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Title	Author	Category	Date Added	dl#	Rating
LOCUTUS - June 2004	Carmen Champion & Jane Rawlings	Intellectual Property Newsletter	6/27/04	186	5/10
Abstract:	monthly newsletter dealing with what is happening in ip in Australia.
Keywords:
LOCUTUS - December 2003	Carmen Champion & Jane Rawlings	Intellectual Property Newsletter	6/27/04	261	9/10
Abstract:	monthly newsletter re ip developments in Australia.
Keywords:	trade marks copyright patents designs confidential information
FTC’s Controversial Plan To Change The Patent System	Jessica Akers and Dennis Fernandez	Patent	7/3/04	590	8.3/10
Abstract:	Patent rights promote innovation and expression of new ideas and inventions for the public benefit. Patent rights give incentives to inventors to express their ideas by giving them assurance that these ideas will be protected so that others will not be able to profit from them. However, while patent protection provides economic incentives for inventors, this protection is not unlimited. Antitrust laws impose important restrictions to ensure that inventors are not overstepping their boundaries by restricting competition.
Keywords:	FTC, antitrust law, patents, competition
Cybersquatting Ain't What It Used to Be	Judith Silver	General Intellectual Property	7/26/04	468	2.5/10
Abstract:	Domain name and trademark legal issues including cybersquatting and more. Readers are cautioned not to rely on these articles as legal advice. They are no no substitution for a consultation with an attorney and an accountant in your state. Based on jurisdiction and time, the law varies and changes.
Keywords:	cybersquatting, domain name dispute, trademark
What Is Intellectual Property: Part 1 Patents	Judith Silver	Patent	7/26/04	2245	10/10
Abstract:	Patent law overview, including pluses and minuses to obtaining a patent. Readers are cautioned not to rely on these articles as legal advice. They are no no substitution for a consultation with an attorney and an accountant in your state. Based on jurisdiction and time, the law varies and changes.
Keywords:	patent, patent law
What Is Intellectual Property: Part 2 Copyright	Judith Silver	Copyright	7/26/04	1206	5.7/10
Abstract:	Readers are cautioned not to rely on these articles as legal advice. They are no no substitution for a consultation with an attorney and an accountant in your state. Based on jurisdiction and time, the law varies and changes.
Keywords:	copyright, copyright law
What Is Intellectual Property: Part 2 Copyright	Judith Silver	Copyright	7/26/04	1694	6.2/10
Abstract:	Overview of copyright law, including pluses and minuses of obtaining a copyright. Readers are cautioned not to rely on these articles as legal advice. They are no no substitution for a consultation with an attorney and an accountant in your state. Based on jurisdiction and time, the law varies and changes.
Keywords:	copyright, copyright law
What is Intellectual Property: Part 3 Trademark	Judith Silver	Trademark	7/26/04	1538	7.6/10
Abstract:	Overview of trademark law, including pluses and minuses of obtaining a trademark. Readers are cautioned not to rely on these articles as legal advice. They are no no substitution for a consultation with an attorney and an accountant in your state. Based on jurisdiction and time, the law varies and changes.
Keywords:	trademark, trademark searches, service mark
How Confidentiality Agreement Protect Your Business	Judith Silver	Trade Secret	7/26/04	1006	5.4/10
Abstract:	Overview of tradesecret and protection of confidential information using contracts. Readers are cautioned not to rely on these articles as legal advice. They are no no substitution for a consultation with an attorney and an accountant in your state. Based on jurisdiction and time, the law varies and changes.
Keywords:	trade secret, confidentiality agreement, non disclosure agreement
How Service and Service Level Agreements Protect Your Business	Judith Silver	General Intellectual Property	7/26/04	395	2/10
Abstract:	Overview of how to ensure ownership of intellectual property rights using agreements for providing services and hiring service providers. Readers are cautioned not to rely on these articles as legal advice. They are no no substitution for a consultation with an attorney and an accountant in your state. Based on jurisdiction and time, the law varies and changes.
Keywords:	work for hire, copyright, ownership
How Software Escrow Agreements Protect Your Business	Judith Silver	Copyright	7/26/04	1329	10/10
Abstract:	Overview of how to protect copyright and other intellectual property rights using software escrow. Readers are cautioned not to rely on these articles as legal advice. They are no no substitution for a consultation with an attorney and an accountant in your state. Based on jurisdiction and time, the law varies and changes.
Keywords:	software license, escrow
How Software License Agreements Protect Your Business	Judith Silver	General Intellectual Property	7/26/04	542	6.5/10
Abstract:	Overview of how to use software license agreements to protect the intellectual property rights of software creators. Readers are cautioned not to rely on these articles as legal advice. They are no no substitution for a consultation with an attorney and an accountant in your state. Based on jurisdiction and time, the law varies and changes.
Keywords:	software, copyright, trade secret
How User Agreements Protect Your Business and Your Website	Judith Silver	General Intellectual Property	7/26/04	265	1/10
Abstract:	Overview of how to protect intellectual property rights in your website using clickwrap, terms and conditions or user agreements. Readers are cautioned not to rely on these articles as legal advice. They are no no substitution for a consultation with an attorney and an accountant in your state. Based on jurisdiction and time, the law varies and changes.
Keywords:	website, terms and conditions, internet law
How Promotional Agreements Protect Your Business	Judith Silver	General Intellectual Property	7/26/04	292	2/10
Abstract:	Overview of how to use advertising and other promotional agreement to ensure protection of your intellectual property rights. Readers are cautioned not to rely on these articles as legal advice. They are no no substitution for a consultation with an attorney and an accountant in your state. Based on jurisdiction and time, the law varies and changes.
Keywords:	advertising, promotions, copyright
How Domain Name Sale or Purchase Agreements Protect Your Business	Judith Silver	General Intellectual Property	7/26/04	531	1.3/10
Abstract:	Overview of using Domain Name Sale or Purchase Agreements to ensure protection and full transfer of necessary intellectual property rights when buying or selling domain names. Readers are cautioned not to rely on these articles as legal advice. They are no no substitution for a consultation with an attorney and an accountant in your state. Based on jurisdiction and time, the law varies and changes.
Keywords:	domain name
ABC's of Website Law	Judith Silver	General Intellectual Property	7/26/04	1422	5/10
Abstract:	Website legal issues including copyright, trademark, more.
Keywords:	web site, internet, cybersquatting, domain names
Letter of Intent: Why Lawyers Hate 'Em and Business People Love 'Em	Judith Silver	General Intellectual Property	7/26/04	1998	7/10
Abstract:	Letter of Intent overview of the legal issues including confidentiality and more.
Keywords:	letter of intent, letters of intent, letter of intentions
Offshorability of IP Processes	Valeria	India	8/1/04	396	7.6/10
Abstract:	A large part of IP related work is document intensive and involves laborious tasks. Hence significant amounts of IP work like Patent drafting, search, anlysis, prosecution and litigation support portend a good opportunity for offshoring. India with its vast talent pool of qualified professionals provide an excellent opportunity to tap into. IP Protection is a good area to get started.
Keywords:	Offshore, IP, India, Manthan
Joint Ownership of Patents - A Trap for the Unwary	Wendell Ray Guffey	Patent	8/1/04	2418	9.2/10
Abstract:	The article reviews the law governing joint inventorship and joint ownership of patents, discuss the problems that can result from such ownership, and suggest methods to avoid the problems and disputes that can result from joint ownership of patents.
Keywords:	patent joint ownership inventorship
Valuation of Patents: A Primer	Rajasekaran A B	India	8/9/04	1867	7.5/10
Abstract:	One of the major problems facing the knowledge economy is the valuation of its core assets; the knowledge or intellectual assets including intellectual property. Value is the worth or the economic benefit that accrues to the owner of that asset. Valuation of any of these assets is essential for financial reporting, mergers and acquisitions, licensing, investment, assignment, infringement damages etc. Valuation of each of these intellectual assets poses a problem unique to itself. Since a majority of the patents are worthless in the real sense of the term it becomes essential to evaluate a patented invention to proceed further. A number of methods are available to value patents which are analysed here.
Keywords:	Patent, Valuation
A Practice Guide to Intellectual Property Audits	Mr. Srijoy Das & Mr. Akash Bhardwaj	India	8/14/04	2006	8.7/10
Abstract:	An Intellectual Property (‘IP’) audit is a systematic review of the IP owned, used, proposed to be used or acquired by a company. The goal of an IP audit is to identify all the IP rights owned or used by a corporation and consider appropriate ways to protect it from any form of infringement. It also provides valuable information regarding possible infringement or breach on the part of the company or third parties in relation to the company’s IP assets. From the managers’ perspective, such an audit identifies company’s core assets and allows the business to focus on them. This assists managers to determine strategy for growth and also to optimize output from the already existing array of IP rights owned and used.
Keywords:	IP, India, audit
How is your IP worth?	Sylvain Roy	Other Intellectual Property	10/4/04	1085	10/10
Abstract:	This brief article introduces the techniques of IP Valuation, the difference between patent valuation and product valuation, and the importance of assessing the economic value of IP, products and technologies for business operation and risk management.
Keywords:	IP Valuation, patent, brand, marketing, M&A, license
Franchising in India: The time is right	Mr. Srijoy Das and Mr. Kartik Srivastava	India	10/4/04	1329	6.7/10
Abstract:	One of the primary factors which control the success of a franchising business in an emerging economy like India is the ability of a foreign franchisor to identify and seize the appropriate moment when the business environment is favorable and reap its rewards. Home to over a billion people, including a flourishing class of urban consumers possessing considerable amounts of disposable income together with the continued growth of the economy have strengthened India’s claim to be a viable and beneficial destination for a foreign franchisor.
Keywords:	franchising, India, intellectual property, trademarks, franchisor, franchisee, master franchisee
History and Trends in Agricultural Biotechnology	Edmund J. Sease	General Intellectual Property	10/16/04	466	5/10
Abstract:	Since 1790, our patent laws have allowed the patenting of five categories of subject matter, namely machines, compositions of matter, articles of manufacture, processes, and improvements in each. The most remarkable thing about this Statute (now 35 U.S.C. § 101) is that it has hardly changed in substance since its inception. Thus, the categories of patentable subject matter are nearly as old as our Constitutional Clause allowing the patent system to exist, Article 1, Sec. 8, Cl. 8! It is worthy to note that neither the Constitution nor the implementing statute defining the categories of patentable subject matter says anything about whether the subject matter is living. Why then should it be remarkable for our Supreme Court to have concluded that whether an object for which a patent is sought is living, is an irrelevant consideration to patentability? An even more pointed question might be what difference does the living vs. non-living issue make to plant patentability?
Keywords:	patents biotechnology
Purpose for Patenting Business Methods	John D. Goodhue	Patent	10/16/04	1443	9/10
Abstract:	Business method patents are here to stay. However, sophisticated businesses with numerous in-house attorneys have yet to understand the risks created by business method patents. The finance and insurance industries are particularly behind the times in their lack of appreciation of how business method patents affect them. So are information technology departments, sales and marketing departments of companies in almost every industry.
Keywords:	business method patent risk management intellectual property portfolio
Recording Industry Association of America Forces File Sharers to Face the M	Wendy K. Marsh	General Intellectual Property	10/16/04	256	7.5/10
Abstract:	On Monday, September 8, 2003, the Recording Industry Association of America (RIAA) sued 261 individuals for alleged violations under federal copyright laws. These defendants, described by the music industry as "major offenders"
Keywords:	file sharing RIAA Recording Industry Association of America
Determining entity status	Heidi S. Nebel	Other Intellectual Property	10/16/04	267	7/10
Abstract:	Small and large entity businesses are subjected to different governmental fees.
Keywords:	small entity patent fees
Safeguarding Trade Marks: Safeguarding Business	Sanjay Chhabra and Akash Bhardwaj	India	10/17/04	436	7.8/10
Abstract:	In this article, we shall restrict ourselves to trade marks protection and registration in India. The new Trade Marks Act which became effective in late 2003 not only provides protection to service marks but also recognizes registration of collective marks. The Act also provides recognition to well known trade marks, where the well known mark would also get protection in the classes wherein it has not been registered. The Act also provides for the parameters in determining a well known trade mark. Last but not the least, the Act also makes it relatively simpler for the registered proprietors to license or assign mark(s).
Keywords:	India, Trade Marks Registration, Intellectual Property, Law, Archer & Angel
Pharmaceutical Industry and the Changing Patent Regime	Gunjan Paharia	India	10/17/04	1109	6.9/10
Abstract:	Since the WTO undertaking, the pharmaceutical sector has undergone several policy as well as attitude changes. Some of these have been brought about through legislative action, such as the 2000 and 2001Union Budget proposals.
