NISCAIR Online Periodicals Repository Collection: JIPR Vol.15(3) [May 2010]

TRIPS, WTO and IPR: Prevailing Issues and Emerging Trends

Wed, 28 Apr 2010 22:58:59 GMT

Title: TRIPS, WTO and IPR: Prevailing Issues and Emerging Trends

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 discusses about prevailing issues and emerging trends.

Page(s): 235-237

Legal Protection of Geographical Indications in Jammu and Kashmir─A Case Study of Kashmiri Handicrafts

Wed, 28 Apr 2010 22:58:59 GMT

Title: Legal Protection of Geographical Indications in Jammu and Kashmir─A Case Study of Kashmiri Handicrafts

Authors: Mir, Farooq Ahmad; Ain, Farutal

Abstract: The location of the State of Jammu and Kashmir represents a confluence where East, West, Central and South Asia meet which has provided an opportunity for the convergence of Hellenistic, Sinic, Iranian and Indian thought and culture. The geographical location of the valley of Kashmir has made it an ideal location for handicrafts because local people prefer to stay indoors due to long winters. This paper discusses different geographical indications which could be considered for registration in the light of statistical figures of revenue generated by such handicrafts. It also discusses lack of adequate governmental support to mobilize local human resource to take up handicrafts on professional lines for self employment which could ease the burden on the government resources to provide jobs to educated youth which is a perennial problem for the State of Jammu and Kashmir due to the lack of investment by the corporate sector and income generating units in the State. The paper points out some loopholes in the GI Act which could impede registration of geographical indications or could unjustly help traders of geographical indications to exploit ignorance of its true owners. It has been also argued that the traditional knowledge relating to handicrafts which is left un-protected should be protected by some sui generis system to suit the needs of the local craftsmen.

Page(s): 220-227

Nanotechnology Patents as R&D Indicators for Disease Management Strategies in Agriculture

Wed, 28 Apr 2010 22:58:59 GMT

Title: Nanotechnology Patents as R&D Indicators for Disease Management Strategies in Agriculture

Authors: R, Kalpana Sastry; Rashmi, H B; Rao, N H

Abstract: Nanotechnology has immense potential for the development of more precise and effective methods for disease diagnosis and treatment in plants and animals. The pan industrial nature of this technology continues to attract all stakeholders involved in issues of diseases management in agriculture. Current investments using nanotechnology in disease diagnostics and drug delivery in India are on the rise. If these are to be profitable, it is essential that transfer processes of nanotechnologies in this sector against the patent portfolios are well understood for developing sound policies and for commercialization. The objective of the present study is to assess the trend of patents of this multifaceted technology and its applications in this sector from the databases such as EPO, USPTO, Delphion and Micropatent. Patent analysis includes bibliographic analysis of the patent timeline such as publication year and priority year, country, main IPC and assignee of the patents and technological analysis of nanoresearch areas and their potential applications in disease management. The study illustrates the potential of patents as indicators of technology to develop a framework for knowledge mapping.

Page(s): 197-205

Patent Linkage in India: Current Scenario and Need for Deliberation

Wed, 28 Apr 2010 22:58:59 GMT

Title: Patent Linkage in India: Current Scenario and Need for Deliberation

Authors: Mittal, Anshul

Abstract: The system of ‘patent linkage’ refers to the practice of linking drug marketing approval to the status of the patent of the originator’s product. It directly affects the entry of generic drugs into the market. The article analyses patent linkage in different jurisdictions and finds out whether such a system can be read into existing Indian laws. It also discusses various judicial pronouncements and pertinent legislations to trace the history and scope of patent linkage in India. The Delhi High Court judgment, in Bayer Corporation and Others v Cipla, Union of India (UOI) and Others¹, which held that patent linkage cannot be read into existing Indian provisions, has been discussed in detail. This article tries to highlight the reasons as to why such a system should, or should not, be introduced in India.

Page(s): 187-196