Journal of Intellectual Property Rights


VOLUME 7                    NUMBER 1                         JANUARY 2002







Intellectual Property Rights Under WTO and Animal Genetic Resources                                    7


Carlos M Correa


Patenting on Clove                                                                                                                   24


Meenakshi Prajneshu and V K Gupta


Adoption and Implementation of Intellectual Property Rights: Experiences                      33

of Selected Countries


Sudha Mysore


Brand Valuation                                                                                                                         46


Amar Raj Lall and Vinod Khurana


The Subtle Inequalities of Copyright                                                                                           50

Philip G Altbach

Harmonization of Patent Laws -Still a Dream?                                                                58

M D Nair


Literature Review


IPR-General                                                                                                                               62


·Does intellectual property become unimportant in cyberspace? · IPR and the third world · IPR and foreign direct investment · Future of composites in IPR regime · IPR and agricultural technology · Discovering new value in intellectual property · Intellectual collaboration · Which countries protect intellectual property? The case of software piracy · Against cyberlaw · Electronic rights management and digital identifier systems

· Electronic commerce: an Indian perspective · Contracts, IPR and multinational investment in developing countries


Patents                                                                                                                       66

·Business process patents ·The ayahuasca patent revocation · Patents in the field of biotechnology, a short guide for inventors and administrators · Two-stage patent races and patent policy · Patent protection, imitation and the mode of technology transfer ·Patent protection of computer programs · Patenting expressed sequence tags and single nucleotide polymorphisms · Going for the big one · Patents, patent laws and TRIPS Agreement · Patent protection, imitation and the mode of technology transfer

Copyright and Trademarks                                                                                        69

·Evolving common law doctrine of copyright misuse · Is it fair use? It depends

· Trademark strategies online: implications for IPR · Internet domain disputes · Law combats 'cybersquatting' of domain names


IPR News And Notes           


IPR News—General                                                                                                    71


·WTO database on traditional knowledge · PCT applications · Global patenting may become imperative · Language problems frustrate European patent reform · WIPO panels decry efforts at reverse domain hijacking · PatentOrder · Rock star loses domain battle · Barnes & Noble wins court battle · WIPO resolves multilingual domain-name dispute · New logo for Indian intellectual property · EMR applications


Patent News                                                                                                               76


·Brazil hails victory on WTO drug patents accord · Patent applications in India for cloning · Electronic engineers want a bigger patent royalty · Alta Vista threatens to issue patent lawsuit ·. Patent laws for nurseryman · Off patent drugs · STN patent databases

· Sandwich patent dispute · Patenting in German universities · Patent infringement case · Basmati patent · HuCAL technology patented · SanDisk sues Micron for patent infringement · Immunosuppressant drug · Synaptic sues Euro screen for patent infringement · HemaSure wins New York blood filter patent case · Artwork sues to invalidate patents of Creo unit

Copyright and Software Protection                                                                           82

·Copyright Office announces new search system · Copyright Office received first E-books · Copyright law · Moral rights · Software patenting


Trademark and Domain Names                                                                                 83

·WIPO accuses Novartis Ag of "abusive" domain registrations · Three new domains approved · McChina restaurant beats trademark challenge from McDonalds


Key Patents                                                                                                                 84


·Stable anaesthetic · Skin disease treatment cream · Binoculars · Pressure sensors · Chat and chuck mobile phone · Lysostaphin · Digital pen · Radio signals · Deployment countermeasure system · Biological wastewater treatment plant · An improved process for producing tea concentrate · Plant-based somatotropin production technology · A process for the preparation of pharmaceutical dental formulation · A composition useful for preparing metal coated paper · A detergent composition and a process for manufacturing the same · An improved sugarcane crushing mill · A process for preparing improved wheat flour · A novel composition useful for enhancing the sensitivity of safety paper · A process for the preparation of a composition · A process for the preparation of herbal cream formulation · Anti abuser · Natural antifreeze · Protein and enzyme purification · Two-phase aerobic bacterium culture method


Technical Notes                                                                                                          91


·SMEs and intellectual property rights · Basmati patent · Emerging trends in Internet technology and business




Journal of Intellectual Property Rights

Vol 7 January 2002 pp 7-23


Intellectual Property Rights Under WTO and Animal Genetic Resources


Carlos M Correa


(Received 29 September 2001)



This article presents an overview of the international standards on IPRs set forth by the TRIPS Agreement. It considers the modalities of IPRs that may be applied to animal genetic resources (AnGRs) and discusses the main trends in relation to the patentability of genetic resources. The scope for maneuver left by the TRIPS Agreement to legislate at the national level with regard to AnGRs is considered, including the exclusion from patentability of AnGRs. The relationship between TRIPS Agreement on the Convention on Biological Diversity is examined.




