Intellectual Property Rights Under WTO and Animal Genetic Resources 7
Patenting on Clove 24
Adoption and Implementation of Intellectual Property Rights: Experiences 33
of Selected Countries
Brand Valuation 46
The Subtle Inequalities of Copyright 50
Harmonization of Patent Laws -Still a Dream? 58
·Does intellectual property become unimportant in cyberspace? · IPR and the third world · IPR and foreign direct investment · Future of composites in IPR regime · IPR and agricultural technology · Discovering new value in intellectual property · Intellectual collaboration · Which countries protect intellectual property? The case of software piracy · Against cyberlaw · Electronic rights management and digital identifier systems
· Electronic commerce: an Indian perspective · Contracts, IPR and multinational investment in developing countries
·Business process patents ·The ayahuasca patent revocation · Patents in the field of biotechnology, a short guide for inventors and administrators · Two-stage patent races and patent policy · Patent protection, imitation and the mode of technology transfer ·Patent protection of computer programs · Patenting expressed sequence tags and single nucleotide polymorphisms · Going for the big one · Patents, patent laws and TRIPS Agreement · Patent protection, imitation and the mode of technology transfer
Copyright and Trademarks 69
·Evolving common law doctrine of copyright misuse · Is it fair use? It depends
· Trademark strategies online: implications for IPR · Internet domain disputes · Law combats 'cybersquatting' of domain names
·WTO database on traditional knowledge · PCT applications · Global patenting may become imperative · Language problems frustrate European patent reform · WIPO panels decry efforts at reverse domain hijacking · PatentOrder · Rock star loses domain battle · Barnes & Noble wins court battle · WIPO resolves multilingual domain-name dispute · New logo for Indian intellectual property · EMR applications
·Brazil hails victory on WTO drug patents accord · Patent applications in India for cloning · Electronic engineers want a bigger patent royalty · Alta Vista threatens to issue patent lawsuit ·. Patent laws for nurseryman · Off patent drugs · STN patent databases
· Sandwich patent dispute · Patenting in German universities · Patent infringement case · Basmati patent · HuCAL technology patented · SanDisk sues Micron for patent infringement · Immunosuppressant drug · Synaptic sues Euro screen for patent infringement · HemaSure wins New York blood filter patent case · Artwork sues to invalidate patents of Creo unit
Copyright and Software Protection 82
·Copyright Office announces new search system · Copyright Office received first E-books · Copyright law · Moral rights · Software patenting
Trademark and Domain Names 83
·WIPO accuses Novartis Ag of "abusive" domain registrations · Three new domains approved · McChina restaurant beats trademark challenge from McDonalds
Technical Notes 91
Intellectual Property Rights Under WTO and Animal Genetic Resources
Carlos M Correa
(Received 29 September 2001)
This article presents an overview of the international standards on IPRs set forth by the TRIPS Agreement. It considers the modalities of IPRs that may be applied to animal genetic resources (AnGRs) and discusses the main trends in relation to the patentability of genetic resources. The scope for maneuver left by the TRIPS Agreement to legislate at the national level with regard to AnGRs is considered, including the exclusion from patentability of AnGRs. The relationship between TRIPS Agreement on the Convention on Biological Diversity is examined.
V K Gupta
(Revised 10 September 2001)
Clove is one of the valuable spices. The present study examines the patenting activity in clove using data from different databases, namely, US patent database, PCT database, world - wide patent database of EPO, Japanese patent database, and the Indian patent database with INSDOC and Ekaswa A and Ekaswa B patent applications databases of TIFAC. In all, there were 594 patents relating to clove. The patenting activity was largely concentrated in USA, China and Japan. The national focus of R&D and the innovative activity was also examined. Each country has evolved its own niche. The overall thrust is to make use of the properties of clove or its extract as an ingredient in flavouring food and feed products, in medicine, dentifrices, surfactants and as an essence in cosmetics. The study highlights the important technological directions and gaps for further pursuing R&D in clove.
Adoption and Implementation of Intellectual Property Rights: Experiences of Selected Countries
(Received 6 September 2001)
The new global trade order, initiated at the Uruguay round of global trade negotiations culminated in the establishment of the World Trade Organization (WTO). One of the important prescriptions of the new trade rules in the form of Trade- Related Intellectual Property Rights (TRIPS) includes the compulsive modification of the existing Intellectual Property protection legislation with regard to agriculture especially by the developing countries. The new set of rules prescribed by WTO under TRIPS were opined to open new dimensions in the type and extent of research exchange between the nations and also aim at redefining the role of public and private research organizations. One of the important reasons for extending intellectual property (IP) protection for plants and other living organisms, it is said, is to make agriculture a commercial venture and for attracting private investment into agricultural research. The popular rationale in support of intellectual property rights (IPR) for plants has often said to be one of stimulating effect. The present study reviews the economic impact of the adoption of IP protection mechanisms in USA and Latin American countries. Results indicated that availability of IP protection is in itself insufficient in determining the rate of innovation. More important factors like the scientific base of plant breeding, market forces and demand side factors appear to have greater influence in determining the rate of introduction of new varieties. Consolidation by the multinationals in seed industry and increased seed prices were among the other significant results. The need to commercialize new plant varieties has raised the strategic importance of public germplasm and reduced its availability for other users. On the other hand, access to public germplasm by the private seed industry improved due to more formal and transparent procedures. The PBRs like many other policy instruments were favourable towards resource rich farmers than the small and marginal groups.
Amar Raj Lall and Vinod Khurana
(Received 27 July 2001)
This article aims to provide an outline of some of the issues arising in connection with brand valuation in the changing economic scenario. Types of brands, their valuation, intangible and tangible benefits of brand valuation are discussed.
Philip G Altbach
Bellagio Publishing Network (Bellagio Research and Information Centre)
The Jam Factory, 27 Park End Street, Oxford, OX1 1HU,England
(Received 25 October 2001)
The paper discusses in detail the copyright provisions in TRIPS Agreement, effects of technological advances on copyright, responsibility of copyright holders, and steps to be taken to help developing countries gain access to the world ‘s knowledge and build up their own publishing industries.
Harmonization of Patent Laws -Still a Dream?
M D Nair
(Received 27 June 2001)
The paper discusses the need of a system, which will protect an innovation globally and will be acceptable to all nations. In fact, TRIPS Agreement is an attempt in the direction of harmonization of global patent system. Similar efforts made, particularly, at regional levels are described. The author discusses briefly about the Patent Cooperation Treaty (PCT) and its advantages.