NOPR Collection:

TRIPS, WTO and IPR: Protection of Bioresources and Traditional Knowledge

2011-01-01T00:00:00Z

Title: TRIPS, WTO and IPR: Protection of Bioresources and Traditional Knowledge 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 the 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 about the protection of bioresources and traditional knowledge. Page(s): 35-37

Model for IP Protection based on an Empirical Study of Iranian Nanotechnology Companies

2011-01-01T00:00:00Z

Title: Model for IP Protection based on an Empirical Study of Iranian Nanotechnology Companies Authors: Ghazinoory, Sepehr; Abedi, Sadegh; Mashari, Behnam Abstract: In spite of being a rather recent, emerging area, nanotechnology has seen a flurry of investment in both developed and developing countries. However, protection of innovation from competitors has been an area of concern and important aspect that should be included as a part of strategic plan in companies. In this study, a model is proposed for strategic protection of IP in nanotechnology companies. Accordingly, as a first step, necessary criteria along with factors affecting existing innovation preserving systems are identified and classified .The identified indices are grouped into three classes comprising organizational, environmental and innovation characteristics. A qualitative study on various businesses carried out by nanotechnology companies in Iran allowed prioritization of those indices which are effective. A decision making matrix is proposed by the authors based on two indices, namely, size of company or financial power and organizational learning capacities. An examination of the innovation preservation practices in 45 existing companies in the area of nanotechnology protection in Iran revealed that of all the proposed mechanisms of protecting innovation, only patent protection is made use of and that too to a limited extent. An evaluation of the proposed model is also carried out by studying the companies themselves. Page(s): 27-34

Is It Broadcast or Broadcasting?

2011-01-01T00:00:00Z

Title: Is It Broadcast or Broadcasting? Authors: Sakthivel, M Abstract: An authors’ right to communicate to the public also includes the right to ‘broadcast’ the work. However, the right to broadcast can only be commercially exploited with the help of broadcasting organizations. Due to the technical contributions of broadcasting organizations to disseminate the works to the public, they are given some rights which are known as broadcast reproduction rights or neighbouring rights. The Indian Copyright Act defines the word ‘broadcast’ which may be used for the purpose of determining the scope and ambit of broadcasting organizations’ ‘broadcast reproduction right’. In effect, there arises an ambiguity in law regarding the author’s right to broadcast and the broadcasting organization’s rights. Clarity on the definition of broadcast for the purpose of determining the rights of the author as well as those of the broadcasting organizations is necessary. This paper critically analyses the definition of broadcast under Indian Copyright Act by way of examining the relevant provisions in detail. Page(s): 23-26

Accommodating Long Term Scientific Progress: Patent Prospects in the Pharmaceutical Industry

2011-01-01T00:00:00Z

Title: Accommodating Long Term Scientific Progress: Patent Prospects in the Pharmaceutical Industry Authors: Anand, Nithya Abstract: This article examines the recent theoretical justifications of the patent system. The design of the patent system is considered through the lens of the ‘prospect’ theory of patents, proposed by Edmund Kitch. This theory has much to contribute to the understanding of the actual working of the patent system, particularly in complicated issues such as encouraging research in neglected diseases. It provides a much better insight to the challenges which must be surmounted, in protecting and encouraging private investment in research. However, this theory is yet to be fully explored. Variations of this theory have touched upon some of the challenges within the patent system – but they appear unable to accommodate full impact of patent ‘prospects’. For one, the full range of product development processes must be understood. Secondly, the patent regime must be able to include both worlds of organized and unorganized research, commercialized and basic research. This article makes an effort to identify and distinguish between the various implications of this theory, and attempts to bring them together to a simpler formulation. This simpler formulation, of guiding investment vis-à-vis the market-pull factors in product development, could probably be satisfied in many different ways. These, however, are outside the scope of this article. Page(s): 17-22