http://nopr.niscair.res.in/handle/123456789/4698 Search the Channel search http://nopr.niscair.res.in/simple-search http://nopr.niscair.res.in/handle/123456789/4886 Title: Biotechnology Patenting <br/> <br/>Authors: Kumar, Jidesh <br/> <br/>Abstract: This article deals with the latest technology to create major intellectual property problems for courts and legislatures, viz. biotechnology. It discusses the economic principles of intellectual property in the way these apply to the decision framework for new technologies. However, it is limited to patents leaving out copyright, trademarks, trade secrets and other forms of protection where other considerations come into play. The way the courts have handled core patent issues such as novelty, non-obviousness and utility in the biotechnology field is reviewed in order to explore more deeply the application of the economic principles of intellectual property, viz. incentive and access principles. It discuses the various issues in biotechnology patenting as an illustration of an economic approach to intellectual property law not limited to threshold issues. <br/> <br/>Page(s): 471-480 Sun, 29 Aug 2004 22:58:59 GMT http://nopr.niscair.res.in/handle/123456789/4885 Title: <smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="PlaceType"><smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="PlaceName"><smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="place"> Capacity Building for Innovation: Role of IP Infrastructure</smarttagtype></smarttagtype></smarttagtype> <br/> <br/>Authors: Ravindran, Sudhir Raja <br/> <br/>Abstract: The paper discusses the role of IP Infrastructure and areas that are to be addressed in capacity building for innovation. The Indian experience is benchmarked to examine and augment the role of intellectual property infrastructure, as a facilitator of innovation, According to the author, there exists a pertinent need to improve IP infrastructure in developing countries. <br/> <br/>Page(s): 462-470 Sun, 29 Aug 2004 22:58:59 GMT http://nopr.niscair.res.in/handle/123456789/4884 Title: P2P Networks: Online Piracy of Music, Films and Computer Software <br/> <br/>Authors: Mittal, Raman <br/> <br/>Abstract: With the aid of P2P technology, the vast and ever growing cyber populace has the competence of unauthorized sharing of digitized copyrighted works such as music, films and computer software without bothering to pay for them. This unauthorized sharing of copyrighted works, which is termed as online piracy, has led to massive distribution and exchange of valuable stuff, which was hitherto unknown on such a scale and magnitude. When such piracy takes place at the instance of ordinary people, copyright law is once again challenged by the latest in the series of technological innovations, i.e., digital and communications technology. In an environment where the producer-middleman-consumer chain has reached a fragile point, it becomes imperative to find a legal solution to promote creative activity in an organized manner, which secures the interests of both producers and consumers. Towards this end, this paper focuses on the sharing of works through various P2P networks such as Napster, Gnutella and Kazaa and tries to explore their social, economic and legal implications. <br/> <br/>Page(s): 440-461 Sun, 29 Aug 2004 22:58:59 GMT http://nopr.niscair.res.in/handle/123456789/4883 Title: Domain Name Disputes and Evaluation of The ICANN’s Uniform Domain Name Dispute Resolution Policy <br/> <br/>Authors: Ghosh, Sourabh <br/> <br/>Abstract: The proliferation of the Internet has led to an explosion in the number of registered domain names. With the ‘.com’ burst, there has been an increase in the number of domain name disputes leading to an anarchy in this special branch of intellectual property. ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP) is an international dispute resolution procedure that enables trademark holders to challenge the registrant of an Internet domain name, bring the name to binding arbitration and, if the challenge is successful, gain control of the name. The policy was defined in October 1999 and the first case was decided in December 1999. Since then, UDRP has gone a long way in resolving domain name disputes. However, an analysis of the decided cases under the UDRP regime tells a different story. The present paper critically analyses some of those decided cases and also highlights the lacunae in the UDRP and also provides some suggestions for the improvement of UDRP. <br/> <br/>Page(s): 424-439 Sun, 29 Aug 2004 22:58:59 GMT