Keywords:
TRIPS – Promoter of Innovation or Illusion?	Justin Charles Ward	General Intellectual Property	10/23/04	569	8.3/10
Abstract:	This paper discusses, inter alia, the provisions of TRIPS , its progeny and its underlying market and economic underpinnings, intended and actual. One conclusion that may be reached upon examination of the relevant data is that, despite its great promise as a promoter of innovation through its much touted “universalization” of IP rights, TRIPS may very well result in a trip of a different sort for the patent owner and for the innovator. Indeed, the patent coverage guaranteed by TRIPS’ major provisions might well be rendered entirely or substantially ineffective by preemptory provisions for “mandatory licensing,” and particularly where trans-shipping of imported pharmaceuticals into a non-producing country cannot be materially prevented, either legally or practically. Accordingly, the utilization of free-market and free-trade approaches to TRIPS and related international agreements, and relevant modifications thereto, is advocated
Keywords:	TRIPS, compulsory licensing, mandatory licensing, intellectual property, patents,
Franchising: Disclosure Laws in India and USA	Kartik Srivastava and Akash Bhardwaj	General Intellectual Property	11/11/04	674	7.8/10
Abstract:	The United States with its strict UFOC requirements have ensured that the franchise industry grows in a systematic manner. India too needs to adopt and include a similar disclosure requirement if it wishes the industry to grow in a healthy manner. All franchisors must reveal at the initial stage itself, details about its business and what role it plans to play. The obligations and rights of the franchisee must be clearly defined, to prevent any misunderstanding in the future. All prospective franchisees must know the costs involved and various fees payable to the franchisor. Only then will they step up and take the risk of plunging into the market. Most franchises are offered to individuals and are in the form of a contract. They are required to adhere to certain standards and specifications which the franchisor lays down. All expenses involved are normally born by the franchisee. Franchisors retain the sole option of changing these standards and specifications. If these are changed on a regular basis, the operating costs of the franchisee will increase as it will have to make relevant changes in its operations as per the guidelines. The law must be clear on the kind of protection franchisees have in this regard.
Keywords:	India, USA, franchising, laws,
Data Exclusivity - the Indian Diolemma	Manoj Pillai	India	11/22/04	899	5.2/10
Abstract:	In about a months’ time the Indian IPR laws have to be TRIPS Compliant. The 2005 January 1 deadline for TRIPS compliance marks the culmination of a long, often controversial process of amending India’s IPR laws to bring them in conformity with the TRIPS norms. In 1995, when India joined the WTO as a founding member, the substantive IP laws of the country substantially differed from the TRIPS. India long resistance not to join the Paris Convention put the national IP laws in sharp conflict with the TRIPS. The obligation under Art. 39 (3) of the TRIPS Agreement to provide exclusivity for clinical test data to be submitted for drug approvals is a widely debated issue in India. This article attempts to analyze the implications of India's Art. 39 (3) (of TRIPS) obligations.
Keywords:	India, TRIPS Compliance, WTO deadline, pharmaceutical patents
India - Product Patents & Potential Patent Litigations	Manoj Pillai	Patent	12/27/04	1243	7.3/10
Abstract:	India's deadline to provide product patents in the field of medicines and agro-chemicals is December 31, 2004. The Government of India is almost determined to promulgate a 'product patent ordinance'. The Ordinance will be eventually (in about 6 months) replaced by a law (amendment) passed by the Parliament. The Government of India is keen to avoid yet another trade dispute at the WTO for non-compliance of TRIPS provisions. This Article deals with India's last minute efforts to make the national patent law TRIPS compliant.
Keywords:	India, patents, product patents, pharma patents, TRIPS, WTO
The Doctrine of Equivalents: A Matter of Chance and Confusion	Kirk M. Hartung	General Intellectual Property	1/3/05	1288	8.5/10
Abstract:	It has been over 150 years since the Supreme Court first set forth the basis for the doctrine of equivalents. Despite this long history, the doctrine is still misunderstood and misapplied. More importantly, the doctrine of equivalents is precluded by estoppel if there was a narrowing amendment made for purposes related to patentability, such as avoidance of prior art. Under this application, the doctrine of equivalents is purely a matter of chance, depending on whether the patent drafter or the Patent and Trademark Office examiner happens to find the best prior art before the patent issues. Such fortuitousness leaves little guidance for the patentee or the patent attorney. A simple return to the basic premise for the doctrine will reduce, or perhaps eliminate, some difficulties which exist with the doctrine today. However, many unanswered questions remain regarding estoppel and equivalents.
Keywords:	doctrine equivalents estoppel amendments Supreme Court
New Strategies in International Trademark Protection?	Michael A. Meer	Trademark	3/21/05	869	7.7/10
Abstract:	The past twelve months have seen two important changes in international trademark law: First, when on May 1, 2004 ten new member states joined the European Union, the protection of all existing European Community trademarks was automatically extended to the territories of these new member states. Second, two important new members have joined the international trademark filing system (the Madrid System): the USA (in November 2003) and the European Community (in October 2004). This newsletter wants to point out briefly the latest developments and what impacts they have on trademark owners. On the one hand, the new regime makes international and regional trademark filings simpler, cheaper and more attractive. On the other hand, exactly these advantages make it necessary for trademark owners to look after their trademark portfolio more systematically and more effectively if they want to come up against the increased risk of infringements by foreign trademarks. Moreover, trademark owners are encouraged to peruse their own trademark filing strategy according to the new regime and to revise it accordingly.
Keywords:	international trademark protection
PIPRA Expedites Agricultural Innovation	Lila A. T. Akrad	Patent	3/22/05	182	6/10
Abstract:	In recent decades, agricultural research has experienced some fundamental changes. Traditionally, discoveries in the public research institutions and agricultural universities were seen as
Keywords:	biotechnology agriculture technology transfer
Works Made for Hire: Who Owns the Copyright?	Jeffrey D. Harty	Copyright	3/26/05	1373	9.7/10
Abstract:	The copyright laws protect original works of authorship, such as books, movies, sound recordings and computer programs. The question of whether a copyright exists to protect a particular work from unauthorized copying is easily answered. Often a more difficult issue is determining who actually owns the copyright.
Keywords:	author writer publisher
Nanotechnology: The Smallest 'Big' Thing	Janaé Lehman Bell	Patent	3/26/05	376	6.8/10
Abstract:	Nanotechnology is expected to be big business. Those wanting to protect their investment in their nano-based inventions have been filing patents in droves and the applications are quite diverse. The United States Patent & Trademark Office (USPTO) has had to make some adjustments to facilitate the search and examination procedures of nanotechnology-related patents.
Keywords:	nanotechnology USPTO big business
Provisional Patent Applications: Fact versus Myth	Mark D. Hansing	Patent	3/26/05	830	10/10
Abstract:	Not long ago, a new type of patent application was allowed in the United States. Borrowed from European patent practice, it was touted as a cheaper, quicker way to get to “patent pending” status. Called a “provisional patent application”, it dispensed with some of the formalities and requirements of regular patent applications. But you want to get the full story before determining if a provisional application is right for your invention.
Keywords:	provisional patent applications
What are Consumers Rights to Copy Music and Movies?	Vincent S. Egolf	Copyright	3/26/05	908	7.5/10
Abstract:	One of today’s hottest intellectual property topics is the copying and on-line distribution of music and movies. Using a personal computer, an individual can now easily trade music files over the internet, create personalized compact disks from their downloaded music files, and create back-up copies of the movies in a digital video disk (DVD) collection. Unfortunately, each of these activities violates federal copyright law.
Keywords:	copyright movies music RIAA infringement
Trademark Searches as Risk Management	Christine Lebron-Dykeman	Trademark	3/26/05	500	10/10
Abstract:	The value of your company's trademarks will dramatically appreciate through successful use. And, unlike copyrights and patents that eventually expire, trademark rights can last indefinitely if the mark continues to perform a source-indicating function. Because trademarks are an appreciating asset with a potentially perpetual life, it is important to choose them carefully.
Keywords:	trademark value company assets
The Development of Digital Rights Management	Robert A. Hodgson	Copyright	3/26/05	545	6.6/10
Abstract:	Historically, it has been relatively easy for copyright owners to protect their works from unwanted and unauthorized copying. The cost and difficulty associated with illegal copying was simply too high to allow any such copying to be widespread. However, the appearance of personal computers, and especially the Internet, has lessened the security copyright holders once had against acts of infringement. Due to increasingly efficient technology, such as CD writers and faster, better internet connections, it has become both inexpensive and easy to copy and distribute digital files across the Internet or from hard drive to hard drive.
Keywords:	copyright digital rights infringement
Patents for Computer-Related Inventions in India	A. B. Rajasekaran	India	4/24/05	774	7.5/10
Abstract:	India which amended its Patent Act 1970 recently, through an ordinance, to bring it in line with TRIPS agreement would not have helped the Indian software industry in anyway and would have only paved the way for the foreign companies to block the technology by playing with the words.
Keywords:	patent, computer, India
What's it Worth? Putting a figure on a musician's estate and celebrity imag	Weston Anson	General Intellectual Property	4/24/05	495	10/10
Abstract:	This article looks at two real world case studies based on the author's practice at an intellectual asset consulting firm. The first case study considers the value of a music library and a musician's estate, after the death of a musician, and asks: what is the value of a body of work, including music copyrights and future tour income? The second case study examines the value of celebrity images. The valuation was done in the context of a lawsuit by two celebrities against a consumer good company.
Keywords:	intellectual property, IP, celebrity, case study, valuation, litigation, entertainment, royalty
Prevention and Detection of Intellectual Property Theft	Carole Longendyke	General Intellectual Property	4/24/05	849	6.4/10
Abstract:	Data Forensics as it applies to Prevention and Detection of Intellectual Property Theft
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The Viability of incorporating Secondary Infringement Liability in India	Ankur Gupta	India	5/15/05	338	9.6/10
Abstract:	Liability for secondary infrigement under the Indian Copyright law may help in curbing sale of pirated and bootlegged matter. This key component is missing under the Indian Law. To check the viability of secondary infringement as a tool to crub piracy of copyrighted matter India can take cue from the American experience with secondary Infringement. The article sheds light on the American Experience and advocates that India may also think on the lines of including secondary infringement liability in her Copyright Laws.
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Mining patent data for competitive intelligence	Vinod Kumar Singh	Patent	6/11/05	574	7.2/10
Abstract:	Patents are not new, their presence was noted long back during 16th Centaury. In U.S. at the Constitutional Convention of 1787, a federal patent power was proposed by James Madison and Charles Pinckney and was adopted without debate as Article 1, Sec. 8, clause 8. The history of Patent Law began all the way back with the Constitution of the United States which was specific about providing protection for those who invent new and unique products. But after the TRIPS, intellectual property rights and patents gained importance to the business communities and industries. The retrieval of the patent information was made easy by internet and access to different patent databases. Patent are the source of the technological innovation and detailed mining of patent literature is proven to be useful of the Completive Intelligence.
Keywords:	Mining patent, data, competitive intelligence, patents, IPR, search, vinod kumar singh
Patents: A tool for Innovation	Vinod Kumar Singh	Patent	7/1/05	617	3.2/10
Abstract:	Patents are the largest source of technological information. Patent are given to the inventor as a reward for its innovation in the form of the exclusive right of the monopoly for a period of 20 years from the priority date of the invention. Due to advancement in the IT sector and internet, now these valuable documents are in the reach of the general public. Any person skilled in the art can go through various patent databases and after a search can get the patent document of their need. There are different patent databases viz, USPTO, EPO, JPO, etc freely open for the public access. If we go through the patents related to a specific technological area, we will be able to find the lots of information about the life cycle of the technological innovation viz.: • evolutionary path of a specific technology, • technological development • technological diversification • technology merges • major players in specific technological area, • key points of the specific technology Patent analysis can reveals very valuable informations, which is not available anywhere. After patent search the crucial part is the patent analysis, and one have to be very concise about their objective of the study. The information in the patent documents can be utilized in different form according to the need and mapped accordingly to get the picture of the entire analysis in snapshots. Patent data can be used for the preparation of technological landscapes. Logistic mathematics and circle mathematics can be very useful in the plotting of the technological landscape. It can reveal the evolutionary trend of a technology, how it is evolved from a basic technology, along with the period of the technological diversification and its nature. These maps will also gives the detailed overview of the merging of the different technologies to give rise to break-through technologies. These types of maps will be very useful for the R&D personals to evaluate the position of their research and technology, and also they will find way to more innovate more advanced and valuable technology. Mere subject specialization is not enough for this, but analytical thinking and innovations are very essential. Today lots of software resources are available for mapping the patent data, but almost all are confined to bibliographic informations. The machine work cannot be compared with that of human intelligence. That’s why today lots of KPO firm are looking for the right individual and there is a huge demand today, which will certainly increase in the near future.
Keywords:	patent, technology, technological map, technology mapping, vinod kumar singh, vinod, innovation
Is Pursuing a Career in Patent Law the Right Move for You?	Lisa Parmley	Patent	7/17/05	1050	4.2/10
Abstract:	Did you know that you might be eligible to gain entry into the field of patent law even without a law degree? The basic requirements are a degree in a technology-related field and the will to pass the Patent Bar Exam. The field of patent law is wide open to Biologists, Chemists, Engineers, Computer Scientists, and many other science and technology professionals. And it’s true; individuals with the proper science or engineering degree need only pass the Patent Bar to become registered Patent Agents. Upon becoming a Patent Agent, you may gain employment writing and prosecuting patent applications at law firms, technology transfer offices, biotech or engineering corporations, and government institutes.
