014280   Bergstra J A;Klint P (Institute Voor Informatica, Kruislaan 403, 1098 SJ Amsterdam, The Netherlands) : Software invention cube: a classification scheme for software inventions. J Intellect Prop Right 2008, 13(4), 293-300.

The patent system protects inventions. The requirement that a software invention should make 'a technical contribution' turns out to be untenable in practice and this raises the question, what constitutes an invention in the realm of software. The authors developed the Software Invention Cube (SWIC), a classification of software inventions and used this classification to explore the meaning of the notions 'novelty', 'inventive step' and 'someone skilled in the art' for software inventions. They came to the conclusion that no meaningful distinction can be made between software invention and software discovery, which is crucial in patent law. They also showed that only in very few cases copyright is an alternative for patents to protect software inventions. In their analysis they made a distinction between 'software inventionism' (the point of view that software inventions per se can exist and precede any patenting or any other form of protection) and the techno-political decisions that can be combined with it. The result is a framework that enables reasoning about the software inventions and their potential protection. Hence, the question of what constitutes a software invention and the desirability to protect such an invention in any way is completely decoupled. This paper is a sequel to the previous paper¹ in which a proposal was formulated for an IPR-based software engineering life cycle and it was argued that only when an IPR-based software engineering life cycle is used a rational strategy towards software patenting, software patent licensing as well as IPR defense is possible. Further, an extensive discussion was given regarding the problem of so-called trivial patents. These seem to undermine the vitality and usefulness of the software patenting system. A number of examples of patents and patent applications that may be considered trivial were given. Long term strategies were discussed to remove trivial patents from the scene. Further, a research agenda consisting of a number of promising research questions concerning software patenting was worked out in significant detail and several policy recommendations were made.

3 illus, 8 ref

012054   Thomas Z (NO, , U24 Hudco Place Extn, New Delhi-110 049, Email: zthomas@piercelaw.edu) : IP case law developments. J Intellect Prop Right 2008, 13(Mar), 157-64.

This article attempts to summarize some of the recently reported cases on intellectual property law to enable the 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 November and December 2007 issues of the Patents and Trade Marks Cases (PTC), a leading case law reporter on intellectual property laws. There was no patent case to report during this period.

012053   Patel M;Saha S (NO, Hidayatullah National Law Univ, HNLU Bhavan, Civil Lines, Near Raj Bhavan, Raipur-492 001, Email: mayuri.hnlu@gmail.com) : Trademark issues in digital era. J Intellect Prop Right 2008, 13(Mar), 118-28.

The prime objective of this endeavour is to understand and analyse various issues with respect to trademarks, which have emerged as a result of the Internet or digital era. The scope of the paper is limited to various trademark issues only. The paper highlights various issues relating to trademark infringement with respect to different use on the Internet, starting from the issues related to domain name disputes, jurisdiction, linking, framing, meta-tagging or invisible use, banner advertising, spamming and phishing. The approach of various courts over such trademark issues in the digital era is also analysed in the paper.

66 ref

012052   Mitra S (NO, The WB National Juridical Sciences Univ, NUJS Bhavan, 12 LB Block, Sector-III, Salt Lake City, Kolkata-700 098, Email: mitrasaswata@gmail.com) : Pantent & food security-opening the Pandora's box. J Intellect Prop Right 2008, 13(Mar), 145-51.

The issue of food security which has gained prominence in the 1970's has been a topic of debate since then. The theme behind an intellectual property protection is to help protect investments into research and development and stimulate innovation and in recent times patents have been taken on indigenous plants which have been used for generations by the local people, without their knowledge or consent potential. The developing nations have become a potential experimental launch pad of the developed countries. Thus, market of the developing countries is being targeted as safety is lenient and the countries which have a patent protection on plant variety pay a heavy price for these technologies. This paper addresses some of the unresolved issues pertaining to patent and food security, the existing legislation's shortcomings and fallacies.

32 ref

012051   Maheshwari V;Bhatnagar P (NO, National Law Institute Univ, Bhadbhada Road, Bakheri Kalan, Bhopal-462 003, Email: vidhan159@sify.com) : Small scale industries and IP management: need to recognize intellectual assets. J Intellect Prop Right 2008, 13(Mar), 139-44.

The small-scale industries hold a very crucial position in every economy and the Indian economy is no exception. However, in the shifting frames of time, these industries have failed to cope up with the emerging challenges and to keep abreast with the latest developments especially, in the field of IPR. In India, most of these industries are lagging far behind and facing technical obscurity, being unaware about management of their knowledge-based assets like IPR. This paper deals with issues on the future of Small-Scale Industries (SSIs) in India in the present era of globalization and liberalization with the advent of TRIPS. The paper specifically focuses on the SSIs having investment of less than Rs 1 crore and discusses the importance of Indian SSIs in changing economic environment and its implications on small industries. It examines the reasons for protecting intellectual wealth in the present scenario of the economic development in India. It analyses the role of government in making the small enterprises viable and what measures should be and are being taken. The paper also deals with the steps taken for creating IPR culture and suggests the initiatives for SSIs.

8 ref

012050   Kochhar S (NO, Indian Council of Agricultural Research, Krishi Bhawan, 1, Dr Rajendra Prasad Road, New Delhi-110 001, Email: skochhar2000@hotmail.com) : Institutions and capacity building for the evolution intellectual property rights regime in India: II - ownership and Management issues in agricultural research. J Intellect Prop Right 2008, 13(Mar), 152-6.

