Journal of Intellectual Property Rights

 

ISSN :0971-5544   

CODEN: JIPRFG

VOLUME 8

NUMBER 1

JANUARY 2003

 

 

CONTENTS

Articles

 

Issues Relating to the Patentability of Biotechnological Subject Matter in Indian Agriculture

 

9

R T Gahukar

 

 

 

Copyright Law in the Changing World

23

Tusar Kanti Saha

 

 

 

Use of Copyright by Open Source Software Movement on Computer Software and its Implications

 

32

Mahesh Madhavan

 
 
 

PCT System and Its Impact on the Developing Countries

50

Rajeev Ranjan

 

 

 

Technical Notes

 

Copyright – The Otherworldly Kind

58

Zakir Thomas

 

 

 

Use of Intellectual Property System in Developing Countries

61

 
Literature Review
 
 
 
IPR¾General

66

· IP and the organization of information production · Role of Internet in the development, management, and commercialization of IP · Valuation of knowledge assets · A new paradigm in intellectual property law? The case against open sources· Defensive publishing · epoline® electronic online filing (eOLF) · EU developments in IP, IT & telecommunications law
· Management of IPR in European biotechnology firms · Intellectual property protection of plant biotechnology inventions · Fuel cells R&D and IP
· Research on IPR of peer-to-peer networks · IP, biological diversity, and agricultural research in Australia · The independent invention defense in IP
· Infringement of IPR: causes and consequences · New media convergence: acquiring rights to existing works for the Internet under US law · IPR and foreign direct investment · How to achieve cheaper drugs for global diseases without losing research incentives?

 

 

 

Patents

71

· Automation of patent classification · Litigation and settlement in patent infringement cases · Optimal timing of procurement decisions and patent allocations · Optimal patent protection in a two-sector economy · Harmony and diversity in global patent law · Responsibility of the rule maker: comparative approaches to the patent administration reform · Strict liability and its alternatives in patent law · Is a world patent system on the way?
· Implications of machine inventors for patent Law · Efficient patent pools
· United States law of genomic and post-genomic patents · Many applications of patent analysis · Patent system in Singapore · Patent activities of Korea and Taiwan: a comparative case study of patent statistics

 

 

 

 

Copyright and Trademark

76

· Anti-circumvention rules and fair use · Internet service provider's liability for copyright infringement · Copyright protection of computer programs, computer-generated works and databases in Zimbabwe · Trademark enforcement in the People's Republic of China ·When the chips are down: law and technology can potentially prevent the circumvention of copy protection
· Digital rights management: implications for libraries · Optimal level of copyright protection · Copyleft, copyright and software IPR: is contract still king? · Technological protections in copyright law: is more legal protection needed?

 

 
IPR News

 

 
IPR News—General

 

80

· BSA awards three countries for IP protection · Database of rice germplasm
· EU moves to allow cheaper drugs

 

 

Patent News

81

· WIPO approves patent system reforms · Patent infringement risk assessment service · More patents are generated by the life sciences · EU presidency highlights need for community patent · Global patent for drug to treat infections· Business method patent application for SNP typing analysis
· CSIR figures among top 50 US patent applicants · Exclusive marketing rights for breast cancer biomarker · Terumo Corporation acquires exclusive rights · IBM joins DVD patent management group · Edinburgh patent · DNA patents · Prilosec patent battle won · MCC invests in British venture

 

 

 

Copyright and Trademark News

88

· Rise in business-software piracy · India moves to protect Darjeeling name

 

 

 

Key Patents

89

· Digital cameras for scanning text · Autocratic camera · EDTA to relieve ulcers · Injectable bone · Process for the preparation of fire resistant chemical · Improved process for the preparation of ethanol · Lactose-free milk patented · Baby ibuprofen · Process for the manufacture of non-compatible nitride carbide composite · Apparatus for maintaining steady plating current · Process for the preparation of high quality refractory grade magnesia · Method to overcome drug resistance in cancer and infectious diseases patented · Beating bacteria

 

   

 

 

 

Journal of Intellectual Property Rights

Vol. 8, January 2003, pp 9-22

 

Issues Relating to the Patentability of Biotechnological Subject Matter in Indian Agriculture

 R T Gahukar

 

In recent years, biotechnology played a major role in advancing the agricultural research in India. Likewise, the farmers’ rights and plant breeders’ rights have received attention of the policy makers, research organizations and development agencies. The recombinant DNA based technology (e.g. genetically modified crops) and trait-genetic use restriction technologies (e.g., terminator, verminator and traitor genes) have been employed as a part of biotechnology by public and private institutions and genetically modified crops are available for commercial exploitation. Considering present social, economical and ethical situation in India, more period would be necessary to avail advantages offered by the GATT/WTO agreement signed by the government although patent laws have been changed under TRIPS regime and quantitative restrictions for agricultural inputs have been removed.

 

 

 

Journal of Intellectual Property Rights

Vol. 8, January 2003, pp 23-31

 

Copyright Law in the Changing World

Tusar Kanti Saha

 

 

Paper dwells at length on evolution of copyright law and its basic principles. It examines concept of originality in the law and raises the issue on the conflict between patent and copyright protection of software.

 

 

Journal of Intellectual Property Rights

Vol. 8, January 2003, pp 32-49

 

Use of Copyright by Open Source Software Movement on Computer
Software and its Implications

Mahesh Madhavan

 

 

Open source software and the movement behind it, the Open Source Software Movement unknown to many has been in existence since long. Discussed in the article is this concept with relevance to the software industry. The US statutes on intellectual property law provide the backdrop of discussion, for this is where the movement, the organizations and the forefathers behind the fostering of the movement owe their origin. Through this article, some of the licensing schemes under open sourcing, which have turned out to be the buzzwords in the computer software industry are also brought into limelight. A look into how the movement assists in the development of the software industry and the long-term implications, the movement could pose for the copyright protection of computer software, are also considered.

 

Journal of Intellectual Property Rights

Vol. 8, January 2003, pp 50-57

 

PCT System and Its Impact on the Developing Countries

Rajeev Ranjan

 

Protection and enforcement of intellectual property rights (IPR) are major components of international economic trade and scientific cooperation, and the Patent Cooperation Treaty (PCT) has ushered an era of international cooperation in the diverse international property systems with reference to patents. The paper discusses about the benefits of the PCT system under which the filing of one international patent application leads to protection in several countries. Emergence of PCT system and its benefits, e.g. long term gains, availability of best technology, faster industrial progress and development, increase in the foreign direct investment (FDI), and raising the level of patent work in the country, are discussed in detail. The developing and the least developed countries have also benefited from the PCT and account for the majority of the 117 members. Among the developing countries, India has also gained substantially and holds the third position in international filing of patent applications and the Council of Scientific & Industrial Research (CSIR) is second to Biowindow Gene Development Inc from China. The paper also discusses briefly about the PCT reforms and automation to make the system more useful and beneficial.

 

 

Journal of Intellectual Property Rights

Vol. 8, January 2003, pp 58-60

 

Copyright—TheOtherworldly Kind

Zakir Thomas

 

 

The concept of authorship is central to copyright law. Copyright system developed to reward the human author behind creation. Citing two cases relating to literary works where authorship of the subject matter was questioned this note raises the issue of changing concept of authorship as the development of technology and modern methods of creation of cultural goods brings in new tools for creation of works.