Keywords:	patent bar, patent career, patent agent
Theory of Neighbouring Rights	Prof. Sanjay Pandey	General Intellectual Property	7/19/05	1069	5.5/10
Abstract:	It is not possible to segregate Copyright and neighboring rights so to provide a separate legal regime for protection of neighboring rights. International developments in this area of intellectual property has created so much so trade interest that WIPO, and WTO stand together on the issues of protection and compel the member-countries to bring their domestic laws in conformity with international commitment that facilitates trade. This shows that neighboring rights have acquired a status, from which no relegation is possible now, what is left is to move further and devise stringent legal regime to strengthen these intermediary rights. Both treaties particularly deal with the use of copyright protected works, performances and sound recordings in digital networks, such as the Internet. Authors, performers and phonogram (i.e. record) producers are granted a broadly worded exclusive right of communication to the public, covering interactive services and delivery on demand. Still a lot needs to be done to cope up with the developing aspects of neighboring rights. The world looks ahead to WIPO ‘webcasting’ treaty in order to see a bright dawn of the neighboring rights protection regime.
Keywords:	webcasting, performers, neighboring right, legal regime
Filing Design Specification in India	Prof. Sanjay Pandey	India	8/26/05	577	5.6/10
Abstract:	Unlike United States, Designs are subject matter of registration in India and no design patent is granted in India for protection of designs. The most interesting part in design protection is that it uses two specific terms as used for grant of patent, such as, novelty and priority date and prior art but its content does not match with that of patents. Herein below we can find a brief as to procedure and technique for obtaining design registration in India.
Keywords:	Design, Novelty, Priority, India
Interface between intellectual property policy and competition policy	Radhika Pandey	General Intellectual Property	8/26/05	433	3.7/10
Abstract:	Intellectual property policy and competition policy are important instruments of governance that seek to promote the broad objective of economic efficiency. IP policy seeks to promote innovation by rewarding the efforts and investments of innovators whereas the competition policy holds that that the social interest is best served in a competitive market as competition leads to efficient allocation of resources. This paper thus intends to highlight the various aspects of the trade-off and interface between intellectual property policy and competition policy.
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Patenting Nanotechnology in India	Prof. Sanjay Pandey	General Intellectual Property	8/29/05	737	4.7/10
Abstract:	In certain cases the novelty requirement may not be as hard to achieve as the inventiveness requirement. To establish novelty, size considerations may be enough to distinguish the technology from the prior art. However non-obviousness can be more problematic. Nanotechnology patenting needs a thorough examination of such facts, which makes this area of scientific endeavour more complex from legal point of view.
Keywords:	nano-material, patents, India
An unsound test for a good cause	Thierry van Innis	General Intellectual Property	10/2/05	111	4.9/10
Abstract:	Comment on the opinion delivered on 26 May 2005 by Advocate General Jacobs in the Class International/Unilever and others reference for a preliminary ruling pending before the European Court of Justice (C-405/03)
Keywords:	trade mark - use - transit
Valuation of Intellectual Property: Approaches	Ruchi Jain	General Intellectual Property	10/2/05	2382	7.3/10
Abstract:	We have moved into an information age characterized by increasing competition and shorter product life cycles; companies are more dependent on their intellectual properties (IP), as it has being recognized as a Valuable Business Asset. The Value of IP is much different & Valuation is much difficult than the value of any other assets. IP is creation of Human mind but to know the value or to trade that property we have to “value” them. The three main approaches are Market Approach, Income Approach & Cost Approach.
Keywords:	intellectual property, Valuable Business Asset,Market Approach, Income Approach, Cost Approach
Locutus: Febraury 2005	Carmen Champion and Jane Rawlings	General Intellectual Property	10/8/05	54	Rate It!
Abstract:	The newsletter of intellectual property law, information technology, statutory deceptive conduct and privacy law in Australia Fourth Floor St James Hall, 169 Phillip Street Sydney NSW 2000 DX 330 Sydney Phone Number: 9237 0500 Authors: Carmen Champion and Jane Rawlings E-mail: mailto:carmen.champion@stjames.net.au; jane.rawlings@stjames.net.au
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Locutus : September 2005	Carmen Champion and Jane Rawlings	General Intellectual Property	10/8/05	73	8.5/10
Abstract:	The monthly newsletter of intellectual property law, information technology, statutory deceptive conduct and privacy law in Australia Fourth Floor St James Hall, 169 Phillip Street Sydney NSW 2000 DX 330 Sydney Phone Number: 9237 0500 Authors and senders of this e-mail: Carmen Champion and Jane Rawlings E-mail: mailto:carmen.champion@stjames.net.au; jane.rawlings@stjames.net.au
Keywords:	The newsletter of intellectual property law, information technology, Australia
Locutus : August 2005	Carmen Champion & Jane Rawlings	General Intellectual Property	10/8/05	55	5.2/10
Abstract:	The newsletter of intellectual property law, information technology, statutory deceptive conduct and privacy law in Australia Fourth Floor St James Hall, 169 Phillip Street Sydney NSW 2000 DX 330 Sydney Phone Number: 9237 0500 Authors and senders of this e-mail: Carmen Champion and Jane Rawlings E-mail: mailto:carmen.champion@stjames.net.au; jane.rawlings@stjames.net.au
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Locutus: July 2005	Carmen Champion and Jane Rawlings	General Intellectual Property	10/8/05	50	1/10
Abstract:	The newsletter of intellectual property law, information technology, statutory deceptive conduct and privacy law in Australia Fourth Floor St James Hall, 169 Phillip Street Sydney NSW 2000 DX 330 Sydney Phone Number: 9237 0500 Authors and senders of this e-mail: Carmen Champion and Jane Rawlings E-mail: mailto:carmen.champion@stjames.net.au; jane.rawlings@stjames.net.au
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Locutus: June 2005	Carmen Champion and Jane Rawlings	General Intellectual Property	10/8/05	50	1/10
Abstract:	The newsletter of intellectual property law, information technology, statutory deceptive conduct and privacy law in Australia Fourth Floor St James Hall, 169 Phillip Street Sydney NSW 2000 DX 330 Sydney Phone Number: 9237 0500 Authors: Carmen Champion and Jane Rawlings E-mail: mailto:carmen.champion@stjames.net.au; jane.rawlings@stjames.net.au
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Locutus: May 2005	Carmen Champion and Jane Rawlings	General Intellectual Property	10/8/05	50	5.1/10
Abstract:	The newsletter of intellectual property law, information technology, statutory deceptive conduct and privacy law in Australia Fourth Floor St James Hall, 169 Phillip Street Sydney NSW 2000 DX 330 Sydney Phone Number: 9237 0500 Authors: Carmen Champion and Jane Rawlings E-mail: mailto:carmen.champion@stjames.net.au; jane.rawlings@stjames.net.au
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Locutus: April 2005	Carmen Champion and Jane Rawlings	General Intellectual Property	10/8/05	57	1/10
Abstract:	The newsletter of intellectual property law, information technology, statutory deceptive conduct and privacy law in Australia Fourth Floor St James Hall, 169 Phillip Street Sydney NSW 2000 DX 330 Sydney Phone Number: 9237 0500 Authors: Carmen Champion and Jane Rawlings E-mail: mailto:carmen.champion@stjames.net.au; jane.rawlings@stjames.net.au
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Locutus: March 2005	Carmen Champion and Jane Rawlings	General Intellectual Property	10/8/05	91	5.5/10
Abstract:	The newsletter of intellectual property law, information technology, statutory deceptive conduct and privacy law in Australia Fourth Floor St James Hall, 169 Phillip Street Sydney NSW 2000 DX 330 Sydney Phone Number: 9237 0500 Authors: Carmen Champion and Jane Rawlings E-mail: mailto:carmen.champion@stjames.net.au; jane.rawlings@stjames.net.au
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UPOV AND RIGHTS OF FARMERS- An Indian Perspective	Rachitta Priyanka	India	11/6/05	457	8.2/10
Abstract:	The UPOV Convention came in force in 1961 for protection of plant varieties in accordance with Article 27.3(b) of the TRIPs. The 1991 amendment of the Convention significantly strengthened the protection to the rights of the plant breeders who are instrumental in producing seeds in the developed nations. However, the same is not suited to the needs of developing nations like India where farmers essentially produce seeds with the help of their traditional knowledge. The Convention has the capability of sharply accelerating genetic erosion in India and undermining the enormous wealth of traditional knowledge in the bio-diverse country. Hence, we need to have an alternative sui generis option for protection of plant varieties that recognizes the rights of farmers as conservators, breeders and cultivators.
Keywords:	UPOV, India, sui generis
LOCUTUS October 2005 Issue	Carmen Champion & Jane Rawlings	General Intellectual Property	11/6/05	111	1/10
Abstract:	Summary of recent Australian cases in the IP law area.
Keywords:	trademarks patents copyright designs
Internet Based Patents	Brett J. Trout	Patent	11/6/05	432	7.3/10
Abstract:	Can my company patent something it does online? What are the pros and cons? What difficulties might one encounter during the patent process? This article provides a short primer on patents generally and
Keywords:	patent internet state street business method
Top Ten Legal Oversights That Can Shut Down Your Website	Brett J. Trout	General Intellectual Property	11/6/05	553	5.5/10
Abstract:	This article explores some of the more common mistakes companies make online. Whether it is trademark, copyright or trade secret infringement, any of these problems could shut down a website and possibly the entire company as well. Often, avoiding years of litigation and hundreds of thousands of dollars in attorney fees can be as simple as taking a few basic precautions. Unfortunately, too many companies learn too late how simple it might have been to avoid an online catastrophe.
Keywords:	website infringement trademark copyright trade secret online
IP Securities	Arun Gargi	General Intellectual Property	11/9/05	306	4.6/10
Abstract:	IP has changed the outlook or the way organizations had been perceived in the ordinary course. Stock Market is one of the most significant indicators of the economy. Many big organisations of the world are dependent on IP. US has one of the most developed securities in the world. India being a laggard has also caught on the race. Against the given background, the author tries to look in this context, that whether IP can be issued or listed as securities, even if forms the part of the asset pool of the business.
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IP Regime vis-à-vis Enhanced R & D	Arvind Singhatiya	General Intellectual Property	12/11/05	185	6.2/10
Abstract:	The history suggests that countries have fine-tuned their IPP regimes as per their developmental requirements. Typically, countries in Asia and in other regions have had softer IPP regimes in the early stages of their development and these regimes have been strengthened as the countries developed and became significant producers of innovations and new technology themselves. The argument in favor of strong intellectual property regime is that Inventing a new product or industrial device is a costly investment. The average price of a new medicine, for example, is $800m. If the invention can be freely copied, competitors of the inventor will be able to use it at no cost. Competition will drive the price of the invented good to its marginal production cost, and the inventor will not recoup the costs of his invention. Consequently, nobody will invest in R & D and the level of innovation will be suboptimal. By granting intellectual property rights, the government grants a temporary monopoly on innovation. Innovators are then rewarded by the monopoly profits they can reap, or by the royalties they can charge competitors if they decide to license their innovation. Therefore, from the point of view of the global economy, Intellectual property favors innovation.
Keywords:	Research & Development, Strong IP regime, Intellectual property favors innovation.
Intellectual Property Management,Intellectual property protection in	Arvind Singhatiya	General Intellectual Property	12/11/05	495	7.1/10
Abstract:	Organizations like National Law University, IIT’s, or Research Labs like CSIR, are both users and producers of Intellectual Property. They need their institution to have policies and practices in the area of IP which will enable them to use other people’s IP appropriately in their teaching and research, minimising the cost in both time and money of doing so, and also to benefit in financial and/or other ways from IP they produce. The institution needs a policy which will ensure that its employees and students act within the law and the terms of any licences it has entered into; that teaching, learning and research all make suitable use of IP generated within and beyond the institution; and that any IP generated within the institution is exploited to benefit the institution as much as is fair and possible.
Keywords:	IP policy, IP protection, IP by students, IP by staff of the organization.
Verification Services: Fulfilling the Promise of Technology Escrow	John Boruvka	General Intellectual Property	12/11/05	141	1/10
Abstract:	This paper examines the types of verification services used in the escrow industry today, and provides insight into why verification has become a best practice for all parties involved in an escrow contract.
Keywords:	IP, escrow, verification
human cloning	anupam siddharth	Patent	12/11/05	276	7/10
Abstract:	In July 1996, a sheep named Dolly was born in Scotland. What makes Dolly’s birth noteworthy is that she is the result of the first successful cloning attempt using the nucleus of an adult cell. The technique of Dolly’s birth involved transferring the nucleus of a mammary cell from an adult sheep to the enucleated egg cell of an unrelated sheep which gestation occurring in the third sheep. The possibility of applying this technique to human reproduction raised concerns worldwide with several countries moving for immediate ban on human cloning.
