http://nopr.niscair.res.in/handle/123456789/213 Search the Channel search http://nopr.niscair.res.in/simple-search http://nopr.niscair.res.in/handle/123456789/283 Title: IP Case Law Developments <br/> <br/>Authors: Thomas, Zakir <br/> <br/>Abstract: This article attempts to summarize some of the recently reported cases on intellectual property law to enable the readers to understand how the courts have applied the principles of intellectual property law to actual IP disputes. The cases are chosen from the cases reported in May and July 2007 issues of the Patents and Trade Marks Cases (PTC), a leading case law reporter on intellectual property laws. The June issue of PTC contains only index of cases. <br/> <br/>Page(s): 589-597 http://nopr.niscair.res.in/handle/123456789/282 Title: Keeping Cashmere in Kashmir- The Interface between GI and TK <br/> <br/>Authors: Gopalan, Raguvaran; Sivakumar, Sindhu <br/> <br/>Abstract: This paper focuses on the legal issues involved in one source of wealth in Kashmir- the famous ‘pashmina’, one of the most refined forms of cashmere. Problems and possibilities involved in the protection of traditional knowledge accumulated over the ages which goes into the manufacture of the ‘pashmina’ fabric to understand how the common man in Kashmir may be secured from detriment that might be caused due to the possible unjustified exploitation of such traditional knowledge are also discussed. In this process, the broader argument of whether geographical indication is effective as the sole means of protection of traditional knowledge is also examined. <br/> <br/>Page(s): 581-588 http://nopr.niscair.res.in/handle/123456789/281 Title: A Critique of the Indian Law and Approach towards Protection of Geographical Indications with Specific Reference to Genericide <br/> <br/>Authors: Reddy, J Adithya; Chatterjee, Siladitya <br/> <br/>Abstract: The TRIPS Agreement prescribes minimum standard of protection for geographical indications (GIs) and additional protection for wines and spirits. The lack of uniform international protection, along with inability to reach global consensus to remedy this, has placed many GIs under the threat of becoming generic. Especially, the ones produced by backward, rural communities in developing countries like India, have been vulnerable to exploitation by large commercial enterprises through patenting. The Indian statute along with its rules has adapted a strong scheme of GI protection, mostly on the lines of the European Regulations. However, certain features of the Act merit serious consideration, the most important being the broad criteria given to determine genericide. The requirement to consider the situation outside the country of origin to determine such genericide, is avoidable and potentially harmful. <br/> <br/>Page(s): 572-580 http://nopr.niscair.res.in/handle/123456789/280 Title: Modern Patenting – Quantity and Quality <br/> <br/>Authors: Roberts, Gwilym <br/> <br/>Abstract: his paper discusses the current debate on ‘quality patents’ against the backdrop of a practical assessment of the considerations that go into drafting patent applications together with an example of how the drafting process might go forward, demonstrating the amount of care that needs to go into these documents and attempting to undermine the suggestion that there is a problem with the quality of patents. It also highlights the delicate balance that needs to be struck between commercial and legal requirements in a patent application, stresses that although numerous considerations need to be taken into account simultaneously, those considerations are manageable, and clearly shows the skill that the attorney must demonstrate. <br/> <br/>Page(s): 562-571