NOPR Collection:

New European Union Trade Mark Regime and the Institutionalisation Within it of the Co-existence of National and European Union Trade Mark Rights

Fri, 01 Jan 2016 00:00:00 GMT

Title: New European Union Trade Mark Regime and the Institutionalisation Within it of the Co-existence of National and European Union Trade Mark Rights Authors: Cook, Trevor Abstract: The long awaited revision to the EU Trade Mark Regime, consisting of a regulation that amends the existing one on the Community Trade Mark (to be renamed the European Union Trade Mark), and a new Directive to replace the one that harmonises the trade mark laws of EU Member States, completed its legislative passage on 16 December 2015, and will enter into force in stages from March 2016. In part the revisions that the two measures effect to the existing EU trade mark regime reflect or respond to the interpretations placed on the earlier legal framework by the Court of Justice of the EU. In other respects such amendments are aimed at further harmonising the national regimes and at more closely aligning the national and EU ones. Notably however the new regimeretains, and indeed institutionalises, the co-existence between registered trademarks at EU level and at national level. In addition to discussing some of the changes effected by the new regime this article reviews certain aspects of such co-existence, and provides examples from recent case law as to when registered trade marks at a national level can provide benefits as against those at an EU level. Page(s): 57-61

Patent Database: Their Importance in Prior Art Documentation and Patent Search

Fri, 01 Jan 2016 00:00:00 GMT

Title: Patent Database: Their Importance in Prior Art Documentation and Patent Search Authors: Singh, Vikram; Chakraborty, Kajal; Vincent, Lavina Abstract: In knowledge based economies the nation’s economic status depends on the production, distribution and use of knowledge and information. The recent trend in the economic growth of nations is mainly determined by innovative technological know-how of the individuals. Intellectual property has gained attention in this era of knowledge. The vast amount of data generated through the application of intellectual assets is managed with the help of various in- silico tools. In recent days, the patent databases have gained importance due to the detailed information available on the granted patent and other details, such as, legal status of the patent applications, which are not available through any other literature search. This review paper attempts to describe different types of patent databases available, their unique features, strengths, weakness and their major purpose. This paper details the information on how to access a patent database, the relevance of patent information obtained from these databases in prior art search, patent analysis, and the drawbacks present in these patent databases. Page(s): 42-56

Impact of Granting Data Exclusivity in Agro-Chemical Sector

Fri, 01 Jan 2016 00:00:00 GMT

Title: Impact of Granting Data Exclusivity in Agro-Chemical Sector Authors: Jain, Bharti Abstract: The issue of data exclusivity in India has reignited in context of an alert in early 2015 by the Secretary General of Indian Pharmaceutical Alliance about proposed amendment in Pesticides (Amendment) Bill (IPA, 2015).¹ The proposed amendment is to introduce data exclusivity for a period of five years. It is a general perception that such amendment is TRIPS- Plus and would eliminate competition and create monopolies for agro-chemical and pesticides, thereby escalating their prices. Therefore, it becomes pertinent to analyze data exclusivity in view of the TRIPS Article 39.3 and its impact on the accessibility, availability and affordability of agro-chemicals. In context of the proposed amendments, it becomes relevant to understand the issue of data exclusivity and its impact on the agro-chemical industry in India. Also, the issues which could be faced by various stakeholders and public in general in case the data exclusivity is granted are highlighted. Page(s): 38-41

A Study on Patent Trust System in Korea

Fri, 01 Jan 2016 00:00:00 GMT

Title: A Study on Patent Trust System in Korea Authors: Han, Junghee; Lee, Hee jung Abstract: With the importance of intellectual property rights, utilization of IP is the key strategy at both firm level and national level. Patent trust system is the system to manage and utilize the intellectual property rights produced by public sector in Korea. In this study, patent trust system and its contribution to vitalize intellectual property right minimizing unused patents is being analysed. In order to fulfill research aims, the numerous Acts and Regulations including both domestics and foreign were used. From the findings, this study suggests that the top priority in revitalization of patent trust system should be the procurement of excellent patent. The trust agencies must procure patents that consumer corporations need. The second concern is the introduction of a patent royalty trust and insurance system. Also, patent portfolio auction needs to be introduced. Finally, patent portfolio auction needs to be introduced for vitalization of patent trust system in Korea. Page(s): 27-37