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Transfer Pricing In Intellectual Property : An Indian Prespective	Ruchi Jain	General Intellectual Property	12/11/05	564	5.8/10
Abstract:	The foundation of commercial power is now shifted from capital resources from intellectual property. Companies are more dependent on their intellectual properties (IP), as it has being recognized as a Valuable Business Asset. “When planning a global, understanding and effectively managing tax liabilities can result in millions of dollars in savings. One area currently receiving widespread attention by companies and auditors is ‘Transfer pricing’”
Keywords:	intellectual property, managing tax , ‘Transfer pricing’ , OECD Guidelines ,IT ACT 1961
LOCUTUS	cARMEN cHAMPION & jANE rAWLINGS	General Intellectual Property	12/11/05	108	4/10
Abstract:	Monthly newsletter detailing the latest Australian court decisions in IP
Keywords:	trademarks patents designs copyright confidential information
PUBLIC GOODS, PUBLIC DOMAIN AND PUBLIC INTEREST	ASHISH GOSAIN	India	2/25/06	356	4.3/10
Abstract:	In locating the centrepoint of the interesting debate on whether Life can be patented , the paper attempts to look at the epistemiological basis of any regulatory effort in terms of the concepts essential to the jurisprudential notions of property and scientific advances that allow us to “ manipulate” life. Moving with an understanding of the public domain as an area of cultural and social space that the Law intends creating and defining , we shall understand as to how the cornerstones of any legal system – public goods and public interest as organic concepts interact and formulate our notions on property in life and living organisms. More specifically as the new advances of functional genomics and biotechnology and transgenic plants move from the laboratory to the world , how moral and ethical concerns voiced on sociological platforms shape our thought patterns as societies at various stages of development becomes an interesting case in point. Coming from a developing country perspective where life is held sacred as opposed to subjects of commercial and scientific exploitation , the debate will include a detailed view of the ethical and moral issues perceived to be relevant to this debate will be brought out. In doing so a holistic roadmap for regulation governing moral and ethical issues governing intellectual property in life and living things. The paper modestly attempts this in view of the current regulatory efforts by way of National laws and treaty making systems and more pragmatically effectuated regulations relating to this public domain and it’s ethical counterparts in public goods versus common good and public interest by delving into the thought process behind them .
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Why do we nead IP?	Abhishek Joshi	General Intellectual Property	2/25/06	501	4/10
Abstract:	There are academecians who say we dont nead ip and ther are academecians who say ip is must.As far as lay man is concerned who dont know about ip other than it has something to do with patent which has something to do with ip. What about them this is paper for common man showing significance of ip.
Keywords:	I.P.R.+Abhishek+Common man
Role of ICANN in Domain name World: Establishing a Rule of Law	Abhilasha Kumbhat	Trademark	2/25/06	249	5.8/10
Abstract:	The paper takes a look at the Internet Corporation for Assigned Names and Numbers (ICANN) and seeks to identify its larger significance. I examine the question of legitimacy as it plays out in processes of institutional design of ICANN. From the above emerges the major issue about the association of ICANN with the US, which forms one of the key reasons for the rising fingers, pointing towards the structural and functional weaknesses of ICANN. The paper addresses this issue as well, and proposes to give some fundamental solutions towards initiating a change. One of the primary goals of the case note also will be to address the views on the fairness of the Uniform Domain Name Dispute Resolution Policy (UDRP) to trademark holders and domain name owners, looking at whether or not the policies and procedures of the UDRP tip the scales in favor of either side, i.e. fair or unfair, in a domain name dispute.
Keywords:	ICANN, domain name, dispute
Disclosing Commercial Incentive in Patent Specification	Abhilasha Kumbhat	Patent	2/25/06	268	6.2/10
Abstract:	The incentive theory of patents is the most widely accepted theory; references to it are everywhere. As with any incentive, patents are thought of as a
Keywords:	patent, commercial incentive, disclosure, specification
Patent Insurance: Teflon Coating on Armour?	M. Qaiser & P. Mohan Chandran	Patent	2/25/06	289	8.5/10
Abstract:	This article enlightens the need for patent insurance and advocates every company to have an patent insurance cover for their inventions/innovations. Patent Insurance will prevent small companies from financial burdens associated with litigations costs, while big companies with patent insurance cover need not invest their huge profits in fighting lawsuits.Patent Insurance acts as a Teflon coating on Armour. The next logical step after getting an invention patented is to opt for Patent Insurance.
Keywords:	patent, insurance, infringement, liability, defense, intellectual property, risk, indemnify
Part Licensing of Patents	Jayant Kumar	Patent	3/1/06	478	8/10
Abstract:	Many emerging growth companies face patent licensing issues. In particular, new life science companies usually require the
Keywords:	Assignment, Equivalence, License, Part License, Property,
Patent-Holder Deserves Monopolistic Rights	M. Qaiser & P. Mohan Chandran	Patent	3/1/06	256	8.5/10
Abstract:	This article disputes the views of certain developed nations that argue that the patent-holder should donate the patents to other less developed and poor countries and forgo his patent rights on the invention in national interest. Further, the article reaffirms that the patent-holder 'must' be given the monopolistic patent rights which will promote innovation and creativity. This article strongly considers patents and patent rights as a 'sine qua non' to innovation.
Keywords:	patent, intellectual property, monopoly rights, pharmaceutical, R&D, research, licensing, drugs
Computer Software Programmes & Patenting: The Western Perspective	Priyanki Saha	General Intellectual Property	3/6/06	482	7.4/10
Abstract:	The paper deals with the issue of software patenting as it has been tackled primarily in the developed countries like the US. The discussion sprawls mainly over four sections. The first section basically analyses cases to prove whether software programmes can be a subject matter of patent or not. It depicts the shift of focus from algorithms to business methods to softwares being patentable though not per se. The second section deals with the modern approach to software development. The next section deals with the RUP (Rational Unified Process)which is an interative software development process created by the Rational Software Corporation, now a division of IBM. It states the division of labour for more advanced software programmes for patenting. Emphasis has been put on requirements of grant of patent in the fourth section, namely, non-obviousness and disclosure requirements.
Keywords:	software patenting, computer system, disclosure requirements
Finally A Drug That Stimulates Innovation!	M. Qaiser & P. Mohan Chandran	General Intellectual Property	3/6/06	210	5/10
Abstract:	This article describes how the product patent regime has been the perfect harbinger of R&D and innovation in Indian pharma companies. The article elucidates on how research and innovation will leverage India into global leadership in the wake of the product patent regime. More and more Indian pharma companies are now investing humungous amounts on R&D. This will soon catapult India as the new
Keywords:	patent, intellectual property, drug, innovation, pharmaceutical, R&D, drug discovery,
What is Indian Pharma's Next Move?	M. Qaiser & P. Mohan Chandran	India	3/15/06	471	5.5/10
Abstract:	The article describes how Indian pharma companies would receive the change in patent regime from
Keywords:	Indian pharma, patent, process patent, reverse engineering, drugs, intellectual property, R&D
Patenting of Skin as a Technology Component	Jayant Kumar	Patent	4/5/06	192	6.8/10
Abstract:	With the progressive development of Intellectual Property Rights regime, countless inventions are embarking into the market due to which market doesn’t gets surprised to them now. But few months back, Microsoft left the mouth and eyes of people open with surprise by getting patent no. 67,54,472 granted. The patent was titled as Method and Apparatus for Transmitting Power and Data Using the Human Body. The article tries to research on the patent granted to Microsoft from not only legal perspective but also from technological perspective. To see that whether the technology is only adventurous or really feasible is another feature of the article.
Keywords:	BNA, Skin, Microsoft, Technology
Global Search for Software Patents: Is Google on eBay’s auction?	M. Qaiser & P. Mohan Chandran	Patent	4/5/06	349	10/10
Abstract:	The article describes the importance of software patents in the IPR era. Google and eBay have been able to build successful business models because of their thrust on software patents. Internet businesses are booming today and will thrive in future, too. In such a scenario, software patenting become indispensable for business organizations.
Keywords:	Google, search engine, software, patents, eBay, online business, licensing, intellectual Property.
Use of Trademark in Comparative Advertising: Situation in India	Priya Bansal	Trademark	4/5/06	485	7/10
Abstract:	Trademarks Act, 1999 has incorporated the provisions related to this concept in Ss. 29(8) and 30(1). According to the statute it is permissible, with certain limitations as to unfair trade practices. ‘Unfair trade practice’ has been defined u/s 36A of Monopolies and Restrictive Trade Practices, 1969 that stands repealed now. Another statute Consumer Protection Act, 1986 provides protection against unfair trade practice but in the cases of ‘comparative advertising’ the parties are firms (whose products are endorsed by the advertisements), which would not come in the ambit of ‘consumers’ to approach the consumer forum. Nevertheless, judicial pronouncements are playing an important role to determine the extent of comparative advertising. How the extent is determined? And what is the current situation? To deal with these questions is the objective of this paper.
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Domain Name Piracy: A Threat to Trade Mark	Raghvendra Singh Raghuvanshi & Gairik Guru	General Intellectual Property	5/1/06	566	6.8/10
Abstract:	The information technology has transformed the world into a global village. The Internet has established an inseparable link between man and the business. The internet has also brought disadvantages along with its advantages, like cyber squatting, cyber piracy etc. as the concept of globalization, liberalization and privatization is finding its way in the minutest of the commercial activities in developed, developing, and least developed countries, the importance of trademark is growing multi-fold. One cannot deny the value, a businessman attaches to its trademark. People identify the product of a particular manufacturer through its trademark. With the Internet being used in a big way by the businessmen for not only advertising and promoting their products, but also for selling them, the principles of trademark, infringement of trademark and passing off are being applied even in the online environment. One of the primary areas is Domain Names, which has been legal protection equal to that of a trademark. The domain name in the online world, just like the trade name in the offline world, serves to identify the goods/services provided by the company.
Keywords:	trade mark, domain name, IPR, intellectual property rights, IPR articles
Because, There is a Cause....	M. Qaiser & P. Mohan Chandran	General Intellectual Property	5/1/06	258	6.5/10
Abstract:	A patent acquired to stop others from patenting the invention with the intention to serve social cause is termed as ‘social patenting.’The idea is catching on because several big companies want to take visible actions that showcase their social responsibility. A copyleft is to copyright, what a social patent is to a patent. If you apply the principles and motivations of the social patents to a copyright, it will be termed as copyleft.
Keywords:	social patent, copyleft, copyright, intellectual property, patents, anti-patent
A NEW PARADIGM – 4 STEPS TO DEFENDING PATENT	Michael A. Shimokaji	Patent	5/1/06	781	3.1/10
Abstract:	Many contingency fee arrangements for defense counsel are possible for patent infringement suits. The contingency fee can be based solely on the savings between the settlement/judgment and damage exposure – which may be particularly workable where the damage exposure is quite high. In another situation, the defendant counsel’s fee may be a mix of hourly fee and contingency fee based on the savings.
Keywords:	patent litigation, patent lawsuit, contingency fee
Who Moved My 'Apple?'	M. Qaiser & P. Mohan Chandran	Patent	5/9/06	286	7.5/10
Abstract:	The article elucidates on how Apple Computers made the shift from personal computers to iPod through its constant innovation and R&D. Apple caught the market and industry analysts unawares by its unpredictable innovation-based business strategy, which has kept the company going in the face of severe competition from Microsoft and other companies.
Keywords:	Apple, computers, iMac, iPod, nano, Steve Jobs, iTune, Mcintosh, eMac, notebook, innovation, R&D,
Sasken 007: Licensed to Make A Killing!	M. Qaiser & P. Mohan Chandran	Patent	5/22/06	334	9/10
Abstract:	The article focuses on how Sasken became a global leader (world No.3) by focusing on its Intellectual Property portfolio. Sasken's revenues through Intellectual Property licensing were, on an average, about 55 percent of its total revenues. Sasken's product licensing revenues contributed 43 percent to its total revenues in 2001, and 47 percent in 2002. In 2005, Sasken earned Rs.186 million as royalties and licensing revenues from its intellectual property.
Keywords:	Sasken, licensing, intellectual property, patent, Internet Protocol, telecom, GSM, GPRS, 3G, R&D,
Intellectual Property Valuation: A critical aspect of IP Securitization	Radhika Pandey	General Intellectual Property	9/23/06	486	7.1/10
Abstract:	IP Valuation is a key component of Intellectual property securitization. The feasibility and desirability of investments in IP backed bonds is judged on the basis of projected cash flows from IP asset. The correct calculation of the discount rate can bring windfall gains for the investor of the IP backed bonds. This article thus presents an overview of the various valuation techniques in practice and their importance in judging the feasibility of securitised IP assets as an investment option
Keywords:	income approach, discount rate, securitisation
Patent search: Sixth Sense?	Premraj Rajagopal	General Intellectual Property	9/23/06	296	6/10
Abstract:	Patents are not only technical digests; but also a scale to measure the technological peak; economical elevators. Under the purview of patents law, the word “search” has got plethora of meanings. It drives you to any of the acquainted destinations such as “same”, “exact”, “similar”, “closely related’, “pertinent”, “relevant”, “match”, “nearly equal” and so on. However, each of the ‘above said’ terminologies reflect its vibrant effect while deciding a patent to be granted or not. If a patent search (hereinafter, search) hasn’t reveal the required information and consider once the patent application has been published, pre & post grant phase might become challenging; sometimes crucial.
