Subjects -> PATENTS, TRADEMARKS AND COPYRIGHTS (Total: 26 journals)
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- Worldwide Patent Landscaping of AYUSH Technologies
Abstract: Title: Worldwide Patent Landscaping of AYUSH Technologies Authors : Singh, Kaustubh; Purushotham, H: The paper is a landscape analysis of patenting activity in the field of AYUSH. A patent search was carried out for patents in the field of Ayurveda, Yoga, Unani, Siddha and Homeopathy in the Questel Orbit database. The search was carried out globally and included the patents that were filed in the last five years (February 2015 - January, 2020). A total of 1560 patents were retrieved during the search. The search showed that a disproportionate amount of patents were filed in the field of Yoga followed by Homeopathy and Ayurveda. Pinghu Shengroude plastic industry came out as the assignee with maximum number of patent filings followed by Jiangsu Youth Fitness Equipment. The search also covered products, current developments in the field along with listing potential commercialization opportunities for existing players in the field.Page(s): 121-130 PubDate: 2020-09-01T00:00:00Z
- Impact of India’s Plant Variety Protection Act: Analytical Examination
Based on Registrations Under The Act Abstract: Title: Impact of India’s Plant Variety Protection Act: Analytical Examination Based on Registrations Under The Act Authors : Rani, Suvita; Singh, Shubham; Bhattacharya, Sujit: Mandated by TRIPS, India constructed a sui generis system for protection of plant variety, ‘The Protection of Plant Variety and Farmers Right Act, 2001’. The primary objective of the study is to examine the impact of this Act in strengthening the agriculture ecosystem. The paper addresses this by analysing the different attributes of registrations under this Act i.e. types of crops registered, their registration types, applicants affiliation, etc. It further explores the implications of these registrations. The paper also examines the salient and distinctive aspects of the Act such as provisions for supporting farmer and crop diversity, incentive to breeders. The registrations undertaken under different categories show positive trends in terms of crops registered, involvement of different stakeholders, etc. New crop registration shows promise for introduction of new improved varieties. Active involvement of private entities in registering plant varieties underscores that the Act is providing incentives for them for development of new varieties. India’s agriculture export exhibit linkage with new crop varieties being registered.
New crops varieties can create market monopoly and help strengthen India’s agriculture exports. Lack of farmers involvement and the limited role of state agriculture universities in development of new varieties is however a cause of concern.Page(s): 131-139 PubDate: 2020-09-01T00:00:00Z
- Standards in Automotive Sector: Impact of Patents on its Development
Abstract: Title: Standards in Automotive Sector: Impact of Patents on its Development Authors : Patra, Soumya Prakash; Raju, K D: With the increased awareness and focus on safety systems in the automotive domain, it is imperative for regulatory authorities to not only bring in the latest technologies but also ensure reachability and affordability for all. However, the patents related to the latest safety features concentrate in the hands of a few technology leaders, thus rendering the technology access costly and scarce. In such a scenario, adapting principles of SEPs and their permit of use in FRAND conditions as in the telecom domain would create a symbiotic relationship between the technology producers and end-users. The first part of this paper deals with studying the relevant patent filing activities to sensitize the innovation happing in the field of automotive engineering in general and automotive safety in particular. The second part focuses on standards and its establishment process in India and its global context in terms of harmonization. The third part deals with the gap in the operation of Indian Standard establishing authorities and the Indian Patent system. This paper concludes by arguing that it is essential to adopt a cross-functional team to horizontally utilize the best of learnings of the telecom domain in terms of licensing SEPs under FRAND terms.Page(s): 140-145 PubDate: 2020-09-01T00:00:00Z
- Proprietorship of GI in India with Special Focus on the State of Assam
Abstract: Title: Proprietorship of GI in India with Special Focus on the State of Assam Authors : Gogoi, Jupi: The Geographical Indications Act, 1999 clearly mentions four eligible applicants for the registration of GI. They are any association of persons or producers or any organization or authority established by or under any law for the time being in force. Out of them, the maximum registration has been done by organization or authority established by or under any law for the time being in force. It is equally important to focus that the Act clearly states the applicant can apply for the GI registration only if they can represent the interest of the producers. This paper includes an analysis on the true meaning of the clause ‘representing the interest of the producers’ and whether the GI Registry emphasizes on this clause while granting registration of GI. Further, the paper also addresses other proprietorship debates under the GI Act with fours on some of the GI products from Assam and tries to explore the ideal proprietor for registration of a GI product. Lastly, the paper suggests certain measures that could tackle the proprietorship concern and explores if there is a need to amend the law on proprietorship of GI.Page(s): 146-154 PubDate: 2020-09-01T00:00:00Z
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