http://nopr.niscair.res.in/handle/123456789/6684 Search the Channel search http://nopr.niscair.res.in/simple-search http://nopr.niscair.res.in/handle/123456789/6708 Title: <smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="place"><smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="City"> TRIPS, WTO and IPR - How Far Have We Gone With the DOHA Round? </smarttagtype></smarttagtype> <br/> <br/>Authors: Nair, M D <br/> <br/>Abstract: The World Trade Organization (WTO) was set up in 1995 and has been the custodian of all matters related to the implementation of the TRIPS Agreement endorsed by the 152 member countries. WTO is therefore the most important body which monitors and influences working of global intellectual property rights protection in all the member countries. This issue covers how far we have gone with the DOHA round. <br/> <br/>Page(s): 542-543 http://nopr.niscair.res.in/handle/123456789/6707 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 readers to understand how the Courts have applied the principles of intellectual property law to actual IP disputes. In this article, widely discussed cases on, copyright law and patent law are covered. <br/> <br/>Page(s): 532-541 http://nopr.niscair.res.in/handle/123456789/6706 Title: Indian Perspective of Fair Dealing under Copyright Law:<i style=""> Lex Lata</i> or <i>Lex Ferenda</i>? <br/> <br/>Authors: Sharma, Ayush <br/> <br/>Abstract: <smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="place"><smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="country-region"> Fair dealing is an important concept in Indian copyright law. However, despite its importance in the copyright regime and the importance of the copyright regime to advancement of technology, the concept remains relatively unexplored in India. The Americans, on the other hand, have been rapidly refining their concept of fair use over the past decades. Has the Indian Judiciary benefited from the American experience? This article attempts to explore the historical roots of copyright law and fair dealing in India, its <i>raison d'àtre</i>, the statutory and primarily the judicial treatment of the concept. It also discusses the attitude of the Indian judiciary to the defence of fair dealing, in the light of American jurisprudence. The article concludes to say that though the Indian courts have borrowed the factor analysis method in the assessment of fair dealing from US and have also adopted a disciplined approach in dealing with this defence, Indian copyright jurisprudence is still awaiting its watershed equivalent of <i>Folsom </i>v<i> Marsh </i>to address fundamental issues about the purpose, meaning and application of the Indian law on fair dealing. The role of fair dealing in the overall scheme of Indian copyright law regime remains to be defined. </smarttagtype></smarttagtype> <br/> <br/>Page(s): 523-531 http://nopr.niscair.res.in/handle/123456789/6705 Title: Importance of Assignment Agreements under Intellectual Property Laws in India <br/> <br/>Authors: Chakravarty, Sindhura <br/> <br/>Abstract: <smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="State"><smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="country-region"><smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="place"> A well-established statutory, administrative and judicial framework exists in India to safeguard intellectual property, relating to patents, trademarks, copyright or industrial designs.¹ An important aspect of these laws deals with assignment agreements. An assignment agreement is an intellectual property (IP) transaction that deals with the ownership and disposition of intellectual property rights as well as with the control over the use of or access to intellectual property. This paper attempts to briefly explain assignment agreements in general terms as well as the essential requirements for assignment agreements under the Indian Contract Act, 1872, and the Indian Stamp Act, 1899. It discusses in detail the sections pertaining to assignment agreements in the legislations on Intellectual Property Law in India. It also provides information regarding the forms through which assignment of the intellectual property can be registered. The Madrid protocol and the rules regarding assignment of trademarks in the international forum have also been discussed. </smarttagtype></smarttagtype></smarttagtype> <br/> <br/>Page(s): 513-522