Keywords:	Patents, IPR, Patent search, drafting, patentability, infringement
Patent Terrorism - Terror of the Intangibles	M. Qaiser & P. Mohan Chandran	Patent	9/23/06	294	7.6/10
Abstract:	The article describes how patent trolls are speaading terror among companies across the world. The emergence of Patent trolls and ways to handle them are detailed in the article.
Keywords:	patent troll, patent terrorism, patent, intellectual property, intel, intergraph, texas,intangible
DATA PROTECTION LAW IN INDIA: THE TRIPS ANALYSIS	Praveen Dalal	India	9/23/06	934	9.3/10
Abstract:	The aim of this article is to evaluate the mandates and requirements of TRIPS Agreement, entered under the banner of World Trade Organisation (WTO), vis-à-vis data protection requirements in India. The discussion becomes essential, as the heat of these mandates has been felt with effect from 01-01-2005 when the provisions of the TRPIS Agreement came into full force in India. The discussion also assumes significance in the light of recent BPO frauds involving data property as the same may provide a solution for these problems in future. A timely attempt has been made to make the society aware about the impact of the same vis-à-vis data protection requirements.
Keywords:	TRIPS Agreement, Indian Copyright Act, 1957, IT Act, 2000, Data Protection in India.
ROLE OF PATENT LITERATURE AND PATENT SEARCHING ON TECHNOLOGY DEVELOPMENT	Tanuj Kumar Joshi	Patent	9/23/06	1016	9.1/10
Abstract:	The purpose of the present article is to provide the fundamentals information about the patent and their role in technology development. The project also discloses the patent searching techniques which, now a days, frequently used to identify the IP benefits for the industrial and scientific innovations. The present project deals with the utilization of following points focused on the role of patent and searching techniques in the preference of Technology development scenarios. • Brief overview on Patent literature • Role of patent in advancement of technology development.. • Review on basic and typical patent searching • Most frequently used Patent databases and their uses to help Inventors / industrial mangers
Keywords:	patent, searching, databases, technology development
Liberalizing FDI: The Retail Sector in India	Srijoy Das	India	9/23/06	2068	7.5/10
Abstract:	The Indian Government has finally taken baby steps towards opening up the retail sector to foreign investment. In a recent announcement, the Government stated its intention to permit foreign investment in ‘single brand’ retail up to 51% with the remaining 49% to be owned by Indians. Permission of the Foreign Investment Promotion Board, the agency responsible for approving foreign investments into the country, is required before any investment is made. ‘Single brand’ retail implies that a retail store with foreign investment can only sell one brand. For example, if Adidas were to obtain permission to retail its flagship brand in India, those retail outlets could only sell products under the Adidas brand and not the Reebok brand, for which separate permission is required. If granted permission, Adidas could sell products under the Reebok brand in separate outlets. Retailers would be able to sell multiple products under the same brand and not be limited to one or two products.
Keywords:	india, retail, brand, law
NEW AMENDMENTS TO PATENT LAW, INDIA	Sudhir Kumar Aswal	India	9/23/06	577	9.1/10
Abstract:	Recently Government of India has brought an amendment to change the whole structure of the patent law in India. This is a positive step in right direction whereby the Indian Patent office is made more accountable and to prosecute the application at teh earliest. At the same time, the time frame for complying with various directions of the Patent Office is increased considerably.However the major concern has not been addressed yet. Though the govt. brought an ordinance to bring the computer software imbeded in hardware and having industrial application into the defination of patentable inventions way back in April 2005 the same was not promogulated within the stipulated time frame.
Keywords:	amendments, patent rules, examination, compliance, india
Software Patents Workability In India	Sudhir Kumar Aswal	Patent	9/23/06	959	7/10
Abstract:	Software Patent laws in India are still in developing phase. Indian Govt. recognises it only as a literary work and grants copyright prosecution. Though in April 2005 there was a propsle to include the software patents imbedded in hardwares to be patentable but under protest from the software assoiciation in India the same law was not enacted. Still there is way to come out of this situation that is to draft specification in such a manner that invention appears to be of a generic hardware.
Keywords:	software, patents, hardware, computer
ANTI-PIRACY and other MUSIC PROTECTION	SALLY RAMAGE	General Intellectual Property	9/23/06	503	9.1/10
Abstract:	The speed and inventiveness of digital technology has forced the reappraisal of the means of protection of musis rights.
Keywords:	music piracy Europol Met Sally Ramage
The agony of the Macedonian music industry:whose (copy)rights are protected	Mirjana Todorovska	General Intellectual Property	9/23/06	222	5.8/10
Abstract:	The article focuses on the current trends occuring in the macedonian music industry from the view point of music copyrights and related rights. The article is a sublimate of the research done by the Center for Information Society and Intellectual Property, Macedonia in the field of music copyrights and related rights. The main issues discussed are as follows: - the piracy problems faced by the main stakeholders from the cultural sector in Macedonia - the degree of awareness about the existence of adequate institutional and legal frameworks that might deal with the piracy issues. - the non existence of an agreement reached between the main stakeholders in the music industry (the music copyrights holders and the music copyrights users) about the collective management and usage of music copyrights.
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PATENTABILITY OF MICROORGANISMS	Sudhir Kumar Aswal	Patent	11/25/06	613	7.6/10
Abstract:	Inventions pertaining to Microorganisms and other Biological material were subjected to product patent in India unlike many developed countries. But with effect from 20.05.2003 India has started granted patents in respect of invention related to microorganisms though India was not obliged to introduce laws for patenting microorganisms per se before 31.12.2004.
Keywords:	Microorganisms, patents, biological material, sudhir kumar aswal, aswal associates, aswal
PCT FILING IN INDIA	Sudhir Kumar Aswal	Patent	11/25/06	416	8.1/10
Abstract:	All PCT Applications designating India are considered as Indian Patent Applications filed on the date of the International Application. The period for entering into national phase is 21 months if India is designated or 31 months if India is designated as well as elected; from the priority date. Following are the basic requirements for entry into National Phase in India: (i) Application setting out the title of the invention, names, addresses and Nationality of the inventors; applicants. (ii) Complete specification a filed before the International office with claims, drawings and abstract. (iii) Prescribed Fees in cash/by local cheque /by demand draft. (iv) Translation of International Application if the Application is not filed in English. Once the national processing has started, the following documents may be furnished:
Keywords:	PCT filing in India, National Phase Filing in India, PCT law In India
Compulsary License for Patents in India	Sudhir Kumar Aswal	Patent	11/25/06	467	7.3/10
Abstract:	Patents are granted to encourage the inventors to disclose their inventions and also to grant them monopolistic right to exploit the invention. The objective of Patent Grant in India is to ensure that the inventions are worked in India on a commercial scale and to the fullest extent without any undue delay. Accordingly, any interested person after expiry of 3 years from grant of patent even though if he is a license under the patent, may make an application to the Controller for grant of compulsory license on the grounds that
Keywords:	Compulsary license in India, License,
THE CHANGING FACE OF IP- PATENTS©	Gautam Bakshi and Ashu Gautm Bakshi	General Intellectual Property	11/25/06	440	8.1/10
Abstract:	With the globalization of economies the world over and the stiff techno-commercial competition, the need of fencing around one’s Intellectual Property (IP) is ever-increasing. Intellectual property covers the intellectual creations of human mind and is protected by Patents, Layout Designs, Industrial Designs, Trademarks, Geographical Indications and Protection against Unfair Competition.
Keywords:	WIPO, PATENTS
Why Good Partnerships Go Bad	Dennis McCue	General Intellectual Property	11/25/06	213	9/10
Abstract:	One of the most common structures for law firms is a business partnership. There are many reasons why, but if you consider that it is probably the most difficult arrangement for doing business, you would think that attorneys – some of whom are the experts in the creation and dissolution of business entities – would avoid them. Yet this is not the case. In fact, some lawyers join and leave partnerships more often than some people buy new cars.
Keywords:
Copyright Law and Intellectual Property Rights for Programmers	Leigh Ellis	Copyright	11/25/06	747	9/10
Abstract:	A synopsis of copyright protection of computer software in the United Kingdom from the perspective of a computer programmer.
Keywords:	copyright intellectual property lawyer solicitor United Kingdom UK
Execution of Improved Patents	Binqiang Liu	Patent	11/25/06	275	7/10
Abstract:	Have you ever heard of improved patents? What should you do if you face such a situation? See what I introduce about Execution of Improved Patents.
Keywords:	patent improved cross-license
TRIPS Flexibilities: Tools for Indian Pharma in the product patent regime	Ajay Kumar	India	11/25/06	526	9.8/10
Abstract:	In the TRIPS compliant product patent regime in India, issues related to drug price, availability of drugs,and possible dominance of MNCs over the domestic pharma companies are of major concerns.India needs a balanced approach in terms of policy implementation,so that along with providing intellectual property protection as per TRIPS requirement,the sustained growth of its domestic pharma industry don't get hampered.TRIPS flexibilities provides a solution for this which India need to properly use and implement as per its requirement.
Keywords:	TRIPS Flexibilities, Patent, WTO, Indian Pharma
Review Article: Product Patent and its impact in India.	Ajay Kumar	General Intellectual Property	1/15/07	361	9/10
Abstract:	The present article evaluates research and studies done in the field of “Effect of TRIPS compliant patent act in the availability and affordability of medicine in India”. It is a review work of the researches done in this field revealing different views and opinions. The aim of the article is to understand the subject matter in the light of views and conclusions drawn by different scholars.
Keywords:	TRIPS, Patent, Medicine
What are Trademarks and Why You Need to Take Them Seriously	Michael N. Cohen, Esq.	Trademark	1/15/07	715	8.6/10
Abstract:	Trademark application, trademark search, trademark litigation, cease and desist? What does it all mean? This article explains when to do a trademark search and why.
Keywords:	trademark, lawyer, attorney, los angeles, application, patents, trademark search
Legal and Policy Implications for allowing gene patents	Anuranjan Sethi	General Intellectual Property	1/15/07	330	8.7/10
Abstract:	This paper would deal with the issue of 'gene patents' by tracing its origins through U.S. case laws and the contemporary place it occupies in the legal theory. Further the paper would draw policy implications of patenting gene sequences from a third world country perspective, especially for India. The first section would trace various important judicial pronouncements in the U.S. and Europe dealing with the patenting of biotechnological innovations up to the watershed case of Diamond v. Chakrabarty. This section would find that a constant expansion in the patentability criteria of law took place in the field of biotechnological innovations to make the law more and more inclusive in its scope. Next section would theorize around the nature and unique characteristics of 'gene sequences' as biotechnological innovations and discuss various episodes of attempts to patent 'gene sequences'. Through a multi-pronged analysis consisting of the established principles of patent law to the ethical dimension it invokes, this section would further study arguments advanced by the advocates of gene patents in various forums. Third section would raise some policy concerns that have been increasingly voiced by several medical practitioners and independent biochemical researchers, who have warned that gene patents would freeze all bio-medical innovations. The last section would argue that implementing gene patents is a bad legal policy choice and highly undesirable for a developing country like India.
Keywords:	patent, intellectual property, genes, biotechnology, law, policy
Singapore Treaty: Towards a new Trademark Regime	Pradeep Padman	Trademark	1/15/07	384	8.3/10
Abstract:	The World Intellectual Property Organisation (WIPO) has streamlined the administrative procedures for national and regional trademark applications by adopting the Singapore Treaty on the Law of Trademarks, concluding four years of work on the revision of the 1994 Trademark Law Treaty (TLT). The adoption of the Singapore Treaty marks a major milestone for WIPO as well as the international intellectual property community. Building on the TLT 1994, the new Treaty has a wider scope of application and addresses new developments in the field of communication technology. Radio jingles, perfume scents and holograms are among the unusual items that can now be protected under the trademark. PRADEEP PADMAN examines the new Singapore Trademark Treaty which adopts new standards and procedures for trademark protection to bring it in line with the technological developments of the past decade.
Keywords:	Singapore Treaty
Understanding Prior Art	AJAY KUMAR	Patent	1/15/07	623	7.3/10
Abstract:	In Intellectual Property Management, it is essential to perform an extensive prior art search,which will help to establish novelty while filing patent application, to oppose granted patent, to safeguard from ingrigement and to avoid litigation issue. Present article tries to understand prior art in different countries, its importance, and methodolgy employed for prior art search.
Keywords:	Prior Art, Novelty, Patent
Contributory Patent Infringement	Manoj Pandey	Patent	1/15/07	804	6.2/10
Abstract:	In pharmaceutical sectors, research based companies invest heavily in the Research and Development (R&D) of new chemical entities, their formulations and delivery modes. Patent protection is very important in pharmaceutical industry in order to generate revenues for continued research for new drug product to bring to the market. This article with some case studies describes the potential threat of contributory infringement that need to be considered in pharmaceutical industry.
