http://nopr.niscair.res.in/handle/123456789/3457 Search the Channel search http://nopr.niscair.res.in/simple-search http://nopr.niscair.res.in/handle/123456789/3577 Title: Protection of Intellectual Property in the Form of Trade Secrets <br/> <br/>Authors: Roy, Abhik Guha <br/> <br/>Abstract: The onset of globalization has lead to a surge in intellectual activity and thereby initiated a need for better methods on intellectual property (IP) protection. One of the forms of IP that will soon overpower other recognized forms of IP protection is ‘trade secrets’. The greatest advantage of this form of IP is that the protection provided is perpetual, thus gone are the days of limited monopoly. This new wave of protection is based on an element of trust of confidants who would maintain secrecy. But this system comes to a standstill when there is a breach of trust or confidence by confidants entrusted with such secrets or in case of companies when trusted employees are no longer in the service of the organization owning the trade secrets. This paper looks at the possible remedies that a trade secret owner who is also the employer, can get on such breach of trust or confidence. After identifying the models used by courts of developed countries, the author attempts to formulate a possible model that can be followed by Indian courts in counteracting this legal hurdle. <br/> <br/>Page(s): 192-200 Fri, 28 Apr 2006 22:58:59 GMT http://nopr.niscair.res.in/handle/123456789/3576 Title: Business Method Patents: The Road Ahead <br/> <br/>Authors: Ghosh, Abhimanyu <br/> <br/>Abstract: Business method patents (BMPs) are patents granted for particular business models, that are unique to a particular organization. United States Patent and Trademark Office (USPTO) have been granting patents for ‘business methods’ from the early 1990s. From then onwards, there have been a large number of BMPs, which have been consistently awarded in the US. However, there exists a huge debate whether this kind of patent should be granted or not – whether business models at all constitute patentable matter. In this paper, the author discusses evolution of BMPs, and argues that in spite of the criticisms, this form of patents is necessary, particularly, considering the current hi-technology scenario. The paper discusses BMPs not only from the US standpoint, but also the position taken by other countries and the repercussions of having a liberal attitude of US while granting patents to business methods, especially e-commerce transactions, which are usually mere replications of popular methods used in brick-and-mortar businesses. <br/> <br/>Page(s): 175-184 Fri, 28 Apr 2006 22:58:59 GMT http://nopr.niscair.res.in/handle/123456789/3573 Title: Some Reflections on Patent Search: A Case Study of Medicinal Plants of India <br/> <br/>Authors: Soam, S K; Rashmi, H B <br/> <br/>Abstract: The current changes in legal and administrative framework of patents and other forms of intellectual property at global and national level have brought changes in organizational and individual attitude towards protection and continuous monitoring of IPRs generated by them. These changes also brought out economy and efficiency in generation of technology or intellectual worth. The latest probing technique such as patent searching has been demonstrated as one of the most effective ways to attain these objectives. This paper also describes constraints and opportunities in conducting patent search using free Internet websites EPO and USPTO with the illustrative analysis of medicinal plants of India. <br/> <br/>Page(s): 207-213 Fri, 28 Apr 2006 22:58:59 GMT http://nopr.niscair.res.in/handle/123456789/3570 Title: Piracy of Trade Dress and the Law of Passing off: National and International Perspective <br/> <br/>Authors: Sahay, Shantanu <br/> <br/>Abstract: This paper deals with the meaning and connotation of trade dress and growing dimensions with respect to the scope of its definition which has expanded to include hotel design, virtual trade dress, etc. The possible mechanisms to deal with trade dress infringement and protection with respect to passing off are also discussed. The scope of trade dress infringement with respect to passing off has been highlighted by various courts in the US and in a particular case, the US Supreme Court brought passing off protection within the scope of the statute itself. These relevant instances within the US and English laws with respect to passing off cases are examined. Finally, the Indian context, which is largely based upon the UK laws, is reviewed with reference to a recent case law in this regard. <br/> <br/>Page(s): 201-206 Fri, 28 Apr 2006 22:58:59 GMT