NISCAIR Online Periodicals Repository Collection: JIPR Vol.16(2) [March 2011]

Role of Freedom to Operate in Business with Proprietary Products

Sat, 26 Feb 2011 22:58:59 GMT

Title: Role of Freedom to Operate in Business with Proprietary Products

Authors: Sandal, Nidhi; Kumar, Avinash

Abstract: A comprehensive Freedom to Operate (FTO) analysis requires analysing all forms of valid intellectual property (IP) rights and associated agreements and contracts to ensure that development or launch of any particular product/process in a particular market, in a particular country does not infringe any IP right of third party. FTO opinion is usually a legal advice; however, R&D organizations engaged in frequent patenting may also need to develop their in-house capability for FTO analysis. This paper illustrates methodology for FTO analysis, limited to patent rights.

Page(s): 204-209

Circumventing Complex Intellectual Property Hurdles to Enable Access to Proven Upstream Technology for Poverty Alleviation and Benefiting Resource Poor Farmers: Case Studies

Sat, 26 Feb 2011 22:58:59 GMT

Title: Circumventing Complex Intellectual Property Hurdles to Enable Access to Proven Upstream Technology for Poverty Alleviation and Benefiting Resource Poor Farmers: Case Studies

Authors: Vijayaraghavan, K; Akshat, M; Shruthi, A; Chiranth, C R

Abstract: Licensing of technologies by companies and research institutes is a recent phenomenon that has gained immense popularity in the agricultural sector, it being imperative for the research fraternity to gain access to validated technologies, enhance their product portfolio, and accelerate access to commercialization ensuring outreach of good science to farmers. Two case studies pertaining to rice and chickpea are discussed in the paper to elucidate this process.

Page(s): 200-203

Managing Intellectual Property for Agriculture Inventions in the University

Sat, 26 Feb 2011 22:58:59 GMT

Title: Managing Intellectual Property for Agriculture Inventions in the University

Authors: Sidhu, Arshdeep Kaur

Abstract: One essential function of a technology transfer office is the proactive management of intellectual property related to crops and germplasm. Most of the agriculture stations and universities over the world have established technology transfer offices to protect their own plant varieties all over the world. This paper focuses on the patent policies, technology transfer policies and special practices within the office of technology commercialization at the University of California, which, by some measures, is the largest public technology transfer program in the world

Page(s): 194-199

The Challenge of Intellectual Property Enforcement for Agriculture Technology Transfers, Additives, Raw Materials, and Finished Goods against Product Fraud and Counterfeiters

Sat, 26 Feb 2011 22:58:59 GMT

Title: The Challenge of Intellectual Property Enforcement for Agriculture Technology Transfers, Additives, Raw Materials, and Finished Goods against Product Fraud and Counterfeiters

Authors: Spink, John

Abstract: One often-overlooked aspect of intellectual property rights (IPR) strategy is the deterrence and enforcement against ‘irresponsible defendants’ including product counterfeiters. When applied to food, the consumer product fraud or product counterfeiting is referred to as food fraud, or economically motivated adulteration. While this problem is not unique to agriculture and food products, there are special circumstances and issues to consider. The objectives of this paper are to: (1) review the underlying fraud opportunities (complex and on a massive scale), including an exploration of types of fraudsters and types of fraud (near infinite); (2) review how globalization and source economies contribute to the problem; (3) review the complexity and challenges of enforcement for companies and agencies; and (4) introduce the ‘chemistry of the crime’ or the ‘crime triangle’, to shift the focus from reactionary intervention and response to proactive prevention. Five applicable case studies are included, bringing insights on the irresponsible nature of many of the fraudsters. Through its review of fraudsters and types of fraud, this study will provide information to assist with IP technology transfers and the effective enforcement of IPR. Product counterfeiting often poses a very serious public health and economic threat to agriculture and food products. There are very motivated, intelligent, resilient and aggressive fraudsters, but they can be deterred by companies or agencies focused on reducing fraud opportunities. Standard business practices—even identified best practices—often inadvertently contribute to fraud opportunities.

Page(s): 183-193