http://nopr.niscair.res.in/handle/123456789/211 Search the Channel search http://nopr.niscair.res.in/simple-search http://nopr.niscair.res.in/handle/123456789/275 Title: IP Case Law Developments <br/> <br/>Authors: Thomas, Zakir <br/> <br/>Abstract: This article contains a detailed discussion of the celebrated ‘Novartis’ case, decided on 6th August 2007. There is also a copyright case on the effect of non payment of royalty on assignment of copyright and a trademark case on literary titles chosen from the cases reported in April 2007 issue of ‘The Patents and Trade Marks Cases’, a leading case law reporter on intellectual property laws. <br/> <br/>Page(s): 507-515 Wed, 29 Aug 2007 22:58:59 GMT http://nopr.niscair.res.in/handle/123456789/274 Title: The Registrability of Unconventional Trademarks in India and Sri Lanka: A Comparative Analysis <br/> <br/>Authors: Marsoof, Althaf <br/> <br/>Abstract: India and Sri Lanka, having embraced the new global economic wave have liberated their international trade policies incubating a supportive atmosphere within for foreign traders to setup business in the local markets. This new trend though beneficial to the economies of both countries, has posed many new legal issues, particularly, in intellectual property law. One important problem relates to the area of unconventional trademarks, which is of great importance to trade. This paper examines current legal provisions relating to trademarks in India and Sri Lanka and determines registrability of unconventional marks, with emphasis on colour, scent and sounds, within the existing legal framework. Legal reforms are also suggested wherever appropriate. A comparative approach has been adopted, as Sri Lanka and India are historically, culturally and geographically closely connected to each other. Further, intellectual property laws of both the countries are TRIPS compliant and thus can be conveniently considered together. <br/> <br/>Page(s): 497-506 Wed, 29 Aug 2007 22:58:59 GMT http://nopr.niscair.res.in/handle/123456789/273 Title: Anton Piller Order in UK and its Possible Implications in India <br/> <br/>Authors: Bhadra, Souvik; Majumdar, Arka <br/> <br/>Abstract: Concrete evidence is vital to substantiate one’s claim and obtain relief in any case, including those revolving round infringement of intellectual property rights. To prevent situations where the defendants might destroy the evidences on being aware of the impending legal actions, the English Courts devised a new strategy - an ex parte interlocutory injunction which enables the plaintiffs’ solicitors to enter the defendants’ premises and obtain the offending materials or documents to produce them at the trial – called the Anton Piller order. However, due to its enormous power, if not used sparingly, the Anton Piller order can be abused to a large extent. The application of Anton Piller order in India is still in nascent stage and lot many questions are still left unanswered. This paper looks into the rights and obligations of the parties, risks associated with it and the possible solutions, in perspective of the intellectual property right infringement cases. <br/> <br/>Page(s): 488-496 Wed, 29 Aug 2007 22:58:59 GMT http://nopr.niscair.res.in/handle/123456789/272 Title: Recording that Different Version – An Indian Raga <br/> <br/>Authors: Vibhaw, Nawneet; Venkataraman, Abishek <br/> <br/>Abstract: This paper discusses and critically examines the law relating to version recording rights, in the light of the contemporary trends in the Indian music industry. Version recording rights have been the subject to intense scrutiny with the music industry lobbying for deleting the provision. Certain amendments to the Copyright Act have been proposed by the Human Resources Development Ministry which has been examined. The paper, divided into five parts, gives a brief overview of the concept of copyright in the introductory part, the second part deals with the concept of adaptation in musical work which forms the basis for the concept of version recording. The third part deals with the origin of version recording rights in Indian law, under Section 52(1)(j) of the Copyright Act, and attempts to assess its impact on the music industry. The fourth part discusses the Indian case laws. The final part, conclusion, critically examines the proposed amendments with this regard and also covers authors’ views. <br/> <br/>Page(s): 480-487 Wed, 29 Aug 2007 22:58:59 GMT