NISCAIR Online Periodicals Repository Collection: JIPR Vol.14(4) [July 2009]

TRIPS, WTO and IPR - How Effective is the Dispute Settlement Process ?

Sun, 28 Jun 2009 22:58:59 GMT

Title: TRIPS, WTO and IPR - How Effective is the Dispute Settlement Process ?

Authors: Nair, M D

Abstract: The World Trade Organization (WTO) was set up in 1995 and has been the custodian of all matters related to the implementation of the TRIPS Agreement endorsed by the 152 member countries. WTO is therefore the most important body which monitors and influences working of global intellectual property rights protection in all the member countries. This issue covers effect of dispute settlement process.

Page(s): 346-348

Challenges in Creation and Management of Knowledge Capital in Technical Educational Institutions

Sun, 28 Jun 2009 22:58:59 GMT

Title: Challenges in Creation and Management of Knowledge Capital in Technical Educational Institutions

Authors: Sinha, Babita; Joshi, Himanshu; Ghosh, P K

Abstract: The global knowledge economy has put the focus on local centres of economic growth and depends on the capacity of institutions and organizations to continually reinvent and reconfigure themselves and their environment. In this context, certain parameters were taken into consideration for a better understanding of how institutions deploy their core resources and competencies towards IP creation and management. This paper examines some of the challenges faced in IP creation for India and suggests approach to effectively manage the knowledge capital. In particular, the objectives of the study are assessment and identification of issues in creation of IP in technical institutions, and finding appropriate measures to address these issues.

Page(s): 340-345

Intellectual Property Protection at Border

Sun, 28 Jun 2009 22:58:59 GMT

Title: Intellectual Property Protection at Border

Authors: Lakshmi, V Vijay; Patro, Aravind M

Abstract: Protection of the property within the territory or across the border has equal significance. Laws of property are intended to protect owners of property against a variety of unlawful uses by the third parties. These laws include laws dealing with corporeal property and incorporeal or intangible property. Intellectual property comes under the later category. One of the objectives of making or manufacturing goods is trade and trade includes international trade also. In recent times, it is seen that international trade in pirated works and counterfeit goods is increasing at an alarming rate, causing substantial loss to the rights owner and the government. Thus, traditional customs laws need fortification. Similarly, intellectual property rights (IPR) dealing with copyright, patents and trademarks require introduction, substitution or amendment of new rules. These measures would enhance efficacy of existing regulations thereby enabling the authorities to arrest illegal trade across the border. This study is an analysis of the protection of IPR under the customs laws and IPR legislation. Global perspectives and the new Customs Rules of 2007 are also discussed.

Page(s): 330-339

Striking a Balance between Liability of Internet Service Providers and Protection of Copyright over the Internet: A Need of the Hour

Sun, 28 Jun 2009 22:58:59 GMT

Title: Striking a Balance between Liability of Internet Service Providers and Protection of Copyright over the Internet: A Need of the Hour

Authors: Mishra, Priyambada; Dutta, Angsuman

Abstract: With the advent of ‘World Wide Web’, the Cyberspace has spread its tentacles throughout the globe bringing in its wake highly controversial issues. Despite advantages of this matrix of immense utility, the Internet poses potential threat to the Internet Service Providers (ISPs) of incurring liability for no fault of theirs. The quantum of liability of ISPs has become an important issue for the legislators of all countries. This paper limits its scope to the legal issues integrated to the much debated problem of the ‘scope of liability of ISPs for copyright infringement by third parties or subscribers’. The object of the paper is to provide a comprehensive analysis of the prevailing legislative approaches towards this issue in India and bring out loopholes in the present legal framework. The paper also suggests establishing a clear and specific ‘safe harbour protection’ for the ISPs in India by incorporating notice takedown procedures, implementing standard technical measures and by appropriate categorization of ISPs. While doing so, it analyses the laws of countries like US and Japan where legal regime is far more developed to tackle the issue in question. The lacuna in the Indian laws must be cured so as to develop a legal system in consonance with the international order, which can combat the unforeseen anomaly of the Internet era. Furthermore, specific laws and procedures should be framed, to clear the suffocating air of critical issues, striking a balance between ISPs liability and interest of the copyright holders.

Page(s): 321-329