Journal of Intellectual Property Rights

 

VOLUME 7

NUMBER 5

SEPTEMBER 2002

 

CONTENTS

Articles

 

Patents in a Small Developing Economy: A Case Study of Sri Lanka

395

  R M W Amaradasa, M A T De Silva and R P Pathirage

 

 

 

An Industry in Transition: The Indian Pharmaceutical Industry

405

  M D Nair

 

 

 

Intellectual Property Rights in Sugarcane Research

416

  Meenakshi Prajneshu and V K Gupta

 

 

 

Indian Copyright Law and Digital Technologies

423

  T C James

 

 

 

A Tool to Enhance Competitiveness of SMEs

436

  Wolfgang Starein

 

 

 

Literature Review

 

 

IPR—General

440

· International protection of intellectual property · IP strategy in bioinformatics · IPR, strategic technology agreements and market structure
· Protection of layout designs (topographies) of integrated circuits - r.i.p?
· Who's liable for cyberwrongs? · IPR over ethnic communities' knowledge
· Indigenous knowledge: A moral reflection on current legal concepts of intellectual property · Infringement of IPR: causes and consequences
· IPR—protecting the creation of new knowledge across cultural boundaries
· Property rights regimes over biological resources · IP infringement in global networks: the implications of protection ahead of the curve

 

 

 

Patents

444

· Patent sequence databases · Virtual reality: patent review · Is e-commerce patentable in Europe? · Determinants of knowledge diffusion as evidenced in patent data: the case of liquid crystal display technology ·United States patent classification: system organization · Diversification of patent information services at patent information centres · Patents and innovation counts as measures of regional production of new knowledge · India, the pharmaceutical industry and the validity of TRIPS · Bioinformatics: the role and limitations of patents · Internet patents: will they hinder the development of e-commerce?
· Patent rights and trade · Smart patents · Technical cooperation and the international coordination of patentability of biotechnological inventions
· Measuring the intensity of knowledge flow with patent statistics

 

 

 

Copyright and Trademark

450

· Authors' rights in works of public sculpture: a German/Australian comparison · Creative destruction of copyright: Napster and the new economics of digital technology· Does copyright enforcement encourage piracy? · Supply of software: copyright and contract issues · Uniform computer information transactions act · Use of scientific evidence and experts in software copyright cases · Plagiarism, norms, and the limits of theft law: some observations on the use of criminal sanctions in enforcing IPR · Towards a trademark-based liability system

 

 

 

IPR News And Notes

 

 

IPR News—General

453

· EU to make legislative changes · IPR enforcement should not become barriers to trade· John Doe Order in India · Institution of Engineers sets up IPR cell · IP offices in four metros

 

 

 

Patent News

456

· Software patents in India · US patent holder faces Indian passivity · Glaxo, Roche EMR applications rejected · Pfizer sues Dr Reddy’s Laboratory · EC survey on patenting and publication · Intel settles patent dispute with Intergraph · UK patent for human proteins · Patenting activity in US
· European board approves Martek patent · Europe strikes down patent on cloning · Patent granted for gene silencing · Naturol files patent for Paclitaxel extraction process · Dr Reddy's plans push in skincare · Gillette found guilty in patents case · Sony to drive forward · Bausch & Lomb wins patent dispute
· Patent dispute ends in deal

 

Copyright and Trademark News

465

· First WIPO Internet Treaty enters into force · UK copyright reforms clamp down on pirates · WIPO ruling secures 83 domain names for Dell · Brand values hit by technology fallout · Spain brings trademark laws up to international standards

 

 

 

Key Patents

468

· Antibody patent · Patent for treatment of viral diseases · Use of cow urine granted US patent · Antioxidant blend powder · US patent for Cyanotech’s astaxanthin · Headache cure · Process for extraction and purification of lutein, zeaxanthin and rare carotenoids · Process for the preparation of titanium alloys · Faster drugs for diabetes · Collapsible plastic bag · Oil extraction technology · Process for killing cells without lysis · New mouse model · Anti-collision device

 

 

 

Technical Notes

473

· Will patent disputes spoil the Web's success? · Patenting in nanotechnology

 

