NISCAIR Online Periodicals Repository Collection: JIPR Vol.09(6) [November 2004]

Intellectual Property and E-commerce: How to Take Care of a Company’s Website?

Fri, 29 Oct 2004 22:58:59 GMT

Title: Intellectual Property and E-commerce: How to Take Care of a Company’s Website?

Authors: Verbauwhede, Lien

Abstract: A company’s website can be a great tool for promoting business online and for generating sales. However, as web commerce increases, so does the risk that others may copy the look and feel, some features or contents of the company’s website. The risk also increases that the company may be accused of unauthorised use of other people’s intellectual assets. This article deals with some of the basic issues that should be borne in mind before launching a website.

Page(s): 568-580

The Long Arm Jurisdiction of Courts Regarding Copyright Law in India

Fri, 29 Oct 2004 22:58:59 GMT

Title: The Long Arm Jurisdiction of Courts Regarding Copyright Law in India

Authors: Dalal, Praveen

Abstract: The aim of the article is to expound the scope of territorial jurisdictional powers of the courts, tribunals or other authorities constituted under various enactments and dealing with copyright violations in India. A holistic approach has been adopted so that real space and on-line copyright violations can be appropriately dealt with. The article further suggests a possible course to deal with violations occurring outside India through the mode of information technology and having an adverse effect on the copyright of the concerned person residing in India.

Page(s): 557-567

Experimental Use Exception: An International and Comparative Overview with a Possible Answer to The Forthcoming Indian Patent Legislation

Fri, 29 Oct 2004 22:58:59 GMT

Title: Experimental Use Exception: An International and Comparative Overview with a Possible Answer to The Forthcoming Indian Patent Legislation

Authors: Nagarsheth, Aditya

Abstract: Experimental use exception allows researchers to use patented inventions for carrying out experiments and research without taking the licence from the patent holder. Experimental use exception is a recognized exception to patent laws across the globe. However, differences arise on the nature and scope of the exception. These differences are largely dependent on the nation’s economic circumstances, capability and level of existing science and technology standards and its prospects of exploitation. Hence, United States, being an economic superpower and global leader in most of the technologies provides for an extremely limited experimental use exception to patent rights. However, for countries like India, where science and innovation is still at a nascent stage, it would be prudent to learn from history of Japan and allow an extremely broad experimental use exception to bolster research and innovation. This paper deals with the international position of exceptions to patent laws. An experimental use exception and its importance is also explained. Comparison of the present legal position in England, United States, Germany, Japan and India on experimental use exception to patent laws is also given in detail. In the end, it draws out the rationale for a broad experimental use exception for India and concludes with some emerging issues where further research is required.

Page(s): 549-556

Intellectual Property in Software: Insights for Indian Business

Fri, 29 Oct 2004 22:58:59 GMT

Title: Intellectual Property in Software: Insights for Indian Business

Authors: Mathew, Mary; Hegde, Malati; Garge, Gopi

Abstract: Amongst the challenges that actors in the software side of information technology are experiencing, none is more contentious than the issues it raises for intellectual property. The controversy pits administration against faculty, scientists against humanists and academic values against financial interests, employees against management, and software developers against corporate houses. The conflicting global intellectual property practice in the case of software has resulted in multiple schools of thought, each providing their way of how it must be managed. In this paper, three areas of concern in intellectual property practice, business, technology and legal in nature, are addressed .The paper aims to describe these concerns and provides clarity regarding the polarization of schools of thought in intellectual property practice. Through a better understanding of the global and domestic situation, the authors hope to motivate a note of concern amongst those with a weak intellectual property focus in the Indian software sector.

Page(s): 515-532