http://nopr.niscair.res.in/handle/123456789/3488 Search the Channel search http://nopr.niscair.res.in/simple-search http://nopr.niscair.res.in/handle/123456789/3865 Title: The Patents (Amendment) Act, 2005 and TRIPS Compliance–A Critique <br/> <br/>Authors: Pillai, Manoj <br/> <br/>Abstract: The main objective behind the introduction and passing of the Patents (Amendment) Bill, 2005¹ was to meet India’s deadline, 31 December 2004², to comply with the TRIPS Agreement. While the Ordinance attempted to make the Indian patents law TRIPS compliant rather literally, the Patents (Amendment) Act, 2005 (hereinafter ‘the Act’) deviated from the Ordinance in certain fundamental respects. This note analyses the difference in the ‘language of law’ between the Ordinance and ‘the Act’. An attempt has also been made to analyse the implications of the amendments proposed in the Act to ascertain if the Act makes the Indian patents law TRIPS compliant. <br/> <br/>Page(s): 235-238 http://nopr.niscair.res.in/handle/123456789/3656 Title: Patent Analysis as a Tool for Research Planning: Case Study <br/> <br/>Authors: Phadnis, Rashmi; Hirwani, R R <br/> <br/>Abstract: The availability and ready access to computerized patent databases makes it possible to discover trends and relationships in research. Not all research gets published in papers and a lot of information is made available to the public through patents, a detailed analysis of patents granted on a particular area of research can provide some missing information. By analysing the patents and studying the prior art, the research gaps can be identified and the research work to be taken up can be focused. The main aim of the work presented in this paper is the application of patent analysis in research planning. For this purpose, tea, which has gained importance over the years for its medicinal properties, has been taken as a case study. Studying the synthesis and accumulation of catechins is the focus of research not only in India but also worldwide. Hence, a complete analysis of the patents granted on the work related to research on the steps of metabolic pathway of catechin was done and the results are presented in this paper. The analysis has been done using various criteria, like the patenting trend over the years, a comparison of the assignees playing a major role, a comparison of the technology used in different patents and the patenting activity across the groups. <br/> <br/>Page(s): 221-231 http://nopr.niscair.res.in/handle/123456789/3655 Title: International Patent Law Harmonization–—A Search for the Right Balance <br/> <br/>Authors: Baechtold, Philippe; Miyamoto, Tomoko <br/> <br/>Abstract: While international patent law harmonization has been an issue in progress since the conclusion of the Paris Convention in 1883, it is facing new challenges due to the increased use of the patent system in the knowledge-based economy and the growing sensitivity to the patent system’s social and economic role for society. This paper addresses the historical development of international norm setting at the World Intellectual Property Organization (WIPO), including the ongoing negotiations on the draft Substantive Patent Law Treaty (SPLT), and highlights today’s international challenges surrounding the international patent system. The paper further examines a number of features that appear to be fundamental for a well-balanced patent system serving society as a whole, while supporting innovation. It concludes with some suggestions that may be considered for any future work in this area in order to find common ground in terms of bringing closer the operational principles of patent law and practices at the international level. <br/> <br/>Page(s): 177-187 http://nopr.niscair.res.in/handle/123456789/3654 Title: Intellectual Property Licensing: Discovering its Facets <br/> <br/>Authors: Mehlwal, Geetanjali <br/> <br/>Abstract: The intangibility of intellectual property ensures returns to its owner, even after it has been offered to one party. It is said that the economic potential of a work determines the extent to which a work may be exploited. Accordingly, licensing is being looked as one of the most ‘rewarding’ aspects of intellectual property creation. Today, be it music, machines or software, most creators consider licensing as the next step for their creation. An intellectual property (IP) licence must reflect the quintessential element of all licensing agreements, that is, ‘a meeting of the minds’. It is noteworthy how the IP licensing process has evolved into a well-recognized source of national income. However, in the absence of an IP protection regime, international licences would be futile as individuals or companies would not be willing to pay for something that they can obtain without running the risk of accounting for their use to the IP owner(s). Countries have devised their own mechanisms to deal with IP theft of their corporations in other countries. International laws are also playing an instrumental role in combating the problem. Knowing one’s partner is vital for both the parties involved in licensing. This paper deals with the basic concepts of IP licensing and its importance. It also underlines the revenue generating power of IP with the global rise. For a practical understanding of the subject, the paper elucidates points for parties to bear in mind while drafting licensing agreements and the predominant types of IP licences in the market today. <br/> <br/>Page(s): 214-220