http://nopr.niscair.res.in/handle/123456789/207 Search the Channel search http://nopr.niscair.res.in/simple-search http://nopr.niscair.res.in/handle/123456789/267 Title: Is the Future of Software Development in Open Source? <br/> <br/>Authors: Raju, K D <br/> <br/>Abstract: Many argue that the open source software is ‘free’ and free from intellectual property protection clutches. This paper argues that this notion is a myth when taking into account the percentage of proprietary software usage all over the world. The governmental policies and decision to support or adopt one model or the other will have a large impact on the software industry. This study substantiates that the neutrality of government promotes innovation and development rather than supporting a particular model through a cross-country analysis of Europe, Brazil, China and India. The analysis shows that more governments are making laws and policies in support of open source softwares. <br/> <br/>Page(s): 199-211 http://nopr.niscair.res.in/handle/123456789/242 Title: IP Case Law Developments <br/> <br/>Authors: Thomas, Zakir <br/> <br/>Abstract: This is an experimental column on case law developments, which will examine a few interesting cases with emphasis on how principles of law are applied to each individual case. Give us your views regarding this feature as well as feedback on the other regular features in the journal. Please send your feedback to the following email id. -----Editor sahnim@niscair.res.in <br/> <br/>Page(s): 251-256 http://nopr.niscair.res.in/handle/123456789/241 Title: Changing Dynamics of the Patent Regime: An Economic Understanding <br/> <br/>Authors: Laik, Kaushik; Raj, Rohit <br/> <br/>Abstract: ‘Protect in haste, invent at leisure’ is a sarcastic statement to subtly depict the dismal state of the present regime of patent laws. A regime that was intended to balance the societal interests with that of private individual interests has undergone a sea change over the years, with the general tendency being to cater the least for the latter. Individual firms and applicants, in general, have used the lacunas in the law to their advantage and developed a mechanism whereby the patent granted to inventions (some, being undeserving of patent protection) are so wide in ambit, that the same leaves no scope for technological innovations and competition in the particular area where the former invention belonged. Having said this, it would also be patently incorrect to assume that broad patents should be avoided at all times and that patents should always be narrow in nature. Both broad and narrow patents have their significance, the authorities need to realize this and judicially limit the breadth of patents in specific case instances. The economic rationales behind the law of patent infringement warrants due consideration and analysis. The paper is thus an endevour to comprehend the issue primarily from the aspect of economic theories, which founded the patent regime and the laws as regards infringement claims. <br/> <br/>Page(s): 244-250 http://nopr.niscair.res.in/handle/123456789/240 Title: A Study of Indian and US Trademark Law Relating to the Effect of ‘Non-Use’ of a Trademark <br/> <br/>Authors: Kahandawaarachchi, Thilini <br/> <br/>Abstract: This paper surveys the operation of user requirements and the effect of non-use of trademarks in USA and India and examines what constitutes ‘use’ of a trademark and then also examines non-use and its effects. Even though proof of use is not required in many countries for either registration or renewal it is critical for maintaining trademark rights. Generally, the right to exclusive use of a mark grows out of its use in connection with an established business or trade. The user who first appropriates the mark obtains an enforceable right to exclude others from using it, as long as the initial appropriation and use are accompanied by an intention to continue exploiting the mark commercially. Accordingly, failure to use the mark can result in a loss of that right and trademarks may be attacked on the ground of abandonment or non-use. Almost all countries in the world permit a third party to petition the Trademark Office to cancel a registration for non-use. The author briefly examines the position laid own in the Paris Convention and TRIPS Agreement with regard to the issue of non-use. However, it has to be noted that whereas the legal position regarding the issue is pretty much settled in USA, India is still at the nascent stages of development of relevant law. <br/> <br/>Page(s): 236-243