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Journal of Intellectual Property Rights

 

ISSN : 0971-5544   

CODEN: JIPRFG

VOLUME 8

NUMBER 3

MAY 2003

 

 

CONTENTS

Articles

 

Liability Limits of Service Providers for Copyright Infringement

181

Farooq Ahmad

 

 

 

Justifying the ‘Back-Step’: Establishing the Foothold of Reverse Engineering within the Indigenous Ethical Parameters of Software Copyright

191

Saptarishi Bandopadhyay

 

 

 

Analysis of US Patents Granted to Indian Inventors

205

K Guruprasad, P Kanagavel, K Srikanth, K Radhika and S Sonal

 

 

 

India Needs an Idea Bank to Lead the World in Intellectual Property Protection

213

J David Livingston 

 

 

 

Technical Notes

 

 

 

The Doctrine of Likelihood of Confusion: An Analysis of the Case of In re Majestic Distilling Company Inc, U S A

222

S Rama Rao

 

 

 

IPR Issues of Montreal Protocol

228

 

 

Literature Review

 

 

 

IPR―General

231

 

 

· IPR and traditional medicine: policy dilemmas at the interface · Does IPR regulation restrict research and development into new food crops? · TRIPS and copyright provisions—some issues with special reference to developing countries · If developing countries increase IP protection will global innovation and technology transfer increase or decrease? · Evaluation of the African regional IPR systems · Bottom-up versus top-down policies towards the commercialization of university intellectual property · Legitimacy and the TRIPS Agreement · Systems of protection for geographical indications of origin—a review of the Indian regulatory framework · Is India's PVP legislation leading to the under-utilization of genetic resources? · Developing countries and international intellectual property standard setting · Strategic alliances: a valuable way to manage intellectual capital?   · Systematic linking of intellectual capital and knowledge management

· Anticompetitive settlement of intellectual property disputes · Community, farmers' and breeders' rights in Africa · IPR and access to agbiotech by developing countries · IPR protection applied to electronic commerce and multimedia · Agricultural biotechnology innovations versus intellectual property rights—are developing countries at the mercy of multinationals? · Can traditional knowledge be considered prior art?

 

 

 

Patents

238

 

 

· Balancing trade in patents · International standard of protection for test data submitted to authorities to obtain marketing authorization for drugs · Sharing the benefits of biodiversity—is there a role for the patent system? · Strategic determinants of decisions not to settle patent litigation · Patents and human genome research in developing countries—problems and proposals

 

 

 

Copyright, Trademarks, and Domain Names

241

 

 

· A guide tour of video watermarking · Domain names and trademarks—a study of cyberspace regulation in China · Online discussion on web copyright issues and the education sector

 

 

 

IPR News

 

 

 

IPR News―General

243

 

 

· WHO to decide on drugs access · WTO proposal on drugs

 

 

 

Patent News

244

· Increase in PCT applications in developing countries · US patents granted to CSIR · Community patent agreement · More royalty income for IIT-M · Nokia and Huawei patent cross-license for 3G mobile · DRL files lawsuit against Pfizer · Basic science in US universities can infringe patents · Glaxo loses patent case on top drug Paxil · Patent case for cholesterol drug

· Cloning patent dispute won · Sony must pay royalties for digital camera technology · Peer-to-Peer gaming patent · Stem cell patents ·  Licence agreement for gene patents

 

 

 

Copyright and Trademark News

252

 

 

·Lexmark printer cartridge copyright case · MBPL vs PPL copyright case · Veda, Ayurveda registered as trademarks in Germany · Copyright protection

 

 

 

Key Patents

256

 

 

· Smart cheque patented in over 100 countries · Enzymotec gets patent for AMIET · Process patent for Desloratadine · Method for inserting RNA patented · Chinese patent for text messaging · Method for treating or preventing the early stages of degeneration of articular cartilage patented · Improved rechargeable battery · Artificial chromosome technology patented ·US patent for DHS and Factor 5A genes in plants · Encrypted paper documents · Floating cellphone

