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Journal of Intellectual Property Rights

 

ISSN : 0971-5544

CODEN: JIPRFG 9(2) 95-198 (2004)

VOLUME 9

NUMBER 2

MARCH 2004

 

 

CONTENTS

Articles

 

 

 

Geographical Indications under TRIPS Agreement and Legal Framework in India: Part II

 

105

Suresh C Srivastava

 

 

 

Celebrity Rights as a Form of Merchandise—Protection under the Intellectual Property Regime

 

120

T Vidya Kumari

 

 

 

Passing Off in Internet Domain Names—A Legal Analysis

136

Sunando Mukherjee

 

 

 

Copyrightability of Characters

148

Sourav Kanti De Biswas

 

 

 

Technical Notes

 

 

 

Towards Global Patent System

157

 

 

Literature Review

 

 

 

IPR¾General

 · IPR protection and location of R&D by multinational enterprises · Intellectual property management · Composition of foreign direct investment and protection of IPR · Regulating access and use of genetic resources: intellectual property law and biodiscovery · Bioprospecting or biopiracy? — Intellectual property and traditional knowledge in biotechnology innovation · The WTO deal on cheap drugs—A critique · Intellectual property and public research in biotechnology: the scientists’ opinion · Assessing lead-free intellectual property · In defense of geographic disparity · Introduction of new vaccines into developing countries III, the role of intellectual property

161

 

 

Patents

165

· Royalties, evolving patent rights, and the value of innovation · China traditional Chinese medicine (TCM) patent database · Publications and patents in nanotechnology · Science cited in patents · Large firms and the science-technology interface patents, patent citations, and scientific output of multinational corporations in thin films · Patents cited in the scientific literature

 

 

Copyright and Trademarks

167

· Governing copyright in cyberspace · Computer programming and the automation of invention· Unfair competition & related laws · Protection of geographical indications in India · Trademarks or trade barriers? Indigenous knowledge and the flaws in the global IPR system

 

IPR News

 

 

IPR News—General

 

170

· WIPO member states take steps to ease use of intellectual property information · Patent office launches IP awareness scheme · Pharmaceuticals/ commission want to ease parallel importing for medicines · IDMA asks government to use compulsory license provision

 

 

 

Patent News

· International patent filings exceed 110,000 · WIPO launches electronic filing of international patent applications · Clearer patent law provisions required to benefit from WTO regime · New numbers for WO documents · Chinese intellectual property office to accept electronic applications · IGIB files patent for novel approach in TB therapy · Annual list of top 10 organizations receiving most US patents released · USPTO releases list of top 10 universities receiving most patents · Pharma cos ask for patent protection
· Indian techie is US's patent raja · Japan looks to utility models to cut patent backlog · Indian bags 100 patents at Xerox · Patent infringement · Company sues HMV in patent litigation case · Expertise in patents boosts technology company's funds by millions · Ex-Hitachi worker wins 163 million in patent dispute · Shanghai patent office sees 12% rise · Blockbuster drugs with expiring patents gain new hope · Nizza Group awarded patent for covering use of identical URL and E-Mail addresses · Amended provisions of the patent law · Unparalleled patent analysis solution through integration of Delphion and Derwent analytics

174

 

 

Copyright and Trademark News

· Korean companies not shy about using pirated software · Indian Supreme Court strengthens IP rights · Multilingual domain disputes expected to rise

188

 

 

Key Patents

· Green light for new plant technology · Antimicrobial nanoemulsion technology patented · Biodegradable polymers · Memory device and encryption/decryption method patented · Charity gets breast cancer gene patent · Optical silicon patented · Biotech company gets new patent · US firm bags patent on arhar extracts · Patent on chapati making wheat · An improved process for the isolation of bergenin from the Bergenia sp. · An improved process for production of dihydronimbolide from the leaves of Azadirachta indica · A process for preparation of modified wheat flour

190

 

 

Book Review

195

Author Index
Keyword Index

 

 

Journal of Intellectual Property Rights

Vol 9, March 2004, pp 105-119

  

Geographical Indications under TRIPS Agreement and Legal Framework in India: Part II

 Suresh C Srivastava

 

Part I of the paper, which appeared in the previous issue of this journal, dealt with the basic issues of protection of geographical indications relating to TRIPS Agreement. This paper examines the concept of geographical indications and the law governing passing off and its application as developed and applied by Indian courts. This paper also explains the statutory concept of geographical indications, goods and indications as defined in the Geographical Indications of Goods (Registration and Protection) Act, 1999 and gives a detailed account of legislative protection of geographical indications in India.

