http://nopr.niscair.res.in/handle/123456789/3487 Search the Channel search http://nopr.niscair.res.in/simple-search http://nopr.niscair.res.in/handle/123456789/3625 Title: Patenting in Micromagnetic Sensors <br/> <br/>Authors: Pal, S K; Madhukar, A; Mitra, A <br/> <br/>Abstract: Patents are a rich source of technical and commercial information. Patent analysis provides information on the nature and growth of the industry and market leaders. It also helps to develop the technology roadmap, emerging areas of research and company to develop a competitive intelligence tool to maintain a better position of the company in the market place. This paper highlights the results of such a study in the area of micromagnetic sensors. The analysis indicates that 40% of the magnetic sensor patents are granted in the area of micromagnetic sensors, which is an emerging technology area. The researchers of IBM have been most active in the field and have made considerable thrust on patenting in the Magneto-Resistance (MR)/Giant Magneto-Resistance (GMR) sensors. Technological trends indicate the growth of Magneto-Impedance (MI)/Giant Magneto-Impedance (GMI) based sensors due to their promising application, particularly, in medical electronics, automobiles and intelligent transportation system. <br/> <br/>Page(s): 99-105 Sat, 26 Feb 2005 22:58:59 GMT http://nopr.niscair.res.in/handle/123456789/3622 Title: Trademark Law: Is Europe Moving Towards an Unduly Wide Approach for Anyone to Follow the Example? <br/> <br/>Authors: Torremans, Paul Leo Carl <br/> <br/>Abstract: In recent years, European Trademark Law has often been cited as an example of a modern trademark law that takes into account the needs of business and can be used as an example by other countries as a modern implementation of the standards found in the TRIPS Agreement. This paper looks at recent European developments in the area of the registration of various kinds of trademarks, such as colour, sound and smell marks. Particular attention is paid to the question: how these new types of marks meet the criteria for registrability and what would be the consequences of their registration? Caution is suggested in this respect and whilst there may be sound policy and business reasons to follow the European example in accepting these kinds of marks in principle, it is also suggested that strict safeguards need to be built in by any Asian legislature that wants to go down this path to avoid overly broad marks. In Europe, these safeguards had to be introduced by the Court of Justice in the Sieckmann case, which could be seen as a retraction of the original permissive approach. Any country going down the same path would be well advised to introduce these criteria and safeguards straight away. <br/> <br/>Page(s): 127-132 Sat, 26 Feb 2005 22:58:59 GMT http://nopr.niscair.res.in/handle/123456789/3621 Title: Employer’s Copyright vis-à-vis Author’s Right: An Unresolved Legal Dilemma <br/> <br/>Authors: Kumar, Harsh <br/> <br/>Abstract: This article explores the protection to authors-employees and freelancers-in India in the light of the recent US decision in the Tasini case. Traversing the history and context of the Tasini case, particularly, explaining the court’s philosophy behind the recognition of a freelancers right over his employer/publisher, the paper highlights the concept of authorship in India and the significant differences in the manner employees and freelancers are treated under the Indian legal system. <br/> <br/>Page(s): 112-118 Sat, 26 Feb 2005 22:58:59 GMT http://nopr.niscair.res.in/handle/123456789/3620 Title: International Intellectual Property, Conflicts of Laws, and Internet Remedies <br/> <br/>Authors: Geller, Paul Edward <br/> <br/>Abstract: The notion of territoriality, as applied within the classic framework of conflicts analysis, is ambiguous. This ambiguity is illustrated by cross-border torts, for example, the infringement of intellectual property. Classic conflicts analysis allows for localising such infringement at diverse spots, for example, where acts triggering infringement occur or where damages take place. This ambiguity is not often troublesome in a world of hard copies or products, but it leads to problematic cases in cyberspace where transactions cross borders worldwide almost instantaneously. Following classic conflicts analysis, courts tend to vacillate between different arguable countries of infringement, and they thus risk applying the law of one country or another arbitrarily across any global network. This article proceeds from the framework of interest analysis that would resolve any conflict of laws by considering the public policies of the jurisdictions with stakes in the outcome of the resolution. Its premise is that diverse interests from one country to the other are best optimized by following the public policies that underlie the community emerging between countries in the relevant field of law. In the field of intellectual property, courts best look to how policies underlying the international treaty regime, effectively the Berne-Paris/TRIPS regime, compel remedies. As a rule, these policies favour applying the laws of the countries whose markets are targeted or prejudiced, respectively, as bases for injunctions or compensatory monetary awards. Exceptionally, the law common to most of the overall marketplace being targeted may be applied, notably as the basis for enjoining the global hemorrhaging of protected matters. <br/> <br/>Page(s): 133-140 Sat, 26 Feb 2005 22:58:59 GMT