knowledge-based economy and the growing sensitivity to the patent system's social and economic role for society. The paper addresses the historical development of international norm setting at the World Intellectual Property Organization (WIPO), including the ongoing negotiations on the draft Substantive Patent Law Treaty (SPLT), and highlights today's international challenges surrounding the international patent system. The paper further examines a number of features that appear to be fundamental for a well-balanced patent system serving society as a whole, while supporting innovation. It concludes with some suggestions that may be considered for any future work in this area in order to find common ground in terms of bringing closer the operational principles of patent law and practices at the international level.

31 ref

021658   Verbauwhede L (Small and Medium-sized Enterprises Division, WIPO, 34, Chemin des Colombettes 1211 Geneva 20, Switzerland) : Intellectual property and E-commerce: how to take care of a company's website?. J Intellect Prop Right 2004, 9(6), 568-80.

A company's website can be a great tool for promoting business online and for generating sales. However, as web commerce increases, so does that risk that others may copy the look and feel some features or contents of the company's website. The risk also increases that the company may be accused of unauthorised use of other people's intellectual assets. This article deals with some of the basic issues that should be borne in mind before launching a website.

021657   Nagarsheth A (John Vane Science Centre, EQUIP, Queen Mary Intellectual Property Research Institute, Charterhouse Square, London ECIM 6BQ, United Kingdom) : Experimental use exception: an international and comparative overview with a possible answer to the forthcoming Indian patent legislation. J Intellect Prop Right 2004, 9(6), 549-50.

Experimental use exception allows researchers to use patented inventions for carrying out experiments and research without taking the licence from the patent holder. Experimental use exception is a recognized exception to patent laws across the globe. However, differences arise on the nature and scope of the exception. These differences are largely dependent on the nation's economic circumstances, capability and level of existing science and technology standards and its prospects of exploitation. Hence, United States, being an economic superpower and global leader in most of the technologies provides for an extremely limited experimental use exception to patent rights. However, for countries like India, where science and innovation is still at a nascent stage, it would be prudent to learn from history of Japan and allow an extremely broad experimental use exception to bolster research and innovation. Deals with the international position of exceptions to patent laws. An experimental use exception and its importance is also explained. Comparison of the present legal position in England, United States, Germany,Japan and India on experimental use exception to patent laws is also given in detail. In the end, it draws out the rationale for a broad experimental use exception for India and concludes with some emerging issues where further research is required.

021656   Mathew M;Hegde M;Garge G (Management Studies Dep, Indian Institute of Science, Bangalore-560 012) : Intellectual property in software: insights for indian business. J Intellect Prop Right 2004, 9(6), 515-32.

In the paper three areas of concern in intellectual property practice, business, technology and legal in nature, are addressed. Describes these concerns and provides clarity regading the polarization of schools of thought in intellectual property practice. Through a better understanding of the global and domestic situation, the authors hope to motivate a note of concern amongst these with a weak intellectual property focus in the Indian software sector.

4 illus, 1 table, 13 ref

021655   Dalal P (NO, , 5, Jagriti Apartments, Sainik Vihar, Rani Bagh, New Delhi-110 034) : The long arm jurisdiction of courts Regarding copyright law in India. J Intellect Prop Right 2004, 9(6), 557-67.

The aim of the article is to expound the scope of territorial jurisdictional powers of the courts, tribunals or other authorities constituted under various enactments and dealing with copyright violations in India. A holistic approach has ben adopted so that real space and online copyright violations can be appropriately dealt with. The article further suggests a possible course to deal with violations occurring outside Indian through the mode of information technology and having an adverse effect on the copyright of the concerbed person residing in India.

29 ref

021654   Bala Ravi S (NO, MS Swaminathan Research Foundation, Third Cross Road, Institutional Area, Taramani, Chennai-600 113) : Effectiveness of Indian Sui generis law on plant variety protection and its potential to attract private investment in crop improvement. J Intellect Prop Right 2004, 9(6), 533-48.

