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/ … [Read more...]
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 … [Read more...]
Interplay Between Competition Law And IPR In Its Regulation Of Market
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 … [Read more...]
Evaluation Of India’s Stand On Pharmaceutical Patenting
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 … [Read more...]
Right to Health vis-à-vis Patent Protection: The Indian Scenario
- 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 … [Read more...]
Copyright infringement by ISPs
By Priyan Garg Amity University, Uttar Pradesh Editor’s note: If you can’t protect what you own—you don’t own anything. That is the principle that copyright rests upon - providing a bundle of rights to protect one’s data on the internet and other systems. It prevents the copying of all or a … [Read more...]
International Developments Relating To Protection Of Traditional Knowledge
- 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 … [Read more...]
Moral Rights Of Author
- 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 … [Read more...]
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. … [Read more...]
Towards The TRIPS Agreement
By Arunima Singh, Amity University Editor’s Note: 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 … [Read more...]