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JIPR Vol.13(4) [July 2008] >

Title: India: IPR and the National Security
Authors: Gupta, V K
Keywords: National security
Dual use inventions
Atomic Energy Act
Defence R& D
Issue Date: Jul-2008
Publisher: CSIR
Abstract: The paper highlights intellectual property rights (IPR) issues related to defence and national security in the Indian context, for example, management of IPR during defence R&D and technology development, protection of IPR of strategic nuclear and dual use technologies and applications, negotiating patents and other IPR during acquisition of military equipment and technologies, and counterfeiting and piracy of legally owned intellectual property. The emerging non-nuclear commercial applications of some of the ‘prescribed’ substances in the Atomic Energy Act of 1962 like uranium, thorium, titanium, zirconium, graphite, or radioactive isotopes have been discussed. The paper stresses the need for resolving IP related issues, particularly, for dual-use materials and systems by evolving an appropriate IPR policy. It points out significance of IPR in defence acquisition procedures and implementation and risks to internal national security from piracy of trademarked or copyrighted or patented products. India may have to act against such a piracy and crack down on intellectual property theft as part of response to the new set of national security challenges.
Page(s): 318-325
ISSN: 0971-5544
Source:JIPR Vol.13(4) [July 2008]

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