http://nopr.niscpr.res.in/handle/123456789/59056 2026-10-12T06:39:38Z http://nopr.niscpr.res.in/handle/123456789/59062 Title: Refused Patent Applications in India in the Field of „Traditional Knowledge Biotechnology‟ Authors: Kumar, Pankaj; Sharma, Ameeta Abstract: The governance of bio-technology patent is a complex process especially in the field of „Traditional Knowledge Biotechnology‟. The critical aspect with biotechnological inventions is establishing „novelty‟. It is noted in every patent application that there is an examination report which mentioned objections including of „novelty‟ by the examiner. Further, it is noted that most of applications found by the examiner „obvious‟ or „non-inventive‟ in view of cited art as indicated in the examination reports, although many inventions having some value additions over the prior-art as replied by the applicant during prosecution of such applications differentiating the applied invention from the cited art. This study analyzes, around 100 patent applications filed in India during year 2004 to 2021 and enlist the main grounds of refusal of patents in the field of „Traditional Knowledge Biotechnology‟. The aim of the study is to explore the patenting aspects and related issues of biotechnological products from traditional knowledge. Page(s): 311-322 2021-11-01T00:00:00Z http://nopr.niscpr.res.in/handle/123456789/59061 Title: Indirect Trademark Infringement: Policy Considerations under US and Iranian Law Authors: Najafi, Hamed; Sadeghi, Mahmoud; Shahbazinia, Morteza Abstract: In US trademark infringement may occur in two ways: direct and indirect. In later type, a person without committing a conduct that is subject to a trademark infringement, will conduct a behavior that, as the case may be, results in a contributory (and inducing) or vicarious liability. Given the state of technological innovation in the US, recognition of such an institution seems to be justifiable. In Iran, indirect liability is not foreseen for trademark infringement and various examples of this type of infringement are subject to general civil liability, which is reasonable in the light of the state of technological innovation in Iran. The purpose of this study is to investigate the indirect trademark liability from the point of view of its policy consideration using a descriptive-analytical method. The state of US on technology, justifies the identification and enforcement of such a liability, but considering the state of technological innovation in Iran with respect to all the conditions, including international regulations, Iran's political and economic situation in the international arena, and ..., the failure to identify the indirect liability institution caused by trademark infringement and relying on general civil liability in this area, is justified and recommended. Page(s): 323-334 2021-11-01T00:00:00Z http://nopr.niscpr.res.in/handle/123456789/59060 Title: Intellectual Property Rights and Legal Research: Issues and Challenges Authors: Bansal, Reetika; Jaiswal, Puja Abstract: Intellectual property rights are very important rights that help in the economic development of a country by promoting healthy competition and encouraging industrial development. How IPR is used as a tool in legal research is significant to note. Research is a systemized effort to gain new knowledge. Legal communication via writings shall manifest higher moral values; shall maintain high degree of competence discipline. Legal research inculcates necessary theoretical and practical skills to deal with the diverse and expanding world of law, change and satisfaction. So, the issues that will arise during legal research and the challenges faced by the researchers during the period of research is discussed in this article. This article basically elaborates copyright related issues and challenges during legal research writing. It also specifies provisions for infringement of copyright and rules relating to plagiarism. Hence, present study furnishes a brief overview of intellectual property rights with special reference on research in law. Page(s): 335-341 2021-11-01T00:00:00Z http://nopr.niscpr.res.in/handle/123456789/59059 Title: COVID-19 Patenting Activity in Higher Educational Institutions Authors: Lakshmi, G. Divya; Selvamani V, Lourden; C, Dhilipan; Manchala, Vijaya Vardhan Abstract: In India, 2.93 crore people had been succumbed to COVID-19 on 5 June 2020.1 Containing a series of unparalleled catastrophic event that required hedging on innovation and technologies developed by industry and academia. The purpose of the paper is to identify technologies developed at academia related to COVID-19 pandemic. The exploration by employing PATENTSCOPE COVID-19 functionality, 85 institutions were found to accumulate 1427 out of more than 6000 patents over 20 years COVID-19 technologies under 10 classifications entertained by the World Intellectual Property Organization. Finally, the reflection of COVID-19 in response to selected Indian higher educational institutions is inconclusive. The results imply policy makers to encourage the indigenous innovations in all the functionalities in combating the pandemic. Page(s): 342-350 2021-11-01T00:00:00Z