| Title |
Author |
Category |
Date Added |
dl# |
Rating |
| A Practice Guide to Intellectual Property Audits |
Mr. Srijoy Das & Mr. Akash Bhardwaj |
India |
8/14/04 |
2099 |
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 |
| DATA PROTECTION LAW IN INDIA: THE TRIPS ANALYSIS |
Praveen Dalal |
India |
9/23/06 |
998 |
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. |
| Data Exclusivity - the Indian Diolemma |
Manoj Pillai |
India |
11/22/04 |
925 |
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 |
| Filing Design Specification in India |
Prof. Sanjay Pandey |
India |
8/26/05 |
608 |
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 |
| Franchising in India: The time is right |
Mr. Srijoy Das and Mr. Kartik Srivastava |
India |
10/4/04 |
1367 |
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 |
| Liberalizing FDI: The Retail Sector in India |
Srijoy Das |
India |
9/23/06 |
2127 |
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 |
663 |
9/10 |
| 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 |
| Offshorability of IP Processes |
Valeria |
India |
8/1/04 |
412 |
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 |
| Outsourcing Intellectual Property related services |
Pratibha Gupta |
India |
11/3/07 |
556 |
6.1/10 |
| 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 |
| PUBLIC GOODS, PUBLIC DOMAIN AND PUBLIC INTEREST |
ASHISH GOSAIN |
India |
2/25/06 |
383 |
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 . |
| Keywords: | |
| Patents for Computer-Related Inventions in India |
A. B. Rajasekaran |
India |
4/24/05 |
807 |
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 |
| Pharmaceutical Industry and the Changing Patent Regime |
Gunjan Paharia |
India |
10/17/04 |
1143 |
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: | |
| Safeguarding Trade Marks: Safeguarding Business |
Sanjay Chhabra and Akash Bhardwaj |
India |
10/17/04 |
461 |
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 |
| TRIPS Flexibilities: Tools for Indian Pharma in the product patent regime |
Ajay Kumar |
India |
11/25/06 |
571 |
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 |
| The Viability of incorporating Secondary Infringement Liability in India |
Ankur Gupta |
India |
5/15/05 |
361 |
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. |
| Keywords: | |
| UPOV AND RIGHTS OF FARMERS- An Indian Perspective |
Rachitta Priyanka |
India |
11/6/05 |
37 |
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 |
| Valuation of Patents: A Primer |
Rajasekaran A B |
India |
8/9/04 |
1980 |
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 |
| What is Indian Pharma's Next Move? |
M. Qaiser & P. Mohan Chandran |
India |
3/15/06 |
482 |
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 |
