Journal of Intellectual Property Rights

 

VOLUME 7

NUMBER 2

MARCH 2002

 

CONTENTS

 

Articles

 

Patent Information: A New Dynamic for South-East Asia?

105

  Michael J R Blackman

 

 

 

New Dimensions to Patents on Genomics and Proteomics

119

  Ravi Dhar

 

 

 

Patenting of Computer Software: Status and Approach

128

  R C Tripathi, A K Garg, V B Taneja and A K Chakravarti

 

 

 

Intellectual Property Rights and Assessment of the Raw Materials

143

  (Crude Drugs) Used in Indian Systems of Medicine

 

  R U Ahmad

 

 

 

Why Biotech Patents are Patently Absurd - Scientific Briefing on TRIPS and

151

  Related Issues

 

  Mae-Wan Ho

 

 

 

How Will Patents on Business Methods Affect E-commerce?

166

  Shi-Ting Chu

 

 

 

Literature Review

 

 

IPR—General

180

· Role of IPR in the development of herbal drugs · IP management and awareness at the university level in the biotechnology era · Protecting intellectual property · New paradigm in intellectual property law, the case against open sources · Property rights regimes over biological resources
· Rewards versus IPR · IP challenges for developing countries · Security interests in electronic databases · Management of IPR in European biotechnology firms

 

 

 

Patents

184

· Introduction to the guiding principles in the decisions on patent law
· Supplement to handbook of Indian patent law and practice · Robots and patents · Empirical analysis of international patent harmonization · European patents for biotechnological inventions · Perspectives on machine translation of patent information · International conflicts over patenting human DNA sequences in the US and the European Union

 

 

Copyright

186

· Can culture be copyrighted? · Copyright, compulsory licensing and incentives · Towards an international fair use doctrine · Protecting the visual arts in Jamaica · Does intermediate copying of computer software for the purpose of reverse engineering a non-infringing product infringe the copyright in the software? · Sui generis database right: ripe for review

 

 

 

IPR News And Notes

 

 

 

IPR News—General

190

· IPR protection crucial for pharma co’s growth · Intellectual property court
· CAS launches free website

 

 

Patent News

191

· Patents from independent India · Patent applications processing up
· Increase in patent applications of genetic sequences · Michael Jackson dancing shoes patented · Gene and protein patents · Drug patents · Digital watermarking dispute resolved · Smithkline Beecham sues Endo

 

 

 

Trademark News

194

· Norms on payment of brand name royalty · Trademarks in Cyberspace
· Trademark registration · IRMAS—new trademark file

 

 

Key Patents

196

· Balloon for rescuing people · New electronic guitar · Artificial-horizon spectacles ·Wearable technologies patented · Side-chain crystalline acrylates · Optical amplification device · Pepper cultivar

 

 

Technical Notes

198

· IPR and international trade · Patenting activity in SMEs sector
· Semiconductor Integrated Circuits Layout Design Act · Doctrine of equivalents

 

[[

 

 

 

Journal of Intellectual Property Rights

Vol 7 March 2002, pp 105-118

 

 

Patent Information: A New Dynamic for South-East Asia?

 

Michael J R Blackman

 

 

A broad-ranging review of patent information, its value, uses and methods of accessing it, in the context of business in South-East Asia, is presented. It traces how patent information arises in the first place, and how it can be used in, for example, patentability, competitor analysis and infringement clearance searches. The problems of isolating just the potentially relevant patent publications from the many tens of millions already in the public domain are explored. Comparison is made between the ways that this search task has been traditionally performed using paper based technology, and the expanding electronic systems now available. Summaries of the main Internet patent and other industrial property databases are provided, and the easier access to patent copies, as one of the key dissemination vectors, explained. The article concludes with information on the wider issues of the changing IPR scene - legal, political and practical - as well as some thoughts on the increasing opportunities created by these various developments for an ever widening patent information user population.

 

 

 

Journal of Intellectual Property Rights

Vol 7 March 2002, pp 119-127

 

New Dimensions to Patents on Genomics and Proteomics

 

Ravi Dhar

 

The paper discusses the patenting on genes as well as potential patents on gene fragments of unknown biological functions. Also discussed are ESTs,SNPs and their implications in identifying and mapping multiple genes associated with complex human diseases and some forms of neurological disorders. Hot debates on controversies concerning the genetic engineering of plants, animals and Human Genome Project are also covered. A close coordination between scientists and legal experts is also impressed upon for proper understanding of the scientific jargon in order to quickly dispose of various patent applications.

