NOPR Collection:

Software Protection: Copyrightability vs Patentability?

Thu, 01 Mar 2012 00:00:00 GMT

Title: Software Protection: Copyrightability vs Patentability? Authors: Yang, Deli Abstract: The moment software was created was also the starting point of heated debates over software protection. During the early stages of protection, the debate was around the copyrightability of software protection. Nowadays, the focal point is the argument on whether software should be solely protected under copyright or dually guarded by both copyright and patent. With the development of the software industry across the world, this issue has become more and more contentious internationally. This column of Global IP Debate opens with a software patent case and an open source case, and then traces the history of software protection to examine its protective evolvement. It next focuses on the currently heated debate of dual protection on software by laying out both sides of the arguments and reasoning. This debate ends with some possible solutions to engage readers’ thoughts. Page(s): 160-164

Online Intermediary Liability in the European Union

Thu, 01 Mar 2012 00:00:00 GMT

Title: Online Intermediary Liability in the European Union Authors: Cook, Trevor Abstract: One of the greatest challenges faced by legal systems throughout the world in recent times has been how they approach the question of the liability of online intermediaries for the infringement of intellectual property rights that can take place, without actual knowledge on their part, over their networks or on their platforms. Such online intermediaries can take a wide variety of forms, but specific types of ‘real-life’ online intermediary whose activities have now been the subject of a considerable body of litigation, both in the EU and elsewhere, are access providers, search engines, the operators of online marketplaces, and those who provide platforms for user generated content. In the EU the status of the first three such online intermediaries has now been considered by the Court of Justice of the EU (CJEU). Page(s): 157-159

Insurance Patents: Indian Scenario

Thu, 01 Mar 2012 00:00:00 GMT

Title: Insurance Patents: Indian Scenario Authors: Sinha, Rahul Abstract: The importance of intellectual property is well recognized in various industries but the Indian insurance industry has not yet opened its door to intellectual property. Whereas insurance companies world-wide are patenting various aspects of insurance products, the Indian insurance industry finds excuse in the argument that the Patents Act in India does not allow insurance products to be patented.
The paper explores various forms of intellectual property, with special emphasis on patents, which can be used to protect insurance methods and products. It attempts to undo the misconceptions about patenting insurance products and suggests by example, that insurance products can be protected under computer programs category. Page(s): 152-156

Technology Transfer from Higher Technical Institutions to the Industry in India - A Case study of IIT Bombay

Thu, 01 Mar 2012 00:00:00 GMT

Title: Technology Transfer from Higher Technical Institutions to the Industry in India - A Case study of IIT Bombay Authors: Arumugam, V; Jain, Karuna Abstract: Technology transfer from academic institutions to industry plays an important role in shaping industrial growth and improving the economy of a nation. Considerable research on technology transfer from academic institutions to industry in advanced countries is available. This paper aims to investigate on how Indian technical institutions manage technology transfer. This paper presents a case study of an Indian higher technical institution to show how to develop effective technology transfer process to transfer technologies to industry. The case analysis clearly supports the critical role played by an intellectual property management system in enhancing the effectiveness of the technology transfer. The paper also provides qualitative insights to design effective technology transfer process for Indian academic/ technical institutions. Page(s): 141-151