Effectiveness of sui generis system of plant variety protection has become contentious in the absence of its definition in Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. India legislated the sui generis law, the Protection of Plant Variety and Farmers' Rightsin 2001 and notified its rule in 2003. .However, the Act is yet to be enforced. Effectiveness of legislation depends on the clarity and scope of its legal provisions, associated rules and regulations. The manner in which these are implemented also contributes to the effectiveness. An examination of this Act and its rules by applying certain de minimis requirements essential to ensure effectiveness of an IPR system, concludes that the Act is effective in design and scope. Certain omissions in the rules may affect this effectiveness. The Act, apart from being effective under the flexibility allowed by TRIPS Agreement, also harmonizes other national commitmentsIndia has from international agreements on domestic biodiversity, plant genetic resources for food and agriculture, economic, social and cultural rights, human rights and right to development. This paper examines the potential of this legislation in spurring private investment in Indian plant breeding, strengthening seed industry and making available quality seed to farmers forachieving all round agricultural development. The Act may facilitate enhanced private investment in selected crops and seed supply systems, while strengthening of public research is imperative to achieve balanced agricultural growth and access of technology to farmers at competitive cost.

17 ref

019574   Singh D V;Pankaj Kumar (National Law Institute Univ, , Bhopal, Bhahdbhad Road, Barkheri Kalan, Post Box No. 369, Bhopal-462 003, Email: dharamveersinghchauhan@yahoo.com) : Photocopying of copyrighted works for educational purposes: Does it constitute fair use?. J Intellect Prop Right 2005, 10(1), 21-33.

Paper analyses whether photocopying of copyrighted works for an educational purpose constitutes fair use. The statutory provisions on the issue in different countries have been enlisted. The provisions of the US law have been exhaustively dealt with followed by the guidelines as prescribed by the government body under the US congressional mandate. A case analysis has been done in order to ascertain the approach of the courts in applying the statutory provisions to the instances of making multiple copies of copyrighted works for educational purposes. Fair use under the US statute depends on the four factors of purpose, nature, amount, and effect. The guidelines, however, make fair use dependent on brevity, spontaneity, and cumulative effect. In the last part of the paper, the prevalent US law is compared with the prevalent Indian law.

45 ref

019573   Ninan S;Sharma A;Ananthan P S;Ojha S N (Central Institute of Fisheries Education (Deemed Univ), Indian Council of Agricultural Research, Seven Bungalows Versova, Mumbai-400 061) : Intellectual property rights in fisheries sector. J Intellect Prop Right 2005, 10(1), 52-8.

Patenting activity in fisheries sector in India was analysed at two levels, i.e., trends in growth of patenting activity during different time periods, 1913-1947, 1947-1970, 1971-1995 and 1996-2000. Patents were also examined to study the nature of technology. The study revealed that there is a steady increase in the average number of patents per year after independence (1947-1970). It was also found that there are on an average, three patents per year after introduction of Indian Patents Act, 1970, and in post WTO era (1996-2000) six patents per year. The analysis of patents documented since 1913 to 2000 revealed a steady increase in patenting activity in the field of fish processing technology (83 patents) and aquaculture (31 patents), whereas, patenting activity in fishing technology (37 patents) has steadily declined. These results indicate an aspect of less innovation in fisheries sector as reflected by patent statistics. However, there has been a shift towards increased patenting activity in post TRIPS era particularly by domestic applicants.

3 tables, 18 ref

019572   Krishnan A (National Law School of India Univ, , Nagarbhari, Bangalore-560 072, Email: arjunkrishnan@nls.ac.in) : Testing for copyright protection and infringement in non-literal elements of computer programs. J Intellect Prop Right 2005, 10(1), 9-20.

Computer software is one field in which India enjoys a competitive edge over other countries due to a fast growing industry and skilled manpower. One of the forms of protection of intellectual property in software is copyright protection. It has long been recognized that non-literal infringement of a work is also possible. Despite the importance of the software industry, no test has been enunciated in relation to non-literal infringement of computer programs. The article examines US and UK case law relating to non-literal infringement of computer software and the different tests laid down by the courts in these countries. Divergence of judicial opinion as to what is the most appropriate test for non-literal infringement has raised several doubts relating to some of the fundamental tenets of copyright jurisprudence. The article examines applicability of these tests to the Indian context in order to locate an appropriate test for India, in the light of Indian copyright jurisprudence.