The post World Trade Organization (WTO) developments towards the establishment of a well-defined IPR regime in the country, along with the advances in technological tools for agricultural research, have drawn serious attention of the national agricultural research system (NARS), leading to the development of their IPR management strategies, policy and guidelines, for an effective transfer of their IPR protected technologies. Two major international instruments, namely, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and the Convention on Biological Diversity (CBD), broadly determine the ownership rights on IPR, and biological resources. In agricultural research/IPR regime, the need for a firm institutional policy or framework, and the implementation mechanism has been strongly felt and realized. This needs to spell out the issues of ownership, assignment and delegation of powers for execution of various IPR management steps, and incentives to encourage greater creativity and rapid innovativeness in the system. This paper analyses the issues, which are particularly related to the ownership and management concerns.

1 illus, 7 ref

012049   Adarsh Ramanujan (NO, National Law Univ, NH-65, Nagour Road, Mandore, Jodhpur-342 304) : Reflections on the Indian Accession to the Madrid Protocol. J Intellect Prop Right 2008, 13(Mar), 111-17.

Today's globalized economy has placed much significance on the internationalization and harmonization of trademark laws. The Madrid System for the international registration of trademarks was one such effort created to allow companies to register their trademark in several countries through one application. Though not a party to the original Madrid Agreement, India recently acceded to the Madrid Protocol Relating to the Madrid Agreement Concerning International Registration of Marks. This article traces the evolution of this Madrid System and provides a critique of the Madrid Protocol. Besides analysing the criticisms of the Madrid Agreement, the author also critically analyses the advantages and developments of the Madrid Protocol over the Madrid Agreement.

58 ref

012048   Abhinav Kumar (NO, The WB National Juridical Sciences Univ, NUJS Bhavan, Salt Lake City, Kolkata-700 098, Email: abhinavkumar1985@gmail.com) : Towards patentability of essentially biological processes. J Intellect Prop Right 2008, 13(Mar), 129-38.

This paper addresses the issue of patentability of 'essentially biological processes' in India in view of increased importance of biotechnological inventions. The Indian Patent Act excludes the 'essentially biological processes' from patentability in order to be in conformity with Article 27 3(b) of TRIPS. However like TRIPS, the Indian Act does not provide any definition or content of the same. It is understandable in case of TRIPS as due liberty was intended to be offered to the member countries; non-specification by India is baffling. United Kingdom has provided a concrete definition to the term in its Biotechnological Directive and United States through case laws has narrowed the content of 'essentially biological process' considerably. India is in dire need of foreign investment and inventors for the development of biotechnology and such non-specification would act as a strong disincentive for any foreign contribution forthcoming. This paper urges the Government to enact specific amendments to the primary patent legislation for incorporation of definition and content of the term in question distinguishing it from other similar terms like microbiological processes which have been excluded from exclusions.

57 ref

011022   Thomas Z (Open Source Drugn Discovery (OSDD) & DG's Technical Cell, Council of Scientific and Industrial Research, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110 001, Email: zt@csir.res.in) : IP case law developments. J Intellect Prop Right 2010, 15(2), 138-45.

Attempts to summarize some of the recently reported cases on intellectual property law to enable readers to understand how the courts have applied principles of intellectual property law to actual IP disputes. In this article, Supreme Court directions for expeditious disposal of IP cases and cases on copyright and patent are covered.

011021   Thomas A (Open Source Drug Discovery (OSDD) & DG's Technical Cell, Council of Scientific and Industrial Research, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110 001, Email: zt@csir.res.in ) : IP case law developments. J Intellect Prop Right 2010, 15(1), 66-73.

Attempts to summarize some of the recently reported cases on intellectual property law to enable readers to understand how the courts have applied principles of intellectual property law to actual IP disputes. In this article, widely discussed cases on, copyright, design, patents and trademark laws are covered.

011020   Sreedharan S K (NO, SKS Law Associates, F-40, Flat No. 4, UGF, Kalkaji, New Delhi-110 019, Email: sunita.sreedharan@gmail.com) : Bridging the time and tide-traditional knowledge in the 21st century. J Intellect Prop Right 2010, 15(2), 146-50.

Traditional knowledge systems have by and large been relegated to the realm of myths and folklore. However, with the advancement of science and commercial successes chalked up by the pharmaceutical, nutraceutical and cosmetic behemoths, there has been a resurgence of scientific interest in the traditional knowledge systems. India with its vast and ancient pool of traditional knowledge is an easy target for accessing valuable TK and genetic resources. Unregulated access to these may lead to endangering of genetic resources as well as traditional forms of livelihood practiced by traditional communities thus impacting the ecosystem and the socio-economic-cultural fabric of India. This technical note explores immediate need faced by India to enact a sui generis legislation that will ensure that there is a regulated access to traditional knowledge with the prior informed consent of the traditional communities in such a manner that is not only fair and equitable but also in consonance with the traditional values of the traditional communities. It also examines salient features of the proposed sui generis model for the protection of traditional knowledge and traditional cultural expressions tentatively titled "The Traditional Knowledge (Protection and Regulation to Access) Bill 2009".

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011019   Nayak A;Chatterjee S (NO, West Bengal National Juridical Science Univ, Salt Lake City, Kolkata-98, Email: abhipsa.nayak@yahoo.com) : Onset of mobile chip piracy in the domain of copyright infringement. J Intellect Prop Right 2010, 15(2), 117-21.

