Pub Date : 2022-01-01DOI: 10.56042/jipr.v27i1.51034
{"title":"Geographical Indications in Maharashtra","authors":"","doi":"10.56042/jipr.v27i1.51034","DOIUrl":"https://doi.org/10.56042/jipr.v27i1.51034","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":"70706233","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.v27i4.56106
{"title":"Author and Owner Intersection in Sound Recordings in The Copyright Act of India","authors":"","doi":"10.56042/jipr.v27i4.56106","DOIUrl":"https://doi.org/10.56042/jipr.v27i4.56106","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":"70706694","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.v27i4.65607
{"title":"Commercializing Copyright – A Taxing Event for the Copyright Owner?","authors":"","doi":"10.56042/jipr.v27i4.65607","DOIUrl":"https://doi.org/10.56042/jipr.v27i4.65607","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":"70706708","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.v27i3.52633
Tania Sebastian
India has so far resisted the push from the United States of America (USA) to bring about separate legislation that regulates trade secrets. Reports and studies categorically show that such protection is desirable. It also forms part of the minimum requirements under TRIPs. In its defence, India has reiterated that mechanisms under common law exist to effectively protect trade secrets. This paper looks into these mechanisms, primarily the Indian Copyright Act, 1957 (Copyright Act) and the Indian Contract Act, 1872 (Contract Act), and provides evidence to show that deciding on trade secret issues via these Acts in India undermines the basic premise of copyright, and ignores issues of treating confidential information as confidential. Literary work as mentioned in the Copyright Act and the settled position of law by judicial decisions is discussed in this paper. This forms the first argument in favour of sui generis protection for trade secrets. The second argument in favour of the sui generis mode of protection for trade secrets is that of retaining the confidentiality of information that is regulated by contracts. This aspect is, firstly, under-examined in evidence in the Indian cases. Secondly, under the Indian Contract Act, 1857, (Contract Act) whenever the elements of confidentiality are to be examined, it is circumvented or ignored. This thereby impedes the understanding of confidential information in these case laws. Hence, this study shows that courts have overtly interfered in the basic premise of contractual obligations vis-a-vis confidential information between two parties by reading into what constitutes a trade secret. It is this lacuna in both procedural and substantive fields that holds up the second argument for a sui generis mode of protection. The conclusions from this paper address a much-required regime change in the pre-existing model of protection of trade secrets in India not only as a result of the external push (that is necessitated by international pressure and India’s continued presence on the Priority Watch List) but also as a result of the internal indecisiveness in deciding matters before the Indian courts.
{"title":"Locating Trade Secrets under Indian Laws: A Sui Generis Mode of Protection","authors":"Tania Sebastian","doi":"10.56042/jipr.v27i3.52633","DOIUrl":"https://doi.org/10.56042/jipr.v27i3.52633","url":null,"abstract":"India has so far resisted the push from the United States of America (USA) to bring about separate legislation that regulates trade secrets. Reports and studies categorically show that such protection is desirable. It also forms part of the minimum requirements under TRIPs. In its defence, India has reiterated that mechanisms under common law exist to effectively protect trade secrets. This paper looks into these mechanisms, primarily the Indian Copyright Act, 1957 (Copyright Act) and the Indian Contract Act, 1872 (Contract Act), and provides evidence to show that deciding on trade secret issues via these Acts in India undermines the basic premise of copyright, and ignores issues of treating confidential information as confidential. Literary work as mentioned in the Copyright Act and the settled position of law by judicial decisions is discussed in this paper. This forms the first argument in favour of sui generis protection for trade secrets. The second argument in favour of the sui generis mode of protection for trade secrets is that of retaining the confidentiality of information that is regulated by contracts. This aspect is, firstly, under-examined in evidence in the Indian cases. Secondly, under the Indian Contract Act, 1857, (Contract Act) whenever the elements of confidentiality are to be examined, it is circumvented or ignored. This thereby impedes the understanding of confidential information in these case laws. Hence, this study shows that courts have overtly interfered in the basic premise of contractual obligations vis-a-vis confidential information between two parties by reading into what constitutes a trade secret. It is this lacuna in both procedural and substantive fields that holds up the second argument for a sui generis mode of protection. The conclusions from this paper address a much-required regime change in the pre-existing model of protection of trade secrets in India not only as a result of the external push (that is necessitated by international pressure and India’s continued presence on the Priority Watch List) but also as a result of the internal indecisiveness in deciding matters before the Indian courts.","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":"70706105","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.v27i2.60987