103 ref

019571   Karki M M S (NO, , A/23 D, Mayur Vihar III, Delhi-110 096) : Personal data privacy and intellectual property. J Intellect Prop Right 2005, 10(1), 59-63.

Growing market value of personal data and the difficulty of maintaining information privacy in cyberspace have prompted the legal experts to device an alternative legal framework for effective data protection. The paper discusses some such alternatives available in the literature under intellectual property rights regime. Tension betwen data protection and intellectual property rights enforcement are also mentioned briefly.

3 ref

019570   Chawla H S (Patent Information Centre, Genetics & Plant Breeding Dep, G B Pant Univ of Agriculture & Technology, Pantnagar-263 145, Email: chawlahs_patent@yahoo.com) : Patenting of biological material and biotechnology. J Intellect Prop Right 2005, 10(1), 44-51.

One of the major challenges faced by developing countries due to globalization and TRIPS regulations is understanding of intellectual property rights (IPR) laws of different countries in context of recent innovations in biotechnology and bioinformatics. While biotechnology involves application of technology on biological organisms, viz., microorganisms, plant and animals and biological material of DNA, RNA and proteins, patenting laws of different countries are solely based on non-biological objects and inventions. Hence, biotechnological inventions and their interpretations are discussed in context of laws of different countries for granting patent claims although basic criteria are the same. Patenting and protection of plants, animals, cloning, expressed sequence tags (ESTs) have been discussed in the context of TRIPS regulations, EPO directive and USPTO guidelines. With the large scale sequencing of genomes of various species, a new scientific discipline of bioinformatics has emerged that encompasses biological information, acquisition, processing, storage and distribution, analysis and interpretation of data. Thus inventions relating to tools of bioinformatics, methodology and interpretation as business methods are analysed with regard to patenting.

39 ref

019569   Burrone E (SMEs Div, WIPO, 34, Chemin des Colombettes, 1211 Geneva 20, Switzerland) : Intellectual property rights and innovation in SMEs in OECD countries. J Intellect Prop Right 2005, 10(1), 34-43.

The increasing importance of intangible assets as a source of competitive advantage for firms, has made the intellectual property (IP) system increasingly attractive and, in many cases, indispensable for all economic agents. As small and medium-sized enterprises (SMEs) account for approximately 95 of the business population and play a significant role in the national economy in terms of their sizeable contribution to GDP, employment generation, export performance, and achieving sustainable national economic development, most governments have placed increasing emphasis on facilitating the creation and development of the national SMEs sector. Nevertheless, empirical evidence suggests that SMEs face significant barriers in making effective use of the IP system and this may have an impact on their ability to exploit their innovative and creative capabilities. The paper explores some of these barriers and analyses some of the policies enacted, primarily in OECD countries, to try and over come them. The paper also suggests that it is crucial that initiatives seeking to make a real impact in increasing awareness and encouraging a more effective use of the IP system by entrepreneurs and SMEs manage to incorporate IP within the broader development framework of support for SMEs.

9 ref

009076   Ravindran S R (Global Business Solutions (Strategic Consultants for Intellectual Prop, , 4, Fourth Floor, Crown Court 128 Cathedral Road, Chennai-600 086) : Capacity Building for Innovation: Role of IP Infrastructure. J Intellect Prop Right 2004, 9(5), 462-70.

Discusses the role of IP Infrastructure and areas that are to be addressed in capacity building for innovation. The Indian experience is benchmarked to examine and augment the role of intellectual property infrastructure, as a facilitator of innovation, According to the author, there exists a pertinent need to improve IP infrastructure in developing countries.

30 ref

009075   Rao Laxman P;Aggarwal S (NO, , ) : Patent valuation using real options. Mgmt Rev 2003, 15(4), 44-51.

1 illus, 6tables, 13 ref

009074   Nair M D (A-ll, Sagarika, 15, 3rd Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai-600 041) : Compulsory Licences Imbroglio: Provisions Under TRIPS and Their Interpretations. J Intellect Prop Right 2004, 9(5), 415-23.

