http://nopr.niscair.res.in/handle/123456789/10209 Search the Channel search http://nopr.niscair.res.in/simple-search http://nopr.niscair.res.in/handle/123456789/10214 Title: TRIPS, WTO and IPR: Counterfeit Drugs <br/> <br/>Authors: Nair, M D <br/> <br/>Abstract: The World Trade Organization (WTO) was set up in 1995 and has been the custodian of all matters related to the implementation of the TRIPS Agreement endorsed by the 153 member countries. WTO is therefore the most important body which monitors and influences working of global intellectual property rights protection in all its member countries. This opinion discusses counterfeit drugs. <br/> <br/>Page(s): 380-382 http://nopr.niscair.res.in/handle/123456789/10213 Title: Principles Governing Damages in Trademark Infringement <br/> <br/>Authors: Negi, Astha; Thakuria,Bhaskar Jyoti <br/> <br/>Abstract: Award of damages as a relief in trademark infringement, has increasingly assumed importance in the modernized economies of the world; though grant of punitive damages is more recent. Initially, in order to restrain infringers, the courts usually granted injunction and in rare cases, granted damages. Damages are awarded to monetarily compensate the aggrieved party that has suffered injury. However, with increasing instances of piracy and growth of counterfeit goods, the courts have come to realize that awarding punitive damages may be a necessary deterrent to protect the interest of trademark holders. This article compares the principles governing damages in trademark infringement in United Kingdom, European Union, and United States of America while rendering an insight into the principle of damages as conceived under the Indian trademark law. <br/> <br/>Page(s): 374-379 http://nopr.niscair.res.in/handle/123456789/10212 Title: Cyberspace-Conflicting Jurisdictional Spheres of Litigating IPR Claims <br/> <br/>Authors: Saha, Tushar Kanti <br/> <br/>Abstract: Cyberspace<b style=""> </b>is an amorphous space which operates logically and its domain covers many areas of law and regulation including intellectual property rights infringement nuanced heavily on copyright jurisprudence and trade-related issues. IP protection in cyberspace embraces<b style=""> </b>four clusters, namely, copyright; data protection; trademark, service mark, trade name and trade dress; and domain names.The jurisdictional sphere of cyberspace assumes importance in the light of conflicting claims which are litigated in the traditional mode without a unique model of jurisprudence suitable for resolution of myriad jurisdictional issues emanating from technological innovation. A single transaction in cyberspace may involve the laws of at least three jurisdictions: (1) the laws of the state/nation in which the user resides, (2) the laws of the state/nation where the server hosting the transaction is located, and (3) the laws of the state/nation which apply to the person or business with whom the transaction takes place.The paper explores how the traditional principles of jurisdiction are being adapted to amenability of jurisdiction of cyberspace-origin cases. <br/> <br/>Page(s): 364-373 http://nopr.niscair.res.in/handle/123456789/10211 Title: Compulsory Licensing under TRIPS: How Far it Addresses Public Health Concerns in Developing Nations <br/> <br/>Authors: Gupta, Raadhika <br/> <br/>Abstract: While the TRIPS Agreement provides for the patenting of drugs, it also provides for compulsory licensing as a mechanism to check the abuse of patent rights that might flow from such a rigid patent regime. However, it was only after the subsequent Doha Declaration that the developing nations could use this provision of compulsory licensing to access drugs from the developed world. This article examines international law on compulsory licensing in patents, the extent to which it restricts the scope of developing countries in taking advantage of technology in the developed world, the space it leaves open for them to further promotion of public health and the manner in which it has been used in some developing countries. It argues that although there are a number of obstacles placed through the new patent law regime mandated by TRIPS, there is still immense scope left for the developing countries to exploit. Careful planning and policy making can enable an effective balancing of the conflicting interests of protecting patent rights and making essential drugs accessible to all. <br/> <br/>Page(s): 357-363