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| Title | Author | Category | Date Added | dl# | Rating |
| ABC's of Website Law | Judith Silver | General Intellectual Property | 7/26/04 | 1423 | 5/10 |
| Abstract: | Website legal issues including copyright, trademark, more. | ||||
| Keywords: | web site, internet, cybersquatting, domain names | ||||
| 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 | ||||
| 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. | ||||
| 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 | ||||
| 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 | ||||
| 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 | ||||
| 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 | ||||
| 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 | ||||
| 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 | ||||
| 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, | ||||
| 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, | ||||
| 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 | ||||
| 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 | ||||
| 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 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 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 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 | ||||
| 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. | ||||
| 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. | ||||
| Keywords: | |||||
| 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 | ||||
| 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. | ||||
| 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 | ||||
| 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. | ||||
| Keywords: | |||||
| 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 | ||||
| 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 | ||||
| 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 | ||||
| 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 | ||||
| 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 : 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: 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: 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: 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: 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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| 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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| 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 | ||||
| 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 | ||||
| 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 | ||||
| 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 | ||||
| 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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| 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 | ||||
| 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 | ||||
| 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 | ||||
| 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 | ||||
| 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 | ||||
| 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 | ||||
| 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, | ||||
| 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 | ||||
| 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 | ||||
| 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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| 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 | ||||
| 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 | ||||
| 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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| 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 | ||||
| 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 | ||||
| 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 | ||||
| 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 | ||||
| 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. | ||||
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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 | ||||
| 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 | ||||
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