One of the most crucial components of the TRIPS Agreement is related to the provision for grant of compulsory licences, which is not in fact a new phenomenon introduced under the TRIPS Agreement. Practically all countries including US, Canada and those in Western Europe had provisions for grant of compulsory licences in their Patent Acts and have used them on several occasions in the past. A proper understanding and a judicious interpretation of the available provisions for compulsory licences under the TRIPS Agreement could go a long way in ensuring a proper balance between the rights of the patent holder and the public health needs of the people in developing countries. The paper discusses in detail about the compulsory licence and the need for granting it. Amendments to the Indian Patents Act 1970 on compulsory licence issues are also discussed briefly.

16 ref

009073   Mittal R (NO, Indian Law Institute, Bhagwan Dass Road, New Delhi-110 001) : P2P Networks: Online Piracy of Music, Films and Computer Software. J Intellect Prop Right 2004, 9(5), 440-61.

With the aid of P2P technology, the vast and ever growing cyber populace has the competence of unauthorized sharing of digitized copyrighted works such as music, films and computer software without bothering to pay for them. This unauthorized sharing of copyrighted works, which is termed as online piracy, has led to massive distribution and exchange of valuable stuff, which was hitherto unknown on such a scale and magnitude. When such piracy takes place at the instance of ordinary people, copyright law is once again challenged by the latest in the series of technological innovations, i.e., digital and communications technology. In an environment where the producer-middleman-consumer chain has reached a fragile point, it becomes imperative to find a legal solution to promote creative activity in an organized manner, which secures the interests of both producers and consumers. Towards this end, this paper focuses on the sharing of works through various P2P networks such as Napster, Gnutella and Kazaa and tries to explore their social, economic and legal implications.

57 ref

009072   Jidesh Kumar (NO, Supreme Court of India, New Delhi) : Biotechnology Patenting. J Intellect Prop Right 2004, 9(5), 471-80.

Deals with the latest technology to create major intellectual property problems for courts and legislatures, viz. biotechnology. It discusses the economic principles of intellectual property in the way these apply to the decision framework for new technologies. However, it is limited to patents leaving out copyright, trademarks, trade secrets and other forms of protection where other considerations come into play. The way the courts have handled core patent issues such as novelty, non-obviousness and utility in the biotechnology field is reviewed in order to explore more deeply the application of the economic principles of intellectual property, viz. incentive and access principles. It discuses the various issues in biotechnology patenting as an illustration of an economic approach to intellectual property law not limited to threshold issues.

40 ref

009071   Ghosh S (NO, W B National University of Juridical Sciences, LB-12, Sector- III, Salt Lake City, Kolkata- 700 098) : Domain Name Disputes and Evaluation of The ICANN's Uniform Domain Name Dispute Resolution Policy. J Intellect Prop Right 2004, 9(5), 424-39.

The proliferation of the Internet has led to an explosion in the number of registered domain names. With the '.com' burst, there has been an increase in the number of domain name disputes leading to an anarchy in this special branch of intellectual property. ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP) is an international dispute resolution procedure that enables trademark holders to challenge the registrant of an Internet domain name, bring the name to binding arbitration and, if the challenge is successful, gain control of the name. The policy was defined in October 1999 and the first case was decided in December 1999. Since then, UDRP has gone a long way in resolving domain name disputes. However, an analysis of the decided cases under the UDRP regime tells a different story. The present paper critically analyses some of those decided cases and also highlights the lacunae in the UDRP and also provides some suggestions for the improvement of UDRP.

75 ref

008156   Ravindran S R (Global Business Solutions (Strategic Consultants for Intellectural Pro, , 4, Fourth Floor, Crown Court 128 Cathedral Road, Chennai 600 086) : Capacity building for innovation: role of IP infrastructure. J Intellect Prop Right 2004, 9(5), 462-70.

Discusses the role of IP Infrastructure and areas that are to be addressed in capacity building for innovation. The Indian experience is benchmarked to examine and augment the role of intellectural property infrastructure, as a facilitator of innovation, According to the author, there exists a pertinent need to improve IP infrastructure in developing countries.

30 ref

008155   Nair M D (NO, , A-11 Sagarika, 15, 3rd Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai 600 041) : Compulsory licences imbroglio: Provisions under TRIPS and their interpretations. J Intellect Prop Right 2004, 9(5), 415-23.

