Journal of Intellectual Property Rights

 

VOLUME 7

NUMBER 6

NOVEMBER 2002

 

CONTENTS

Articles

 

The Role of Copyright in the Cultural and Economic Development of Developing Countries

 

489

  Shahid Alikhan

 

 

 

The Indian Plant Variety Protection Act Beneficiaries: The Indian Farmer or the Corporate Seed Company?

 

506

  Shanti Chandrashekaran and Sujata Vasudev

 

 

 

Patenting Issues in Software Industry

516

  Yogesh Suman and V K Gupta

 

 

 

Protection of Trade Secrets/Undisclosed Information

526

  M D Nair

 

 

 

Patenting in Saffron

530

  Madhu Sahni

 

 

 

Literature Review

 

 

 

IPR¾General

536

· Intellectual property infringement in global networks · WTO dispute settlement as judicial supervision · IPR and standardization · IPR and foreign direct investment · Intellectual property and the organization of information production · Developing countries, UPOV and TRIPS compliance · How can indigenous knowledge be protected? · Agro-biodiversity and international law · Revision of the TRIPS Agreement concerning the protection of plant varieties · Is TRIPS stifling innovation in southern agriculture where the Green Revolution left off? · How can developing countries reap the benefits of biotechnology? · Protecting business methods in the United States ·The emerging consensus on criminal conduct in cyberspace

 

Patents

541

· Timeliness and accuracy of United Kingdom patent legal status data sources · Modern patent clinics · Assigned patent rights—gone but not forgotten · Patent misuse through the capture of industry standards
· Business method patents and patent floods · Carrots and sticks to create a better patent system · R&D, licensing and patent protection · Patents and other IPR · Farmers’ rights, plant variety protection and patents · Impact of patent rights on international trade · Patent signals · Amended patents act and access to medicines after Doha · Patent pooling, innovation and standardization in the software industry · Patents and benefit-sharing as a challenge for corporate ethics · Patenting of genes · Patents and technical standards · Patently absurd-too many patents are just as bad for society as too few

 

 

Copyright and Trademark

 

549

· Copyright and time: a proposal · Fair use in the digital era · Software copyright infringement among college students ·Towards a trademark-based liability system

 

 

IPR News and Notes

 

 

 

IPR News—General

552

· Doha declaration ineffective · India demands TRIPS update to fight biopirates · Lack of IPR awareness hampering industry · Compliance with IPR to attract FDI · Ernst & Young creates IP-management tool

 

 

 

Patent News

555

· USPTO launches paperless patent gazettes · EU software patent proposal
· USPTO faces lawsuit over paperless future · European Commission calls for central patent court · Patent regime unlikely to benefit developing nations · New patent rules · Indian firms top list of patent applications · Patent monopoly · All purpose mobile phone · USPTO grants three patents to Indian software industry · CSIR granted patent for the development of software for drug discovery · CBT gets patent for anti-bacterial drug targets
· NIO awarded three US ptatents · India wins major patent battle for jute
· JB Chemicals files for patent on 20 NCEs in NSAIDs · DRL ciprofloxacin US launch delayed · Merck receives favourable patent ruling in Europe
· Zocor gets six months extension · Patentees suffer in English courts · BT loses US hyperlink suit · China reveals top 10 overseas patent applicants
· LG Philips LCD files patent suit vs Taiwan firms · Patent filing for neem-herb oil blend · Ribapharm files patent infringement lawsuit · Avistar files patent infringement lawsuit against Polycom · Patent laws plague Pusa naming · NDDB files patent for world's first combination vaccine · US patent for a design to improve turbulence in combustion chambers

 

 

 

Copyright and Trademark News

569

· Fundamental right to copy, but for a fee · Domain name for Indian Software company · Dutch newspapers lose out in database protection case
· China fights piracy with new trademark and copyright laws · CD copy stopper · Sony to appeal Australian copyright ruling on chipping · Rising trademark applications

 

 

 

