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Journal of Intellectual Property Rights

 

ISSN : 0971-5544

 

CODEN: JIPRFG 9(4) 307-408 (2004)

VOLUME 9

NUMBER 4

JULY 2004

 

CONTENTS

Articles

 

Digital Rights Management: An Integrated Secure Digital Content Distribution Technology

 

313

P Ghatak, R C Tripathi, A K Chakravarti

 

 

 

Research Exemptions in Patent Law

332

Kalyan Chakravarthy and Nandan Pendsey

 

 

 

System Perspective for IPR Protection in the Plant Kingdom

342

Sudhir Kochhar

 

 

 

Neighbouring Rights Protection in India

356

Sanjay Pandey

 

 

 

Technical Notes

 

 

 

Product Patents

371

 

 

Literature Review

 

 

IPR¾General

377

 

 

· TRIPS Agreement and public health · New framework for intellectual property rights · New companies to commercialize intellectual property from university research · Information for corporate IP management · Intellectual property rights, environmental regulations, and foreign direct investment · Registered GIs: intellectual property, agricultural policy and international trade · Intellectual property protection for plant varieties issues in focus · Does the compulsory licensing of pharmaceuticals hurt innovation? · Compulsory licensing of technology and the essential facilities doctrine · Performance analysis and error exponents of asymmetric watermarking systems · TRIPS and food security · Role-based viewing envelops for information protection in collaborative modeling · Legal perspectives on traditional knowledge · Expansionist intellectual property protection and reductionist competition rules · International intellectual property law and the public domain of science · Intellectual property rights and dispute settlement in the world trade organization

 

 

 

Patents

382

· Formulation for patenting content-based retrieval processes in digital libraries · Patenting biotechnology · How do patents and economic policies affect access to essential medicines in developing countries? · Adoption of green chemistry: an analysis based on US patents · The patentability and protection of living organisms in the European Union · Protecting methods for treatment related to regenerative medicine and gene therapy in Japan · The prevalence of patent interferences in gene technology · Patents as surrogates for inimitable and non-substitutable resources · Issues posed by a world patent system · Do stronger patents induce more local innovation?
· Explaining the propensity to patent computer software

 

 

 

Copyright and Trademarks

386

· A copyright strategy for your business: important lessons from the music industry · The use of copy-protection technology in seeds · Data security in life sciences research · Burn Berne: why the leading international copyright convention must be repealed? · The usability of open source software · Digital media protection in cyberspace · India: ‘Free software’ – Myth or reality!!

 

 

 

IPR News

 

 

IPR News—General

389

 

 

· India put on US IPR priority watch list

 

 

Patent News

390

· Most frequent PCT users in 2003 · Patent quality questioned at EPO · Patent for breast-cancer gene revoked · Monsanto wins seed patent battle
· Microsoft wins patent for handheld computer click · India's Orchid enters the US generic market · Microsoft to start licensing patents · Taiwan's CPT to counter sue LG Philips for patent infringement · Indian techies ride the patent wave

 

 

Copyright and Trademark News

396

· WIPO to update protection of broadcasters’ rights · New online database on protected emblems · Kos obtains settlement from Andrx for trademark infringement of Advicor

 

 

 

Key Patents

399

· Voice data packets · Voice authentication and personal queries device · MRAM chips-memory booster · 3-D tracking for lung surgery · Untangling carbon nanotubes · Method and device for detecting watermark in digital data · Morepen Labs gets world patent · Tea extract

 

Author Index
   
Keyword Index

 

 

 

Journal of Intellectual Property Rights

 Vol 9, July 2004, pp 313-331

 

 

Digital Rights Management: An Integrated Secure Digital Content Distribution Technology

P Ghatak, R C Tripathi, A K Chakravarti

 

The ability to distribute copyrighted works in digital form through high capacity prerecorded disks (CD ROMs, DVDs etc.) and Internet-enabled transmissions have brought new challenges to the protections of such content from unauthorized copying and use. Technological advancements in this regard are reviewed. Despite the ease with which digital content owners can now transfer data, images, music, video and multimedia documents across the Internet, current technology does not let them protect their rights to the works, which has resulted into widespread music and video piracy. In fact, although the Internet permits widespread dissemination of digital content, the easy-to-copy nature of digital data limits content owners’ willingness to distribute their documents electronically. Digital Rights Management (DRM) technology is a key enabler for the distribution of digital content. DRM refers to protecting ownership/copyright of electronic content by restricting the extent of usage an authorized recipient is allowed in regard to that content. DRM technology has historically been viewed as the methodology for the protection of digital media copyrights. But DRM technology products can be leveraged to address much larger issues, including the control of rights and usage permissions of content and digital information. DRM presents the opportunity to package, price, distribute and sell content in many new ways that have never been possible before. The paper discusses about the digital medium, digital watermarking, copy protection techniques (CPT), important legal developments and issues, court cases, DRM applications, DRM technology overviews, and DRM enabling technologies and standardization. It also discusses about the initiative taken by the Department of Information Technology for a watermarking project.