Keywords:	Patent infringement, Contributory infringement, pharmaceutical
THE LAW ON TRADEMARKS IN INDIA	Chandrakanti.L & Dr. Sreenivasulu.N.S	Trademark	11/3/07	271	8/10
Abstract:	The article speaks about the trademark law in India. Since the adoption of the Paris convention on industrial property till the TRIPS agreement the Trademark law has vitenessed several changes. However the crux of the trademark law to protect the marks of reputation and fame identifying the goods and services of a particular origin and quality remains same. The paper highlights the means and mechanisams available under the law to protect the valid trademarks in India. The article also speaks about the enforcement of trademarks in case of infringement. It is an attempt to laydown the law relating to trademarks in a comphrehensive way
Keywords:	trade mark, protection, law, Act, goods, services
Void Employment Agreements by Outsourcing Companies in India	Vinod Kumar Singh	Other Intellectual Property	11/3/07	163	5.6/10
Abstract:	The globalization of knowledge and proven potential of Indian people lead to the emerging outsourcing business. Almost every contract of employment in India contains a non-objective privacy and confidentiality clause, and is widely recognized as one of the important clauses in the employment contract. However in India it is generally restricted to the period during the subsistence of services, and any restriction beyond that has been recognized as unreasonable restriction by Indian Courts. This aspect of contract employment is governed and regulated by Section 27 of the Indian Contract Act, 1872 which provides that every agreement by which one is restrained from exercising a lawful profession, trade or business of any kind is to that extent void.
Keywords:	employment, contract, outsourcing, India, Vinod, confidentiality, restrict
The International IP Regime and its Impact on the HDI	Dhruv Balai paul	General Intellectual Property	11/3/07	48	9.5/10
Abstract:	The latter half of the 20th century witnessed an unprecedented augmentation of material prosperity and wealth across the globe. Indicators like GDP and National income spawned unjustified and myopic euphoria and a general feeling of prosperity, which continues to linger in the conscious of a few. These indicators conceal the gory underbelly of chronic poverty and underdevelopment which has spread its tentacles across large swaths of the South region. It fails to reflect the incoherent policies adopted by countries in blind adulation of developed countries which has increased the chasm between the ‘haves’ and ‘have nots’ to gargantuan proportions. The period from 1980s has witnessed spectacular transformations in the form of globalization and technological advances. Innovation has acquired a completely new dimension as radically different technologies are poised to irrevocably transform human lives. While the inevitability of the emerging knowledge sector transforming our lives in some manner is indisputable, the pivotal question is how to harness this phenomenal potential and channelise it for the larger good of all the peoples of the world i.e. human development.
Keywords:	IP and HDI, role of Ip in human development
Implied Licenses and Ownership of Intellectual Property Rights in the UK	Leigh Ellis	Copyright	11/3/07	115	5.6/10
Abstract:	In Robin Ray v Classic FM, the English High Court held that a contractor providing services owns the intellectual property in the materials created for the client. The decision is a useful guide to contractors as it is one of the leading cases in determining the whether a commissioner of intellectual property may use intellectual property for purposes not explicitly contemplated by a written agreement. Gillhams Solicitors is a firm of London Lawyers advising on intellectual property rights and litigation.
Keywords:	copyright implied licenses UK law
China's Guidebook for Pharmaceutical Patent Protection	Labwu Zengxian	Patent	11/3/07	269	5.5/10
Abstract:	Dear Sirs, Access China will publish China's Guidebook for Pharmaceutical Patent Protection in March 2007. Access China is seeking the distributors for China's Guidebook for Pharmaceutical Patent Protection. Can we establish the partnering relationship to introduce this guidebook to overseas legal and pharmaceutical professionals ? Here I send the publication dates, price, format, along with tables of contents and executive summaries for four volumes of China Pharmaceutical Guidebook Series as the following and an introduction as the attached file. I look forward to hearing from you and discussing on distribution. Best wishes, Yours sincerely, Labwu Zengxian President Access China http://www.accesschinainfo.com Email: zengxian.wu@gmail.com ====================================================== Description China is expected to become the fifth largest drug market in the world by 2010 with a growth rate of 20-25 percent per annum in next three years. As China joins the World Trade Organization (WTO) and integrates more completely into the global economy, it will further open the door to a lucrative drug market for overseas pharmaceutical companies, which attracts more and more overseas pharmaceutical manufacturers and producers to enter such drug market and seize a larger part of such drug market. However, the Chinese social environment for the protection of intellectual property right is complex. The locally produced generics and copy products dominate the Chinese drug market. It is estimated that about 97 percent of the drugs produced by local companies are generics or counterfeits. Facing such complex social environment and market, most overseas and multinational pharmaceutical companies fear that their imported drugs and pharmaceuticals produced in China will be imitated or copied, in turn, their intellectual property will be infringed and benefit will be violated. What reason incurred such fear of overseas and multinational pharmaceutical companies? Why did Eli Lilly & Company fail in its litigation of patent infringement dispute case in China? Why can Pfizer win in an administrative proceeding against the Patent Reexamination Board of the China State Intellectual Property Office (SIPO) for its Viagra patent? Lack of knowledge of the Chinese intellectual property right system and legislation institution, the cultural difference between China and Western countries as well as the language barriers incurred such result. China's Guidebook for Pharmaceutical Patent Protection is an essential resource for overseas and multinational pharmaceutical companies to achieve a successful patent protection for their intellectual property in China. This guidebook, targeting overseas and multinational pharmaceutical companies and combining case studies of patent infringement dispute in China from them, will provide a comprehensive and thorough knowledge of the Chinese patent system and legislation institution to guide overseas and multinational pharmaceutical companies step by step to achieve a successful patent protection for their intellectual property in China, which is beginning from the organization structure and the responsibility of Chinese patent authorities, the application for patent, the examination and approval of application for patent, the protection of patent right, to design for compositions of optimized patent protection strategies. Its audiences are the executives from overseas and multinational pharmaceutical companies who have the preliminary knowledge of patent. It is also a textbook for the readers studying in the patent protection for intellectual property rights relating to pharmaceuticals. After having skimmed through this guidebook, audiences and readers can not only be clearly aware of the Chinese patent system and legislation institution, but also design an optimized patent protection strategy for themselves to acquire an adequate protection for their patent right in China. Guidebook Highlights China's Guidebook for Pharmaceutical Patent Protection provides a comprehensive and thorough knowledge of the Chinese patent system relating to pharmaceuticals, the detailed administrative, civil and criminal judicial pathways for protections of patent right, and the design for composition of optimized protection strategies. Ć The organization structure of patent authorities and judicial system; Ć A comprehensive and thorough knowledge of the Chinese patent system and the relevant laws and administrative regulations relating to pharmaceuticals; Ć The patentable subject matter relating to pharmaceuticals in China; Ć Administrative protection for patent right; Ć Civil judicial procedures and remedies for patent right; Ć Criminal punitions for infringement of patent right; Ć Design for compositions of optimized protection strategies; Ć Case studies and comparative analyses of patent infringement disputes. Table of Contents Executive Summary 4 Preface 6 Chapter 1. Introduction 9 Chapter 2 . Organization Structure of Patent Authorities and Judicial System 12 2.1. Organization Structure of Patent Authorities 12 2.2. Organization Structure of Judicial System 14 2.3. Responsibilities of the State Intellectual Property Office (SIPO) 15 2.3.1. Responsibilities of the Patent Office 15 2.3.2. Responsibilities of the Patent Reexamination Board 16 Chapter 3. The Objects of Patent Right 17 3.1. The Objects of Patent Right 17 3.2. The Non-Patentable Subject Matter 18 Chapter 4. The Patentable Subject Matter Relating to Pharmaceuticals 19 4.1. The Patentable Subject Matters for Invention 19 4.2 . The Patentable Subject Matters for Utility Model 22 4.3. The Patentable Subject Matters for Design 22 Chapter 5. Application for Patent 23 5.1. The Right of Patent Application 23 5.2. The Applicant for Patent 24 5.3. The Date of Filing and the Priority Date 24 5.3.1. The Date of Filing 25 5.3.2. The Priority Date 25 5.4. Application for Patent 27 5.4.1. Application for a Patent for Invention or Utility Model 28 5.4.2. Application for a Patent for Design 33 Chapter 6. Examination and Approval of Application for Patent 34 6.1. Examination and Approval of Application for Patent for Invention 35 6.2. Examination and Approval of Application for Patent for Utility Model and Design 42 6.3. Examination and Approval Procedure of Application for Patent for Invention 48 6.4. Examination and Approval Procedure of Application for Patent for Utility Model or Design 50 Chapter 7. Reexamination of Patent Application and Invalidation of Patent Right 51 7.1. Reexamination of Patent Application 51 7.2. Reexamination of Invalidation of Patent Right 53 Chapter 8. Legitimate Rights and Liabilities of Patentee 56 8.1. Legitimate Rights and Interests of Patentee 56 8.2. Legitimate Liabilities of Patentee 58 Chapter 9. Limitation of Patent Right 58 9.1. Exceptions to Patent Right Conferred 59 9.2. Compulsory License for Exploitation of Patent 60 Chapter 10. Protection of Patent Right 62 10.1. Duration and Scope of Patent Right Protection 62 10.2. Infringement of Patent Right and Legal Liability of Infringer 62 10.2.1. Infringement of Patent Right 63 10.2.2. Legal Liability of Infringer 64 10.3. Administrative Protection for Patent Right 65 10.3.1. Administrative Protection of the Patent Authorities 65 10.3.2. Administrative Protection of the Customs 67 10.4. Administrative Judicial Procedures for Protection of Patent Right 73 10.5. Civil Judicial Procedures and Remedies for Patent Right 74 10.5.1. Scope of Civil Patent Disputes 74 10.5.2. Jurisdiction 75 10.5.3. The Time Limit of Litigation 76 10.5.4. Application for Pre-trial Cessation of Infringement and Property Preservation 76 10.5.5. Litigation 79 10.5.6. Remedies and Compensations 81 10.6. Criminal Punitions for Infringement of Patent Right 83 Chapter 11. Compositions of Optimized Protection Strategies 83 11.1. Optimized Patent Protection Strategies based on the Kind of Patent Right 84 11.1.1. Review of Some Essentials of Knowledge 84 11.1.2. Compositions of Optimized Patent Protection Strategies based on the Kind of Patent Right 87 11.1.3. Case Studies 91 11. 2. Optimized Protection Strategies beyond Patent Right 99 11.2.1. Case Study: Pfizer's Viagra Patent and Trademark Dispute in China 100 11.2.2. Essential Knowledge of Registered Trademark in China 107 11.2.3. Optimized Protection Strategies beyond Patent Right 113 Chapter 12. Appendices 114 12.1. Case 1: A Patent Infringement Dispute of Eli Lilly (Eli Lilly and Company) v. Jiangsu Hansoh Pharmaceutical Corporation & Shanghai Institute of Pharmaceutical Industry in China 114 12.2. Case 2:: A Patent Infringement Dispute of Abbott Laboratories v. Andrx Pharmaceuticals, INC. 130 12.3. List of the People's Courts Accepting First Instance Administrative and Civil Litigations for Patent Case 150 12.4. Patent Registration and Patent Gazette in China 153 12.4.1 . Patent Registration in China 153 12.4.2. Patent Gazette in China 153 12.5. References 155 12.6. Resources 157 12.7. Author's Biography 158 12.8. Company's Description 159 ========================================================
Keywords:	China Pharmaceutical Patent Protection, Pharmaceutical Patent Protection
Entrance of Indian Generic drug companies in US drug market	Tanuj Kumar Joshi	Patent	11/3/07	181	5.5/10
Abstract:	In India, business of most of pharma companies is solely based on Active pharma ingredients (API) .Here first, is assigned to mention of role of API, API is the part of drug dosages, which is only responsible for pharmacological action in human body. Food and drug administration FDA of US, list out all the approved drugs with complete specification or patent related information, if any, in a publication known as Orange book. Orange book classified drugs based on three categories • Prescribed drugs • Over the counter drugs • Discontinued Drug Products. To know the market strategies of Generic drug manufacturers, first we have to simply look, the procedure of filing ANDA (abbreviated new drug application), which US put forward, in scenario of, promoting generic bulk drug manufacturers and also for drug price control activities under hatch-Waxman act. Procedure of filing ANDA: Any generic firm can file ANDA, for any already approved drug application with one of the four following certificates. 1. Para I: if the drug information is not patented. 2. Para II: if the drug information has expired patent. 3. Para III: if the patents for particular drug specification are has to be expiring soon. 4. Para IV: if the generic version of particular drug is not infringed by the listed drug patent, or the inventors patent is invalid. In the above first two cases , generic player get 180 days market exclusivity after filing ANDA, for any listed drug, on first come first basis. In the third case, Exclusivity can only give after the expiry of patent. But the 4th case is so interesting. In this case, generic player who filed ANDA under Para IV, for a particular listed drug, has to be notifying main inventor of drug. Within 45 days of notification if real inventor sue generic version as an infringement, 180 days market exclusivity postpones to 30 month, or the time taken in court dispute or till the date of expiry of patent. In any given case if any generic manufacturer get ANDA, then he is the only market player for the drug with 180 days exclusivity’s with no prior R&D expense like the real inventor of drug, he can sell the drug with lower price then the real inventor , so cutting the real inventors monopoly in drug price, one can get a large beneficial amount within 180 days, by only proofing once drug bioequivalent to the invented drug in front of FDA So this is how our Indian generic bulk drug manufacturing companies are entering in US pharma market and gaining profit.