Key Patents

572

· A camera on a gun patented · Panacea to file global patent for anti-TB combination drug · Hematopoietic stem cells patented · Electrolux to patent ‘washy talky’ technology · Process for the preparation of high azadirachtin neem oil · Invention eliminating side mirror blind spots patented · CO removal · Process for increasing the shelf life of food products · Process for high-purity ethylene and propylene · Catalytic converter

· Credit card with sensor patented · Lupin Laboratories new drugs patented · Breathing apparatus · PPP machine invented · Computerized patent and trademark fee payment method and system for law firms · Sanofi gets new US patent for clotbuster Plavix · Alzheimer’s disease diagnostic technology  patented

 

 

 

Technical Notes

577

· Unregistered design rights · Meta Tags and their uses · Reprographic rights

 

 

 

Index

584

 

Journal of Intellectual Property Rights

Vol 7, November 2002, pp 489-505

 

The Role of Copyright in the Cultural and Economic Development of Developing Countries

 

Shahid Alikhan

The paper discusses about the role of copyright and intellectual property in cultural and economic development of developing countries, as also in the promotion of qualitative competitiveness in national and international trade. Economic growth depends increasingly on international competitiveness of the economy, industry and business. This competitiveness is driven by knowledge-based technological progress, which is encouraged, promoted and helped through effective IP protection. Effective use of the IP system and its enforcement by the judiciary and other enforcement agencies, essential for the socio-economic development of a country, is discussed in detail. WIPO Internet Treaties for the protection of copyright and related rights in the digital age are also discussed.

 

 

Journal of Intellectual Property Rights

Vol 7, November 2002, pp 506-515

 

The Indian Plant Variety Protection Act Beneficiaries: The Indian Farmer or the Corporate Seed Company?

 

Shanti Chandrashekaran and Sujata Vasudev

 

The Indian Plant Variety Protection (PVP) Act (2001) covers several issues relating to farmers’ rights and the protection and registration of new plant varieties. It is a sui generis system developed after years of deliberation and offers tremendous freedom to farmers to continue saving and reusing seeds from their farm produce. As Indian farmers fall into diverse socio-economic classes, all of them will not benefit equally from the PVP Act. PVP issues relating to farmers’ rights are discussed vis-à-vis their role in biodiversity conservation and plant breeding. Possible solutions to mitigate the drawbacks of long-term protection to farmers are also discussed.

 

Journal of Intellectual Property Rights

Vol 7, November 2002, pp 516-525

 

Patenting Issues in Software Industry

Yogesh Suman and V K Gupta

 

The paper discusses the issues related to software patenting and their implications for software industry. It explains the importance of intellectual property protection for software. Presents the salient features of the ongoing global debate on whether software patents can accelerate or hamper the process of innovations in software industry. Tries to draw a view based on the arguments given by two schools of thought and recent trends in software industries for some of the countries favouring and granting software patents. In the last gives India’s stand on software patenting. It concludes by discussing the consequences of strong software patenting system for India followed by the conclusions.

 

Journal of Intellectual Property Rights

Vol 7, November 2002, pp 526-529

 

Protection of Trade Secrets/Undisclosed Information

 

M D Nair

 

Under Article 39 of TRIPS, Members are obliged to ensure protection of undisclosed information through systems developed through appropriate legislations. Considering the vast repository of undisclosed knowledge, practices and products possessed by large number of our vaidyas, hakims, artisans and artists, paper explores the possibility of India’s bringing in a sui generis system of protection of undisclosed information/trade secrets. Besides, it defines trade secrets, discusses TRIPS and trade secrets, and methods and practices followed for protection of trade secrets in India and abroad.

Journal of Intellectual Property Rights

Vol 7, November 2002, pp 530-535

 

Patenting in Saffron

 

Madhu Sahni

 

Saffron has been cultivated for thousands of years to be used in medicines, perfumes, and dyes and as a wonderful flavouring agent for foods and beverages. The present study examines the patenting activity in saffron using different databases, namely, US patent database, PCT database, database of EPO, Japanese patent database, INPADOC database, and Ekaswa-A and Ekaswa-B patent application database maintained by TIFAC. The patenting activity was found to be maximum in China, followed by Japan, Germany, Spain, Canada and Europe. Each country has evolved its own niche.