This research article is about how people are using their mobiles for their own benefit but are unknowingly infringing the copyright by downloading songs, movies and games. Using mobile is a need, but recently in order to increase the marketability, different companies are accessorizing their products with new features whose usage results in the infringement of copyright. Due to this, music and other related industries are suffering a lot of losses. So, we should try a conscious effort to curb this crime and hence, benefit the Indian economy. Though, there is a growing awareness amongst the population of India as well as the music companies, yet nothing conclusive has been done. In this paper, the authors have tried to analyse some of the initiatives taken for curbing such piracy.

18 ref

011018   Nair M D (NO, , A-11, Sagarica, 15, 3rd Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai-600 041, Email: mdnair@vsnl.com) : TRIPS, WTO and IPR-TRIPS & affordable healthcare the concept of OSDD & patent pools. J Intellect Prop Right 2010, 15(1), 74-6.

011017   Nair M D (NO, , A-11, Sagarica, 15, 3rd Seaward Road, Valmiki Nagar, Thriuvanmiyur, Chennai-600 041, Email: mdnair@vsnal.com) : TRIPS, WTO AND IPR-world patents?. J Intellect Prop Right 2010, 15(2), 151-3.

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011016   Kochupillai M (Max Planck Institute of Intellectual Property, Competition Nad Tax Law, Marstallplatz 1, Munich 80539) : Protection and utilization of public funded intellectual property bill, 2008: a critique in the light of India' sinnovation environment. J Intellect Prop Right 2010, 15(1), 19-34.

The article critically reviews stated objectives and provisions of the proposed Indian Protection and Utilization of Public Funded Intellectual Property Bill, 2008 with a view to determining the impact the Bill, if enacted, might have on the innovation environment in India. The Bill may be premature in the current Indian innovation environment. Methodology adopted includes legal, statistical and comparative analysis and interviews. Relevant Indian policies and regulations aimed at promoting intellectual property creation, protection and commercialization have also been studied.

1 table, 69 ref

011015   Jauhar A;Narnaulia S (NO, West Bengal National Juridical Sciences Univ, Salt Lake City, Kolkata-98) : Patenting life the American, European and Indian way. J Intellect Prop Right 2010, 15(1), 55-65.

The patent regime heralds an expansion of its protective umbrella to the emerging sphere of biotechnology, full repercussions of it are only just coming to fore. With revolutionary and rapid growth of industry, new legal and ethical questions have burgeoned which require a meticulous and concerned deliberation. This article discusses evolution of patenting life in the United States, Europe, and India. Additionally, implications of each country's impact on international patent regime in the light of TRIPS Agreement are also studied. The article also explores feasibility of offering similar statutory protection to living-organisms manufactured with significant human intervention in India, which thus far has only witnessed a minimal onslaught of patent applications for utility patents.

63 ref

011014   Gupta V K (NO, , 214, Sanskriti Apartment, Sector 19B, Dwarka, New Delhi-110 075, Email: vkgdwarka@gmail.com) : Insight into firms' strategy for leveraging technological competences in Asia. J Intellect Prop Right 2010, 15(2), 130-7.

Technological skills of inventors have become important for innovation and competitiveness of firms in the knowledge based industries. With the emerging globalization, firms that make use of technological competence of inventors worldwide innovate and prosper faster. The present study examines how national or foreign firms leverage the technological competence of inventors from select Asian and other countries. A related question has also been examined as to how these firms leverage technological competence of inventors exclusively from foreign countries without the involvement of inventors from their own countries. The study presents a methodology for extracting relevant data and analysis of bibliographic information in a patent document to provide insights into firms' innovation strategies while leveraging technological competences of inventors. The case study of leveraging technological competence of inventors from India, by foreign or national firms, has been presented in detail to provide policy relevant to understanding of the pattern of distribution of assignee firms or other organizations leveraging the competence (a) by performing sector viz. industry, university or government, (b) by countries of origin of firms, (c) the role of key foreign or Indian firms, and (d) the technical areas in which technological competence is leveraged. Similar studies could be undertaken in case of other countries as well to formulate innovation strategy and policy at the national or firm level.

3 table, 6 ref

011013   Gupta A (NO, National Law Univ, NH-65, Nagour Road, Mandore, Jodhpur-342 304) : Scope of online service providers' liability for copyright infringing third party content under the Indian laws-the road ahead. J Intellect Prop Right 2010, 15(1), 35-45.

The issue of liability of online service providers (OSPs) for third party content is one of the most contentious issues in the realm of cyber law. Different jurisdictions around the world have dealt with the issue either through legislative provisions or judicial pronouncements. Until recently, the legal position in India was nebulous and vague especially with respect to liability for copyright infringing third party content. The Information Technology (Amendment) Act, 2008 has significantly clarified the scope of immunities available to intermediaries. Unlike the immunities under the old IT Act, these immunities are not only available with respect to offences under the IT Act, 2000 but even for the liabilities arising under any law. The object of this paper is to extensively examine applicability and scope of such immunities, by comparatively analysing them with similar provisions in the United States and the European Union. This paper further examines the scope of OSPs liability under the Copyright Act, 1957 under three heads viz. direct liability, secondary liability and criminal liability. The potency of the argument that OSP authorize infringement has been examined by the courts in the UK, Canada and Australia. This paper examines accuracy of the argument and its applicability in the Indian context. The paper concludes with an overview of the position likely to emerge under the Indian law.