Keywords:	API, Pharma, Hatch-waxman
Adding Life to Patents - Huddles and Struggles	Neelakamal Mohapatra and Rupalekha Mohapatra	Patent	11/3/07	307	8/10
Abstract:	In this article the authors have tried to provide the importance of patenting life forms in the current scenario along with various problems and controversies of patenting life forms as well as their existing solutions. This paper will cover only three important parts of life forms such as microorganisms, plants and animals. The main focus has been to highlight issues (legal, ethical and environmental) related to life patenting. The objective is three fold in nature-first understanding–what is life patenting is all about and second, understanding the discrepancies involved with it, within the existing laws of India, US and EU and Indian Stand (Judiciary and Legislative) on life patenting.
Keywords:	Patent, Life-form, Biotechnology, microorganism
Locutus newsletter	Carmen Champion	Intellectual Property Newsletter	11/3/07	17	6.1/10
Abstract:	This issue deals with the protection of customer information, and the issue of the assignability under Australian law of the contractual obligation of confidentiality.
Keywords:	confidential information; assignability; implied term.
Copyright and Emerging Technologies	Poorvi Chothani	Copyright	11/3/07	239	6.2/10
Abstract:	The increased importance of electronic and digital media requires copyright owners to pay greater attention to electronic and digital rights issues. Thus, most contemporary contracts, at least where parties are represented by lawyers, contain some reference to
Keywords:	Copyrights, Mechanical Rights, Video Recordings, Music, Ring Tones, Digital Rights, Wallpapers,
Major Changes After Amendment of Rules, 2006	Sanjay Patel	Patent	11/3/07	87	6/10
Abstract:	After amendment of The Patent Rules 2003, which came in effect from 5th May 2006, there may be totally different picture and mainly in respect of time lines for doing any act.
Keywords:	Amendment, Rules, Changes
Dependent Claims usually broaden Patent Rights	Reshma Khan Goaran	Patent	11/3/07	238	5.6/10
Abstract:	“Claims” describe the invention and clearly demarcate the limits of the right of the patentee. One of the ways of writing claims is in the form of independent and dependent claims, wherein the first claim is broader and subsequently the other claims by reference to the previous claim detail and explains the invention further. The question which this paper seeks to answer is “whether dependent claims broaden the patent rights?”
Keywords:	dependent claims
Implementing Intellectual Asset Management Program for the Enterprise	Chris Jones	General Intellectual Property	11/3/07	126	5.2/10
Abstract:	Intellectual asset management is a structured and disciplined approach for turning ideas and knowledge into intellectual property and revenues. Implementing successful intellectual asset management (IAM) processes requires five fundamental pieces within an organization: an intellectual asset management strategy, a dedicated team, well defined processes, infrastructure and systems, and metrics for continuous improvement.
Keywords:	intellectual asset management, intellectual property management, IP management, patent management
Software Patents	Adi Naveen Kumar Yadav	Patent	11/3/07	195	Rate It!
Abstract:	Certainly, EU can adopt US and Japan style of software patenting. Nevertheless, an EU directive shall satisfy the arguments against software patenting and gain confidence of majority of EU Parliament. EU Commission’s next directive shall have clarity towards software patenting. In particular, a directive should satisfy the anti-software-patenting-wave (7 factors) and also clarify the term ‘technicality’. The directive must also lay high side for SMEs and individual programmers, who are the crucial providers of path-breaking innovation in EU. An EU directive with clarity will not only enforce software patents, but also harmonise the divergent practices of member states. By adopting software patenting system EU will withstand global competition. With EU, US and Japan following the software patenting system will bring global harmonisation.
Keywords:	Software Patents, Computer Programs & Patents
Software Patents - EU Aspect	Adi Naveen Kumar Yadav	Patent	11/3/07	123	6/10
Abstract:	Certainly, EU can adopt US and Japan style of software patenting. Nevertheless, an EU directive shall satisfy the arguments against software patenting and gain confidence of majority of EU Parliament. EU Commission’s next directive shall have clarity towards software patenting. In particular, a directive should satisfy the anti-software-patenting-wave (7 factors) and also clarify the term ‘technicality’. The directive must also lay high side for SMEs and individual programmers, who are the crucial providers of path-breaking innovation in EU. An EU directive with clarity will not only enforce software patents, but also harmonise the divergent practices of member states. By adopting software patenting system EU will withstand global competition. With EU, US and Japan following the software patenting system will bring global harmonisation.
Keywords:	Software Patents, Computer Program, Patents
PATENT INFRINGEMENT ANALYSIS	Punyatoya Patnaik	General Intellectual Property	11/3/07	598	8.4/10
Abstract:	In regards to various Industrial sector,protection of patent plays a significant role in generating innovation which ultimately helps in enhancing industrial productivity and profitability. Present article tries to give the general concept required in analysing a patent infringement.
Keywords:	claims,infringement,doctrine of equivalent
Internet File Sharing of Copyright Protected Works: A Canadian Perspective	Mr. Alain P. Lecours	Copyright	11/3/07	190	5.5/10
Abstract:	In Canada as in the rest of the world, downloading copyright-protected works via Internet is a common, although controversial, practice. Peer-to-Peer (“P2P”) file-sharing is the most commonly used mean of downloading. Is this practice legal under Canadian law? In Canada, the Copyright Act protects all works (...)
Keywords:	Canada , copyright, Internet, download, Canadian law
Business’ Name, TradeMark, and Domain Name: An Essential Symbiosis	Mr. Alain P. Lecours	Intellectual Property Newsletter	11/3/07	123	5.4/10
Abstract:	Image, or corporate identity, is one of the main assets that a business owns and must be protected. That image may be related to the business itself, or yet to the products and services it offers. A business’ image (or that of its products) may be carried across by three (3) main vehicles: 1) its business name; 2) its trade-mark; and 3) its domain name (or URL address).
Keywords:	corporate identity, image, trademark
TRADEMARK REGISTRATION PROCEDURE IN PAKISTAN	MUHAMMAD NOUMAN SHAMS, ADVOCATE	Trademark	11/3/07	341	10/10
Abstract:	..
Keywords:	qazi
Market Approach of Intellectual Property Valuation	Deepak Sharma	General Intellectual Property	11/3/07	247	10/10
Abstract:	One of the classification of the property which is owned by its proprietor, intellectual property is also can be valued by various approaches using some financial, statically, comparative, analytical, legal methodological inputs. Valuation of IP is requisite to furnish such requirements of trade, research & development, legal and regulatory purposes.
Keywords:	intellectual property, valuation, IP valuation, market approach
income approach of intellectual property valuation	Deepak Sharma	General Intellectual Property	11/3/07	395	10/10
Abstract:	The income approach attempts to calculate the present value of the projected future income flow arising from the subject IP (patent) during its economic life. The Income Approach utilizes the ability of the intellectual property to generate cash flow. The Income Approach is generally applicable to most situations and intangible assets. This approach is based on discounted cash flow theory and defines the value of the subject property as the present value of the anticipated net economic benefits to be achieved over the duration of the property’s useful life. When using the Income Approach to value intellectual property, future income or cash flow related to the business, business segment or product line under consideration is estimated. The forecasted cash flow is then discounted via present value calculations to determine the current value of the operation. At this point, it is necessary to ascertain the portion of this value that is attributable to the intellectual property.
Keywords:	income approach, intellectual property, valuation, IP, IPR
Trademarks Law in India	Sudhir Kumar Aswal	Trademark	11/3/07	255	5.1/10
Abstract:	Indian Trademark Law has been codified in conformity with the International Trademark Law and is about to undergo an amendment to be at par International Trademark Law. Recently India has signed Madrdid Protocol that will allow Foreign Applicants to file an International Application designating India like many countries around the globe e.g China. Though unlike China and many other countries Multi class filing is allowed in India.
Keywords:	Trademarks, laws, India
Synopsis of Intellectual property Rights	Leigh Ellis	General Intellectual Property	11/3/07	246	3/10
Abstract:	An overview of patent law, copyright, designs law, confidential information and trade mark law in the UK.
Keywords:	intellectual property copyright trade mark law firm design
Priority Claim Differences between China and the US	Ruay L. Ho	Patent	11/3/07	172	5.3/10
Abstract:	Priority claim under Chinese patent system is different from that under the US system, which can cause many problems and burden examiners' work load. There are some posssible sulutions, but none is for sure.
Keywords:	patent application prosecution priority claim
Amendments to EPC	Krishna Kumar Chavali	Patent	11/3/07	174	8.5/10
Abstract:	Effective 13 December 2007, the EPC2000 is coming into force making some significant amendments to the European patent law. These amendments may be beneficial to the pharmaceutical sectors. Few of the amendments are discussed herewith in this article.
Keywords:
Entrance of Indian Generic drug companies in US drug market	Tanuj Kumar Joshi	Patent	11/3/07	536	5.6/10
Abstract:	Entrance of Indian Generic drug companies in US drug market In India, business of most of pharma companies is solely based on Active pharma ingredients (API) .Here first, is assigned to mention of role of API, API is the part of drug dosages, which is only responsible for pharmacological action in human body. Food and drug administration FDA of US, list out all the approved drugs with complete specification or patent related information, if any, in a publication known as Orange book. Orange book classifies drugs based on three categories • Prescribed drugs • Over the counter drugs • Discontinued Drug Products. To know the market strategies of Generic drug manufacturers, first we have to simply look, the procedure of filing ANDA (abbreviated new drug application), which US put forward, in scenario of, promoting generic bulk drug manufacturers and also for drug price control activities under hatch-Waxman act. Procedure of filing ANDA: Any generic firm can file ANDA, for any already approved drug application with one of the four following certificates. 1. Para I: if the drug information is not patented. 2. Para II: if the drug information has expired patent. 3. Para III: if the patents for particular drug specification are has to be expiring soon. 4. Para IV: if the generic version of particular drug is not infringed by the listed drug patent, or the inventors patent is invalid. The 4th above mentioned case is so interesting. In this case, generic player who filed ANDA under Para IV, for a particular listed drug, has to be notifying main inventor of drug. Within 45 days of notification if real inventor sue generic version as an infringement, 180 days market exclusivity postpones to 30 month, or the time taken in court dispute or till the date of expiry of patent. In any given case if any generic manufacturer get ANDA, then he is the only market player for the drug with 180 days exclusivity’s with no prior R&D expense like the real inventor of drug, he can sell the drug with lower price then the real inventor , so cutting the real inventors monopoly in drug price, one can get a large beneficial amount within 180 days, by only proofing once drug bioequivalent to the invented drug in front of FDA So this is how our Indian generic bulk drug manufacturing companies are entering in US pharma market and gaining profit
Keywords:	ANDA, pharma, exclusivity
The National Phase application in Vietnam	Nguyen Duc Thang	Patent	11/3/07	204	10/10
Abstract:	listing some important items relating the Vietnamese stage of the PCT applications.
Keywords:	intellectual, patent, property, patent, attorney
Why a Patent Claims ?	Tapan Brahma	Patent	11/3/07	354	5.4/10
Abstract:	A factor which may affect the interpretation of patent claims is prior judicial definition of terms or expression appearing in the claims. It may be noted that legal protection is awarded only to what is included in the claims and the matter not included, is open to public for creating new inventions. Patent claims, unless limited by patent office proceedings or by prior art, or by judicial determination, are to be construed literally.
Keywords:	Patent Patents Claims Claim
Rights protected under Patent, Trademarks, Trade Secrets, and Plant Breede	Vijay K. Gupta	General Intellectual Property	11/3/07	350	7.6/10
Abstract:	Patents can cover new products, processes for creating these new products, and new processes for creating existing products. Trade secrets can cover information of a business or technical nature that have commercial value and secrete processes like mixtures of ingredients, recipes and knowhows. The protection applies to new plant varieties satisfying the criteria of distinctiveness, uniformity and stability. Trademarks protects a sign, logo, firm name, brand name, symbol, etc.
Keywords:	Rights, Patent, Trademarks, Plant varieties, Trade Secretes
Domain Tasting - A Foul Play of Modern Techno-Internet World	Jaideep Kharub	General Intellectual Property	11/3/07	115	10/10
Abstract:	Domain Tasting & Domain Kiting are monetization practices by which big players of the Internet world play a game to earn handsome money without paying for the game tickets. It is such a nice game that gives an option to pay for the tickets only when you are sure that you are going to win the game otherwise cancels the tickets and takes back the ticket amount. In the practice of Domain Kiting, the players don’t even pay for their continuous play while earning money at the same time without any cost.