 

Keywords: Digital medium, digital watermarking, copy protection techniques, information and
communication technology

 

 

 

 

Journal of Intellectual Property Rights

 Vol 9, July 2004, pp 332-341

 

Research Exemptions in Patent Law

Kalyan Chakravarthy and Nandan Pendsey

 

Providing exemptions from infringement for research on patents is equally important as granting exclusive rights to inventors. Both play a crucial role in encouraging the progress of science and technology. While exclusivity in patent rights encourages invention and innovation by providing economic incentives, exemptions for research encourage innovative improvement, testing and use of patented inventions. Research exemptions boost competitive spirit and promote further development in targeted fields of technology. In order to achieve efficient progress in science and technology, a proper balance must be struck between the patentee's rights and the exemptions granted for research. Various countries have been struggling to draw a line that defines the proper balance. The US allows a very narrow exemption for research that is limited to philosophical use and idle curiosity, but a much wider exemption is available under Indian patent law. In both USA and India, generic drug companies enjoy an exemption for research in order to develop information for drug approval, but the scope of exemption varies distinctly. This paper comparatively describes the patent law on research exemptions in India and USA with an intent to point out the differences and to suggest an ideal law that would properly balance the interests of research and exclusivity in order to achieve optimum progress in science and technology.

 

Keywords: Research exemptions, patent law, drug approval, patented invention, philosophical use, idle curiosity, research and experiment

 

 

 

Journal of Intellectuual Property Rights

 Vol 9, July 2004, pp 342-355

 

System Perspective for IPR Protection
in The Plant Kingdom

Sudhir Kochhar†

 

Increasing degree of human intervention and innovativeness in the plant kingdom in the course of evolution and development has led to enhanced economic relevance of the agriculture sector. Whereas the conventional agricultural practices based on the traditional knowledge of local farming and tribal communities continue to provide potential genetic resources to develop and improve plant varieties, the commercial agriculture is valued for its scientific and industrial approaches. In pursuit for development, intellectual property investments in agricultural research may have conspicuous relationship and striking balance with the utilization of genetic resources. Developing countries have been advocating for over two decades to allow the equitable benefit sharing to be treated at par with the application of IPR. Concerns for IPR and benefit sharing are addressed by the TRIPS Agreement and the CBD whereas UPOV provides standards and guidelines for the IP protection of plant varieties. India has opted for a sui generis plant variety protection (PVP) system and patent protection is available for other fields of agricultural technology. The PVP allows research and breeding exemption of the protected varieties. The sui generis system recognizes deemed prior rights of local communities and farmers on the genetic resources and provides compensation on equitable basis. The Indian patent system too recognizes the need for disclosure of the source of genetic resources used and the traditional knowledge associated with such use, if any. In a system perspective, this paper attempts to highlight points of convergence and divergence of IPR and benefit sharing related provisions, issues and concerns in relation to plant kingdom.

 

Keywords: IPR, TRIPS Agreement, CBD, UPOV, sui generis, PVP system, patent, PPVFR Act

 

 

 

Journal of Intellectual Property Rights

 Vol 9, July 2004, pp 356-370

 

Neighbouring Rights Protection in India

Sanjay Pandey

 

It is not possible to segregate copyright and neighbouring rights so as to provide a separate legal regime for protection of neighboring rights. International developments in this area of intellectual property have created so much trade interest that World Intellectual Property Organization (WIPO), and World Trade Organization (WTO) stand together on the issues of protection and compel the member-countries to bring their domestic laws in conformity with international commitment that facilitates trade. This shows that neighbouring rights have acquired a status, from which no relegation is possible now, what is left is to move further and devise stringent legal regime to strengthen these intermediary rights. Both the treaties, WCT and WPPT, particularly deal with the use of copyright protected works, performances and sound recordings in digital networks, such as the Internet. Authors, performers and phonogram (i.e. record) producers are granted a broadly worded exclusive right of communication to the public, covering interactive services and delivery on demand. Still a lot needs to be done to cope up with the developing aspects of neighbouring rights. The world looks ahead to WIPO webcasting treaty in order to see a bright dawn of the neighbouring rights protection regime. In this paper, an attempt has been made to highlight and identify protection regime for the neighbouring rights under the Copyright Act, 1957, in India. The paper also explains the concept of neighbouring rights, its Indian context and the protection regime, loopholes and remedies.

 

Keywords: Webcasting, performers’ rights, neighbouring rights, legal regime, trade perspective

 

 

 

AUTHOR INDEX

 

Chakravarthy Kalyan

332

Chakravarti A K

313

Ghatak P

313

Kochhar Sudhir

342

Pandey Sanjay

356

Pendsey Nandan

332

Tripathi R C

313

 

 

 

KEYWORD INDEX

 

Biotechnology

383

Intellectual property rights

377

Protected emblems

397

Broadcasters’ rights

396

International copyright convention

387

Public domain

382

 

 

IP management

378

Public health

377

Carbon nanotubes

401

IPR priority watch list

389

PVP system

342

CBD

342

IPR

342

 

 

Compulsory licensing

379

Legal regime

356

Registered GIs

378

Copy protection techniques

313

 

 

Research and experiment

332

 

 

Neighbouring rights

356

Research exemptions

332

Data security

387

 

 

 

 

Developing countries

383

Online database

397

Sui generis

342

Digital libraries

382

Open source software

388

 

 

Digital medium

313

Patent battle

392

Trade perspective

356
Digital watermarking

313

Patent infringement

395

Trademark infringement

399

Dispute settlement

382

Patent interferences

385

Traditional knowledge

381
Drug approval

332

Patent law

332

TRIPS Agreement

342, 377

 

 

Patent

342

TRIPS compliant patent system

371

Foreign direct investment

378

Patented invention

332

 

 

Free software

388

Performers’ rights

356

UPOV

342

 

 

Pharmaceutical industry

371

 

 

Green chemistry

383

Philosophical use

332

Watermarking systems

379
 

 

Plant varieties

378

Webcasting

356
Idle curiosity

332

PPVFR Act

342

World patent

385

Information and communication technology

313

Product patent

371