NISCAIR Online Periodicals Repository Collection: JIPR Vol.09(4) [July 2004]

Neighbouring Rights Protection in India

Mon, 28 Jun 2004 22:58:59 GMT

Title: Neighbouring Rights Protection in India

Authors: Pandey, Sanjay

Abstract: It is not possible to segregate copyright and neighbouring rights so as to provide a separate legal regime for protection of neighboring rights. International developments in this area of intellectual property have created so much trade interest that World Intellectual Property Organization (WIPO), and World Trade Organization (WTO) stand together on the issues of protection and compel the member-countries to bring their domestic laws in conformity with international commitment that facilitates trade. This shows that neighbouring rights have acquired a status, from which no relegation is possible now, what is left is to move further and devise stringent legal regime to strengthen these intermediary rights. Both the treaties, WCT and WPPT, particularly deal with the use of copyright protected works, performances and sound recordings in digital networks, such as the Internet. Authors, performers and phonogram (i.e. record) producers are granted a broadly worded exclusive right of communication to the public, covering interactive services and delivery on demand. Still a lot needs to be done to cope up with the developing aspects of neighbouring rights. The world looks ahead to WIPO webcasting treaty in order to see a bright dawn of the neighbouring rights protection regime. In this paper, an attempt has been made to highlight and identify protection regime for the neighbouring rights under the Copyright Act, 1957, in India. The paper also explains the concept of neighbouring rights, its Indian context and the protection regime, loopholes and remedies.

Page(s): 356-370

System Perspective for IPR Protection in The Plant Kingdom

Mon, 28 Jun 2004 22:58:59 GMT

Title: System Perspective for IPR Protection in The Plant Kingdom

Authors: Kochhar, Sudhir

Abstract: Increasing degree of human intervention and innovativeness in the plant kingdom in the course of evolution and development has led to enhanced economic relevance of the agriculture sector. Whereas the conventional agricultural practices based on the traditional knowledge of local farming and tribal communities continue to provide potential genetic resources to develop and improve plant varieties, the commercial agriculture is valued for its scientific and industrial approaches. In pursuit for development, intellectual property investments in agricultural research may have conspicuous relationship and striking balance with the utilization of genetic resources. Developing countries have been advocating for over two decades to allow the equitable benefit sharing to be treated at par with the application of IPR. Concerns for IPR and benefit sharing are addressed by the TRIPS Agreement and the CBD whereas UPOV provides standards and guidelines for the IP protection of plant varieties. India has opted for a sui generis plant variety protection (PVP) system and patent protection is available for other fields of agricultural technology. The PVP allows research and breeding exemption of the protected varieties. The sui generis system recognizes deemed prior rights of local communities and farmers on the genetic resources and provides compensation on equitable basis. The Indian patent system too recognizes the need for disclosure of the source of genetic resources used and the traditional knowledge associated with such use, if any. In a system perspective, this paper attempts to highlight points of convergence and divergence of IPR and benefit sharing related provisions, issues and concerns in relation to plant kingdom.

Page(s): 342-355

Research Exemptions in Patent Law

Mon, 28 Jun 2004 22:58:59 GMT

Title: Research Exemptions in Patent Law

Authors: Chakravarthy, Kalyan; Pendsey, Nandan

Abstract: Providing exemptions from infringement for research on patents is equally important as granting exclusive rights to inventors. Both play a crucial role in encouraging the progress of science and technology. While exclusivity in patent rights encourages invention and innovation by providing economic incentives, exemptions for research encourage innovative improvement, testing and use of patented inventions. Research exemptions boost competitive spirit and promote further development in targeted fields of technology. In order to achieve efficient progress in science and technology, a proper balance must be struck between the patentee's rights and the exemptions granted for research. Various countries have been struggling to draw a line that defines the proper balance. The US allows a very narrow exemption for research that is limited to philosophical use and idle curiosity, but a much wider exemption is available under Indian patent law. In both USA and India, generic drug companies enjoy an exemption for research in order to develop information for drug approval, but the scope of exemption varies distinctly. This paper comparatively describes the patent law on research exemptions in India and USA with an intent to point out the differences and to suggest an ideal law that would properly balance the interests of research and exclusivity in order to achieve optimum progress in science and technology.

Page(s): 332-341

Digital Rights Management: An Integrated Secure Digital Content Distribution Technology

Mon, 28 Jun 2004 22:58:59 GMT

Title: Digital Rights Management: An Integrated Secure Digital Content Distribution Technology

Authors: Ghatak, P; Tripathi, R C; Chakravarti, A K

Abstract: The ability to distribute copyrighted works in digital form through high capacity prerecorded disks (CD ROMs, DVDs etc.) and Internet-enabled transmissions have brought new challenges to the protections of such content from unauthorized copying and use. Technological advancements in this regard are reviewed. Despite the ease with which digital content owners can now transfer data, images, music, video and multimedia documents across the Internet, current technology does not let them protect their rights to the works, which has resulted into widespread music and video piracy. In fact, although the Internet permits widespread dissemination of digital content, the easy-to-copy nature of digital data limits content owners’ willingness to distribute their documents electronically. Digital Rights Management (DRM) technology is a key enabler for the distribution of digital content. DRM refers to protecting ownership/copyright of electronic content by restricting the extent of usage an authorized recipient is allowed in regard to that content. DRM technology has historically been viewed as the methodology for the protection of digital media copyrights. But DRM technology products can be leveraged to address much larger issues, including the control of rights and usage permissions of content and digital information. DRM presents the opportunity to package, price, distribute and sell content in many new ways that have never been possible before. The paper discusses about the digital medium, digital watermarking, copy protection techniques (CPT), important legal developments and issues, court cases, DRM applications, DRM technology overviews, and DRM enabling technologies and standardization. It also discusses about the initiative taken by the Department of Information Technology for a watermarking project.

Page(s): 313-331