http://nopr.niscpr.res.in/handle/123456789/14981 2026-10-16T17:07:05Z 2026-10-16T17:07:05Z Yang, Deli http://nopr.niscpr.res.in/handle/123456789/15026 2016-07-20T04:36:48Z 2012-11-01T00:00:00Z

Title: Patent Trolls: Legit Enforcers or Harrassers? Authors: Yang, Deli Abstract: Since the turn of the century, ‘patent trolls’ have emerged as one of the most topical debates among patent holders. However, nearly ten years later, stakeholders are still unable to reach consensus as to the ‘right’ or ‘wrong’ of ‘trolls’. Against this backdrop, our debates open with the landmark case of Blackberry between RIM and NTP to provide thoughts as to whether NTP is considered a troll. Then there is a focus on some conceptual issues surrounding ‘patent trolls’, and its origin citing relevant mini-cases. This column also lays out the fierce arguments for or against patent trolling among scholars and practitioners and reasoning for the trolling existence. The debates end with some reflections on the implication of patent trolling phenomenon on patent systems, particularly the US structure, subsequently, proposing some relevant solutions. Page(s): 573-577

2012-11-01T00:00:00Z Cook, Trevor http://nopr.niscpr.res.in/handle/123456789/15025 2016-07-20T04:31:30Z 2012-11-01T00:00:00Z

Title: Has an Agreement been Reached on a Unitary Patent and a Unified Patent Court for Europe, and if so, what is it? Authors: Cook, Trevor Abstract: At the end of June 2012 the European Council, consisting on this occasion of the heads of government of EU Member States, agreed on what has been presented as the final step on the long road to a unitary European patent and a court system in which it would be enforced. Although this agreement brings us closer than ever before to a unitary European patent and a single European patent court, the lessons of history are that this will not be the final stage in the process. Several hurdles still remain to be overcome before the new system is up and running. Page(s): 568-572

2012-11-01T00:00:00Z Manghutay, Ahad Gholizadeh http://nopr.niscpr.res.in/handle/123456789/15024 2016-07-20T04:36:05Z 2012-11-01T00:00:00Z

Title: The Berne Convention and the Iranian Law: Negative Implications of the Differences in the Scope of Application Authors: Manghutay, Ahad Gholizadeh Abstract: This paper compares Article 3 of the Berne Convention for the Protection of Literary and Artistic Works, 1886 with the corresponding Iranian provision. The Convention has three criteria for granting protection, i.e. nationality, habitual residence and first publication of the work in the Berne Union countries; whereas the Iranian law has only one criterion, i.e. the first publication of the work in Iran. Further, according to the Convention, the performance of a dramatic, dramatico-musical, cinematographic or musical work, the public recitation of a literary work, the communication by wire or the broadcasting of literary or artistic works and the exhibition of a work of art shall not constitute publication. These exceptions and their origins in the Convention in conjunction with the Iranian criterion leads to a total or partial gap of protection for Iranian authors or artists taking their works for first publication in the Berne Union countries. Page(s): 559-567

2012-11-01T00:00:00Z Andanda, Pamela http://nopr.niscpr.res.in/handle/123456789/15023 2016-07-20T04:35:15Z 2012-11-01T00:00:00Z

Title: Striking a Balance between Intellectual Property Protection of Traditional Knowledge, Cultural Preservation and Access to Knowledge Authors: Andanda, Pamela Abstract: Protecting traditional knowledge through the intellectual property (IP) regime performs the important function of preventing third parties from using the knowledge inappropriately. However, apart from being inaccessible to most holders of traditional knowledge (TK), the regime does not necessarily guarantee the preservation or safeguarding the knowledge. These concerns call for a consideration of avenues that can be used, particularly at policy making level, to strike a balance between protecting TK through the IP regime and ensuring cultural preservation and access to knowledge. This paper highlights the main challenges that are involved in striking this balance. Apart from utilizing available literature on these challenges, the main suggestions from the World Intellectual Property Organization, Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (the IGC) are analysed with a view to proposing directions that can help improve the manner in which TK is protected through IP. Page(s): 547-558

2012-11-01T00:00:00Z