One of the most crucial components of the TRIPS Agreement is related to the provision for the grant of compulsory licences, which is not in fact a new phenomenon introduced under the TRIPS Agreement. Practically all countries including US, Canada and those in Western Europe had provisions for grant of compulsory licences in their Patent Acts and have used them on several occasions in the past. A proper understanding and a judicious of the available provisions for compulsory licences under the TRIPS Agreement could go a long way in ensuring a proper balance between the rights of the patent holder and the public health needs of the people in developing countries. Discusses in detail about the compulsory licence and the need for granting it. Amendments to the Indian Patents Act 1970 on compulsory licence issues are also discussed briefly.

16 ref

008154   Mittal R (Indian Law Institute, , Bhagwan Dass Road, New Delhi 110 001) : P2P networks: online piracy of music, films and computer software. J Intellect Prop Right 2004, 9(5), 440-61.

With the aid of P2P technology, the vast and ever growing cyber populace has the competence of unauthorized sharing of digitized copyrighted works such as music, films and computer software without bothering to pay for them. This unauthorized sharing of copyrighted works, Which is termed as online piracy, has led to massive distribution and exchange of valuable stuff, which was hitherto unknown on such a scale and magnitude. When such piracy takes place at the instance of ordinary pepople, copyright law is once again challenged by the latest in the series of technological innovations, i.e., digital and communications technology. In an environment where the producer-middleman-consumer chain has reached a fragile point, it becomes imperative to find a legal solution to promote creative activity in an organized manner, which secures the interests the interests of both producers and consumers. Towards this end, this paper focuses on the sharing of works through various P2P networks such as Napster, Gnutella and Kazaa and tries to explore their social, economic and legal implications.

57 ref

008153   Jidesh Kumar (Supreme Court of India, , New Delhi) : Biotechnology patenting. J Intellect Prop Right 2004, 9(5), 471-80.

Deals with the latest technology to create major intellectual property problems for courts and legislatures, viz. biotechnology. It discusses the economic principles of intellectual property in the way these apply to the decision framework for new technologies. However, it is limited to patents leaving out copyright, trademarks,trade secrets and other forms of protection where other considerations come into play. The way the courts have handled core patent issues such as novelty, non-obviousness and utility in the biotechnolgy field is reviewed in order to explore more deeply the application of the economic principles of intellectural property, viz. incentive and access principles. It discuses tghe various issues in biotechnolgy patenting as an illustration of an economic approach to intellectual property law not limited to threshold issues.

40 ref

008152   Gosh S (W B National University of Juridical Sciences, , LB-12, Sector-III, Salt Lake City, Kolkata-700 098) : Domain name disputes and evaluation of the ICANN's uniform domain name dispute resolution policy. J Intellect Prop Right 2004, 9(5), 424-39.

The proliferation of the internet has led to an explosion in the number of registered domain names. With the `.Com' burst there has been an increase in the number of domain name disputes leading to an anarchy in this special branch of intellectual property. ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP) is an international dispute resolution procedure that enables trademark holders to challenge the registrant of an internet domain name, bring the name to binding arbitration and, if the challenge is successful, gain control of the name. The policy was defined in October 1999 and the first case was decided in December 1999. Since then UDRP has gone a long way in resolving domain name disputes. However, an analysis of the decided cases under the UDRP regime tells a different story. The present paper critically analyses some of those decided cases and also highlights the lacunae in the UDRP and also provides some suggestions for the improvement of UDRP.

75 ref

003049   Ghatak S (Central Glass and Ceramic Res Inst, , Kolkata-700 032) : Strategy for generation and Management of Intellectual Property in small and medium enterprises (SMEs) with particular reference of glass and ceramics. Trans Indian Ceramic Soc 2003, 62(4), 222-8.

Ceramic industry includes refractories, whitewares and porcelains, glasses of various types, electronic ceramic materials and several others which are normally products for industrial use and occasionally for domestic use. Ceramic materials are widely used throughout the world and its industries have taken a dominant position in the global market. Though Indian ceramic industries were in a remarkable position in the world in the past, they are now economically and competitively suffering and are struggling hard to survive particularly after globlization. The principle reason for such a state of the industry is the lack of awareness of intellectual Property Rights issues. Strategies for generation and management of intellectual property in SMEs with particular reference to glass and ceramics have been discussed in the background of the Indian position in the local and international market.