 

 

Journal of Intellectual Property Rights

Vol 7 March 2002, pp 128-142

 

Patenting of Computer Software: Status and Approach

 

R C Tripathi, A K Garg, V B Taneja and A K Chakravarti

 

 

Computer software, as literary work, is protected in accordance with the Berne Convention, 1971. Accordingly, it is protected in India under Copyright Act, 1957 (as amended up to 1999). Some developed countries like USA, UK, Japan, etc. have allowed patenting of certain type of computer software related inventions by defining it in their own ways, e.g. “technological arts”. This has generated debate whether such patenting of computer software in India would have positive economic and technological impact as the country is moving ahead to be an important global player in the area of computer software and services

 

 

 

Journal of Intellectual Property Rights

Vol 7 March 2002, pp 143-150

 

Intellectual Property Rights and Assessment of the Raw Materials (Crude Drugs) Used in Indian Systems of Medicine

 

R U Ahmad

 

There are two types of Ayurvedic medicines prepared in the country. First is the classical drugs (based on classical literature of the Ayurvedic System of Medicine as given in Schedule-A of the Drug & Cosmetics Act, 1940). Second is the `patent and proprietary’ (P.P.) medicine manufactured by the pharmaceutical industry of the Indian Systems of Medicine (ISM) on their own developed formulations (by adding or deleting in the original classical formulations). In all these formulations, 90% drugs of plant origin are used in their own natural forms as roots, stems, leaves, fruits, and their modified structures and their derivatives like gums, exudates, etc. Since these crude drugs raw material may not have been evaluated scientifically on botanical, pharmacognostical, chemical and pharmacological parameters, etc. it is therefore, necessary to screen them out for various ailments. Pharmaceutical industry of ISM in the country is very large and manufacturing its drugs on the basis of licence issued by the Drug Control Authorities of the respective States. Position of drugs of ISM as to how they are procured, obtained from various resources in the country is not known exactly. The activities attributed to a single plant for various ailments are quite scanty. Their trade history, supply and demand, involvement of national level institutions and their trade market is also not authentically established. Government of India is busy in laying down its standards in the form of pharmacopoeial monographs for quality control purposes.

Looking into all these aspects it is necessary that the aspects of intellectual property rights and assessment of raw material (crude drugs) used in ISM is given top priority. The impact of intellectual property-related issues like TRIPS Agreement on the status of crude drugs used in ISM has been discussed. The format proposed by the Forum of Parliamentarians on Intellectual Property Rights is given in the paper and the proposals are given by the author under each item for their adherence to solve the patenting problem of the raw material of ISM industry in the country.

 

 

Journal of Intellectual Property Rights

Vol 7 March 2002, pp 151-165

 

 

Why Biotech Patents are Patently Absurd—Scientific
Briefing on TRIPS and Related Issues

 

Mae-Wan Ho

 

The author discusses TRIPS Agreement and gives reasons for revoking and banning patenting of life forms and living processes. He further discusses about the ways of classifying patents and proprietary databases on life forms and living processes. Also covered are patents based on plagiarism and biopiracy, discoveries, transgenic processes and organisms, nuclear-transplant cloning and other in vitro reproductive techniques, stem cells isolation and culture techniques, GM constructs and vectors. He further analyses TRIPS and EU system and discusses about positive aspects of EU Directive, which strongly excludes plant and animal varieties from patenting category.

 

 

Journal of Intellectual Property Rights

Vol 7 March 2002, pp 166-179

 

How Will Patents on Business Methods
Affect E-commerce?

 

Shi-Ting Chu

 

 

The paper discusses the important role played by patents on business methods in the development of e-commerce. Monopolization of a company over the Internet with business method patents and its effect on other companies doing business on Internet is also discussed. Famous Internet business method patents and litigations from them, alternative forms of protection for Internet business methods, advantages and disadvantages of patent protection for Internet business methods, new legislations for business method patents, business method patents in Taiwan, and Internet business method patent strategies for e-commerce companies, are also discussed extensively.