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Journal of Intellectual Property Rights





JULY 2003





Copyright Issues in E-Publishing


T C James




Digital Technologies and Emerging Copyright Scenario


Zakir Thomas




Contributory Patent Infringement and the Pharmaceutical Industry


B B Lohray, Kaushik Banerjee and Anshool Panikar




Technical Notes



Intellectual Property Assets and Their Management




Literature Review







· Does IP protection spur technological change? · Indicators of the relative importance of IPR in developing countries · The development of IP in China · The dilemma of IPR for pharmaceuticals · Intellectual property law: a primer for scientists · Agricultural biotechnology innovations versus IPR · Compulsory licences pursuant to TRIPS Article 31 · Anticompetitive settlement of intellectual property disputes · Are intellectual property rights unfair? · Measurement and reporting of knowledge-based assets · Valuing intellectual capital using game theory · Identifying and managing IC: a new classification · The measurement of intangible assets in public sector using scaling techniques · Researching remedies in intellectual property actions involving computer technology







· Revalidation patents and the Unilever case · Damages for infringement of research tool patents: the reasonableness of reach through royalties


Copyright and Trade Secrets



· The economic case against copyright owner control over parallel imports—the market for sound recordings · The digital evolution: Freenet and the future of copyright on the Internet · Author’s moral right of integrity in cyberspace- a preliminary normative framework · Peer-to-peer technology: analysis of contributory infringement and fair use · How open source software works: "free" user-to-user assistance · Guarding the commons: how community managed software projects protect their work
· Copyright protection and hardware taxation · Personal jurisdiction over the Internet: how international is today's shoe · Cyber Crime –– A new breed of criminal? · Does the DMCA violate a constitutional mandate when technological barriers of access are applied to software? · International protection of trade secrets when using the Internet




IPR News




IPR News―General



· India  on Special 301 watch list · Patent rules 2003 · Drug industry in trouble · MNCs seek data exclusivity · Consolidated version of the Regulations under the PCT




Patent News



·Continuous growth in international patent application filings · MicroPatent launches system updates · New procedures for applicant initiated interviews at the USPTO · BT and LG Electronics sign patent deal · Honda has won a scooter patent lawsuit in China · HLL patents soap tech to beat low-cost rivals · AIDS patent challenge re-launched · Drug company files 25 patents on 'new uses' of herbs · Sabinsa obtains emergency injunction against Alchem International in patent infringement case · US patents technology to treat cancer, hepatitis · WHO to gain advisory role on pharmaceutical patents




Copyright and Trademark News



· Software piracy decreases globally · Copy control CDs to weed out pirates · Seal of cotton trademark commercially launched · .eu domain manager chosen


Key Patents



· Method for manufacturing garments with antimicrobial properties
 · Therapeutic bandage · Process for preparation of rapid setting concrete composition · Enzymatic hydrolysis process for the production of glucose syrups from tapioca starch · Improved process for the preparation of immobilized microbial composition · Laminate composite · Magnetic impulse reaction driven toys · Tag-Ko technology




Conference Reports



Advanced Training Course on Negotiating, Contracting and Valorization of IP




Journal of Intellectual Property Rights

Vol 8, July 2003, pp 269-275



Copyright Issues in E-Publishing

T C James


(Received 2 May 2003)



Copyright law emerged and developed as a response to technological challenges to publisher’s control over his publications. The advent of e-publishing made possible by digital technologies is no exception. An examination of various sections of the Indian Copyright Act makes it clear that e-publishing gets protected under the Act. There, however, are a number of new issues between the author and the publisher and between the publisher and the end user. There have been efforts by the international community to address these issues and these efforts have lead to the finalization of the World Intellectual Property Organization (WIPO) Copyright Treaty and the WIPO Phonograms and Performances Treaty in 1996. These treaties obligate national governments to provide legal protection for the technological measures of protection used by copyright owners on their digitized works and also the rights management information put on them. These provisions are required to be acted upon by the government in the interest of e-publishing. Further, the industry and the government should come together to find solutions to the various unresolved copyright issues involved in e-publishing in the interest of the development of the book publishing industry in India.




Journal of Intellectual Property Rights

Vol 8, July 2003, pp 276-301



Digital Technologies and Emerging Copyright Scenario

Zakir Thomas


(Received 11 May 2003)



Technological progress, which ushered in new modes of exploitation of copyright works brought in challenges to the copyright regime which had to be periodically modified to ensure adequate return to the authors and access to the public of these works. Most significant of the challenges hitherto has been from digital technologies. In order to update the copyright system the international community drew up two treaties, the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT). In addition to enhancing the rights of the authors the treaties provided legal protection to the technological measures used by the authors in digital transmission. Accession to the Treaties has been rather slow and implementation of technological protection measures has been a hotly debated issue. The US was the first major country to implement the Treaty provisions through its Digital Millennium Copyright Act (DMCA) and the protection of technological measures, particularly anti- circumvention measures has been a matter of intense debate ever since. The paper looks at some of the consequences of the DMCA, the impact on fair use and on the market place in general. The article also explores the concerns of the developing countries in securing access to information and the suggestions of the Commission on Intellectual Property Rights. Noting the importance of copyright as a public policy tool, the author pleads for calibration of the copyright balance to suit India’s national interests. The author also exhorts the academic community to take active interests in copyright policy matters.




Journal of Intellectual Property Rights

Vol 8, July 2003, pp 302-311



Contributory Patent Infringement and the
Pharmaceutical Industry

B B Lohray, Kaushik Banerjee and Anshool Panikar


(Received 17 March 2003)



Article details the laws in different countries on contributory infringement. It highlights various legal issues involved in this area by discussing and analysing different cases and decisions given by Courts in different countries. It concludes with some suggestions for the development of the relevant laws in India.