http://nopr.niscair.res.in/handle/123456789/10005 Search the Channel search http://nopr.niscair.res.in/simple-search http://nopr.niscair.res.in/handle/123456789/10010 Title: TRIPS, WTO and IPR : The Year 2009 in Retrospect <br/> <br/>Authors: Nair, M D <br/> <br/>Abstract: &nbsp; 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.&nbsp; 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 discusses about the year 2009 in retrospect. <br/> <br/>Page(s): 310-312 Mon, 28 Jun 2010 22:58:59 GMT http://nopr.niscair.res.in/handle/123456789/10009 Title: IP Audit: Way to a Healthy Organization <br/> <br/>Authors: Rastogi, Tulika <br/> <br/>Abstract: This<b style=""> </b>article aims to study intellectual property audit and its importance in the management of intellectual assets of organizations. IP audit is vital for academic and research institutions as it improves transfer of technology and reduces uncertainties in IP matters. At the same time, it is significant for corporates not only to remove uncertainties in IP but also help in IP protection and compliances. With the increasing interaction of companies and universities or public funded research institutes, review and assessment of not only their intellectual assets but also their IP policies have become imperative. Such an audit helps organizations to avoid the pitfalls and maximize value of the intangible assets possessed by these organizations without the fear of any unwarranted legal proceedings <br/> <br/>Page(s): 302-309 Mon, 28 Jun 2010 22:58:59 GMT http://nopr.niscair.res.in/handle/123456789/10008 Title: Protection of Well Known Trademarks and Weakening of Honest Concurrent User Defense <br/> <br/>Authors: Choudhary, Vivek Kumar <br/> <br/>Abstract: This paper sheds light on the protection of well known trademarks in India <i>vis-à-vis</i> various parameters and evidence requirements, primarily by way of analysing relevant case laws. In order to assess how ‘IP-savvy’ Indian courts are, this paper also shows through empirical data that the trend in Indian courts in the last few decades has consistently been pro-plaintiff while deciding intellectual property cases. Further, the paper examines the ‘honest and concurrent user’ defense against the action of passing off pertaining to trademarks’ use by analysing the latest case laws. This shows a paradigm shift regarding honest user defense in the sense that it is gradually becoming weaker; the main reasons being ‘trademark-smartness’ of trademark proprietors, advanced information technology and ease of access to information, among others. The paper also pinpoints a few exceptional cases where the courts have been more lenient in allowing this defense; pertaining to education sector in particular, on the grounds of public interest. <br/> <br/>Page(s): 293-301 Mon, 28 Jun 2010 22:58:59 GMT http://nopr.niscair.res.in/handle/123456789/10007 Title: Analysis of the Mysterious Element of Quality Control in Trademark Licensing <br/> <br/>Authors: Mittal, Raman <br/> <br/>Abstract: This article is about the practice of trademark licensing done without an exercise of quality control which in the legal parlance is known as ‘naked licensing’. The article explores the meaning, origin, forms and rationale of quality control which as per the law, the proprietor of a trademark must exercise on the activities of his licensee. There are two kinds of provisions in the Trademarks Act, 1999 as to requirement of quality control. One, direct provisions found in Sections 49(1)(b) and 50(1)(d) mandate a registered proprietor to exercise quality control over the registered user. Two, the provisions mandating quality control are implicit in other provisions of the Act such as Section 57 read with Section 9. The paper seeks to analyse the relevance of these provisions and develops an argument that the direct provisions have lost their relevance and should be taken out of the statute book while maintaining that the implicit provisions continue to be meaningful. <br/> <br/>Page(s): 285-292 Mon, 28 Jun 2010 22:58:59 GMT