 

Keyword: Geographical indication, TRIPS Agreement, Passing-off, Legislative protection, Trademark

 

 

 

Journal of Intellectual Property Rights

Vol 9, March 2004, pp 120-135

 

Celebrity Rights as a Form of Merchandise – Protection under the Intellectual Property Regime

 T Vidya Kumari

 

Celebrity rights have gained great significance in the recent past. Earlier the celebrities were not permitted to flaunt their popularity and in fact they were not permitted to seek any economic benefit from the name and fame that they have acquired. In an earlier case of Tolley vs Fry, which relates to the use of a picture of a popular golf player to advertise Cadbury chocolates, it was observed that celebrities are not permitted to sell their fame and if they resort to such activities, they will be expelled from reputed clubs. Today, the celebrities claim paradoxical rights—the right of privacy and the right of publicity. These rights are examined in this paper as they form an individual class of intellectual property rights. The paper ends with a question whether the celebrities deserve exclusive rights when they have submitted themselves to the public and seek public patronage and thrive on the public applause.

 

Keywords: Celebrity rights, Economic rights, Dignitary rights, Human dignity, Publicity rights, Privacy rights, Personality rights

 

 

 

Journal of Intellectual Property Rights

Vol 9, March 2004, pp 136-147

 

Passing Off in Internet Domain Names—A Legal Analysis

Sunando Mukherjee

 

Internet today has revolutionized the world of communication; it has brought the whole world at the click of the mouse. It has removed all the trade barriers and has transformed the world into a small village. But as there is a growth in the Net subsequently a rise in interaction between more and more number of people, so arises a dispute with the interface, viz. the Internet. The growth of web sites has also given rise to a new area of disputes- domain name disputes. This article has tried to analyse the position of law (before the notification of the Trade Marks Act, 1999) governing such a tort in other countries in comparison to India, and also such other international bodies, which have tried to allay the fears of genuine users, and bring them respite.

 

Keywords: Passing off, Internet domain names, Domain name disputes, Trademark law, Infringement, Cyber squatting

 

 

 

Journal of Intellectual Property Rights

Vol 9, March 2004, pp 148-156

 

Copyrightability of Characters

 Sourav Kanti De Biswas

 

The paper is based on the intellectual property law protection that could be granted to graphic and fictional characters that are part of our daily lives. Special focus is made on the copyrightability aspect of intellectual property protection. The judgments of various courts have been dealt with in detail to determine the attitude of the courts with regard to this kind of protection. This has been essential because there are no express provisions in the law, which could grant copyright protection to characters. The courts have not been hesitant to grant copyright protection to graphic characters, but when it comes to fictional characters, the courts used various tests developed over the ages, to determine whether a character is well delineated or not. If the character is found to be extremely well-developed, unique and has a personality different from other characters, only then is a copyright protection granted to such a fictional character.

 

Keywords: Intellectual property law protection, Copyrightability, Graphic characters, Fictional characters

 

 

 

Author Index

 

Biswas Sourav Kanti De

148

Kumari T Vidya

120

Mukherjee Sunando

136

Srivastava Suresh C

105

 

 

Keyword Index

 

Artherosclerotic cardiovascular disease

193

Geographical indications

105,169

Patent expiration

186

 

 

Global patent system

157

Patent infringement

183

Bibliographic citation

166

Graphic characters

148

Patent Law Treaty

157

Biodegradable polymers

191

 

 

Patent litigation

183

Biodiscovery

162

Human dignity

120

Patent rights

164

Biopiracy

164

 

 

Personality rights

120

Bioprospecting

162

Industrial designs

170

Photoreceptor

182

Biotechnology innovation

162

Information technology

166

Pigeon pea extracts

193

Brand names

189

Infringement

136

Pirated software

188

 

 

Intellectual property

162

Plant gene

190

Cancer gene

192

Intellectual property law

162

Plant technology

189

Celebrity rights

120

Intellectual property law protection

148

Polymeric materials

191

Compulsory licence

173

Intellectual property management

161

Prior art

164

Computer programming

168

Intellectual property rights protection

161

Privacy rights

120

Copyright infringement

189

Intellectual repository

184

Publicity rights

120

Copyright protections

168

International patent filings

174

R&D investment

161

Copyrightability

148

Internet domain names

136

 

 

Cyber squatting

136

IP awareness

171

Software patent

168

Cyberspace

167

IP disputes

189

 

 

 

 

 

 

TB therapy

178

Data extract format

187

Lead-free alloy patents

163

Toner technology

182

Decryption method

191

Legislative protection

105

Trade barriers

169

Developing countries

164

Lisbon Agreement

169

Trademark law

136

Digitally transmitted materials

167

 

 

Traditional knowledge

162

Dignitary rights

120

Memory device

191

TRIPS Agreement

105, 157

Doha Declaration

162

Modified wheat flour

194

 

 

Domain name disputes

136

 

 

Unfair competition

168

 

 

Nanotechnology

166

Utility models

181

Economic rights

120

Non-patentable items

176

Utility patents

179

Electronic filing

175

Optical disk

192

 

 

Encryption

191

Optical silicon

192

Value of innovation

165

Exclusive marketing rights

173

 

 

 

 

 

 

Parallel imports

172

WIPO member states

170

Fictional characters

148

Passing off

105,136

WO documents

177

Foreign direct investment

161

Patent analysis software

163

World patent

157

 

 

Patent backlog

181

WIPO patent agenda

157

Generic copies

185

Patent citations

166

 

 

Genetic resources

162

Patent database

165

Xerox's document security

182

Geographic disparity

164