NOPR Collection:

Speedy Patent Application Examination at the Indian Patent Office: Impact of Nitto Denko Corporation Case

Sun, 01 Mar 2015 00:00:00 GMT

Title: Speedy Patent Application Examination at the Indian Patent Office: Impact of Nitto Denko Corporation Case 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 March 2015 is the recent report submitted government appointed committee to examine the feasibility of expedited examination of a patent application and whether such expedited examination was envisaged in the current patent statue. Any comments or suggestions may be sent to ^†IPneeti@outlook.com or neeti@anandandanand.com. Page(s): 127-130

The Restricted Acts of Reproduction and Distribution in EU Copyright Law

Sun, 01 Mar 2015 00:00:00 GMT

Title: The Restricted Acts of Reproduction and Distribution in EU Copyright Law Authors: Cook, Trevor Abstract: Most, but not all, types of act restricted by copyright or related rights in works or other matter are harmonised at an EU level. Thus, along with the restricted act of communication to and making available to the public, the restricted acts of reproduction, distribution and rental are also expressly harmonised at an EU level. Although such other restricted acts have occasioned considerably less case law in the Court of Justice of the EU than the restricted act of communication and making it available to the public, their case law provides an insight into many live issues of EU copyright law, such as the degree of originality required for copyright to subsist and the scope of the doctrine of exhaustion of rights. In some areas, such as originality, the Court has been prepared to extend the ambit of the EU harmonising legislation into areas which the legislature did not purport to harmonise; but there have been others where it has not been prepared so to do, thereby flagging up lacunae in the harmonisation of copyright at an EU level. One already established such lacuna is that of certain restricted acts as mandated, as to copyright, by the Berne Convention. The Court has recently, in a case which concerns aspects of the restricted acts of both reproduction and distribution, and as to the latter the scope of the doctrine of exhaustion of rights, declined to seize the opportunity offered to it to clarify the status under EU law of another restricted act, that of adaptation, as mandated by Article 12 of the Berne Convention. Page(s): 122-126

Intellectual Property and Transparency in Trade Negotiations: The Experience of Thailand

Sun, 01 Mar 2015 00:00:00 GMT

Title: Intellectual Property and Transparency in Trade Negotiations: The Experience of Thailand Authors: Kuanpoth, Jakkrit Abstract: This article concentrates on the problem of non-transparency in non-multilateral norm-setting activities in the intellectual property field. It highlights the experience of Thailand in order to show the inability of the general public to participate in decision-making relating to trade negotiations and to access information regarding trade agreements. It explores the issue of transparency in this international norm-setting process that will support the debate on development-oriented policy in order to better understand the socio-economic impacts of trade liberalization. Page(s): 112-121

Strategies for Technical Assessment via Patent Analysis − A Case Study

Sun, 01 Mar 2015 00:00:00 GMT

Title: Strategies for Technical Assessment via Patent Analysis − A Case Study Authors: Shrivastava, Shivani; Verma, H N; Saha, R Abstract: The objective of present study is to understand the current situation in the area of biological control of plant diseases and to gain understanding of where the future technology is moving. The trends and direction of technology is explored through analysis of patents granted by the United States Patent and Trademark Office (USPTO) related to biocontrol of plant diseases over the period 1997-2007. It shows an overall increasing trend of patents granted in the area of biocontrol technology used for combating plant diseases. Most of the patents are related to tissue culture techniques, plant breeding and biotechnology. It has also been observed that top most assignees were Pioneer Hi-Bred International, Inc, Monsanto Technology, Stine Seed Farm, Inc, Cornell Research Foundation Inc, Mertec LLC, etc. Page(s): 104-111