Journal of Intellectual Property Rights

 

VOLUME 7

NUMBER 3

MAY 2002

 

CONTENTS

Articles

 

Patenting Microorganisms: Towards Creating a Policy Framework

211

  S Sekar and D Kandavel

 

 

 

Indigenous Knowledge and Intellectual Property Rights: The Latent Logistics and the Overt Concerns

 

222

  V Arunachalam

 

 

 

Biotechnology and Development: A Balance between IPR Protection and Benefit-sharing

 

233

  Jan Wendt and Juan Izquierdo

 

 

 

TRIPS and Public Health: The Doha Declaration

241

  M D Nair

 

 

 

The Value of Intellectual Property, Intangible Assets and Goodwill

245

  Kelvin King

 

 

 

Literature Review

 

 

 

IPR—General

249

· Protecting valuable commercial information in the digital age · IPR and licensing · Bioinformatics in the post-genomic age · Legal uncertainty in cyberspace: a policy proposal to deal with the international jurisdictional
· IP protection and agricultural biotechnology · Biotechnology and international law · Plant breeding, biodiversity loss and IPR · Agricultural biotechnology's complementary intellectual assets · Does IP protection spur technological change? · International protection of IP ·Enforcing IPR
· Indigenous knowledge: A moral reflection on current legal concepts of intellectual property · Challenges for IP law in the twenty-first century
· TRIPS, North-South trade, and biological diversity

 

Patents

255

· Patent protection, innovation rate and welfare · Patent scope and innovation in the software industry

 

 

 

Copyright

257

· Escape from copyright: Market success vs statutory failure in the protection of expressive works · Author's right as property: Old and new theories · The screenwriter's indestructible right to terminate her assignment of copyright

 

 

 

Trademark and Domain Names

259

· On trademarks, domain names, and internal auction

 

 

 

IPR News And Notes

 

 

 

IPR News—General

260

· WCT to enter into force · PCT experience in India · India needs to create IP protection tools to check brain drain · Muscat declaration on intellectual property and traditional knowledge · UK one of the best government sites
· New web portal · WIPO efforts to curb cybersquatting continue · China and Taiwan become WTO members · Indian pharma cos

 

 

 

Patent News

268

· One lakh PCT applications received in less than a year · India’s position in PCT filing · IBM tops 2001 patent owner list · India cautioned against falling into ‘patent trap’· IICT prepares list of drugs going off patent by 2005 · New US, Euro pharma patent for CSIR lab · ISRO wins patent battle to space · Supreme Court rejects Eli Lilly's Prozac patent appeal · Xerox writing recognition patent invalid · Sanofi Santhelabo sues Dr Reddy’s Laboratories · IRL granted five patents · Ranbaxy gets FDA approval for drug · Matsushita sues Cinram and Bertelsmann unit over patents · Biotech cos settle patent suits · Akamai wins patent lawsuit against Digital

 

 

 

Trademark News

274

· Mahatma Gandhi gets brand name protection · Two Delhi firms barred from using Pepsi trademark · Harsh measures vital to end fake brands
· SuSE settles trademark suit

 

Key Patents

277

· Method for efficiently introducing exogenous genes · Fibrin-based biocompatible materials · Heat resistant spectacles · Ocular tissue regeneration inducer · Genetic sequences patented · New drug delivery system · Genetic suppressor elements · Patent on O-Vax · Detergent granules · Improved process for manufacturing blackboard · Method for preparation of improved glass · Improved process for ethanol · ImmunoGen receives patent on production of DM1 · Genentech granted patent relating to recombinant DNA technology · Neurotech signs licence agreement with Amgen 

 

 

 

Technical Notes

282

· Intellectual property on the WEB · Community patent system in EU—A proposal

 

 

 

Journal of Intellectual Property Rights

Vol 7, May 2002, pp 211-221

 

Patenting Microorganisms: Towards Creating a
Policy Framework

 

S Sekar

and

D Kandavel

 

 (Received 1 August 201; revised 27 March 2002)

 

 

