http://nopr.niscair.res.in/handle/123456789/2988 Search the Channel search http://nopr.niscair.res.in/simple-search http://nopr.niscair.res.in/handle/123456789/3071 Title: Methodology of Claim Construction after Phillips v AWH Corp: The Need for an Alternative Approach <br/> <br/>Authors: Ramanujan, Adarsh <br/> <br/>Abstract: Patents are considered as one of the most important and critical intellectual properties. This is so not just because patents serve to develop scientific temper and thereby result in scientific progress, which is very critical for any civilization to develop. This is also because, economically, patents are the most reaping. The emergence of the TRIPS regime has only served to underscore its significance. Given that patents are of much significance, patent claims, which define the area of the patentee’s monopoly – play the most important role. Despite their significance, the author feels that patent claims have not received as much importance as they deserve. This is especially so with reference to principles of claim construction. World over, courts and patent offices seem to be meandering and wavering in their approaches towards claim construction and the USA is no exception. This article attempts to critically analyse the recent en banc decision of the Federal Circuit in Phillips v AWH Corp and trace the evolution of principles of claim construction as applied in the USA. The implications, ramifications and faults with the approach in the Phillips case are observed and the author has proposed an alternative approach to construe and interpret claims. <br/> <br/>Page(s): 28-45 http://nopr.niscair.res.in/handle/123456789/3069 Title: Parallel Imports and Trademark Law <br/> <br/>Authors: Jain, Sneha <br/> <br/>Abstract: Parallel importation has assumed much importance with the opening up of global markets and effective implementation of price differentials. While exponents of this practice often quote economic benefits that accrue to the ultimate consumers as a result of parallel importation, its critics usually assert monopoly rights of the owner over his products and their disposition. In this context, a study of the avenues available, especially under trademark law, to the owner to protect his rights and the exceptions thereto are imperative. The paper outlines concept of trademark, its territorial application, and principle of exhaustion as a counter measure against stifling effect of trademark territoriality. It identifies parallel importation as a practise that exploits the principle of exhaustion. Discussion on advantages and disadvantages of parallel importation has lead to the conclusion that a via media needs to be adopted to ensure a balance between owner’s right and consumer’s interest. The rules regulating parallel importation in two major jurisdictions, United States and European Union (more aptly the European Economic Area) are discussed followed by the Indian position. Due to the lack of discussion on the topic by jurists or by judiciary, there is ample room for creative arguments from both sides of the debate. <br/> <br/>Page(s): 14-27 http://nopr.niscair.res.in/handle/123456789/3068 Title: Basics of Writing Patent Non-Infringement and Freedom-to-Operate Opinions <br/> <br/>Authors: Nagori, B P; Mathur, Vipin <br/> <br/>Abstract: Non-infringement and freedom-to-operate (FTO) opinions are legal advice given by a patent attorney with an objective to avoid infringement of other’s patent(s) by his client. These opinions set forth the attorney’s viewpoint on the non-infringing position of the client’s proposed product/process/technology. The basics of writing both the opinions are same except that rendering a FTO opinion requires comprehensive searching of existing relevant patents by the attorney, whereas a non-infringement opinion is rendered on one or more relevant patents already identified by the client. In a competent non-infringement or FTO opinion, the patent attorney analyses each claim of every identified relevant patent in a step-by-step manner through a process called as infringement analysis. The infringement analysis is based upon certain legal principles, which help the attorney in determining non-infringing position of the client’s proposed product/process/technology. Nowadays non-infringement or FTO opinions are frequently used as important business strategic tools by companies since these opinions assist greatly in critical decision areas like launching of a new product, acquisitions and mergers, contract manufacturing and designing of R&D strategy. <br/> <br/>Page(s): 7-13 http://nopr.niscair.res.in/handle/123456789/3064 Title: Analysis of the Commercial Use of Spanish Inventions Protected by Patents between 1996 and 2006 <br/> <br/>Authors: Hidalgo, Antonio <br/> <br/>Abstract: Patents are indicators of the organization’s output and reflect its level of technological development. Today they have become a key commercial asset, which is why there is increasing interest in their study from the perspective of their monetary value and their economic use. However, the exact number of actually used patents and their actual implementation is not known. In this study, the level of commercialization of Spanish patents granted by the Spanish Patent and Trademark Office (SPTO) during the period 1996-2006, and their rate of economic return has been identified and analysed for the agents developing them. The results obtained show there is still a wide margin for the economic agents to make more efficient use of this intellectual property tool. <br/> <br/>Page(s): 63-69