Pub Date : 2023-01-01DOI: 10.56042/jipr.v28i3.1269
{"title":"An Introduction to Standard Essential Patents Part –III","authors":"","doi":"10.56042/jipr.v28i3.1269","DOIUrl":"https://doi.org/10.56042/jipr.v28i3.1269","url":null,"abstract":"","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"19 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70707327","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.56042/jipr.v28i4.2207
{"title":"The SEPs Debate and Surrounding Issues: Part -IV","authors":"","doi":"10.56042/jipr.v28i4.2207","DOIUrl":"https://doi.org/10.56042/jipr.v28i4.2207","url":null,"abstract":"","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70707432","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Status of Geographical Indications in the Northeast Region of India","authors":"","doi":"10.56042/jipr.v28i4.743","DOIUrl":"https://doi.org/10.56042/jipr.v28i4.743","url":null,"abstract":"","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70707481","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
As technological developments continue to disrupt creative industries, they put to test our copyright doctrine. The recent litigation initiated against Sci-Hub and LibGen by three publishers raises complex questions permeating the Indian copyright regime. In this context, it is important to determine the values our copyright system serves and the standards of ‘fairness’ it demands to exempt certain infringements. This paper studies the Indian fair dealing jurisprudence from a theoretical standpoint to argue that it lacks a robust normative foundation. It first maps the prevalent theories of copyright and suggests that the cultural theory not only exposes gaps in the dominant incentive theory but also offers a more comprehensive understanding of copyright. It then analyses Indian fair dealing cases from this viewpoint. While the jurisprudence is largely inconsistent, analysis of two important cases reveals that while their outcome was desirable from a cultural theory perspective, their doctrine is insufficient to excuse certain socially-valuable infringements. Their emphasis on transformativeness coupled with an implicit bar on verbatim reproductions is critical. It is suggested that the Indian fair dealing jurisprudence is unfit to foster a just and attractive culture; one that strives to attain pluralistic values essential for the ‘good life’.
{"title":"Copyright, Culture and Contemporary Debates: A Jurisprudential Analysis of Fair Dealing in India","authors":"Chelsea Sawlani","doi":"10.56042/jipr.v28i3.713","DOIUrl":"https://doi.org/10.56042/jipr.v28i3.713","url":null,"abstract":"As technological developments continue to disrupt creative industries, they put to test our copyright doctrine. The recent litigation initiated against Sci-Hub and LibGen by three publishers raises complex questions permeating the Indian copyright regime. In this context, it is important to determine the values our copyright system serves and the standards of ‘fairness’ it demands to exempt certain infringements. This paper studies the Indian fair dealing jurisprudence from a theoretical standpoint to argue that it lacks a robust normative foundation. It first maps the prevalent theories of copyright and suggests that the cultural theory not only exposes gaps in the dominant incentive theory but also offers a more comprehensive understanding of copyright. It then analyses Indian fair dealing cases from this viewpoint. While the jurisprudence is largely inconsistent, analysis of two important cases reveals that while their outcome was desirable from a cultural theory perspective, their doctrine is insufficient to excuse certain socially-valuable infringements. Their emphasis on transformativeness coupled with an implicit bar on verbatim reproductions is critical. It is suggested that the Indian fair dealing jurisprudence is unfit to foster a just and attractive culture; one that strives to attain pluralistic values essential for the ‘good life’.","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70707530","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-01DOI: 10.56042/jipr.v28i4.2023
{"title":"A Study on mHealth Innovations through the Lens of Patent Analysis","authors":"","doi":"10.56042/jipr.v28i4.2023","DOIUrl":"https://doi.org/10.56042/jipr.v28i4.2023","url":null,"abstract":"","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70707548","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-01DOI: 10.56042/jipr.v27i3.59568
A. Ghose, S. Ali
We have observed for a very long time that, in various instances, food and recipes are considered the subject matter of art. Different chefs and restaurants have received global recognition for their creativity and talent. Their creation forms an integral part of intellectual assets, which are exploited commercially. Although in popular opinion, the culinary industry is often considered a representation of derivative art, however, with the advancement of culinary techniques and creativity of chefs across the world, various forms of intellectual property laws are claimed by these proprietors and stakeholders in order to protect their unique creations from encroachment. Signature dishes and the unique ambiance of a restaurant are always the subject matter of well-known controversies. In this article, the author makes an attempt to analyze various culinary conflicts observed across the world and examines the various possibilities of protecting the artistic arrangement or plating of their dishes under traditional as well as the non-traditional scope of intellectual property laws. The article discusses the statutory and judicial pronouncements pertinent to this issue in the light of notable principles of Copyright, Trademark, Trade Secret, and Patent laws, along with ramifications involved in safeguarding the same. The findings and suggestions provided in this research, in the end, put forward the efficacy of confidential agreements and the requirement of strict statutory provisions on trade secret laws to protect the unique creation of culinary industries.
{"title":"Protection of Cuisine under Intellectual Property Law: A Global Perspective","authors":"A. Ghose, S. Ali","doi":"10.56042/jipr.v27i3.59568","DOIUrl":"https://doi.org/10.56042/jipr.v27i3.59568","url":null,"abstract":"We have observed for a very long time that, in various instances, food and recipes are considered the subject matter of art. Different chefs and restaurants have received global recognition for their creativity and talent. Their creation forms an integral part of intellectual assets, which are exploited commercially. Although in popular opinion, the culinary industry is often considered a representation of derivative art, however, with the advancement of culinary techniques and creativity of chefs across the world, various forms of intellectual property laws are claimed by these proprietors and stakeholders in order to protect their unique creations from encroachment. Signature dishes and the unique ambiance of a restaurant are always the subject matter of well-known controversies. In this article, the author makes an attempt to analyze various culinary conflicts observed across the world and examines the various possibilities of protecting the artistic arrangement or plating of their dishes under traditional as well as the non-traditional scope of intellectual property laws. The article discusses the statutory and judicial pronouncements pertinent to this issue in the light of notable principles of Copyright, Trademark, Trade Secret, and Patent laws, along with ramifications involved in safeguarding the same. The findings and suggestions provided in this research, in the end, put forward the efficacy of confidential agreements and the requirement of strict statutory provisions on trade secret laws to protect the unique creation of culinary industries.","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70706173","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-01DOI: 10.56042/jipr.v27i1.51259
{"title":"Could an Artificial Intelligence be a Ghostwriter?","authors":"","doi":"10.56042/jipr.v27i1.51259","DOIUrl":"https://doi.org/10.56042/jipr.v27i1.51259","url":null,"abstract":"","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70706245","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-01DOI: 10.56042/jipr.v27i2.47076
{"title":"Emerging Technology of Blockchain for Energy Sector","authors":"","doi":"10.56042/jipr.v27i2.47076","DOIUrl":"https://doi.org/10.56042/jipr.v27i2.47076","url":null,"abstract":"","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70706318","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-01DOI: 10.56042/jipr.v27i5.61884
{"title":"Implications of Geographical Indication on Indian Specialty Coffee – A Case Study on ‘Monsooned Malabar Arabica Coffee’","authors":"","doi":"10.56042/jipr.v27i5.61884","DOIUrl":"https://doi.org/10.56042/jipr.v27i5.61884","url":null,"abstract":"","PeriodicalId":39166,"journal":{"name":"Journal of Intellectual Property Rights","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70706836","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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