 

 

 

Journal of Intellectual Property Rights

Vol 7, July 2002, pp 395-404

 

Patents in a Small Developing Economy: A Case Study
of Sri Lanka

 

R M W Amaradasa1, M A T De Silva2 and R P Pathirage1

 

Patent counts have been useful in measuring research output. Patents can also be used to understand innovative trends. Sri Lanka being a small island nation with an equally small scientific resource base, such measures have not been considered useful or meaningful. However, the growth pattern of patent grants over the period 1980-1998 shows an increasing interest of Sri Lankan scientists and technologists on the economic significance of intellectual property protection.

In the current study patent registrations have been re-classified on a basis that is of relevance to Sri Lanka. On the basis of this classification, motivational factors for innovation in two economic sectors have been reviewed in the context of a changing economic scenario. In the construction industry sector, the study concludes that rapid economic growth consequent to a shift to a free market economy, had motivated innovation. While in the rubber production and processing sector, an international market threat had been countered by innovations for diversification and transformation of the industry from an almost total export orientation to that of import substitution.

 

Journal of Intellectual Property Rights

Vol 7, July 2002, pp 405-415

 

An Industry in Transition: The Indian Pharmaceutical Industry

 

M D Nair

 

A brief description of Indian pharmaceutical industry, including public health and health infrastructure, is given. The global healthcare research efforts in general and pharmaceutical R&D in particular are outlined. All aspects of Indian pharmaceutical industry, including the impact of Indian Patents Act, 1970, on it, are discussed in detail. Concerns of all sectors on post 1 January 2005, when India adopts a product patent regime are presented. How stronger patent rights will affect Indian pharmaceutical industry is explained and the possible emerging scenario in coming years is given. Preparing for new realities a few suggestions are given. Need for an appropriate strategy to meet the new challenges is felt. Realizing the fact that TRIPS Agreement strengthens patent rights in most developing countries, stress on innovative R&D in pharmaceutical industry is given.

 

 

 

Journal of Intellectual Property Rights

Vol 7, July 2002, pp 416-422

 

Intellectual Property Rights in Sugarcane Research

 

Meenakshi Prajneshu

and

V K Gupta

The role of intellectual property rights (IPR) in agricultural R&D is becoming significant in view of liberalized economic policies of the Government of India. The paper considers emerging concepts of intellectual property rights in agriculture and presents a case study of patenting in sugarcane research. Based on the analysis, it indicates areas of major concentration of patenting and technology focus. USA and Canada are two major countries whose applicants have obtained a major share of total patents. While there is an appreciable research base in India in sugarcane, its technological competence does not get reflected in terms of patents obtained, which may be attributed to the lack of awareness about IPR.  It highlights importance of scientists using patent analysis in identifying research priorities and areas of core competence to derive comparative advantages to meet emerging challenges of global economic competition.

 

Journal of Intellectual Property Rights

Vol 7, July 2002, pp 423-435

 

Indian Copyright Law and Digital Technologies

 

T C James

 

Paper traces the history of Indian Copyright Act. Describes various amendments carried out in it from time to time. Responses of international community to the challenges of digital technologies in the form of WIPO Copyright Treaty (WCT) and WIPO Performers and Phonograms Treaty (WPPT) are presented. The prominent copyright issues in the digital era are identified. It was found that in the Indian Copyright Act many issues are still left unaddressed. Amendments in the Act to make it compatible with the WCT are suggested.

 

Journal of Intellectual Property Rights

Vol 7, July 2002, pp 436-439

 

A Tool to Enhance Competitiveness of SMEs

 

Wolfgang Starein

 

 

Small and Medium-sized Enterprises (SMEs) are the driving force of most economies with a proven capacity to innovate and to generate new ideas and technologies. Consequently, the wider and more effective use of the intellectual property (IP) system would enable innovative and creative SMEs not only to enhance their market position but also to contribute to the economic growth of their respective countries. In this article, the SMEs Division of the World Intellectual Property Organization (WIPO) seeks to demystify IP by providing reader-friendly answers to some common business questions about IP.