http://nopr.niscpr.res.in/handle/123456789/12442 2026-10-09T23:04:53Z 2026-10-09T23:04:53Z Nair, M D http://nopr.niscpr.res.in/handle/123456789/12450 2011-07-29T16:30:49Z 2011-07-01T00:00:00Z

Title: TRIPS, WTO and IPR: IPA 2005: Potential for Disputes and Litigation Authors: Nair, M D Abstract: The World Trade Organization (WTO) was set up in 1995 and has been the custodian of all matters related to implementation of the TRIPS Agreement endorsed by 153 member countries. WTO is therefore the most important body which monitors and influences working of global intellectual property rights protection in all its member countries. This opinion discusses IPA 2005 and its potential for disputes and litigation. Page(s): 351-353

2011-07-01T00:00:00Z Nomani, Md Zafar Mahfooz Rahman, Faizanur http://nopr.niscpr.res.in/handle/123456789/12449 2011-07-23T16:30:43Z 2011-07-01T00:00:00Z

Title: Intellection of Trade Secret and Innovation Laws in India Authors: Nomani, Md Zafar Mahfooz; Rahman, Faizanur Abstract: The uniqueness of trade secret law is that it fits into the extensive framework of contract, competition, innovation and intellectual property rights. The trade secret doctrines are closely linked to the domain of tort and criminal law although subject to different rationalizations. The remedial part of the law is inconsistent with the cause of action. The varied nature of trade secret calls for its holistic comprehension as a form of intellectual property. An incentive based approach in granting legal protection to trade secret harnesses the idea, inventions, and utility patent. This is best suited to varied categories of innovators and inventors in a post liberalized Indian economy and TRIPS compliance. The paper traces evolution and development of trade secret law in a comparative perspective and critically analyses the potential impact of innovation law on trade secret protection in the context of national innovation policy and laws of India. Page(s): 341-350

2011-07-01T00:00:00Z Dahiya, Kirti http://nopr.niscpr.res.in/handle/123456789/12448 2011-07-24T16:30:43Z 2011-07-01T00:00:00Z

Title: Cinematographic Lyricists Right to Royalty: Myth or Reality? Authors: Dahiya, Kirti Abstract: This paper deals with the issue of a cinematographic lyricist’s right to copyright royalty after the producer of a film has been assigned the right. The position of law in India is not in favour of writers, who are often marginalized and cut-out from a share in the profits by generally exploitative and unfavourable terms of a contract. In the light of the same, the author’s view is that an amendment to the Copyright Act was long overdue and the Copyright (Amendment) Bill, 2010 is an affirmative step by the government to correct inequitable balance of interests that has plagued the Indian film industry. In order to arrive at a deeper understanding of the matter, reliance needs to be placed on the stand taken by the Indian judiciary with respect to the right of authors over lyrics used in songs in cinematographic vehicles. Recourse will also be taken to considerations on the basis of which the Bill is being pushed. An analysis of the lacunae that may exist even if the reforms are brought to fruition is concluded with certain suggestions to overcome them. Page(s): 335-340

2011-07-01T00:00:00Z Tripathy, Ishita G Yadav, Surendra S Sharma, Seema http://nopr.niscpr.res.in/handle/123456789/12447 2011-07-24T16:30:42Z 2011-07-01T00:00:00Z

Title: FDI Flows into the Indian Pharmaceutical Industry: An Analysis of Trends and Constraints Authors: Tripathy, Ishita G; Yadav, Surendra S; Sharma, Seema Abstract: India’s economic reforms since 1990s and World Trade Organisation’s Agreement on Trade-Related Aspects of Intellectual Property Rights have caused significant changes in the operational environment of the Indian pharmaceutical industry (IPI). In this backdrop, this study examines the Foreign Direct Investment (FDI) flows into the firms of IPI. It finds that the amount of FDI, the number of FDI recipient firms and the number of source countries of FDI are larger during the product patent regime as compared to the process patent regime. The factor analysis of primary data presents the perception of 64 sample firms of IPI as regards the main constraints of FDI inflows in the product patent regime. Page(s): 330-334

2011-07-01T00:00:00Z