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Journal of Intellectual Property Rights

 

ISSN : 0971-5544

 

CODEN: JIPRFG 9(3) 199-306 (2004)

VOLUME 9

NUMBER 3

MAY 2004

 

CONTENTS

 

 

Articles

Copyright Law of India and the Academic Community

207

T C James

 

 

 

WTO-TRIPS Obligations and Patent Amendments in India: A Critical Stocktaking

 

226

KD Raju

 

 

 

Towards a Policy for Management of Intellectual Property in Public Agricultural Research Systems in India

 

242

N H Rao and R Kalpana Sastry

 

 

 

Technology Transfer and the Intellectual Property Issues Emerging from It — An Analysis from a Developing Country Perspective

 

260

Srijit Mukherjee and Sudipta Bhattacharjee

 

 

 

Literature Review

 

 

IPR¾General

 

275

· Technology transfer: licensing intellectual property from universities to industry · The peculiar case of terminator technology · Intellectual property rights, strategy and policy · An analysis of R&D strategies in software technologies · Property rights on the Internet · Leveraging intellectual property: beyond the right to exclude · Intellectual property in Indian pharmaceutical industry · Inventors' productivity in a publicly funded R&D agency––the case of CSIR in India · Gray markets in cyberspace · The regime of exhaustion and parallel imports in China · The Internet of tomorrow: the new-old communications tool of control · Human rights and intellectual property—conflict or convergence? · The mystery of pharmaceutical parallel trade and developing countries · Innovation, competition, standards and intellectual property · Regime shifting: the TRIPS Agreement and new dynamics of international intellectual property lawmaking · Compulsory licensing of technology and the essential facilities doctrine · Treaty governance, intellectual property and biodiversity · Recent international developments in the area of intellectual property rights

 

 

 

Patents

282

· Patent strategies for wireless technologies · Patenting stem cells of human origin · Explaining the propensity to patent computer software
· Determinants of opposition against EPO patent grants––the case of biotechnology and pharmaceuticals · The future of patent deposition of microorganisms · Patenting genetic materials' unresolved issues and promoting competition in biotechnology · An empirical investigation of the relationship between intellectual property and innovation in software firms

 

 

 

Copyright and Trademarks

 

284

· The nature and scope of limitations and exceptions to copyright and neighbouring rights · Collective management of copyright and related rights at a triple crossroads · Moral rights in information technology · Licensing of music rights · Competition law and copyright · Electronic database protection and the limits of copyright · Parallel importation and its effect on information technology · The legal protection of traditional cultural expressions

 

 

IPR News

 

 

IPR News—General
 

288

· ICC launches 2004 intellectual property roadmap · Data exclusivity
· Nextance for end-to-end intellectual property management · WIPO member states lay foundations for protection of traditional knowledge
· TRIPS Council: renewed calls for moving ahead on biodiversity · OSRM plans to offer Linux litigation protection

 

 

Patent News

294

· OECD recommends major changes in patent systems · China successfully accepts the first electronic patent application · Kodak sues Sony over digital camera patents · HP sues Gateway for patent infringement · Patent infringement lawsuit to protect RNAi gene silencing technology · Chip designer accuses Intel and Dell of patent violations · Intel to settle Intergraph patent dispute · Fujitsu suing Samsung over plasma patents · Martek launches patent case against Nutrinova  

 

 

 

Copyright and Trademark News

 

299

· The Anywayup® cup infringement case · UK company claims Gmail trademark · Delhi High Court protects trademark of Citicorp

 

 

 

Key Patents

 

301

· Process for preparing extract of Silene vulgaris patented  · Process for preparation of a radio protective herbal extract from plant Hippophae rhamnoides patented  · Xbox hard drive patent  · Enhanced pollenizer and method for increasing seedless watermelon yield  · Patent for converting single-hull tank ships  ·Gumlink unveils vitamin-enriched chewing gum  · Two new ingredients, including a fat-free chocolate flavouring patented  ·Ink jet process patented

 

 

 

Author Index

Keyword Index

 

 

Journal of Intellectual Property Rights

Vol. 9, May 2004, pp 207-225

 

Copyright Law of India and the Academic Community

T C James

 

Copyright plays a crucial role in academic institutions. Although, copyright protection has been in existence in India for more than 150 years, copyright issues in academic institutions have not received enough attention. This paper attempts to look at the issues in the background of the philosophical justification for copyright protection. After a bird’s eye view of the basics of copyright, the paper looks at the traditional issues relating to scope, ownership and use of copyrighted works in educational institutions, in the light of case laws. Then the possible issues that Indian educational institutions may have to face in the context of the emergence of digital technologies and widespread use of information technology are examined. The paper concludes with certain suggestions for the consideration of the educational institutions.

