 Subjects -> PATENTS, TRADEMARKS AND COPYRIGHTS (Total: 28 journals)
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- Coverage-Disclosure Conundrum and Future of Species Patents in India
Abstract: Title: Coverage-Disclosure Conundrum and Future of Species Patents in India
Authors : Siwal, Ashwini; Prashant: 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.Page(s): 309-316
PubDate: 2022-09-01T00:00:00Z
- Revisiting the Investment Opportunities in Intellectual Property
Abstract: Title: Revisiting the Investment Opportunities in Intellectual Property
Authors : Ahmed, Asna; Afaq, Ahmar; Chhaya, Rupal: The present study shall assess the various modes and kinds of investments in the recent past and how the investment in
intangibles has witnessed growth in the recent decade. This doctrinal study found that Intellectual Property Rights (IPR) as
an investment has been in use since the late 1900s in various international agreements, apart from the traditional methods of
investment in IPR such as, licensing, assignment, and securitization. Though, some countries do not have legislations to deal
with the traditional methods of investment, International Investment Agreements (IIAs) have been a driving force for the
investments in IPR. Since the advent of such an agreement, countries have always mentioned IP protection as an essential
clause. However, the differing laws of the countries paved the way for varied definitions and kinds of IP protection. It has
been found from the existing literature that at the present, most IIAs have emphasized investor protection priority over IP
protection which also forms an essential part of the agreement. This requires that there be adequate laws to supplement the
agreements at both the domestic and international levels. The IP forming the heart of the agreement should be given priority
in terms of protection coupled with adequate redressal mechanisms.Page(s): 317-324
PubDate: 2022-09-01T00:00:00Z
- Additional Protection for Geographical Indications in India: A Working of
Section 22 (2) of Indian GI Act
Abstract: Title: Additional Protection for Geographical Indications in India: A Working of Section 22 (2) of Indian GI Act
Authors : Lukose, Lisa P: While Article 22 of the TRIPS Agreement grants a common minimum standard of GI protection to all goods, by virtue
of Article 23 of TRIPS, ‘wines and spirits’ are given a higher level or additional protection, which is a complimentary
protection in addition to the Article 22 common protection. At the national front, India has the highest registrations of GIs in
agricultural and handicrafts classes of goods. Section 22 (2) and (3) of Geographical Indications of Goods (Registration &
Protection) Act, 1999 enable India to grant additional protection to ‘certain goods’ - the expression ‘certain goods’ is not
defined in the Act. Section 22 (2) grants the Central Government, the authority to provide additional protection to certain
class of goods by publishing a notification in the Official Gazette to that effect. When Article 23 of TRIPS Agreements
qualifies only wines and spirits for higher level protection; the Indian GI statute does not restrict the additional protection to
any specific class/es of goods. This paper critically examines the ‘working of section 22 (2) of Indian GI Act.’Page(s): 325-332
PubDate: 2022-09-01T00:00:00Z
- Implications of GI on Indian Specialty Coffee – A Case Study on
‘Monsooned Malabar Arabica Coffee’
Abstract: Title: Implications of GI on Indian Specialty Coffee – A Case Study on ‘Monsooned Malabar Arabica Coffee’
Authors : P, Rekha Menon; Vasanthakumari, P: Geographical Indication registrations are initiated keeping in mind various benefits out of it such as product
differentiation, branding, price premium, increase in exports etc. There are more than 400 registered GIs in India among
which 7 are specialty coffee varieties. The process of identification of unique specialty varieties of coffee and getting it
registered with the Geographical Indication registry, Chennai is initiated by the Coffee Board of India. The present study
aims at assessing the economic impact of first GI tagged coffee variety, ‘Monsooned Malabar Arabica Coffee’ by evaluating
the exports. The study also analyses whether the GI tag was instrumental in increasing the income of the producers, the
analysis is done by assessing the variation in price per metric ton of coffee being exported. The researchers also evaluates
whether the GI registration has brought about temporal evolution to the coffee variant. The causal impact test results shows
that this coffee variety with GI tag was able to increase its exports and earn a premium price after the GI tag registration.
The results of temporal factor, that is increase in number of labourers in the plantation after the GI registration, even though
it reveals a positive increase it is not attributable to the receipt of GI tag. The researchers conclude that the GI registration
has brought about positive impact in the case of ‘Monsooned Malabar Arabica Coffee’.Page(s): 333-338
PubDate: 2022-09-01T00:00:00Z
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