 

 

 

 

 

Journal of Intellectual Property Rights

Vol. 8, May 2003, pp. 181-190

 

 

Liability Limits of Service Providers for Copyright Infringement

Farooq Ahmad

 

One of the contentious issues associated with the online industry is the liability of service providers for transmitting content created by others. Explaining the role of service providers in making copyrighted work available to end users, the paper describes the basis of liability, judicial trends in resolving the issues of liability, and treatment of liability issues in WIPO Internet treaties. As a model law, the Online Copyright Infringement Liability Limitation Act (OCILLA) is discussed in detail. Indian scenario is also discussed briefly. Points out the need for a clear and well-defined liability standards for service providers.

 

 

 

Journal of Intellectual Property Rights

Vol 8, May 2003, pp 191-204

 

 

Justifying the ‘Back-Step’: Establishing the Foothold of
Reverse Engineering within the Indigenous Ethical
Parameters of Software Copyright

Saptarishi Bandopadhyay

 

 

This paper discusses the subject of reverse engineering in the light of the ethics that surround the realm of utilization of copyrighted material with specified focus on software copyright. It is the contention of the author that an ethical perspective with respect to reverse engineering must stem from the basis of all intellectual property jurisprudence and not a mere ‘market oriented’ interpretation. The paper, thus utilizes both Indian and international legal sources to trace out the growing acceptance of reverse engineering as a viable tool for research and development in the sphere of computer software. It draws specific reference to the Indian copyright law and how its restrictive approach towards reverse engineering of software is a hindrance to the technological development of the nation, inasmuch as it may attempt at statutory protectionism. Author concludes that reverse engineering is essential to the development of intellectual property and it is the restrictions placed upon it, which are unethical.

 

 

 

Journal of Intellectual Property Rights

Vol 8, May 2003, pp 205-212

 

 

Analysis of US Patents Granted to Indian Inventors

K Guruprasad, P Kanagavel, K Srikanth, K Radhika and S Sonal

 

An analysis 1,566 US patents granted to Indian inventors, which are available in the US Patent and Trademark Office (USPTO) database indicates a steady rise in the patenting activity during the last eight years. About 39% patents are of a collaborative nature. Majority of the patents are in chemistry and metallurgy. Out of the 42 Indian patent assignees, the Council of Scientific & Industrial Research (CSIR) is the major contributor to the US patents.

 

 

 

Journal of Intellectual Property Rights

Vol. 8, May 2003, pp. 213-221

 

India Needs an Idea Bank to Lead the World in Intellectual Property Protection

J David Livingston 

 

This paper is an effort to explain the need for a system to protect human ideas related to different walks of life in its conceptual stage. At present, there is no effective system available to protect such ideas. Patent system is protecting the proven and workable ideas. Since today’s R&D is market driven, innovative ideas that may revolutionize the market, needs to be protected. The proposed idea bank is a concept to protect the ideas of different nature. In the idea bank, each idea will be properly recorded with an identification number and the priority date under proper classification. In future, any of this protected idea can be tested and commercialized by anyone, anywhere in the world, giving an opportunity to the ‘ideator’ (idea generator) to claim the due share from the users of his/her idea. Thus, a new platform for the protection of human knowledge base must be created in association with the international agencies like WIPO, PCT and WTO. By utilizing the information technology and the Internet any person would be able to access the information from anywhere in the world.

 

 

 

Journal of Intellectual Property Rights

Vol 8, May 2003, pp 222-227

 

 

The Doctrine of Likelihood of Confusion: An Analysis of the Case of In re Majestic Distilling Company Inc, USA

S Rama Rao*

 

In 1995, Majestic Distilling Co Inc, filed an application for registration of the mark RED BULL for tequila. However, the Court refused the registration of mark because the registration presented a likelihood of confusion with the mark RED BULL for malt liquor. This discussion examines the contribution of above decision of the Court on the US trademark law. It points out the likely significant contribution of the decision to the perfunctory understanding of trade issues.