 

Keywords: Copyright law, Moral rights, Economic rights, Legal rights, Exclusive rights, Copyright ownership, Copyright regime, Digital technologies, Educational institutions

 

 

 

Journal of Intellectual Property Rights

Vol 9, May 2004, pp 226-241

 

WTO-TRIPS Obligations and Patent
Amendments in India: A Critical Stocktaking

K D Raju

 

Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement was one of the most contentious issues in the Uruguay Round of multilateral trade negotiations, which was concluded in 1994 at Marrakech.  The commitments under the TRIPS Agreement compelled India to amend its patent regime in 1999, 2002 and 2003 (the Amendment Bill lapsed due to the dissolution of the present Lok Sabha).  This paper examines the amendments in the Indian patent system in consequence of TRIPS Agreement, and Indian reaction to the same in substantial and procedural levels.  India opted for the setting up of a ‘mail box’ and has taken Exclusive Marketing Rights (EMR) route for the transitional period.  The second section analyses the implications of transitional period and to suggest further options available to India. It also looks into the new provisions included in the Patents (Amendment) Bill 2003. This paper, based on a review of amendments to the Indian law, concludes that the Indian patents regime is inadequate to meet the challenges posed by the TRIPS Agreement. It also puts forward some suggestions to improve the patent regime in the country as a whole. 

 

Keywords: TRIPS Agreement, Patent amendment, Mailbox and EMR

 

 

 

 

Journal of Intellectual Property Rights

Vol 9, May 2004, pp 242-259

 

Towards a Policy for Management of Intellectual Property in Public Agricultural Research Systems in India

N H Rao and R Kalpana Sastry

 

An IP policy framework for public agricultural research systems in India is developed by taking the example of the Indian Council of Agricultural Research (ICAR), New Delhi. The framework is based on assessments of how various international agreements have influenced IP generation and use in agricultural research and how different national and international public systems are responding to the challenge of IP management in agricultural research.

 

Keywords: Intellectual property rights, Agricultural research

 

 

 

Journal of Intellectual Property Rights

Vol 9, May 2004, pp 260-274

 

Technology Transfer and the Intellectual Property
Issues Emerging from It – An Analysis from a
Developing Country Perspective

Srijit Mukherjee and Sudipta Bhattacharjee

 

The exploitation of technological knowledge is central to the development process. Less developed economies typically obtain this knowledge from more advanced ones rather than by creating it themselves. Transfer of technology is the transfer of a patent with respect to a particular product, which is patented. The product of technology is mixed up with the technology itself. No effort is made to make a distinction between the two. This paper attempts to clarify the meaning of technology transfer and what it actually transfers and elaborates on the modalities of technology transfer agreement and the various types of the same. It also deals with the situation where there is a loss of confidentiality and elaborates on its effect on the liabilities of the contracting parties in various jurisdictions. The article also attempts to deal with the various intellectual property issues involved in technology transfer and attempts to analyse things from a developing country perspective.

 

Keywords: Technology transfer, Intellectual property, Developing country, Know-how, Patents, Trademarks, Franchisee, North – South technology transfer

 

 

 

Author Index

 

Bhattacharjee Sudipta

260

James T C

207

Mukherjee Srijit

260

Raju K D

226

Rao N H

242

Sastry Kalpana R

242

 

 

 

Keyword Index

 

Agricultural research

242

EMR

226

Neighbouring rights

285

 

 

Exclusive rights

207

North – South technology transfer

242

Biodiversity

281, 291

 

 

 

 

 

 

Franchisee

242

Parallel importation

287

Collective management

285

 

 

Parallel imports

278

Competition law

286

Gene silencing technology

297

Patent Amendment Act

226

Compulsory licensing

281

Genetic materials

283

Patent dispute

298

Computer software

282

Gmail

300

Patent infringement

296

Copyright law

207

 

 

Pharmaceutical industry

277

Copyright ownership

207

Information technology

285

Plasma patents

298

Copyright regime

207

Intellectual property management

289

 

 

Copyright

285, 292

Intellectual property rights

242, 275

Software patent

283

Cyberspace

278

Intellectual property

242,288, 279

Software technologies

276

 

 

Internet

278

Stem cells

282

Data exclusivity

288

 

 

 

 

Developing country

242

Know-how

242

Technology transfer

242,275

Digital environment

285

 

 

Terminator technology

275

Digital technologies

207

Legal rights

207

Trademarks

242, 277, 300

 

 

 

 

Traditional cultural expressions

287

Economic rights

207

Mailbox

226

Traditional knowledge

290

Educational institutions

207

Microorganisms

283

TRIPS Agreement

226, 280

Electronic database protection

286

Moral rights

207, 285

TRIPS Council

291

Electronic patent application

295

Music rights

286