63 ref

011012   Chopra S;Negi A (Federiation of Indian Chambeers of Commerce and Industry, Federation House, Tansen Marg, New Delhi-110 001, Email: sheetal.chopra@ficci.com) : Role of intellectual property during recession. J Intellect Prop Right 2010, 15(2), 122-9.

Recession indicates downsizing shrinking markets and increasing competition. Recession has hit global economy very hard in the recent past. The year 2007 marked the beginning of recession and it is not yet certain whether it has ended. Several industries have suffered largely because of the global meltdown. More and more industries are turning to their intangibles to keep afloat to ride this recession tide. The paper attempts to study how the companies have excessively relied on the IP assets to remain competitive during the tough time when there is increasing resource crunch. The paper also attempts to identify how some smart companies have used downturn effectively to position themselves even better when the tough times of recession are over and the markets are again available by Bringing in innovations which filled the needs of the market. The paper offers few key recommendations based on some of the best practices adopted by companies during economic meltdown. This study was done by selecting companies on random basis and interviewing IPR experts via e mail and telephones.

2 table, 29 ref

011011   Carrier M A (NO, Rutgers School of Law-Camden, 217 North Fifth Street, Camden, NJ 08102, Email: mcarrier@camden.rutgers.edu) : Pirate bay, grokster, and google. J Intellect Prop Right 2010, 15(1), 7-18.

The Pirate Bay. Three simple words. Such strong reactions. Proponents point to a vibrant forum for distributing files. Critics lament massive pirating of copyrighted works. The Swedish district court recently found The Pirate Bay (TPB) guilty of making copyrighted works available. This article explores the consequences of this decision. It first explains the technology underlying TPB and provides an overview of the website. It then analyses the court's opinion. Finally, the article applies the opinion's reasoning to the activities at issue in the US case of MGM v Grokster¹ and to the Google search engine.

66 ref

011010   Arathi Ashok (School of Legal Studies, Cochin Science and Technology Univ, Cochin-682 022, Email: arathi_ashok@yahoo.co.in) : Economic rights of authors under copyright law: some emerging judicial trends. J Intellect Prop Right 2010, 15(1), 46-54.

Deals with various economic rights of authors and how these rights have been interpreted and appreciated by the courts with special emphasis on the interpretation of these rights in the digital context. It further deals with issues like transitory copying and conversion of the work from two dimensional to three dimensional and how the same has been looked into by various courts.

45 ref

008828   Singh R K;Srivastava R C;Community A; Community M (College of Horticulture & Forestry, Central Agricultural Univ, Pasighat-791 102, Email: ranjaysingh_jbp@rediffmail.com ) : Biological gergraphical indicators of traditional knowledege based products and green technology from Arunachal Pradesh: an intiative for safeguarding IPR of communities. Indian J Tradl Knowledge 2010, 9(4), 689-92.

The paper demonstrates the observations of an initiative taken during 2003-2008 in Arunachal Pradesh about the work on Geographical Indication (GI) with reference to the traditional knowledge and plant based products/practices and green technologies. These studies suggest that there are total 12 GI important products and green technologies which are made/prepared from the indigenous plants. These products and technologies were recorded from Adi and Monpa communities of East Siang and West Siang districts of Arunachal Pradesh. Each product/green technology is belonging to community knowledge domain. These GI important practices/products/green technologies were submitted to the Government of India for their inclusion in main GI database and further processing to ensure community collective rights and IPR on the reported products and green technology.

6 illus, 1 table, 4 ref

008827   Rastogi T (NO, SKS Law Associates, F-40, Flat No 4, UGF, Kalkaji, New Delhi-110 019, Email: tulika@skslaw.org) : IP audit: way to a healthy organization. J Intellect Prop Right 2010, 15(4), 302-9.

Aims to study intellectual property audit and its importance in the management of intellectual assets of organizations. IP audit is vital for academic and research institutions as it improves transfer of technology and reduces uncertainties in IP matters. At the same time, it is significant for corporates not only to remove uncertainties in IP but also help in IP protection and compliances. With the increasing interaction of companies and universities or public funded research institutes, review and assessment of not only their intellectual assets but also their IP policies have become imperative. Such an audit helps organizations to avoid the pitfalls and maximize value of the intangible assets possessed by these organizations without the fear of any unwarranted legal proceedings.

13 ref

008826   Nair M D (NO, , A-11, Sagarika, 15, 3rd Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai-600 041) : TRIPS, WTO and IPR : the year 2009 in retrospect. J Intellect Prop Right 2010, 15(4), 310-12.

008825   Nair M D (NO, , A-11, Sagarica, 15, 3rd Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai-600 041, Email: mdnair@vsnl.com) : TRIPS, WTO and IPR: prevailing issues and emerging trends. J Intellect Prop Right 2010, 15(3), 235-7.

008824   Mittal R (Campus Law Center, Faculty of Low, Delhi Univ, Delhi-110 007, Email: mittalraman@gmail.com) : Analysis of the mysterious element of quality control in trademark licensing. J Intellect Prop Right 2010, 15(4), 285-92.

This article is about the practice of trademark licensing done without an exercise of quality control which in the legal parlance is known as 'naked licensing'. The article explores the meaning, origin, forms and rationale of quality control which as per the law, the proprietor of a trademark must exercise on the activities of his licensee. There are two kinds of provisions in the Trademarks Act, 1999 as to requirement of quality control. One, direct provisions found in Sections 49(1)(b) and 50(1)(d) mandate a registered proprietor to exercise quality control over the registered user. Two, the provisions mandating quality control are implicit in other provisions of the Act such as Section 57 read with Section 9. The paper seeks to analyse the relevance of these provisions and develops an argument that the direct provisions have lost their relevance and should be taken out of the statute book while maintaining that the implicit provisions continue to be meaningful.

