http://nopr.niscair.res.in/handle/123456789/3455 Search the Channel search http://nopr.niscair.res.in/simple-search http://nopr.niscair.res.in/handle/123456789/3556 Title: Conceptual Issues of Global Counterfeiting on Products and Services <br/> <br/>Authors: Bosworth, Derek <br/> <br/>Abstract: Counterfeiting is a global problem of enormous magnitude. Despite its obvious importance, relatively little attention has been paid to the management of counterfeiting. This paper considers the difficulties of measuring counterfeiting and provides evidence of the magnitude of the problem worldwide. The focus is on counterfeiting of privately produced goods and services, rather than the issue of the counterfeiting of currency per se, which is a somewhat different though related issue. A conceptual framework of the private and social costs and benefits of anti-counterfeiting measures is also provided. The framework highlights a number of key driving forces of counterfeiting, including existence of unsatisfied demand at the prevailing prices – a demand that is fuelled by advertising and other promotional activities. The paper draws on a range of conceptual and empirical work to develop an agenda of items for company policy makers. <br/> <br/>Page(s): 15-21 http://nopr.niscair.res.in/handle/123456789/3555 Title: Proprietary Rights or Common Property? — The Dilemmas of Copyright Protection of Case-Law Reporters <br/> <br/>Authors: Tiwari, Anu; Rajan, Shruti S <br/> <br/>Abstract: Law reporters have long been an integral part of the legal fraternity, being the principal source of communicating judicially evolved laws; forming fundamental basis for academic research as well as locating precedents within the litigation arena. Their enhanced electronic availability has led to obvious questions regarding their ambiguous status under copyright legislations, both with respect to protection afforded for individual components like headnotes, indices, etc., as well as of the entire reporter. Such deadlocks in statutory law have spawned extensive litigation in countries like US, Canada, UK, India, etc. In an attempt to put forth a comparative legal analysis, this paper looks into foreign jurisdictions to unravel the flux in the Indian copyright law on law reporters, preceded by a cursory understanding of macrocosmic standards of originality and the consequent qualification for copyright protection. The paper concludes with an assessment of the various reasons for which law reporters must be accorded copyright or some other form of proprietary rights over their databases, thereby assisting in the proliferation of technically superior reporters. <br/> <br/>Page(s): 33-42 http://nopr.niscair.res.in/handle/123456789/3554 Title: Human Rights, Knowledge and Intellectual Property Protection <br/> <br/>Authors: Cullet, Philippe <br/> <br/>Abstract: Human rights and intellectual property protection are two distinct areas of law and have largely evolved separately over time. Nevertheless, a number of links between the two can be identified. On the human rights side, the question of recognition of a human right to intellectual property has been a topic of increasing debate since the adoption of TRIPS Agreement. This falls within the context of the increasingly visible impacts of intellectual property rights on the realization of human rights such as the right to health and in the context of Article 15(1) of the Covenant on Economic, Social and Cultural Rights (ESCR) which provides a framework for addressing the place of knowledge and intellectual development in a human rights context. This article focuses on recent developments concerning the understanding of Article 15(1) of the Covenant and focuses on the need to find a balance between the claims of intellectual property rights holders and all other actors making contributions to intellectual development, such as traditional knowledge holders. <br/> <br/>Page(s): 7-14 http://nopr.niscair.res.in/handle/123456789/3553 Title: India’s Tryst with TRIPS Continues! <br/> <br/>Authors: Pillai, Manoj; Kumar, Sushil; Kumar, Rajeev; Agarwal, Pallavi <br/> <br/>Abstract: This short note discusses the politics of TRIPS compliance and legal intricacies involved in India’s attempt to read further limitations into TRIPS. It further explains how hard the Committee (entrusted with the task of reading further limitations into TRIPS) will find its tight rope walk. Will the Committee’s Report open the pandora’s box yet again? – the box this time contains all sorts of controversies on pharmaceutical patents! <br/> <br/>Page(s): 53-56