Journal of Intellectual Property Rights

Vol 7 January 2002 pp 24-32



Patenting on Clove


Meenakshi Prajneshu




V K Gupta


(Revised 10 September 2001)


Clove is one of the valuable spices. The present study examines the patenting activity in clove using data from different databases, namely, US patent database, PCT database, world - wide patent database of EPO, Japanese patent database, and the Indian patent database with INSDOC and Ekaswa A and Ekaswa B patent applications databases of TIFAC. In all, there were 594 patents relating to clove. The patenting activity was largely concentrated in USA, China and Japan. The national focus of R&D and the innovative activity was also examined. Each country has evolved its own niche. The overall thrust is to make use of the properties of clove or its extract as an ingredient in flavouring food and feed products, in medicine, dentifrices, surfactants and as an essence in cosmetics. The study highlights the important technological directions and gaps for further pursuing R&D in clove.



Journal of Intellectual Property Rights

Vol 7 January 2002 pp33-45


Adoption and Implementation of Intellectual Property Rights: Experiences of Selected Countries


Sudha Mysore


(Received 6 September 2001)


The new global trade order, initiated at the Uruguay round of global trade negotiations culminated in the establishment of the World Trade Organization (WTO). One of the important prescriptions of the new trade rules in the form of Trade- Related Intellectual Property Rights (TRIPS) includes the compulsive modification of the existing Intellectual Property protection legislation with regard to agriculture especially by the developing countries. The new set of rules prescribed by WTO under TRIPS were opined to open new dimensions in the type and extent of research exchange between the nations and also aim at redefining the role of public and private research organizations. One of the important reasons for extending intellectual property (IP) protection for plants and other living organisms, it is said, is to make agriculture a commercial venture and for attracting private investment into agricultural research. The popular rationale in support of intellectual property rights (IPR) for plants has often said to be one of stimulating effect. The present study reviews the economic impact of the adoption of IP protection mechanisms in USA and Latin American countries. Results indicated that availability of IP protection is in itself insufficient in determining the rate of innovation. More important factors like the scientific base of plant breeding, market forces and demand side factors appear to have greater influence in determining the rate of introduction of new varieties. Consolidation by the multinationals in seed industry and increased seed prices were among the other significant results. The need to commercialize new plant varieties has raised the strategic importance of public germplasm and reduced its availability for other users. On the other hand, access to public germplasm by the private seed industry improved due to more formal and transparent procedures. The PBRs like many other policy instruments were favourable towards resource rich farmers than the small and marginal groups.




Journal of Intellectual Property Rights

Vol 7 January 2002 pp46-49



Brand Valuation


Amar Raj Lall and Vinod Khurana


(Received 27 July 2001)


This article aims to provide an outline of some of the issues arising in connection with brand valuation in the changing economic scenario. Types of brands, their valuation, intangible and tangible benefits of brand valuation are discussed.







Journal of Intellectual Property Rights

Vol 7 January 2002 pp50-57






The Subtle Inequalities of Copyright

Philip G Altbach

Bellagio Publishing Network (Bellagio Research and Information Centre)

The Jam Factory, 27 Park End Street, Oxford, OX1 1HU,England

(Received 25 October 2001)


The paper discusses in detail the copyright provisions in TRIPS Agreement, effects of technological advances on copyright, responsibility of copyright holders, and steps to be taken to help developing countries gain access to the world ‘s knowledge and build up their own publishing industries.



Journal of Intellectual Property Rights

Vol 7 January 2002 pp58-61


Harmonization of Patent Laws -Still a Dream?

M D Nair

    (Received 27 June 2001)


The paper discusses the need of a system, which will protect an innovation globally and will be acceptable to all nations. In fact, TRIPS Agreement is an attempt in the direction of harmonization of global patent system. Similar efforts made, particularly, at regional levels are described. The author discusses briefly about the Patent Cooperation Treaty (PCT) and its advantages.