33 ref

008823   Mittal A (NO, National Law Univ, NH-65, Mandore, Jodhpur-342 304) : Patent linkage in India: current scenario and need for deliberation. J Intellect Prop Right 2010, 15(3), 187-96.

The system of 'patent linkage' refers to the practice of linking drug marketing approval to the status of the patent of the originator's product. It directly affects the entry of generic drugs into the market. The article analyses patent linkage in different jurisdictions and finds out whether such a system can be read into existing Indian laws. It also discusses various judicial pronouncements and pertinent legislations to trace the history and scope of patent linkage in India. The Delhi High Court judgment, in Bayer Corporation and Others v Cipla, Union of India (UOI) and Others, which held that patent linkage cannot be read into existing Indian provisions, has been discussed in detail. This article tries to highlight the reasons as to why such a system should, or should not, be introduced in India.

29 ref

008822   Mir F A;Ain F (Law Dep, Law Univ, Hazratbal Srinagar, Kashmir-190 006) : Legal protection of geographical indications in Jammu and Kashmir-a case study of Kashmiri handicrafts. J Intellect Prop Right 2010, 15(3), 220-7.

The location of the State of Jammu and Kashmir represents a confluence where East, West, Central and South Asia meet which has provided an opportunity for the convergence of Hellenistic, Sinic, Iranian and Indian thought and culture. The geographical location of the valley of Kashmir has made it an ideal location for handicrafts because local people prefer to stay indoors due to long winters. This paper discusses different geographical indications which could be considered for registration in the light of statistical figures of revenue generated by such handicrafts. It also discusses lack of adequate governmental support to mobilize local human resource to take up handicrafts on professional lines for self employment which could ease the burden on the government resources to provide jobs to educated youth which is a perennial problem for the State of Jammu and Kashmir due to the lack of investment by the corporate sector and income generating units in the State. The paper points out some loopholes in the GI Act which could impede registration of geographical indications or could unjustly help traders of geographical indications to exploit ignorance of its true owners. It has been also argued that the traditional knowledge relating to handicrafts which is left un-protected should be protected by some sui generis system to suit the needs of the local craftsmen.

24 ref

008821   Liu W (Social Science Dep, Zhejiang Shuren Univ, No 19, Zhoushan Dong Road, Hangzhou-310 015, P R China, Email: wenqiliu@gmail.com) : Approaches to ensuring access to pharmaceuticals under the new China's patent law. J Intellect Prop Right 2010, 15(3), 228-34.

The access to Pharmaceuticals is of significance for ensuring the right to health, which has attracted more and more attention from the world. It is widely recognized that an adequate system of intellectual property (IP) is a necessary condition for achieving access to pharmaceuticals. Due to technological lag, insufficient manufacturing capability, and weak voice in the world, developing countries need more concerns from the global society to overcome such challenges before them. Consequently, it should strengthen multilateral efforts to implement international treaties and help the poor in developing countries obtain cheaper pharmaceuticals. On the other hand, developing countries could modify their own IP systems to facilitate access to pharmaceuticals. This article discusses the coexistence between the right to health and IP rights, reviews the amendments of China's patent law, studies how China achieves the flexibilities allowed by the Agreement on Trade-Related Aspects of Intellectual Property Rights, and analyses its implications for safeguarding public health.

29 ref

008820   Kochhar S (NO, Indian Council of Agricultural Research (ICAR), Krishi Anusandhan Bhawan, Pusa, New Delhi-110 012, Email: skochhar2000@hotmail.com) : How effectiv is sui generis plant variety protection in India: some initial feedback. J Intellect Prop Right 2010, 15(4), 273-84.

The Indian sui generis Plant Variety Protection (PVP) law has a blend of IPR-savvy and public-interest provisions. There is no provision for the sale of farm-saved seed as branded seed as well as the presence of genetic use restriction technology (GURT) or 'terminator technology' in the varieties to be registered. Developments related to PVP applications filed and recorded in the initial two-and-a-half to three years since the beginning of registration process in the country suggest that the legislation could not be effective, particularly for the protection and commercial use of extant varieties, including the premium farmers' varieties. Inadequacy may be seen, for example, in terms of inappropriate notification of genera and species eligible for PVP, low filing of applications even for the notified genera for various categories of extant varieties defined as per law, few grants of IPR titles, little opportunities created/availed for the exclusive commercial use of extant varieties to enhance their cultivation/diffusion in the areas where maximum realization of their productivity and returns were possible, etc. Logic and prospects of licensing/cross-licensing extant varieties including premium farmers' varieties to small and local seed companies in the short term are discussed.

2 illus, 4 tbles, 35 ref

008819   Kalpana Sastry R;B H Rashmi;Rao H N (NO, National Academy of Agricultural Research Management, Rajendranagar, Hyderabad-500 407, Email: kalpana@naarm.ernet.in) : Nanotechnology patents as R&D indicators for disease management strategies in agriculture. J Intellect Prop Right 2010, 15(3), 197-205.

