Mrinalini Kochupillai

Bio: Mrinalini Kochupillai is an academic researcher from Technische Universität München. The author has contributed to research in topics: Intellectual property & TRIPS architecture. The author has an hindex of 6, co-authored 24 publications receiving 91 citations. Previous affiliations of Mrinalini Kochupillai include Max Planck Society.

Programming Away Human Rights and Responsibilities? “The Moral Machine Experiment” and the Need for a More “Humane” AV Future

Abstract: Dilemma situations involving the choice of which human life to save in the case of unavoidable accidents are expected to arise only rarely in the context of autonomous vehicles (AVs). Nonetheless, the scientific community has devoted significant attention to finding appropriate and (socially) acceptable automated decisions in the event that AVs or drivers of AVs were indeed to face such situations. Awad and colleagues, in their now famous paper “The Moral Machine Experiment”, used a “multilingual online ‘serious game’ for collecting large-scale data on how citizens would want AVs to solve moral dilemmas in the context of unavoidable accidents.” