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Journal of Intellectual Property Rights

 

 

VOLUME 8

NUMBER 5

SEPTEMBER 2003

 

 

CONTENTS

Articles

 

Moral Rights in Developing Countries: The Example of India – Part I

357

Mira T Sundara Rajan

 

 

 

Ambush Marketing – The Problem and The Projected Solutions vis- a -vis Intellectual Property Law –A Global Perspective

 375

Sudipta Bhattacharjee

 

 

Microbial Biopiracy in India: How to Fight Back?

389

Sabuj Kumar Chaudhuri

 

 

 

IPRs and Biological Resources: Implications for Developing Countries

400

Cecilia Oh

 

 

 

Technical Notes

 

IPR Issues of Biotechnology

414

 

 

Literature Review

 

 

IPR―General

418

· IPR and traditional medicine · Protecting IPR in SELEX and aptamers
· Dominating global IP: Overview of patentability in the USA, Europe and Japan · Recent developments with IPR protection for biotechnological inventions - A reflection on Spain · Innovations and IP: The case of genomic patenting · Capacity building for management of IPR · Can traditional knowledge fit into IPR regimes? · The economics of intellectual property at universities · IPR, internalization, and technology transfer · The TRIPS Agreement as an alliance for knowledge production—the funding of pharmaceutical innovation · Regulating scientific research: IPR and the norms of science

 

Patents

422

· Patents, price controls, and pharmaceuticals—considerations from political economy · Free patent information as a resource for policy analysis · Patinformatics: Tasks to tools · Patent issues and future trends in drug development · Patent information for strategic technology management
· The art of using secondary patents to improve protection · Submarine telegraph cables, patents and electromagnetic field theory · Patentability and maximum protection of IP in proteomics and genomics

 

 

 

Copyright and Trademarks

 

425

· Assessing the economic effects of copyright and its reform · A comparative study of moral rights protection in the United States and Japan · SDMI-based rights management systems · Community, joining, and specialization in open source software innovation: a case study

 

 

 

IPR News

 

IPR News―General

 

428

· India not to commit itself on TRIPS Argeement

 

Patent News

428

· Patent Act changes to take care of public health issues · Microsoft to pay fine for patently illegal operation · Patent for a method to ‘live’ fingerprints · HC protects infringement of Philips IPR · E-commerce patent fought
· ROK files for Java patent · Three biotech firms sue Columbia University over gene-splicing patent · US initiative boosts access to plant patents
· AND granted patent on their unique data integration technology · Paxil sales soar despite dispute · 6-Sigma patent data quality standards

 

 

 

Key Patents

435

·Poppy plant gets US patent · Process for the preparation of novel cyclosporin composition · Antenna splitter technology patented · Airbag vest · Clay hair dye · Motorbike mobiles · Defacing digital downloads
· New chewing gum · Digital film doubles view

 

 

 

 

Journal of Intellectual Property Rights

Vol 8, September 2003, pp 357-374

 

 

Moral Rights in Developing Countries:
The Example of India – Part I

Mira T Sundara Rajan

 

 

The “moral right” is an aspect of a copyright law that seeks to protect the non-commercial, personal, or spiritual interests of an author in his work. This paper argues that moral rights can make an important contribution to culture in developing countries. In particular, moral rights provide a counterweight to the increasingly commercial orientation of the international copyright system under the TRIPS Agreement, which may ultimately prove to be damaging to development and culture. The paper considers the innovative treatment of moral rights by Indian legislators and judges as an example of how the cultural potential of these rights may be realized, and attempts a critical assessment of the current Indian trend towards a more restrictive treatment of these rights. It is in two parts. Part I covers copyright policy in India, traditional approaches to moral rights in India and moral rights in Indian Copyright Act. The Part II, to be published in the next issue, will deal with judicial development and interpretation of moral rights, moral rights and development and future of moral rights in India.

 

 

 

Journal of Intellectual Property Rights

Vol 8, September 2003, pp 375-388

 

Ambush Marketing-The Problem and the Projected Solutions vis-a-vis Intellectual Property Law-A Global Perspective

Sudipta Bhattacharjee

 

 

The problem of ambush marketing has been plaguing the organizers of various sporting and other events for the last four to five years. Due to the enormous financial losses caused by ambush marketing, the sponsors have been reconsidering the decisions to shell out astronomical sums for sponsoring various events. This paper analyses in great detail the concept of ambush marketing to its genesis, the various famous incidents of ambush marketing and the consequential losses and evaluates the existing intellectual property regime in combating this menace. It also analyses the various sui generis legislations framed by countries like South Africa and Australia to combat ambush marketing and tries to cull out a suitable anti-ambush marketing legislative policy for the Indian scenario.

 

 

 

Journal of Intellectual Property Rights

Vol 8, September 2003, pp 389-399

 

Microbial Biopiracy in India: How to Fight Back?

Sabuj Kumar Chaudhuri

 

 

Some multinational pharmaceutical companies and other interested groups have unethically accessed rich microbial resources of India to obtain patents on them. Recently, the Patents (Amendment) Act, 2002 of India has included microorganism as a patentable invention in compliance with the TRIPS Agreement. The paper highlights the phenomenon of microbial biopiracy in India given the current scenario. Certain examples of piracy of various microorganisms from India by a few multinational pharmaceutical companies have been discussed which tries to prove the extent of activities of these companies. India will have to fight back this piracy of microbes immediately after meeting the international obligations. For standing up to this phenomenon, some sensible and systematic steps have been suggested. Prevention of biopiracy of microorganisms should be people’s movement concerted with community, researchers, governmental agencies, NGOs, rather than haphazard initiatives.  

 

Journal of Intellectual Property Rights

Vol 8, September 2003, pp 400-413

 

IPRs and Biological Resources: Implications for Developing Countries

Cecilia Oh

 

 

As developing countries formulate their policy and legal responses to address the implications of biotechnology and the need for biosafety, the regulation of access to genetic resources to ensure benefit sharing, and the implementation of the TRIPS Agreement, they are faced with the question: should they allow for the grant of intellectual property rights over biological resources? This paper suggests that on the question of whether or not to allow IPRs over biological resources should be drawn from two perspectives; one, the international level, taking into account the developments relating to the TRIPS Agreement at the WTO; and two, the national level, taking into account the domestic situation and needs. A two-prong strategy has been suggested. International cooperation and initiatives will be required to strengthen the monitoring of biopiracy and to establish international mechanisms to ensure equitable sharing of benefits from the use of biological and genetic resources. Challenging biopiracy-based patent claims will also be an important component of international level measures. However, these measures must be complemented by measures at the national level to ensure the recognition and protection of traditional or community knowledge.