Nanotechnology has immense potential for the development of more precise and effective methods for disease diagnosis and treatment in plants and animals. The pan industrial nature of this technology continues to attract all stakeholders involved in issues of diseases management in agriculture. Current investments using nanotechnology in disease diagnostics and drug delivery in India are on the rise. If these are to be profitable, it is essential that transfer processes of nanotechnologies in this sector against the patent portfolios are well understood for developing sound policies and for commercialization. The objective of the present study is to assess the trend of patents of this multifaceted technology and its applications in this sector from the databases such as EPO, USPTO, Delphion and Micropatent. Patent analysis includes bibliographic analysis of the patent timeline such as publication year and priority year, country, main IPC and assignee of the patents and technological analysis of nanoresearch areas and their potential applications in disease management. The study illustrates the potential of patents as indicators of technology to develop a framework for knowledge mapping.

3 illus, 3 tables, 32 ref

008818   Ghosh Samaddar S;Samaddar A B (NO, Motilal Nehru National Institute of Technology, Allahabad-211 004) : Komal Chaul-a potential candidate for geographical indication. J Intellect Prop Right 2010, 15(3), 214-9.

It is essential to protect bio-cultural products from being unduly patented and from biopiracy. Identification of a Geographical Indication (GI) itself is not a measure to stop bio-cultural biopiracy and is not an automatic protection to any bio-cultural product; it must be tested against the characteristics of GI. Identified GI must be seen through the bio-cultural protocol that makes it a ready candidate for GI application. This paper presents a step-by-step procedure for identifying and testing of a GI candidate and a walk-through GI candidature, application and registration steps. The case study taken for the purpose of identification is for 'Komal Chaul, a suitable candidate for GI from Assam, located in North-Eastern part of India, yet to be registered for GI. The case-study testing proves that this bio-cultural product, i.e. 'Komal Chaul' may be registered for GI successfully.

20 ref

008817   Choudhary V K (NO, WB National Juridical Science Univ, NUJS Bhavan 12, LB Block, Sector III, Salt Lake City, Kolkata-700 098, Email: vivek4141@gmail.com) : Protection of well known trademarks and weakening of honest concurrent user defense. J Intellect Prop Right 2010, 15(4), 293-301.

This paper sheds light on the protection of well known trademarks in India vis-a-vis various parameters and evidence requirements, primarily by way of analysing relevant case laws. In order to assess how 'IP-savvy' Indian courts are, this paper also shows through empirical data that the trend in Indian courts in the last few decades has consistently been pro-plaintiff while deciding intellectual property cases. Further, the paper examines the 'honest and concurrent user' defense against the action of passing off pertaining to trademarks' use by analysing the latest case laws. This shows a paradigm shift regarding honest user defense in the sense that it is gradually becoming weaker; the main reasons being 'trademark-smartness' of trademark proprietors, advanced information technology and ease of access to information, among others. The paper also pinpoints a few exceptional cases where the courts have been more lenient in allowing this defense; pertaining to education sector in particular, on the grounds of public interest.

1 illus, 47 ref

008816   Barpujari I (NO, The Energy & Resources Institute, Darbari Seth Block, IHC Complex, Lodhi Road, New Delhi-110 003, Email: indrani.barpujari@teri.res.in) : Patent regime and nanotechnology: issues and challenges. J Intellect Prop Right 2010, 15(3), 206-13.

The emergent field of nanotechnology (NT) is currently very active worldwide with respect to intellectual property rights (IPR), especially patents, with both developed and developing countries joining in the nano-patents race. With the emergence of any new technology, nanotechnology creates opportunities as well as challenges in adapting the patent regime to its particular context. There is some consensus that patenting NT innovations poses more problems than other technologies, owing to their multi-disciplinary character, cross-sectoral applications, broad claims as well as difficulties in fulfilling the patentability criteria of novelty, non-obviousness and industrial application. This is aggravated by the lack of a standardized terminology which impedes easy identification of nano-patents and also the fact that patent offices may not be well-equipped to handle nanotechnology. These problems are likely to be compounded for developing and least developed countries, which irrespective of their state of technological advancement, and capacity of the domestic regime, are obliged to confer IPR in the new technology.

19 ref

023587   Rajwant Kaur;Goyal Bhagi R (NO, , ) : Copyright in India: an overview. Int Libr Movement 2005, 27(2), 61-77.

11 ref

022503   Saha T K;Bharti N (NO, Hidayatullah Natn Law Univ, Raipur-492 001, Email: sts_saha@rediffmail.com) : Beyond wines and spirits: Developing countries' GI products and their potential in WTO regime with special reference to India. J Intellect Prop Right 2006, 11(2), 89-97.

There has been a sea change in global marketing of geographically indicated products. The problem of protecting products of geographical origin; post TRIPS Agreement, which provides for enhanced protection to wines and spirits has been discussed. Since no other product has been given enhanced legal protection in TRIPS, uncertainty for those unprotected products still continues. This has introduced inequity and unfair treatment of other products of equal importance sourced from the geographical locations and regions of the developing world. In order to evolve a fair trading system in the global market, agricultural and other natural products cannot be ignored as this affects the livelihood of a large number of people who are engaged in producing traditional and indigenous products of reputed quality. Explores the possibilities of extending better protection to those unprotected products through the route of GI and probes the potential worth of Indian GI products with particular reference to newly found bonanza of bio-diesel extraction from Jatropha seeds as available in the state of Chattisgarh.

2 tables, 23 ref

022502   Rana R (NO, Natn Law Sch of India Univ, Nagarbhavi, Bangalore-560 072, Email: rajat@nls.ac.in) : Indigenous culture and intellectual property rights. J Intellect Prop Right 2006, 11(2), 132-9.