3 illus, 5 tables, 5 ref

001994   Srivastava S C (Indian Law Inst, , Bhagwandas Road, New Delhi-110 001) : Geographical indications under TRIPS agreement and legal framework in India: part I. J Intellect Prop Right 2004, 9(1), 9-23.

Geographical indication is one of the instruments of protecting the quality, reputation or other character of goods essentially attributable to their geographical origin. TRIPS agreement prescribes minimum standard to protection for geographical indications. Basic issues of protection of geographical indications relating to TRIPS Agreement have been examined. Concepts of geographical indications, controversy of additional protection extended to wines and spirits, multi-lateral system of registration of geographical indications, and approaches for resolution of conflict between geographical indications and trademarks have been described.

42 ref

001993   Kumar H (The National Univ of Juridical Sci, , NUJS Bhawan, 12 L B Block, Sector-III, Salt Lake, Kolkata-700 098) : Border areas for the protection of intellectual property rights: an analysis. J Intellect Prop Right 2004, 9(1), 43-50.

The primary focus of this article is to analyse the issues concerning the enforcement of intellectual property at the border. The mandates under the TRIPS Agreement, and those under the Indian laws have been compared with special emphasis on the Copyright Act, 1957, the Trade Marks Act, 1999, and the Customs Act, 1964, and the extent to which India satisfies the TRIPS obligations have been examined. The areas of departures as visualized have been brought out together with an analysis of the conforcement standards under the Indian regime.

40 ref

001992   Gupta V K (National Inst of Sci, Technology and Development Studies, New Delhi-110 012) : Multi-disciplinary studies on IPR in R&D: a review. J Intellect Prop Right 2004, 9(1), 34-42.

Scholars from several disciplines have contributed to the literature of IPR. A review has been undertaken of multidisciplinary studies on IPR from the perspective of their use in R&D. The importance of creating awareness about IPR among scientists have been highlighed the studies on patent information for R&D and technolgy development, R&D policy and management, and library and information sciences has been delves upon.

90 ref

001991   Ganguli P (103 B Senate, Lokhandwala Township, Akurli Road, Kandivli, East Mumbai, , ) : Intellectual property systems in scientifically capable developing countries: emerging options. J Intellect Prop Right 2004, 9(1), 24-33.

Intellectual property systems in scientifically capable developing countries have been discussed. The need for national IPR policies to build in vigilance against deliberate or accidental misappropriation of traditional knowledge by patentees has been suggested. Case studies of a few scientifically capable developing countries like India, China, and Republic of Korea, have been taken to illustrate the approaches taken by them in restructuring their IPR systems during the last few decades. These countries need to evolve pragmatic policy models comprehensively address the integration of IPR into their national systems for continual and balanced economic growth.

4 ref

014286   Venkataraman K;Swarna Latha S (National Biodiversity Authority, 475, 9th South Cross Street, Neelankarai, Chennai-110 0676evenkyzsi56@yahoo.com) : Intellectual property rights, traditional knowledge and biodiversity of India. J Intellect Prop Right 2008, 13(4), 326-35.

India is one of the mega-biodiverse countries with different combinations of ecosystems. The biodiversity of India occurs at three levels, namely, species, genetic and ecosystem and most of the times are associated with traditional knowledge and practices. The loss of biodiversity and commercialization of bioresources and associated knowledge have been causing great concern especially when the IPRs are applied to claim monopoly. The negotiations at international and national level for the protection of traditional knowledge and for the conservation of biological resources are now carried out on various issues of implementing the Convention on Biological Diversity (CBD), 1992. India being a party to the Convention is the first to implement it by enacting the Biological Diversity Act, 2002 with a three tired institutional mechanism established there under. However, the Act still needs more clarifications on the issues of implementation like benefit sharing. This article analyses and clarifies some of these issues and concerns and thus, suggests further actions for the effective implementation of the Act.

