http://nopr.niscair.res.in/handle/123456789/1379 Search the Channel search http://nopr.niscair.res.in/simple-search http://nopr.niscair.res.in/handle/123456789/1386 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 the readers to understand how the courts have applied the principles of intellectual property law to actual IP disputes. The cases are chosen from the cases reported in the January 2008 issue of the Patents and Trade Marks Cases (PTC), a leading case law reporter on intellectual property laws. <br/> <br/>Page(s): 245-252 Mon, 28 Apr 2008 22:58:59 GMT http://nopr.niscair.res.in/handle/123456789/1385 Title: Institutions and Capacity Building for the Evolution of Intellectual Property Rights Regime in India: III– Conformity and Enforcement Issues <br/> <br/>Authors: Kochhar, Sudhir <br/> <br/>Abstract: India favoured sui generis option to provide IPR protection to new plant varieties rather than resorting to the more stringent alternative, i.e., the patent provision. The Protection of Plant Varieties and Farmers’ Rights Act, 2001 has been enforced in India to give effect to the TRIPS Agreement vis-à-vis national scenario and needs. This paper analyses and assesses conformity of this Indian IPR law with the international agreements, treaties and conventions, and their enforcement in the country. In conclusion, much is unclear in terms of access and benefit sharing issues in the absence, so far, of (i) unconcluded intergovernmental negotiations on genetic resources, traditional knowledge and folklore, and (ii) any Indian case law on the sui generis IPR on plant varieties. <br/> <br/>Page(s): 239-244 Mon, 28 Apr 2008 22:58:59 GMT http://nopr.niscair.res.in/handle/123456789/1384 Title: Insurance Coverage in Intellectual Property Litigation <br/> <br/>Authors: Kumar, Jayant <br/> <br/>Abstract: The initial phase of technology–driven market was to protect their intangible property through intellectual property. However, the phase continued for around two decades and people realized the risk attached with intellectual property and also the cost of litigating their IP rights in the courts. Thus, there arose a need for risk management and enforcement of intellectual property. The most efficient risk management device available to intellectual property owners is insurance. Due to high cost of litigation, attorneys’ fee, damages or settlement in patent infringement litigation, the risk attached with patents is much more than any other form of intellectual property. This paper discusses the insurance as a mode of mitigating risk during patent litigation and its various modes. <br/> <br/>Page(s): 234-238 Mon, 28 Apr 2008 22:58:59 GMT http://nopr.niscair.res.in/handle/123456789/1383 Title: Farmers' Rights in Conserving Plant Biodiversity with Special Reference to North-East India <br/> <br/>Authors: Chakravarty, Sumit; Shukla, Gopal; Malla, Suman; Suresh, C P <br/> <br/>Abstract: Traditional plant varieties and wild species are disappearing irreversibly and this process has resulted in the disappearance of farming know-how and the genetic information is entailed. North Eastern states of India are also no exception in regards to genetic erosion. This is because the rights of communities, food producers and herbalists to these genetic resources are not recognized. Only with adequate recognition, protection and reward will these resources be conserved and appropriate compensation is granted to the communities. Central to this is the right to ‘Prior Informed Consent’, ensuring communities to know what they are agreeing to. A means must be found to reconcile conservation and development by involving local populations more closely in the decision-making process and by taking the interactions between ‘societies’ and biodiversity more fully into account. The Protection of Plant Varieties and Farmers' Rights (PVPFR) Act rightfully takes this into account. The Indian legislation is the first in the world to grant formal rights to farmers in a way that their control over genetic resources and their self-reliance in agriculture is not jeopardized. The innovative Indian legislation has opened up interesting possibilities for developing a platform for regulating breeders’ and farmers’ rights so that both are acknowledged and protected. The Indian law now recognizes the farmer not just as a cultivator but also as a conserver of gene pool and a breeder who has bred several successful varieties. Moreover, the recognition of tribal laws as tribal rights vis-à-vis farmers’ rights will address the conflicts between customary and statutory laws and regulations related to forest ownership and natural resource use while ensuring conservation of genetic resources by the local communities of the North East. <br/> <br/>Page(s): 225-233 Mon, 28 Apr 2008 22:58:59 GMT