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Journal of Intellectual Property Rights


ISSN : 0971-5544


CODEN: JIPRFG 9(1) 1-94 (2004)








Geographical Indications under TRIPS Agreement and Legal Framework in India: Part I



Suresh C Srivastava




Intellectual Property Systems in Scientifically Capable Developing Countries: Emerging Options



Prabuddha Ganguli




Multi-disciplinary Studies on IPR in R&D: A review


 V K Gupta




Border Areas for the Protection of Intellectual Property Rights: An Analysis


Harsh Kumar



Technical Notes



Cyber Crimes


Amarjit Singh




Literature Review







· Complying with article 39 of TRIPS... a myth or evolving reality? · IP protection for plant-related inventions in Europe · Assessment of WTO agreement on TRIPS, focusing in particular on trade, moral and information issues · Access regime and the implementation of the FAO international treaty on plant genetic resources for food and agriculture in the Andean group countries · TRIPS principles, reciprocity and the creation of sui-generis type IPR for new forms of technology · Sharing IPR—an exploratory study of joint patenting amongst companies · Foreign direct investment and IPR
· Eyes wide open · Food security and IPR in developing countries






· Future of prior art searching at USPTO · Future of patent information––a user with a view · Patent prosecution in proteomics · Past versus present: the importance of tense in patent application examples · Errors in patent application sequence listings · Patenting genetic materials' unresolved issues and promoting competition in biotechnology · Shifts in the use of utility patents and plant variety protection




Copyright and Trademarks



· On the technical protection of copyright · Copyright protection and hardware taxation · Copyright as tort law's mirror image, and of harms and benefits: torts, restitution, and intellectual property · Domain names: has trademark law strayed from its path?




IPR News




IPR News—General



· Economists explore link between intellectual property and development · India wins WTO ruling against EU in drugs case · New Indian Trademarks Act, 1999 · Telcordia acquires DAX intellectual property · Turning an IP dispute into a business opportunity · Technology to foil counterfeiters wins Cambridge Company millions in funding · Wockhardt bags exclusive marketing rights · China gives itself an 'A' grade on WTO




Patent News



· US reviews disputed Web patent · US court rejects Glaxo's Augmentin patent appeal · CAL bags 1st US patent for local component · Patent infringement lawsuit against MAN Roland · Agrobacterium transformation technology patented




Copyright and Trademark News



· Europe soon to embrace new .eu top level domain · WIPO member states make progress on key copyright issues · Australia convicts online pirates
· Copyright claimed on telephone tones · Ring tone music piracy thriving in Asia · DuPont's copyright brochure protected



Key Patents



· Regulate CGMP pH · Novogen gets patent for soy isoflavone supplements · Protein products from the environment · Polylon turf patented · Lorazepam nasal delivery system patented · A process for the production of a soybean lipoxygenase inhibitors · A process for preparation of an extract from curry leaves (Muraya koenigi) · An improved process for the preparation of naringinase enzyme using Pencillium




Conference Reports



· Seminar on Intellectual Property Rights · R&D Management Conference 2003


Author Index
Keyword Index


Journal of Intellectual Property Rights

Vol 9, January 2004, pp 9-23


Geographical Indications under TRIPS Agreement and Legal Framework in India: Part I

Suresh C Srivastava


Geographical indication is one of the instruments of protecting the quality, reputation or other character of goods essentially attributable to their geographical origin. TRIPS Agreement prescribes minimum standard of protection for geographical indications. This paper is in two parts. Part I examines the basic issues of protection of geographical indications relating to TRIPS Agreement. It describes concepts of geographical indications, controversy of additional protection extended to wines and spirits, multi-lateral system of registration of geographical indications, and approaches for resolution of conflict between geographical indications and trademarks. Part II of the paper dealing with law and practices relating to protection of geographical indications in India will appear in the next issue of this journal.


