By Pallavi Verma, RMLNLU Editor’s Note: This article discusses the relevant laws and international conventions that deal with the protection of a performers’ copyright. The author restricts this analysis to the right of a performer over his/her portrayal of a fictional character in a TV show/ movie/ performance etc. INTRODUCTION Copyright […]
Sound: An Unconventional Trademark
By Pranav Gupta and Isha Tyagi, Symbiosis Law School Noida Editor’s Note: This paper attempts to analyse the Indian law dealing with the registration of “unconventional trademarks”, more specifically with the registration of a sound mark, whose application is submitted through graphical representation. The authors refer to certain instances wherein sound […]
Interplay Between Competition Law And IPR In Its Regulation Of Market
By Shubhodip Chakraborty Editor’s Note: Markets are governed by different regulatory mechanisms. One of the important objectives of the mechanism is to strike a reasonable balance between the conflicting interests among the various stakeholders. Free market operates automatically because of unregulated supply and demand of basic needs without much intervention […]
Evaluation Of India’s Stand On Pharmaceutical Patenting
By Aakansha Bhola Editor’s Note: Patents are intellectual property usually possessed by the industry. They usually protect the commercial right of the patent-holder. But before further elaboration on this, understanding the concept of intellectual property is necessary. Intellectual property is property possessed by virtue of the mind and intellect. It […]
Right to Health vis-à-vis Patent Protection: The Indian Scenario
By Rahul Vicky, CNLU Patna Introduction In India, all drugs were generics before 2005 because there were no product patents for pharmaceuticals. India became fully TRIPS compliant in 2005 through the introduction of pharmaceutical patents, with legislation that included safeguards to protect public health. In particular, section 3(d) of India’s […]
International Developments Relating To Protection Of Traditional Knowledge
By Navin Anand, CNLU INTRODUCTION Traditional knowledge has been defined as ‘a body of knowledge built by a group of people through generations living in close contact with nature’. The protection under intellectual property rights (IPRs) of traditional and indigenous knowledge (TK) has received growing attention since the adoption of […]
The Moral Rights of an Author
By Nidhi Kumari, CNLU INTRODUCTION Universal Declaration of Human Rights, Article 27(2) “Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author[i]” When an artist creates, he expresses an opinion. Whether it is […]
Intellectual Property Rights in Pharmaceuticals
By Amitav Singh, National University of Advanced Legal Studies, Kochi “Editor’s Note: With the rapid advancement of science and technology, the pharmaceutical industry has been flourishing the market with life saving drugs. Intellectual property rights of pharmaceuticals is governed by patent law. India being a signatory of the GATT is […]
Towards The TRIPS Agreement
The TRIPS Agreement aimed not only at protection of the Intellectual Property rights but their due enforcement as well. The Agreement, thus, sets out minimum standards to be established and also provides for the administrative and civil mechanisms for enforcement. These minimum standards for the enforcement of IPR allow right holders to protect their legitimate interests through civil courts or administrative proceedings. However, considering the innovations in technological fields, increased patent filing, new symbols being created everyday and works requiring copyrights, IPR enforcement needs to be strengthened further.
Cyber Sharing (In terms of Peer-to-Peer networks): Opportunity or Challenge to Entertainment Industry
By Sudhanshu Prakash, School of Legal Studies, Cochin University of Science & Technology, Kochi “Editor’s Note: In the era of technological advancement, cyber crimes are rampant, and forever on the rise. Internet piracy violates a large number of copyrights and leads to IPR controversies. The emergence of Peer-to-Peer sharing, better […]
Patents and Right to Health
‘Patent’ word derives its origin from the Latin word “Patere” which means to “open up”. Patent is an Intellectual Property Right that grants exclusive monopoly rights to the holder of the patent to use, manufacture, produce, sell and/or market the invention. Though patents provide an incentive to innovate but they also make it difficult for countries to keep health care costs low. Considering specifically pharmaceutical patents (product patents), monopoly rights to commercially exploit a drug may lead to high pricing of the drugs to recoup the R&D costs before expiration of term of the patent. Therefore, the issue becomes very significant because while patents are food for thought of inventors, it cannot be neglected that these do lead to high prices of drugs, thereby affecting the health of the society at large.
EverGreening: An Abuse of the Patent System
By Sushmita R., Christ Law College, Bangalore “Editor’s Note: Intellectual Property laws are one of the most complexed laws that exist today. India, in order to strengthen its patent regime and align it with the TRIPs agreement, introduced amendments to the Patent Act in 2005, with a special focus on the […]
Law and Technology
By Nabarun Chandra Ray, GNLU Editors Note: Technology interacts with social, economic and legal frameworks to set the basic ‘affordances’ and constraints of human activity over time. The most significant present transformation revolves about computers and the emergence of the networked information economy. These new technological and economic conditions are […]