http://nopr.niscpr.res.in/handle/123456789/60450 Fri, 09 Oct 2026 17:10:32 GMT 2026-10-09T17:10:32Z http://nopr.niscpr.res.in/handle/123456789/60457 Title: Author and Owner Intersection in Sound Recordings in The Copyright Act of India Authors: Dakshinamoorthi, Mathivanan Abstract: The present work focuses on the intersection of author and owner concerning sound recordings. The interpretation of copyright law on the author and owner intersection by the Court's are rather varied. It may be because the restricted issues at its hand lead the courts. More particularly, interpretation of provisos (b) and (c) of Section 17 of The Copyright Act, 1957 leads to differing interpretations by the Courts. The present analysis is made by studying three recent judgments to understand the author and owner conflicts of sound recordings. Page(s): 245-250 Fri, 01 Jul 2022 00:00:00 GMT http://nopr.niscpr.res.in/handle/123456789/60457 2022-07-01T00:00:00Z http://nopr.niscpr.res.in/handle/123456789/60456 Title: Traditional Knowledge – Going Multidimensional Authors: Yadav, Parveen; Sharma, Saroj Bohra Abstract: Traditional knowledge (TK) is going multidimensional. On one side it is penetrating Intellectual Property Rights (IPR) marking its association, besides Patents, with Trade Marks, Copyrights, Geographical Indication. On the other hand, the debate as to the protection of TK at the international level is gaining whilst becoming complex. The said debate is, still, not mature enough to have a legal protection covering benefit sharing. The paper discusses the multidimensional nature of TK. It is desired that this would throw light on different aspects of TK whilst analyzing that TK is really a complex concept when it comes to securing an international protection regime. The paper may allow ways to secure protection after witnessing the multidimensional nature of TK. Page(s): 251-257 Fri, 01 Jul 2022 00:00:00 GMT http://nopr.niscpr.res.in/handle/123456789/60456 2022-07-01T00:00:00Z http://nopr.niscpr.res.in/handle/123456789/60455 Title: Significance and Factors Hampering Patents Commercialization in India Authors: Bhardwaj, Mamta; Sandhu, Amandeep Abstract: As per the Patents Act, 1970 one of the patentability criteria is ‘the invention should have industrial application’. The patents’ rights conferred to the patentee are merely not to enjoy the monopoly over the invention, but the patentee has to ensure the use of technology for the societal and economic benefit of the country. Once the patent is granted, the patentee has to ensure the working of the patent in India on a commercial scale. In return, the patentee gets his due amount for his hard work and efforts rendered for the intellectual creativity. Current paper focuses on the working/non-working profile of the patents granted to Indian Higher Education Institutes (HEIs) and National Research Labs (NRLs) in the country from January 2010 to December 2017. The data has been procured from the prescribed ‘Form-27’ by the Indian Patent Office, which the patentee is required to file every year before the end of financial year, post grant of the patent. The research depicts in how many patentees submitted requisite ‘Form-27’, and in how many cases patents granted, worked or didn’t work. Moreover, various reasons cited for the non-working of the patents have also been identified. The issues being encountered with by the patentees have been identified and measures thereof required to be taken, at the individual level, institutional level and government level, have also been suggested. Page(s): 258-265 Fri, 01 Jul 2022 00:00:00 GMT http://nopr.niscpr.res.in/handle/123456789/60455 2022-07-01T00:00:00Z http://nopr.niscpr.res.in/handle/123456789/60454 Title: Originality for Copyright Protection in Literary Works: After EBC v DB Modak Authors: Sharma, Sparsh Abstract: Originality, can be termed as the grund norm (the basic norm) for copyrightability. However, no one-size-fits-all formula is adopted by countries on this aspect, and this article first explores the position and benchmarks to determine original literary work (because even for different ‘works’ the criteria differs). Pursuant to this inquiry of identifying the ambit of the respective thresholds, the Indian perspective is analysed with special emphasis on the decision delivered by Indian Supreme Court in DB Modak. The judgement is critiqued to identify lacunae and absurdity in determining the law laid down and its application in the factual matrix. Finally, subsequent Indian decisions are looked upon by the author to find out the underlying approach by the courts wrt interpretation of DB Modak and what common threads emerge from them. Page(s): 266-276 Fri, 01 Jul 2022 00:00:00 GMT http://nopr.niscpr.res.in/handle/123456789/60454 2022-07-01T00:00:00Z