India is bound to implement new patent laws as per TRIPS by the end of 2004 along with the provision of patenting microorganisms. In this context, the paper stresses the need of defining microorganisms and listing out various life forms for patenting. The usage of the term ‘biological materials’ by the European Union and USPTO system of classification of microorganisms can be referred to evolve our own system. The analysis of the Patent Facilitating Cell (DST, Govt of India) on the issue of patenting microorganisms at the global level revealed the trends in various countries which will help us to frame the system of patenting microbes. Paper further hightlights the need of creating culture collection IDAs (International Depositary Authorities) in our country too and develop codes of operation for effective patenting with the co-ordination of IP offices and for facilitating indigeous promotion of patenting microorganisms. Also, with the provisions of CBT and WIPO, we need to safeguard the interests of our country and protect traditional knowledge on the use of microorganisms. Indian machinery of patenting has to be geared up and also tuned to cope up with the new trend of patenting life. The strategies and policies to be adopted at present are further highlighted.

 

 

Journal of Intellectual Property Rights

Vol 7, May 2002, pp 222-232

 

 

Indigenous Knowledge and Intellectual Property Rights: The Latent Logistics and the Overt Concerns

 

V Arunachalam

 

(Received 27 December 2001)

 

Awareness of indigenous knowledge (IK) and concerns of protecting it are growing over time. Most of the IK descends from ancient tradition and would need a proper validation and documentation. IK is found in a wide variety of areas, but this paper covers only agricultural crops. There are provisions in the Plant Variety Protection and Farmers’ Rights Bill, 2000, for registration of farmer-varieties with associated protection and benefit sharing but exclusive provisions for IK protection possibly remains to be focused. Indigenous genetic wealth (IGW), on the other hand, consists of herbs, medicinal plants, landraces of a variety of plant species and such genetic resources. The expression of the characteristic traits of IGW is highly site-specific. To meet the commercial demands of protected IGW, their genetic purity has to be maintained. This would imply maintaining their site-specific trait expression and therefore conservation at their native habitats. Further IK and IGW are tightly linked and cannot be isolated for protection; they must be treated as one integrated unit. These perceptions, the emerging problems and paradigms are discussed in this paper.

 

 

Journal of Intellectual Property Rights

Vol 7, May 2002, pp 233-240

 

 

Biotechnology and Development: A Balance between IPR Protection and Benefit-sharing

 

Jan Wendt and Juan Izquierdo

 

(Received 8 March 2002)

 

The paper discusses various aspects of protection of agricultural innovations specially after the applications of biotechnology have taken place in the agricultural research. Describes the relevant article of TRIPS Agreement in respect of agricultural innovations and new problems of their protection.Apart from protecting innovations, the access to genetic resources is another basic aspect affecting biotechnology as new tool for the conservation and sustainable use of plant genetic resources for food and agriculture. Paper describes the international framework for IPR related to genetic resources and access to these resources. The legal tools available with the Latin American region for protection of IPR, access to genetic resources and fair distribution of benefit are described and the problems faced in achieving these goals are identified. Several suggestions for improving the performance of the system of protection of access to genetic resources and protection of IPR are given.

 

Journal of Intellectual Property Rights

Vol 7, May 2002, pp 241-244

 

TRIPS and Public Health: The Doha Declaration

 

M D Nair

 (Received 28 January 2002)

 

The Doha Declaration on TRIPS and Public Health has very little new matter. It is rather areiteration of the fundamental tenets embodied in the TRIPS Agreement. Increased flexibility for interpretation and implementation by the members is the cardinal feature of the new document. India needs to evaluate all the implications of the provisions of the new Declaration and through appropriate legislations ensure that maximum benefits accrue to the Indian industry and the public.

 

Journal of Intellectual Property Rights

Vol 7, May 2002, pp 245-248

 

The Value of Intellectual Property, Intangible
Assets and Goodwill†

 

Kelvin King

 

(Received 4 April 2002)

 

 

The paper discusses intellectual capital valuation concepts, methods and procedures adopted to apply credible value to intellectual property. Three broad categories of valuation methods, viz.: market based, cost based and based on estimates of future economic benefits are described briefly.