http://nopr.niscair.res.in/handle/123456789/388 Search the Channel search http://nopr.niscair.res.in/simple-search http://nopr.niscair.res.in/handle/123456789/411 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 September and October 2007 issues of the Patents and Trade Marks Cases (PTC), a leading case law reporter on intellectual property laws. <br/> <br/>Page(s): 57-64 Sat, 29 Dec 2007 22:58:59 GMT http://nopr.niscair.res.in/handle/123456789/409 Title: Institutions and Capacity Building for the Evolution of IPR Regime in India: Protection of Plant Varieties and Farmers’ Rights <br/> <br/>Authors: Kochhar, Sudhir <br/> <br/>Abstract: One of the primary steps towards the development and evolution of the national IPR regime could be building the institutions and capacity in various fields related to the IPR area, such as, research and development, enterprise, industry, general administration, and judiciary. A harmonious, efficient and effective institutional mechanism for building capacity and trained human resource would be desirable so to derive full advantage of the Indian IPR regime. There are five central ministries/departments besides two national authorities that oversee the implementation of various IPR legislations in the country. The largest nodal point is the Intellectual Property India, administered by the Patent Office and controlled by the Ministry of Commerce and Industry. The Protection of Plant Varieties and Farmers’ Rights in the country is at a juvenile stage and requires building its institutional mechanism and capacity. This paper discusses various issues and priorities related to this legislation with an urge to develop/enhance linkages and working relations between the PPV&FR Authority/ Registry and Intellectual Property India as well as other nodal agencies/R&D organizations. <br/> <br/>Page(s): 51-56 Sat, 29 Dec 2007 22:58:59 GMT http://nopr.niscair.res.in/handle/123456789/407 Title: Registration of Non-Traditional Trademarks <br/> <br/>Authors: Mishra, Neha <br/> <br/>Abstract: The paper deals with the issue of registrability of various non-traditional trademarks. Non-traditional trademarks include sound marks, odour marks, colour marks, shapes and taste marks. The paper examines the question of registrability of different types of non-traditional trademarks in different jurisdictions like US and EU by referring to landmark cases and provisions in their respective legislations. Some of the interesting cases that have been discussed include the Harley-Davison case, Sieckmann case, Shield Mark case, etc. Presently, there is no law governing non-traditional trademarks exclusively, in India. In the light of European Court of Justice (ECJ) jurisprudence and the law evolved by US courts, the author has tried to draw a picture of the future of non-traditional trademarks in India and analysed whether it could be registered or not. Reference is made to the prevailing Trademarks Act in India and the Rules framed under it. The paper also identifies reasons why non-traditional trademarks especially in case of unconventional sound marks, taste marks, odour marks, etc. might not get adequate acceptability as registered trademarks in the Indian Trademarks Registry Office. <br/> <br/>Page(s): 43-50 Sat, 29 Dec 2007 22:58:59 GMT http://nopr.niscair.res.in/handle/123456789/405 Title: Challenges to Copyrightable Work in Cyberspace <br/> <br/>Authors: Saha, Subhasis; Keshri, Sourav <br/> <br/>Abstract: Copyright has a direct relation to the sphere of cyber space. The Internet poses a large number of problems in the area of copyright protection. These challenges and the problems posed before us have to be tackled with due care and diligence, taking into consideration the situation prevailing in the era of Napster and beyond. The paper discusses the (i) meaning of cyber space, and position of Internet related problem in India, (ii) basic challenges with respect to the intellectual property, (iii) position as to why copyright is ill-equipped to deal with Internet, along with the basic problems of copyright in regard to Internet which includes determination of public and private use and the enforcement of liability, (iv) The Indian scene in regard to jurisdiction in cyberspace and finally (v) the future of copyright. <br/> <br/>Page(s): 35-42 Sat, 29 Dec 2007 22:58:59 GMT