Journal of Intellectual Property Rights;

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JULY 2010

CODEN: JIPRFG 15(4) 269- 340 (2010)

ISSN: 0971-7544



e-ISSN    0975-1076






How Effective is Sui Generis Plant Variety Protection in India: Some Initial Feedback


Sudhir Kochhar


Analysis of the Mysterious Element of Quality Control in Trademark Licensing


Raman Mittal


Protection of Well Known Trademarks and Weakening of Honest Concurrent User Defense


Vivek Kumar Choudhary


IP Audit: Way to a Healthy Organization


Tulika Rastogi




TRIPS, WTO and IPR - The Year 2009 in Retrospect


M D Nair


Literature Review




Knowledge management and the contextualisation of IPR in innovation systems Knowledge production in innovative firms under uncertain IP conditions Integration of IP strategy with innovation strategyA cross-cultural analysis of intellectual asset protection in SMEs OECD studies on SMEs and entrepreneurship SMEs, entrepreneurship and innovation IPRs, human capital and the incidence of R&D expendituresContracting for an innovation under bilateral asymmetric information Exploring the impacts of IP on intellectual capital and company performance: Iranian computer and electronic organizations Developing countries, dispute settlement, and the advisory centre on WTO law IPR and the TRIPS AgreementIPR regime and emerging institutional framework of scientific research: Plant molecular biologists in IndiaNatural IPR and the public domainThe IP implications of low-cost 3D printingReforming the WTO dispute settlement system: Developing countries' perspectivesDoes stronger IPR protection induce more bilateral trade? Evidence from China’s imports IPR, multinational firms and economic growth IPR and low carbon technology transfer: Conflicting discourses of diffusion and developmentBusiness, market and IP of polymer solar cellsIP, commercial needs and humanitarian benefits: Must there be a conflict?How to measure innovation? New evidence of the technology–growth linkage Unfettered consumer access to affordable therapies in the post-TRIPS era: Kenya and India case studies Accounting for IP?A short analysis of emerging IP Issues in ‘green’ marketingThe time and place for ‘technology-shifting’ rights




Does patent strategy shape the long-run supply of public knowledge? Do shorter product cycles induce patent thickets? Who invents life: Intelligent designers, blind watchmakers, or genetic engineers? ● The patentability of computer programs in Europe: An improved interpretation of Articles 52(2) and (3) Analysis of patents on anti-allergic therapies issued in China from 1988 to 2008, ● A super fast track to the grant of patents in Singapore and the USA ● Purpose-bound protection for DNA sequences: In through the back door? ● Patentable subject matter: What is the matter with matter? Contributing to the wrong: The indirect infringement of patents A prosecution bar in patent litigation should be the exception rather than the rule Patent law, HIPPO, and the biodiversity crisis Do stronger patent rights raise high-tech exports to the developing world? Assessing the patenting activity in the Italian universities: Biotechnology research Process patents and the limits of the international trade commission’s jurisdiction Heightened obviousness and lowered disclosure is not a panacea to the American patent system for biotechnology medication and pharmaceutical inventions in the post-KSR era Is the use of patents promoting the creation of new types of securities? Business methods and patentable subject matter following in re Bilski Pharmaceutical reverse payment settlements


Copyright and Trademark


Does copyright enforcement encourage piracy? Fresh lessons for first movers in software copyright disputes What limitations to copyright in the information society? A comment on the European Commission’s green paper The concept of ‘Justiciability’ in foreign copyright infringement casesCreating an innovation exception? Copyright law as the infrastructure for innovation ● The status of phonogram producers under Indian copyright law ● Free and open source software communities, democracy and ICT law and policy ● How has the law attempted to tackle the borderless nature of the Internet? ● Are fashion designers better protected in Continental Europe than in the UK? Evaluation of the design piracy prohibition act: Is the cure worse than the disease? Possessing trademarks: Can Blackstone or Locke apply to fast food, grocery stores, and virtual sex toys? ● Harnessing the development potential of GIs for TK-based agricultural products


IPR News


IPR News—General


WIPO launches global on-line resource to facilitate access to IP information India protests regional pact on IPR China, Ecuador stand by India at WTO Balaramapuram sarees receive GI tag Plea against GI tag for Tirupati laddus rejected


Patent News


USPTO teams with Google to provide bulk patent and trademark data to the public USPTO proposes three-track system for patents ● International patents get UK fast-track ● EPO sees double patenting ● New ECLA codes for green technologies ● Controversy over cancer gene patent in AustraliaMotorola and RIM settle patent dispute Glenmark wins US patent suit over generic hypertension drug ● Indian IPO releases list of product patents ● Clean energy patents hit record high in first quarter-clean energy patent growth index


Copyright and Trademark News


Canadian government introduces copyright legislation Nothing funny about politicians copyright infringement ● Israel joins the International Trademark System ● Heinz India wins trademark case against PepsiCo Apple sued over iAd trademark Cisco licenses ‘IOS’ trademark to Apple ● Trademark examination reports go online Indian trademark and design statistics


Key Patents


Microfluidic Systems gets new patentsBioNanomatrix receives nanofluidic chip patent Alzheimer monoclonal antibody patent Soligenix’s European patent for the treatment of GVHD and leukemia US patents for cognity fat-tailed quantitative methodologies Green engine patent for Cyclone power technologies Pure bioscience granted patent for anhydrous SDC