Keywords:	domain name tasting, domain kiting
Awards of Compensation for Intellectual Property Infringement:	Leigh Ellis	Copyright	11/3/07	460	4.9/10
Abstract:	The rise and rise of intellectual property rights has seen the rise of claims by business dealing in photographs, software and films and music making claims against small and medium sized enterprises for copyright infringement. There is no innocence defence available infringing business; the issue quickly becomes one of the sum of compensation – or damage - that is to be paid to the copyright owner.
Keywords:	copyright damages compensation london lawyer solicitor
Calculating Damages Payments and Accounts of Profits in Patent Cases	Leigh Ellis	Patent	11/3/07	588	5.2/10
Abstract:	It is all well and good to be encouraged to apply and obtain for patent protection. The main remedies for patent infringement are a narrow injunction to prevent future instances of the infringement, and either damages or an account of profits. In this article, we examine the measure of monetary compensation that may be awarded by these damages and accounts of profits and the factors taken into account in their calculation.
Keywords:	intellectual property patent disputes damages accounts profits lawyers solicitors
How soon do you want your patent application to be examined?	e-formationcentral	General Intellectual Property	11/3/07	158	5.4/10
Abstract:	One thing to keep in mind whether you are an attorney or an inventor (especially inventors), is to make sure that you or your attorney are/is not submitting a ton of claims in defining the invention. Unless it is absolutely necessary to define your invention with that many claims, it is not advisable to submit an excess amount of claims.
Keywords:	patent application patent term
A TRADEMARK CONSIDERATIONS IN BUSINESS NAMING	Arun Abraham	Trademark	11/3/07	307	5.8/10
Abstract:	article introduces trademark law aspects to businesses
Keywords:	trademark,naming,india
IP competitive intelligence: What is my competitor really up to?	Navtej Saluja and Balwant Rawat	Patent	11/3/07	470	8.2/10
Abstract:	Ever wondered what Google has been up to lately? How about Yahoo!, Microsoft, IBM or other high tech companies? Many professionals, companies and organisations frequently ask similar questions about their key competitors. However, since this information is proprietary and highly confidential, there is almost no likelihood of getting these answers directly from the companies. Since companies, especially those in the technology sector, are constantly innovating and creating barriers for their competitors, they are also continously filing patent applications and getting many – if not most – of these granted. Hence, searching through databases such as those provided by the United States Patent and Trademark Office (USPTO), which contain granted patents and recently published patent applications, is one way of gaining an insight into the strategic direction of these companies. In this article, Evalueserve research shows that traditional searching techniques that only use databases such as the USPTO database, which comprises granted patents and published applications, for analysing a company’s patent portfolio are usually not sufficient. Evalueserve suggests the following complementary techniques: 1) One technique is searching through patent-assignment databases, some of which are freely available and others provided by Intellectual Property (IP) database vendors as licenses. For example, a complementary search within the USPTO patent assignment database can yield some of the missing ownership information, especially if the granted patents and published applications were filed by one entity and later acquired by another. 2) Another technique is checking accuracy by using complementary databases, e.g., correlating Patent Cooperation Treaty (PCT) filing information with USPTO filing information. 3) Yet another technique is performing inventor-based searches along with assignee-based searches to get better results. This technique really works well because there are many published applications for which ownership information may not have been recorded earlier. Finally, this article presents two case studies that use the complementary techniques mentioned above, as well as some of Evalueserve’s findings about Google and Yahoo!, which may surprise you.
Keywords:	Evalueserve, patent, competitive intelligence, Google, assignee, patent assignment, competitor
TRIPS & Indian patent law:Emerging legal issues	Dr.Mohammad Hussain	Patent	11/3/07	449	7/10
Abstract:	The concept of global village has changed the meaning of the terms like
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PCT FILING INDIA	SUDHIR KUMAR ASWAL	Patent	11/3/07	272	5.9/10
Abstract:	National Phase Entry of PCT Application: All PCT Applications designating India are considered as Indian Patent Applications filed on the date of the International Application. The period for entering into national phase is 31 months from the priority date.
Keywords:	PCT Filing, PCT filing India, ASWAL ASSOCIATES, sudhir kumar aswal, patent firm india, patents india
Is India Geared Up for Business Method Patent?	Apoorva Yadav	Patent	11/3/07	256	6.3/10
Abstract:	Today technology is changing expeditiously. New technical inventions are taking place in huge number. These new inventions open new field of subject-matter for protection under Intellectual Property Law. Intellectual Property law gives an umbrella protection to new inventors. Patent provide protection for those line of process, products which are novel and are capable of proving that it involves an inventive step. USPTO grants maximum patents in a year. The paper written here advocates the invalidity of Business Method patent in Indian scenario. Business method today is capable of IP protection in countries like USA, Australia, Japan and New Zealand. India is against granting of protection to Business Method.
Keywords:	India, Business Method Patent
Protection of Well Known Trademarks in Iran	Mojgan Jahanpour	Trademark	11/3/07	192	5.6/10
Abstract:	As part of Iran's obligations under the Paris Convention, the Iranian courts have consistently discouraged hijacking of well-known trade marks. Even where the marks are not well known, the courts have consistently held in favor of marks that emerge from one of the Paris Convention countries and have prior international (outside Iran) use of the mark. In a recent court decision, the world renowned Armani trade mark won a landmark infringement action against an Iranian individual who sought registration of a trade mark for Arman in Persian script in international classes 30, 35 and 39 for saffron. The key points to note here are that the word Arman has a meaning in Persian (
Keywords:	Iran, Trademark Protection, Well Known Trademarks
Outsourcing Intellectual Property related services	Pratibha Gupta	India	11/3/07	494	5.6/10
Abstract:	Over the past few years outsourcing of Legal/Paralegal/Techno-legal work overseas has increasingly become a popular global phenomenon. Foreign workers often command salaries a fraction of those earned by their United States counterparts. Countries like India and China form a very nice blend of labor pool consisting of technologists covering all realms of science and technology. The attractive prospects of overseas labor cost savings are especially present in patent preparation and prosecution work. Patent drafting can be expensive, with general counsels expecting to regularly pay $25,000 or more for drafting a patent application. Offshore professionals offer these services at less than $4000 per draft. The global legal services market stands at some $260bn, and about $160bn of it is in the US. Between 60% and 70% of this work can technically be offshored, and 70% of this offshorable work is likely to go to India.
Keywords:	Patent, Intellectual Property, Outsourcing, Offshoring, Models
A Rear view of YouTube Case	Ms. Priyanka Mukherjee and Ms.Shachi Punani	Copyright	2/24/08	472	5.1/10
Abstract:	The recent injunction order passed by the Delhi High Court against Youtube and its parent company Google.
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Novelty killing publications!!!	Krishna Kumar Chavali	Patent	2/24/08	220	9/10
Abstract:	Now a days, we come across many publications which are novelty killing for many of our ideas. Particularly in pharmaceutical sector, though the molecule of our interest is not directly covered in the prior art, rather it comes within the scope of the prior art when we consider the definitions and substitutions mentioned in the description. This is really a concern for the inventors. This article is about the facts of such applications and suggests some solution for the same
Keywords:	Novelty
Resolving Intellectual Property Disputes Using ADR Mechanisms	Prateek Garg	General Intellectual Property	2/24/08	310	10/10
Abstract:	The paper basically focusses on how important a role can the Alternative Disputes Resolution Mechanisms play in resolving the disputes pertaining to IPR's. IPR disputes, where time is the most important factor could be resolved more efficiently by resorting to ADR Mechanisms rather than being dependent upon the traditional litigation system. The paper aims to highlight the pros and cons of resorting to ADR Mechanisms in IP Disputes.
Keywords:	Mediation, Intellectual Property, Arbitration, Negotiation, Mini Trial
The European Union and Copyright - An Analysis	S. Nahar	Copyright	2/24/08	315	10/10
Abstract:	The term ‘intellectual property’ became common in the 1960s with the setting up of WIPO (World Intellectual Property Organization). However, this is not to imply that the concept of Intellectual Property did not exist before this. In fact, there are a number of theories (such as the Labor Theory by Locke and the Personality Theory propounded by Emmanual Kant and Hegel) which have been used to explain intellectual property and sufficient state practice exists to determine concretely that this concept of granting rights over inventions, aesthetic works and brands is not exactly new. There are certain intellectual property rights which require registration to formally be recognised as rights attributable to the authors. Examples of these would be patents, trademarks etc. However Copyright is one of those, which do not require any formalities. It comes into existence when a work is fixated or recorded in any permanent way. A fundamental question can be posed as regards copyrights: What would be the way to determine in case of different jurisdictions which law and the copyright of which author is to be given protection. The TEU contains a number of provisions, which are directly and indirectly related to the concept of Intellectual property protection. Articles 30 – 36 are related to the elimination of quantitative restrictions on trade between member states to accomplish the free movement of goods. This in itself poses an irreconcilable conflict when it comes to intellectual property rights. The exercise of an intellectual property right that causes market partitioning will be upheld only insofar as the ‘specific subject matter’ of the right is being protected. Article 86 of the TEU also applies to prevent the abuse of dominant position. There is a somewhat novel provision in European Law regarding intellectual property which has attracted considerable criticism as well. This is the concept of exhaustion of rights. Normally, a right-holder possesses an exclusive right over the property in its own area together with the proprietary right over the use of the product in other areas. However, thinking that such a rule would have a potential effect of dividing the Community into a number of self-contained areas the above concept was devised. Here if the right is sought to be extended to other states then it must also face the wider competition of the other states. In this article, the researcher seeks to examine the above-mentioned provisions of the European Union as regards copyright
Keywords:	copyright, European Union, copyright licensing
Commercial Morality in Trademark	Saif Khan	Trademark	2/24/08	329	9.6/10
Abstract:	Trademark law traditionally saw a trademark as little more than a window to the mark owner’s underlying business. Marks were necessary so that customers who were satisfied with a producer’s product could continue to patronize that producer. But, on this view, value lay in the business, and the business of the producer was the ultimate object of protection. Moral rights are representative of social values concerning the protection of trademarks which has either been registered or un-registered. They are based on a belief that trademark is something more than an attempt to earn a livelihood. The trademark results in a special relationship between the trademark owner and the mark used by him. Unfair-competition law comprises a flexible set of doctrines intended to uphold reasonable standards of commercial morality in varied and evolving circumstances, and this body of law should also bar the exploitation of others’ trademarks as advertising keywords.
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Academic Research and Intellectual Property	Neeraj Parnami and Dr. T.K Bandyopadhyay	General Intellectual Property	2/24/08	256	4.2/10
Abstract:	This paper makes an analysis for scientific society or community to evaluate their research work into Intellectual Property. After making an IP analysis through various sources or databases available, researchers can understand the worth of their time, money and efforts w.r.t. research work in the industry as well as in academic institution.
Keywords:	Academic Research; Intellectual Property; IP awareness
Academic Research and Intellectual Property	Neeraj Parnami, Dr. T.K Bandyopadhyay	General Intellectual Property	2/24/08	319	3.5/10
Abstract:	This paper makes an analysis for scientific society or community to evaluate their research work into Intellectual Property. After making an IP analysis through various sources or databases available, researchers can understand the worth of their time, money and efforts w.r.t. research work in the industry as well as in academic institution.
Keywords:	Academic Research; Intellectual Property; IP awareness.
Guide to Filing a U.S. Patent Application (Utility Patent)	IP Lexicon	Patent	2/24/08	890	6.8/10
Abstract:	A practical guide outlining the specific steps required to file a U.S. utility patent application.
Keywords:	patent, patent application, utility patent, filing a patent application
Copyright and Open Source Licensing of Software Work	Pratibha Gupta	Other Intellectual Property	2/24/08	335	9/10
Abstract:	Copyright law does not protect any particular idea. Rather, copyright protects only the expression of that idea. The fundamental purpose of open source licensing is to deny anybody the right to exclusively exploit a work. Typically, in order to permit their works to reach a broad audience, and, incidentally, to make some sort of living from making works, creators are required to surrender all, or substantially all, of the rights granted by copyright to those entities that are capable of distributing and thereby exploiting that work. There are about 66 types of Open source Licenses approved and recommended by Open source initiative. The General Public License is the most common license. Their basic idea in imposing such a restriction, the so-called Copyleft , was to ensure software access to developers and to prevent software from being captured by proprietary software interests. The Linux operating system and programs associated with Linux are mostly licensed under GPL licenses. Open Source Software licensing has established a new means of creating Intellectual Property - a resource for creating more business prospects, especially, covering those areas of technology where the quick turn around is must to create and generate more revenues.
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Trademark Protection in Nepal	Mr. Ram Chandra Subedi	General Intellectual Property	2/24/08	222	10/10
Abstract:	The purpose of this article is to give our clients and foreign associates a flat idea about recent trademark protection system in Nepal so as to facilitate their trademark protection work in Nepal.
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