NOPR Collection:http://nopr.niscpr.res.in/handle/123456789/641962026-10-10T12:13:29Z2026-10-10T12:13:29ZThe Doctrine of Patent Misuse: Origins, Antitrust and the TRIPS AgreementShaikh, Owais Hassanhttp://nopr.niscpr.res.in/handle/123456789/642062024-07-05T09:49:01Z2024-07-01T00:00:00ZTitle: The Doctrine of Patent Misuse: Origins, Antitrust and the TRIPS Agreement
Authors: Shaikh, Owais Hassan
Abstract: Patent misuse refers to the acts of patent owners when they attempt to extend a patent’s exclusivity beyond its physical or
temporal scope. Common examples of patent misuse include tying or patent term extension. The patent misuse has its roots
in the doctrine of equity and was judicially created doctrine in the United States. Over the past century the concept has
evolved considerably and has hanged over the heads of patent owners. However, an antitrust-like analysis is replacing the
historical per se illegality of patent misuse acts gradually. The pressure over the concept is slowly taking its toll with
increasing calls for its abolition. This paper discusses the history and origins of patent misuse, its interface with competition
law and treatment under various articles of the TRIPS Agreement.
Page(s): 247-2522024-07-01T00:00:00ZIndia‘s Use of Patent Opposition Mechanism as an Access to Drugs Strategy: An Empirical AnalysisAbbas, Muhammad Zaheerhttp://nopr.niscpr.res.in/handle/123456789/642052024-07-05T09:46:50Z2024-07-01T00:00:00ZTitle: India‘s Use of Patent Opposition Mechanism as an Access to Drugs Strategy: An Empirical Analysis
Authors: Abbas, Muhammad Zaheer
Abstract: Global public health has emerged as a formidable challenge in modern times. India‘s patent opposition model shows how this legitimate safeguard can be used to alleviatesome of the burden on global health systems by improving access to affordable health technologies. India smartly linked its patentability threshold provisions, Sections 3(d) and 2(ja) of The Patents Act, 1970 (amended in 2005), with its procedural safeguard of patent opposition.This paper presents empirical data on the use of patent opposition procedures in India. The three-step method is adopted to statistically evaluate the practical use of India‘s patent opposition proceedings.Statistical data is collected on 249 patent opposition cases from IP India‘s official websiteto answer and analyse around 150 questions designed to highlight overall trends in the use of the Indian patent opposition mechanism. This paper summarizes the important findings of the statistical data. The main finding of this study is that India‘s well-thought-out patent opposition model has remained under-utilised, especially by non-corporate entities.
Page(s): 253-2642024-07-01T00:00:00ZSabinus’ ‘Something Hooge’: A Question of Privacy Right, Image Right or Intellectual Property Right?Fapetu, Oluwaseun SamsonOluduro, Olubayohttp://nopr.niscpr.res.in/handle/123456789/642042024-07-05T09:44:42Z2024-07-01T00:00:00ZTitle: Sabinus’ ‘Something Hooge’: A Question of Privacy Right, Image Right or Intellectual Property Right?
Authors: Fapetu, Oluwaseun Samson; Oluduro, Olubayo
Abstract: The paper examines the trio concepts of privacy, publicity and intellectual property rights as they interplay in determining if
there is recourse to the perceived right of a celebrity to protect what he believes to be undue exploitation of his creation by
commercial entities to the latter’s economic advantage from the spectrum of a very interesting claim by Sabinus in 2022. The
paper examines the extant positions of these three concepts of law and the relationship between them reflecting on the position
of law in foreign jurisdiction. It observes that although there are convergent points, these concepts are independent of one
another and may provide different protection for celebrities and creators to protect their creations. The paper also finds that even
though the Nigerian courts recognises the need for the protection of publicity right under common law, it fails to recognise that
the right has been available within the Nigerian legal system. The paper also finds that the current legal regime may be hostile to
creators while recognising that there is also a need to balance the regime against illegitimate and gold-digging claims. The paper
advocates for a recognition of image right to encourage protection of economic exploitation of publicity in Nigeria.
Page(s): 265-2752024-07-01T00:00:00ZPatent Analytics of Internet of Things (IoT) based Technologies for Smart GreenhousesGerard, ManjuGupta, MonikaSastry, R KalpanaSrinivas, Khttp://nopr.niscpr.res.in/handle/123456789/642032024-07-05T09:42:25Z2024-07-01T00:00:00ZTitle: Patent Analytics of Internet of Things (IoT) based Technologies for Smart Greenhouses
Authors: Gerard, Manju; Gupta, Monika; Sastry, R Kalpana; Srinivas, K
Abstract: Digitalization has led to manifestation of many novel technologies for predictive and prescriptive analysis in agriculture
sector. One of the potential technologies is IoT (Internet of Things) with dynamic innovations for multiple applications in
farming. IoT enabled smart greenhouses have increased market potential as these controlled systems help in monitoring a
microclimate environment for crops, nutrient management and yield remotely. The current study depicts a systematic
approach to assess the trends in IoT based smart greenhouses using patent analytics. Trends indicate a surge in patent filing
in IoT based devices in agriculture from 2014 onwards with China in lead and the spread more in private firms than in
public universities.The study shows the temporal trends, patent timeline, identity of applicants etc. and provide insights
about the development of most relevant IoT technologies for smart greenhouses.
Page(s): 276-2842024-07-01T00:00:00Z