Journal of Intellectual Property Rights

 

 

ISSN :0971-5544   

CODEN: JIPRFG

VOLUME 8

NUMBER 2

MARCH 2003

 

 

 

CONTENTS

 

Articles

 

Copyright Protection of Indirect Copying of Computer Programs: Suggestions for Indian Courts

103

Yashojit Mitra

 

 

 

IPR and Sharing of Biological Research Materials in R&D

112

K D Rao and V K Gupta

 

 

 

Commercial Transfer Agreements of New Plant Varieties and Materials Thereof

123

R K Raina

 

 

 

Intellectual Property Strategy in Bioinformatics

 130

Mary Chow and Dennis Fernandez

 

 

 

Technical Notes

 

 

 

What can Doha Development Agenda Deliver for Developing Countries ?

 138

M D Nair

 

 

 

Issues in Data Exclusivity

 142

 

 

Literature Review

 

 

 

IPR-General

 147

 

 

· Survey of international best practices in intellectual property information dissemination · Historical perspectives on IP protection for software in selected countries worldwide · Managing intellectual property · Integration of digital rights management into the Internet open trading protocol · IPR protection and endogenous economic growth · Present state and emerging scenarios of digital rights management systems · Establishing a new IPR regime in the US · Beyond blue gene: intellectual property and bioinformatics · How does intellectual property law affect the value creation process and strategies of database companies? · Role of digital rights management as a solution for market uncertainties for mobile music · IPR in nanotechnology
· Publicly detectable watermarking for intellectual property authentication
· Intellectual asset management in music and software

 

 

 

Patents

153

 

 

· Determinants of foreign patents in China · What determines patent value? Insights from the semiconductor industry · Relationship between TRIPS and the human right to health · Patents, innovation and access to new pharmaceuticals · Product of nature doctrine as barrier to biotechnology patents · IPR and the global food system · Genes and patent policy
· Independent invention defense in intellectual property · Settlement outcomes in patent litigation · International coordination of patentability of biotechnological inventions

 

 

 

Copyright and Software Protection

157

· Copyright’s harms and social costs · Cultivation and engineering of a software metrics program · Software piracy: a strategic analysis and policy instruments

 

 

 

IPR News

 

 

 

IPR News—General

159

 

 

· WIPO launches Chinese language website · EU anti-piracy law · Drop in IP infringement in toy industry · Intellectual Property Appellate Board at Chennai

 

 

 

Patent News

161

 

 

· Tightening of DNA patent rules by UK bioethics panel · The Patent rules
· Patents for microorganisms in India · Panel for shorter product patent term
· US patent tussle on Coleus forskohlii extracts · Better access to patents for mobile equipment manufacturers · Patent attorneys top Korea’s big earners list · Ribavirin patent dispute settled · Glaxo battles to defend Paxil patents

 

Copyright and Domain Name News

165

· Are country code TLDs barriers to free trade? · Dispute resolution services for .edu · WIPO arbitration and mediation centre .aero · Preventing abuse of the .eu domain · Norwegian teen acquitted in copyright case

 

 

 

Key Patents

168

· C-DoT gets first patent outside India · US patent for a compound extracted from jamun · JRC disease detection technique patented · An improved process for the preparation of caprolactum · Method for producing atta patented
· Biodegradable coating · Methods of identifying a plant containing a lesion in a gene sequence· Allergen-containing milk developed · Antibodies having binding specificity for an antigen patented · K97-0003 peptide patented · New method to grow skin stem cells · DNA amplification technology · AEM surgical instruments technology patented

 

 

 

 

Journal of Intellectual Property Rights

 Vol 8, March 2003, pp 103-111

 

Copyright Protection of Indirect Copying of Computer Programs: Suggestions for Indian Courts

Yashojit Mitra

 

 

With the growth of the software industry in India, the legal protection to be afforded to computer programs is a specific subject of copyright protection under the Copyright Act, 1957. Since the courts in India have till date never dealt with the question of copyright infringement of computer programs, this paper considers the various tests laid down by the foreign courts when considering such issues and discusses the pros and cons of each such test. This paper also brings to the fore the inapplicability of certain tests for determining copyright infringement of literary works formulated by the Indian courts to the area of computer programs, mainly because of the highly technical nature of such works and suggests methods and considerations which the courts should keep in mind when faced with questions of copyright infringement of computer programs.

 
 
 

Journal of Intellectual Property Rights

Vol 8, March 2003, pp 112-122

 

IPR and Sharing of Biological Research Materials in R&D

M K D Rao and V K Gupta

 

The paper raises the issues on sharing of biological research materials in R&D work, with reference to protection of intellectual property rights (IPR). Outlines the rights and requirements of the ‘provider’ and ‘recipient’ while sharing biological research materials. Reviews the international practices and status in India, related to exchange of biological materials. Suggests the principles for sharing of biological research materials, as a precursor to a legal instrument for the protection of IPR, in the Indian context.

 

 

 

Journal of Intellectual Property Rights

Vol. 8, March 2003, pp 123-129

 

 

Commercial Transfer Agreements of New Plant Varieties and Materials Thereof

R K Raina

 

The Protection of Plant Varieties and Farmers’ Rights Act 2001 of India has been aptly put in place. It takes care of new as well as extant plant varieties. It benefits equally the farmer as also the researcher. Keeping in view its manpower and infrastructure strength in plant research, it is strongly believed that in India in very near future new and improved plant varieties will be developed and legally protected. In case these varieties are really good and find research and/or commercial advantage over the similar varieties existing in the market, need may arise to transfer these varieties from laboratories to the land of their end users, may it be of a researcher or a progressive farmer. To transfer such varieties to generate business and yet retain the rights over the protected varieties, there is a need to sign a plant or material transfer agreement by the inventors of these new plant varieties with their customers. To facilitate negotiation of such agreements, author describes some of the essential clauses that need to be included in such licence agreements.

 

Journal of Intellectual Property Rights

Vol 8, March 2003, pp 130-137

 

Intellectual Property Strategy in Bioinformatics

Mary Chow and Dennis Fernandez

 

 

Intellectual property rights are essential in today’s technology-driven age. A strong intellectual property protection strategy is crucial in the bioinformatic space as monetary and temporal resources are tremendous in finding a blockbuster drug or gene therapy. Current problems and intellectual property practice in the genomic space are presented and analysed. Various strategy and solutions are proposed to guide bioinformatic companies in forming an aggressive strategy to protect one’s intellectual property and competitive positioning.

 

 

 

 Journal of Intellectual Property Rights

Vol 8, March 2003, pp 138-141

 

 

What Can Doha Development Agenda Deliver for Developing Countries?

M D Nair

 

The note summarizes some of the major achievements of Doha Declaration. Contentious issues of Declaration on TRIPS and Public Health are described in detail.Briefly touching upon the Mini- Ministerial summit at Sydney, it identifies several issues, which need to be discussed and meaningful solutions found before the next Inter Ministerial Meeting in Mexico in 2003.