{"title":"Taxation Policy: A Much-Needed Push for Intellectual Property Creation in India","authors":"","doi":"10.56042/jipr.v27i2.60987","DOIUrl":"https://doi.org/10.56042/jipr.v27i2.60987","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":"70706466","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.v27i6.66630
{"title":"Intellectual Property Rights in Context of New Education Policy 2020","authors":"","doi":"10.56042/jipr.v27i6.66630","DOIUrl":"https://doi.org/10.56042/jipr.v27i6.66630","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":"70706581","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.v27i5.66013
Ashwini Siwal
Discovery consists in .” Innovations are mostly derived from already existing technologies that may or may not have been patented. What could one think of, about the patentability of a product, let‟s say a pharma product that is made from the group of previously known compounds, some of which are already patented? The answer to this question lies in the very technical field under patent law known as „Selection Patents‟ or „Genus-Species Patents‟. Predominantly this concept of selection patent or species patent is seen mostly in the domain of chemical compounds or species, but certainly is not limited to that only, as the same can be applied in other technological areas, such as engineering, biotechnology, material science and telecommunications. Selection patents/inventions are said so as they overlap with the disclosures in the preexisting art. Such aforesaid disclosures generally do not hamper the novelty of the latter invention unless the latter one does not encompass a new embodiment of feature or property. But this isn‟t as straight forward as it seems to be. The critical issue in this domain is how to determine the novelty and inventive step of the selection inventions which are entangled in the dichotomy of coverage and disclosure. Off late there have been chunk of cases in India deciphering the coverage-disclosure conundrum in the field of species patents. This paper will foray as to what is this coverage-disclosure conundrum in selection patents, what are the legal framework that are prevalent across other jurisdictions to deal this and what is the future of specie patents in India especially in light of recently filed Dapagliflozin Appeals.
{"title":"Coverage-Disclosure Conundrum and Future of Species Patents in India","authors":"Ashwini Siwal","doi":"10.56042/jipr.v27i5.66013","DOIUrl":"https://doi.org/10.56042/jipr.v27i5.66013","url":null,"abstract":"Discovery consists in .” Innovations are mostly derived from already existing technologies that may or may not have been patented. What could one think of, about the patentability of a product, let‟s say a pharma product that is made from the group of previously known compounds, some of which are already patented? The answer to this question lies in the very technical field under patent law known as „Selection Patents‟ or „Genus-Species Patents‟. Predominantly this concept of selection patent or species patent is seen mostly in the domain of chemical compounds or species, but certainly is not limited to that only, as the same can be applied in other technological areas, such as engineering, biotechnology, material science and telecommunications. Selection patents/inventions are said so as they overlap with the disclosures in the preexisting art. Such aforesaid disclosures generally do not hamper the novelty of the latter invention unless the latter one does not encompass a new embodiment of feature or property. But this isn‟t as straight forward as it seems to be. The critical issue in this domain is how to determine the novelty and inventive step of the selection inventions which are entangled in the dichotomy of coverage and disclosure. Off late there have been chunk of cases in India deciphering the coverage-disclosure conundrum in the field of species patents. This paper will foray as to what is this coverage-disclosure conundrum in selection patents, what are the legal framework that are prevalent across other jurisdictions to deal this and what is the future of specie patents in India especially in light of recently filed Dapagliflozin Appeals.","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":"70706894","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.v27i6.62868
L. Choudhary, H. Daga
{"title":"Patent Waiver on Covid Vaccine: Access for all or Global Supply Crisis?","authors":"L. Choudhary, H. Daga","doi":"10.56042/jipr.v27i6.62868","DOIUrl":"https://doi.org/10.56042/jipr.v27i6.62868","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":"70706938","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.v27i2.55462
{"title":"The TRIPS Agreement Revisited ‒Time to Open-Up Climate Technologies for Least Developed Countries","authors":"","doi":"10.56042/jipr.v27i2.55462","DOIUrl":"https://doi.org/10.56042/jipr.v27i2.55462","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":"70706410","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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