http://nopr.niscpr.res.in/handle/123456789/59715 2026-10-10T23:23:21Z 2026-10-10T23:23:21Z Kumar, Abhijeet http://nopr.niscpr.res.in/handle/123456789/59722 2022-05-17T09:50:49Z 2022-03-01T00:00:00Z

Title: “My Words, My Copyright”: Justifiability of Performer Owning ‘Speech’ or ‘Address’ Authors: Kumar, Abhijeet Abstract: The Indian Copyright Act, 1957 provides for exclusive rights to the creator of an intellectual piece, defined as work under the Act, by granting certain rights for commercial exploitation of the same, for a limited period. The basic reading of jurisprudence of copyright gives us two primary findings (required for the present research), i.e., there is a difference between a work, and its author, and a performance, and its performer; and that the author may or may not be the owner of the work. This further enunciates that the rights vested in the work and the performance is different from each other. This understanding finds an exception in terms of the provisions laid down under the proviso Clause (cc) of Section 17, which in effect talks about who shall be the first owner of a particular work. The preliminary understanding of the provisions suggests that in the case of the speech or addresses, the performer will also become the ‘first owner’ of the work itself and will enjoy the rights of Section 14 for literary work as well as the performance. There is no dispute that the author of the work will be the person who creates the work, but the ownership is deemed to be of the person delivering the speech or address, or of such other person who delivers it on behalf of someone else. The present research aimsto understand the rationale behind the promulgation of such a provision through amendment, which was passed with an objective to meet international obligations, with a discussion on its relevance in present times, and tries to justify the existence of the situation, by specifically mentioning out the scenarios which can and cannot seek the protection of this provision. Page(s): 79-90

2022-03-01T00:00:00Z Afaq, Ahmar Chhaya, Rupal http://nopr.niscpr.res.in/handle/123456789/59721 2022-05-17T09:47:43Z 2022-03-01T00:00:00Z

Title: Securitization of Intellectual Property: Legal Recourse in India Authors: Afaq, Ahmar; Chhaya, Rupal Abstract: Capital has been a major cause of concern amongst entrepreneurs across the globe. Not everyone enters the professional setting with a bag full of money, neither did the Ambani’s nor did the TATA group. It was not just investments into fruitbearing funds but also loans that have made them superpowers in the market, today. A loan requires one to offer collateral against the principal amount, this collateral is often referred to as security in common parlance. We most often offer tangible assets such as gold, land, car, etc. as security, however, can an intangible asset such as intellectual property also be offered as bank security? This question is dealt with at length by the authors while discussing the legal discourse in India and other developed countries.The authors have collected insights from theearlier cases where intellectual property was offered as security (more specifically as collateral) and analyzed its legal implications in the long run. Page(s): 91-99

2022-03-01T00:00:00Z Mishra, Abhishek Fatesaria, Harshita http://nopr.niscpr.res.in/handle/123456789/59720 2022-05-17T09:44:52Z 2022-03-01T00:00:00Z

Title: Basmati Rice – The On-Going Domestic Challenge Authors: Mishra, Abhishek; Fatesaria, Harshita Abstract: Basmati rice holds significance, not only in the daily lives of the Indians but world-wide as well. All over the world, Basmati rice is consumed, which makes it more important to protect the origin and quality of this agricultural product. After APEDA filed an application for acquisition of a GI tag for Basmati in India, the stakeholders in the State of Madhya Pradesh were left out. This turned into an ongoing tussle between the Madhya Pradesh and APEDA for GI tag for Basmati. This article covers and examines the arguments forwarded for non-inclusion of Madhya Pradesh districts in the GI application for Basmati and criticizes the misunderstanding behind the motive of procuring this tag. Page(s): 100-106

2022-03-01T00:00:00Z Azam Monirul http://nopr.niscpr.res.in/handle/123456789/59719 2022-05-17T09:52:27Z 2022-03-01T00:00:00Z

Title: The TRIPS Agreement Revisited ‒Time to Open-Up Climate Technologies for Least Developed Countries Authors: Azam Monirul Abstract: Because most climate technologies are patented in developed countries, intellectual property rights held over these technologies by rights holders in developed countries can impede the access of least developed countries (LDCs) to these technologies owing to difficulties such as high royalty fees, refusals to license and unnecessary conditions for transfers of technology. This paper argues that the principles and objectives of the TRIPS Agreement, as laid down in Articles 7 and 8, could be used for an interpretation fitting the need of the LDCs to access climate technologies and evaluates the potential to adopt a declaration on the TRIPS Agreement and climate change to guide the utilisation of TRIPS flexibilities. Among other things, these include using research exceptions, parallel imports, compulsory licences and competition law. This paper further evaluates potential options for utilising Articles 66.2 and 67 of the TRIPS Agreement and the potential to adopt a new agreement from a climate change standpoint to meet the urgent need of LDCs for access to and transfer of climate technologies. Page(s): 107-129

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