27 ref

014285   Thomas Z (NO, , CR D II-12, Pandra Park, New Delhi-110 001, Email: zthomas@piercelaw.edu) : IP case law developments. J Intellect Prop Right 2008, 13(4), 344-50.

This article attempts to summarize some of the recently reported cases on Intellectual property law to enable readers to understand how the courts have applied the principles of intellectual property law to actual IP disputes. The cases are chosen from the cases reported in the March 2008 issue of the Patents and Trade Marks Cases (PTC), a leading case law reporter on intellectual property laws.

ref

014284   Singh A (Patent Office, Intellectual property Bhawan, Plot No.32, Sector 14, Dwarka, New Delhi-110 075, Email: amitsun@rediffmail.com) : Patent infringement: how to minimize the risk. J Intellect Prop Right 2008, 13(4), 351-3.

It is well known that research based pharmaceutical companies invest heavily in research and development (R&D) of new chemical entities. Therefore, it is inevitable that with respect to development and/or launch of a new product or process without proper pre-emptive steps, unintentional infringement of intellectual property rights (IPR) can cause heavy losses. Such infringement will not only have impact on sales and revenue generation but also cause massive damage to the customer's confidence and ultimately reputation of manufacturers. This article analyses basic and most pertinent question to be answered i.e. what measures should be taken to minimize the risk factor associated with the patent infringement issues?

6 ref

014283   Rai R K (NO, , , Email: rajnishrai@gmail.com) : Battling with TRIPS: emerging firm strategies of Indian pharmaceutical industry post-TRIPS. J Intellect Prop Right 2008, 13(4), 301-17.

The full scale compliance of TRIPS Agreement essentially represents a big step in the opposite direction as it effectively ended more than three decades of protection for Indian companies and terminated legal 'reverse engineering'. The new patent regime throws a new challenge to the Indian pharmaceutical industry to maintain its competitiveness and profitability. This study investigates emerging firm strategies of the Indian pharmaceutical companies to overcome the challenge posed by new patent regime. The study concludes that the industry is witnessing a transition phase, and is undergoing consolidation and restructuring. The industry is adopting a mix of competitive and collaborative business and R&D strategies in the emerging business environment.

1 illus, 17 tables, 43 ref

014282   Kochhar S (Indian Council of Agricultural Research, Krishi Bhawan, 1, Dr Rajendra Prasad Road, New Delhi-110 114, Email: skochhar2000@hotmail.com) : Institutions and capacity building for the evolution of intellectual property rights regime in India: IV-Identification and disclosure of IP products for their IPR protection in plants and Animals. J Intellect Prop Right 2008, 13(4), 336-43.

The recognition that plants and animals can provide commercial opportunities in agriculture and industry, and their inclusion as patentable subject matter in the TRIPS Agreement necessitates finer analyses and understanding of IPR protection of plants and animals and their products in agriculture. This paper attempts to analyse the scenario of a possible dual protection of indigenous plants and animals including farmers' varieties under the mi generis IPR protection as varieties/breeds on the one hand and the geographical indications on the other hand.

2 tables, 14 ref

014281   Gupta V K (National Institute of Science, Technology and Development Studies, New Delhi-110 012) : India: IPR and the national security. J Intellect Prop Right 2008, 13(4), 318-25.

The paper highlights intellectual property rights (1PR) issues related to defence and national security in the Indian context, for example, management of IPR during defence R&D and technology development, protection of IPR of strategic nuclear and dual use technologies and applications, negotiating patents and other IPR during acquisition of military equipment and technologies, and counterfeiting and piracy of legally owned intellectual property. The emerging non-nuclear commercial applications of some of the 'prescribed' substances in the Atomic Energy Act of 1962 like uranium, thorium, titanium, zirconium, graphite, or radioactive isotopes have been discussed. The paper stresses the need for resolving IP related Issues, particularly, for dual-use materials and systems by evolving an appropriate IPR policy. It points out significance of IPR in defence acquisition procedures and implementation and risks to internal national security from piracy of trademarked or copyrighted or patented products. India may have to act against such a piracy and crack down on intellectual property theft as part of response to the new set of national security challenges.

29 ref