Keywords: Geographical indication, TRIPS Agreement, Trademarks, Wines and spirits




Journal of Intellectual Property Rights

Vol 9, January 2004, pp 24-33


Intellectual Property Systems in Scientifically Capable Developing Countries: Emerging Options†


Prabuddha Ganguli


The paper discusses the intellectual property systems in scientifically capable developing countries. The author suggests the need for national IPR policies to build in vigilance against deliberate or accidental misappropriation of traditional knowledge by patentees. Case studies of a few scientifically capable developing countries like India, China, and Republic of Korea, have been taken to illustrate the approaches taken by them in restructuring their IPR systems during the last few decades. According to the author, these countries will have to evolve pragmatic policy models that would comprehensively address the integration of IPR into their national systems for continual and balanced economic growth.


Keywords: Intellectual property system, intellectual property policy, economic growth, developing countries




Journal of Intellectual Property Rights

Vol 9, January 2004, pp 34-42


Multi-disciplinary Studies on IPR in R&D: A Review†


V K Gupta


Scholars from several disciplines have contributed to the literature of IPR. This paper undertakes a review of multidisciplinary studies on IPR from the perspective of their use in R&D. It highlights the importance of creating awareness about IPR among scientists and delves upon the studies on patent information for R&D and technology development, R&D policy and management, and library and information sciences.


Keywords: Intellectual property rights, IPR, Patent information, R&D, Technology development




Journal of Intellectual Property Rights

Vol 9, January 2004, pp 43-50


Border Areas for the Protection of Intellectual Property
Rights: An Analysis

Harsh Kumar


The primary focus of this article is to analyse the issues concerning the enforcement of intellectual property at the border. The paper compares and contrasts the mandates under the TRIPS Agreement, and those under the Indian laws with special emphasis on the Copyright Act, 1957, the Trade Marks Act, 1999, and the Customs Act, 1964, and thereby examines the extent to which India satisfies the TRIPS obligations. The areas of departures as visualized have been brought out together with an analysis of the enforcement standards under the Indian regime.


Keywords: Border measures, TRIPS enforcement, Intellectual property system,  TRIPS Agreement, Counterfeit trademark




Journal of Intellectual Property Rights

Vol 9, January 2004, pp 51-56


Cyber Crimes

 Amarjit Singh


The paper examines the cyber crimes. It suggests bringing these crimes under international crimes, which, however, is unlikely to receive sufficient support, formulation of an international model law on cyber crime is another suggestion based on which countries could legislate their cyber laws.


Keywords: Cyber crimes, Hacking, Cyber scams and frauds, Computer virus, Internet defamation, Software piracy, Cyber squatting




Author Index


Ganguli Prabuddha  


Gupta V K


Kumar Harsh  


Singh Amarjit 


Srivastava Suresh C




Keyword Index


Agriculture 58 Generic Top Level Domain 75 Plant genetic resources 58
Augmentin patent 73 Genetic materials 62 Plant intellectual property 62
    Geographical indication 9 Plant variety protection 62
Border measures 43     Polylon turf 80
    Hacking 51 Prior art searching 60
Caseino glyco macro peptide 79 Hardware taxation 63 Protein products 80

Computer virus


    Proteomics 61

Convention on Biological Diversity


Indian Trademarks Act 67    
Copyright 78 Intellectual property policy 24 R&D 34
Copyright brochure 79 Intellectual property protection 57



Copyright protection 63 Intellectual property rights 34

Software piracy


Counterfeit trademark 43 Intellectual property system 24 Soybean lipoxygenase inhibitor 81
Counterfeiters 69

Internet defamation


Sui-generis system


Cyber crimes


IP dispute 68    

Cyber scams and frauds


IPR 34 Technology development 34,37

Cyber squatting



Telephone tones


    Joint patenting 59 Trademark law 64
Developing countries 24     Trademarks 65
Digital Millennium Copyright Act 63 Music piracy 78 Transgenic crops 57
Domain names 64     TRIPS Agreement 9,43
    Naringinase enzyme 81 TRIPS enforcement 43
Economic growth 24 Nasal delivery system 80    
European Directive 63



Utility patents 62
Exclusive marketing rights 17

Online pirates


        Web patent 72
Food 60 Patent information 37 Wines and spirits 9
Food security 60

Patent infringement


World Trade Organization 67
Foreign direct investment 59 Patent prosecution 61