Intersection between intellectual property rights regime and indigenous claims in the context of folklore, songs, practices, etc., as well as human rights law and intellectual property law with specific reference to Australia where the judiciary has played a significant role in protecting the cultural interest of the aboriginals.

1 illus, 35 ref

022501   Maggon H (NO, Symbiosis Law Coll Senapati Bapat Rd, Pune-411 004) : Legal protection of databases: an Indian perspective. J Intellect Prop Right 2006, 11(2), 140-4.

Many countries have proposed introduction of a sui generis form of protection for 'non-creative' databases. This issue has sparked off a debate regarding protection beyond intellectual property and has exposed limitations of copyright law. Further, such protection also has wide implications for the scientific community and also the general right of people to information publici juris. It is, therefore, important to provide protection to such databases without unnecessarily impeding the free flow of information. The issue from an Indian perspective and studies existing copyright protection available to such works in India and analyses the protection models available for 'non-creative' databases.

47 ref

022500   Jayant Kumar (NO, Natn Law Univ NH-65 Nagaur Rd, Jodhpur-342 304, Email: jayantkumar@nlujodhpur.ac.in) : Intellectual property securitisation: How far possible and effective. J Intellect Prop Right 2006, 11(2), 98-102.

Over the past decade and a half, there has been a steadily increasing focus on intellectual property (IP) and its proceeds as sources of funding and collateral security. More than ever, IP is being recognized as a valuable component of a company's asset portfolio due in large measure to the growth in IP as a strategic investment. The use of IP collateral is often more attractive than other types of collateral because there is generally a lower credit risk, which results in a lower cost of financing and pledging IP collateral will often allow a borrower to secure financing without the need to alter its capital structure. The issues related to patent securitization has been discussed and concludes with a statement of how far patent securitization is possible and effective.

20 ref

022499   Gibson J (NO, Queen Mary Intellectual Property Res Inst Cent for Commercial Law Stud, London EC1M 6BQ, United Kingdom) : Patenting lives-life patents, culture and development. J Intellect Prop Right 2006, 11(2), 103-12.

While many have lauded the potential role of agricultural biotechnology in achieving food and agricultural security in the developing world, this enthusiasm has been tempered by concerns over access to that technology being limited by intellectual property monopolies. Introduces questions regarding the patent protection of life forms on cultural and economic development and considers whether further limitations are warranted on intellectual property monopolies that may be created in living organisms, including plants/plant varieties and animals, in the context of genetic engineering. Other potential means of effective commercial return for these technologies are outlined, with particular attention to notions of corporate responsibility, branding, and civil society action through non-governmental organizations and the public.

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022498   Dalal P (NO, , 5, Jagriti Apartments, Sainik Vihar, Rani Bagh, New Delhi-110 034, Email: pd37@rediffmail.com) : Data protection law in India: The TRIPS perspective. J Intellect Prop Right 2006, 11(2), 125-31.

Evaluates the mandates and requirements of TRIPS Agreement, vis-a-vis data protection requirements in India. India is planning to enact a law on data protection and the same must be in conformity with not only the TRIPS Agreement but also with the Constitution of India. An attempt has been made to highlight some issues on data protection in India. These issues are such that continued ignorance and rejection can result in the declaration of the proposed law as 'unconstitutional'.

33 ref

022497   Basheer S;Amin T (Oxford Intellectual Property Res Cent (OIPRC), St Peters Coll, New Inn Hall Street, OX I 2DL, UK, Email: shamnadmb@hotmail.com ) : Taming of the flu: working through the Tamiflu patents in India. J Intellect Prop Right 2006, 11(2), 113-24.

With an impending Avian influenza or bird flu pandemic, the issue of patents and public health has once again taken centre stage. Oseltamivir (known by its brand name 'Tamiflu'), a patented antiviral pill, has emerged as the worls's first line of defence agianst bird flu. A key priority of most nations is to create sufficient stockpiles of this pil that can then be easily distributed and administerd during a pendemic. Keeping this end in mind, explores the patent position in India and looks at ways to work around a patent,should one issue in future, to accelerate access in the event of a pendemic. Various strategies has been recommended for creating an optimal and affordabe stockpile and calls on the government to take a more definite stand in the matter.

58 ref

021491   Purohit M (Law Dep, R.D. Univ, Jabalpur, M.P.) : Patent: cause for concern. J basic appl Mycol 2005, 4(1-2), 158-160.

5 ref

019455   Verma S K (Fac of Law, Univ of Delhi, New Delhi-110 007, Email: in_sk_vrma@yahoo.com) : Financing of intellectual property : developing countries' context. J Intellect Prop Right 2006, 11(1), 22-32.

Converting a creative idea into a financial asset is the essential feature of financing intellectual property (IP). IP can be sold, licensed, used as a collateral or security for debt finance. Valuation of IP is also important to secure loans or finances for business. Whereas in the developed world, IP is treated as an asset and a part of the company's portfolio, this is less prevalent in developing countries becausae of the level of their development and very meager IP portfolio in general. Financial constraints and lack of infrastructure are also hurdles creating and maintaining IP in developing countries. Capacity building for innovation is a very significant rquirement in IP infrastructure. The industries in developing countries need to appreciate that a good portfolio makes good business sense.

