http://nopr.niscair.res.in/handle/123456789/13054 Search the Channel search http://nopr.niscair.res.in/simple-search http://nopr.niscair.res.in/handle/123456789/13062 Title: TRIPS, WTO and IPR: Biodiversity Protection – A Critical Issue <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 153 member countries. WTO is therefore the most important body which monitors and influences working of global intellectual property rights protection in all its member countries. This opinion discusses the critical issue of biodiversity protection. <br/> <br/>Page(s): 519-521 Sat, 29 Oct 2011 22:58:59 GMT http://nopr.niscair.res.in/handle/123456789/13061 Title: The Role of Europe in the Development of Related Rights Laws <br/> <br/>Authors: Cook, Trevor <br/> <br/>Abstract: As a European intellectual property lawyer, the author is often struck by the amount of comparative analysis in the area of intellectual property which adopts US intellectual property laws, rather than European ones, as their point of comparison. This seems strange when in many respects US intellectual property laws have their own unique features and when European such laws are often more closely aligned with the laws of most other countries in the world. This series of articles aims to expand knowledge of and to explain something of European intellectual property laws; how they got to their present state, what are current hot topics in them, where they are heading and why they matter. This second article in the series will focus on related rights. <br/> <br/>Page(s): 516-518 Sat, 29 Oct 2011 22:58:59 GMT http://nopr.niscair.res.in/handle/123456789/13060 Title: Assessing the Role of Ayurvedic ‘Bhasms’ as Ethno-nanomedicine in the Metal Based Nanomedicine Patent Regime <br/> <br/>Authors: Paul, Sanjeeta; Chugh, Archana <br/> <br/>Abstract: The traditional medicine system is gaining wider popularity in the present times leading to increase in its commercialization at an international level. The present study is an attempt to analyse various facets of the patent regime of metal-based contemporary nanomedicine, with focus on Ayurvedic ‘Bhasms’ (alternative traditional medicine) used for various disease treatments. The study proposes a new dimension of understanding of Ayurvedic Bhasms as ethno-nanomedicine in the surging era of nanomedicine. The study proposes to have organized open-sourcing of the knowledge associated with Ayurvedic Bhasms, so that both, the ethno-nanomedicine as well as the emerging metal-based nanomedicine systems can co-exist symbiotically, thereby preventing misuse of traditional knowledge and promoting cumulative benefit to mankind. <br/> <br/>Page(s): 509-515 Sat, 29 Oct 2011 22:58:59 GMT http://nopr.niscair.res.in/handle/123456789/13059 Title: Rebirth of Opt-in System in Copyright: Analysis in the Light of ‘Google Books’ Controversy <br/> <br/>Authors: Ahmad, Tabrez; Choudhury, Pratik Priyadarshi <br/> <br/>Abstract: The recent copyright controversy, the Google Books litigation, has revived interest in the role that opt-in requirements can play in copyright law. Google Books sought to make every book in the English language text-searchable. To realize this goal, however, Google intended to scan the text of each such book – thereby making a copy – the right to which was vested in different persons around the world. This number of persons amounted to millions and gaining access to all was an onerous task. So, when the company failed to get permission from all the copyright owners, it gave two options to the authors either to opt-out of the copyright or agree to it by as per the result of a class action litigation. In both these circumstances, the user of the copyright had the right to exploit, without authorization, unless the copyright holder took affirmative action. It is the essence of opt-in system in copyright which reared its head once more along with this controversy. This paper critically examines the protection regime in copyright law and the philosophy of protection given to any author over his/her original creation in the light of the above mentioned controversy bearing a potential impact over the fair use doctrine in copyright law. In the present context of highly digitalized society, the dilemma is whether an opt-out system is the need of the hour or the opt-in system should regain its place. <br/> <br/>Page(s): 500-508 Sat, 29 Oct 2011 22:58:59 GMT