NOPR Collection:

Guidelines for Access and Benefit Sharing for Utilization of Biological Resources based on Nagoya Protocol Effective

Thu, 01 Jan 2015 00:00:00 GMT

Title: Guidelines for Access and Benefit Sharing for Utilization of Biological Resources based on Nagoya Protocol Effective Authors: Wilson, Neeti Abstract: The Indian intellectual property scenario is developing at a very fast rate in India and one finds some or the other newspaper headline related to the same. This section is devoted to presenting the current Indian IP news in the limelight to keep the readers abreast of the latest trends. The spotlight for January 2015 is on the latest Regulations issued by the National Biodiversity Authority under the Biological Diversity Act, 2002 related to access and commercialization of biological resources. There are specific guidelines for sharing of benefits specially resulting from the commercialization of the Intellectual Property related to the Biological Resources. Any comments or suggestions may be sent to IPneeti@outlook.com or neeti@anandandanand.com. Page(s): 67-70

The Restricted Act of Making Available and Communication to the Public in the European Union

Thu, 01 Jan 2015 00:00:00 GMT

Title: The Restricted Act of Making Available and Communication to the Public in the European Union Authors: Cook, Trevor Abstract: In retrospect, perhaps the most significant innovation to have been introduced into the law of copyright and related rights by the WIPO Copyright Treaty and the WIPO Performers and Phonograms Treaty of 1996 was the new restricted act of “making available to the public” for both copyright in the strict sense and for related rights in sound recordings and fixations of performances, although for copyright such restricted act is also included within the broader restricted act of “communication to the public”. Enacted in the European Union by Directive 2001/29/EC on the Copyright in the Information Society, this type of restricted act has been the subject of more case law at the Court of Justice of the EU than any other provision of this Directive, which has in turn been the subject of more case law than all other EU copyright and related rights Directives together. This article reviews how such case law has developed, and how the Court of Justice has sought to modify its initial formulation of this type of restricted act in the context of its application to various activities on the Internet. Page(s): 60-66

The Jurisdictional Dilemma Surrounding the Intellectual Property Appellate Board

Thu, 01 Jan 2015 00:00:00 GMT

Title: The Jurisdictional Dilemma Surrounding the Intellectual Property Appellate Board Authors: Pathak, Harshad Abstract: Though the IPAB was constituted as a specialized alternative tribunal to the High Courts in patent and trademark disputes, there are concerns as to its precise role in the existing judicial hierarchy. In light of the jurisdictional overlap between the IPAB and the Registrar of Trade Marks or Controller of Patents as the case may be, concerns have been raised as to the appellate nature of the Board. The situation is further complicated by the conflicting relationship the IPAB shares with the High Courts or District Courts in context of suits for infringement. Whether a litigant in a suit for infringement before the appropriate High Court or district court ought to seek a leave of the said court as to the prima facie tenability of the plea of rectification of the plaintiff’s trademark before initiating necessary proceedings before the IPAB or the Registrar? The present paper is an endeavour to address the two cited concerns through an analysis of the judicial decisions on the highlighted issues. From a broader perspective, it is an attempt to understand the positioning of the IPAB in relation to the multiple judicial and quasi-judicial authorities functioning within its proximity. Page(s): 51-59

Global Research on Medical Cotton - Evidence from Patent Landscape Study

Thu, 01 Jan 2015 00:00:00 GMT

Title: Global Research on Medical Cotton - Evidence from Patent Landscape Study Authors: Panja, S; Majumder, P; Sarkar, B K; Mukim, K K; Hati, A Abstract: Application of cotton has global demand in healthcare field for protection of injury site, control of bleeding, prevention from contamination of wound from foreign bodies and absorption of secretion. Inventions on medical cotton have been started from the year 1850, but the growth of technology has been observed after the year 1900. The present study aims to analyze the trend of inventions on medical cotton on the basis of patent documents retrieved from USPTO, EPO, WIPO, PAJ, IPIndia, and Free Patents Online (FPO). Analysis of patent documents are performed on the basis of filing year, publication year, geographical locations, assignees, families, International Patent Classification (IPC), citations and applications of inventions. Strengths and weaknesses of the global research on medical cotton are also clearly mentioned. Areas where further researches are needed are highlighted by a White-Space analysis. Participation of India on medical cotton is meager, but the possibility is enormous. Page(s): 39-50