38 ref

019454   Tiwari A;Rajan S S (NO, The West Bengal Natn Univ of Juridical Sci, 12 Lb Block, Sector III, Salt Lake City, Kolkata-700 098, Email: anuatiwari@gmail.com) : Proprietary rights or common property? - the dilemmas of copyright proteciton of case-law reporters. J Intellect Prop Right 2006, 11(1), 33-42.

Law reporters have long been an integral part of the legal fraternity, being the principal source of communicating judicially evolved laws; forming fundamental basis for academic research as well as locating precedents within the litigation arena. Their enhanced electronic availability has led to obvious questions regarding their ambiguous status under copyright legislations, both with respect to protection afforded for individual components like headnotes, indices, etc., as well as of the entire reporter. Such deadlocks in statutory law have spawned extensive litigation in countries like US, Canada, UK, India, etc. In an attempt to put forth a comparative legal analysis, the paper looks into foreign jurisdictions to unravel the flux in the Indian copyright law on law reporters, preceded by a cursory understanding of macrocosmic standards of originality and the consequent qualification for copyright protection. Concldues with an assessment of the various reasons for which law reporters must be accorded copyright or some other form of proprietary rights over their databses, thereby assisting in the proliferation of technically superior reporters.

69 ref

019453   Suresh J (NO, , Flat 2D SPL Enderley, # 26 Cubbon Road, Bangalore 560 001) : Intellectual property rights - implications in Indian dairy industry. Indian Dairyman 2005, 57(12), 118.

019452   Singhania A (NO, Govt Law Coll, `A'Road, Churchgate, Mumbai-400 020, Email: ankitasinghania@hotmail.com) : Copyright laws in India and maintenance of a welfare State. J Intellect Prop Right 2006, 11(1), 43-52.

Information has attained the status of a `primary good' and is therefore essential for the socio-economic development of an individual in any society. Given the nature of the Indian polity which is a Welfare State, the current copyright regime in India, which has largely been modelled to fulfil India's obligations under the TRIPS Agreement, does not strike a harmonious balance between promoting the progress of arts and sciences and fulfilling the constitutional mandate of achieving social and economic justice. The lengthy term of protection of copyright is detrimental to the benefit that public might derive from release of such work in public domain. Developing nations like India should develop copyright models that do not stunt the growth of their skilled work force and further satisfy their constitutional goals.

64 ref

019451   Cullet P (NO, Sch of Oriental and African Stud (SOAS) Univ of London, Thornhaugh Street, Russel Square, London WCIH OXG, United Kingdom, Email: pcullet@soas.ac.uk) : Human rights, knowledge and intellectual property protection. J Intellect Prop Right 2006, 11(1), 7-14.

Human rights and intellectual property protection are two distinct areas of law and have largely evolved separately over time. Nevertheless, a number of links between the two can be identified. On the human rights side, the question of recognition of a human right to intellectual property has been a topicof increasing debate since the adoption of TRIPS Agreement. This falls within the context of the increasingly visible impacts of intellectual property rights on the realization of human rights such as the right to health and in the context of Article 15(1) of the Covenant on Economic, Social and Cultural Rights (ESCR) which provides a framework for addressing the place of knowledge and intellectual development in a human rights context. Recent developments concerning the understanding of Article 15(1) of the Covenant and focuses on the need to find a balance between the claims of intellectual property rights holders and all other actors making contributions to intellectual development, such as traditional knowledge holders has been focused.

27 ref

019450   Bosworth D;Yang D (NO, St. Peter's Coll Oxford Univ, New Inn Hall Street, Oxford OX1 2PL, UK, Email: derek.bosworth@btinernet.com) : Conceptual issues of global counterfeiting on products and services. J Intellect Prop Right 2006, 11(1), 15-21.

Counterfeiting is a global problem of enormous magnitude. Despite its obvious importance, relatively little attention has been paid to the management of counterfeiting. The difficulties of measuring counterfeiting has been considered and provides evidence of the magnitude of the problem worldwide. The focus is on counterfeiting of privatley produced goods and services, rather than the issue of counterfeiting of currency per se, which is a somewhat different though related issue. A conceptual framework of the private and social costs and benefits of anti-counterfeiting measures is also provided. The framework highlights a number of key driving forces of counterfeiting, including existence of unsatisfied demand at the prevailing prices - a demand that is fuelled by advertising and other promotional activities. Conceptual and empirical work to develop an agenda of items for company policy makers has been discussed.

4 tables, 24 ref

010985   Wang B (NO, Industrial Technol Res Inst Technol Transfer Cent (TTC) 195 Sec. 4, Chung Hsing Rd Chutung, Hsinchu, Taiwan-310, ROC, Email: bywnag@itri org.tw) : Intellectual property management and value-added strategy of the industrial technology research institute. J Intellect Prop Right 2005, 10(5), 376-81.

Analyses the strategies, which public research organizations apply to add value to their intellectual property. Industrial Technology Research Institute (ITRI), Taiwan, is used as an example and reference is made to the American system. The strategy and approach in response to the Basic Law of Science and Technology (in Taiwan) is discussed with reference to the Technology Transfer Centre (TTC), the factors that impact technology transfer pricing, the process for technology transfer, the factors to consider in technology transfer, industrial co-operative model and patent orientated technology transfer. Thereafter, the strategy and approach with regards to technology derivative value-added business is discussed. After analysing the strategy, some real case studies are discussed (Bio-chip, partial transfer of patent rights and the auctioning of patents). Lastly, some recommendations are made regarding the creation of IP-centric technology transfer mechanisms.

2 illus, 2 ref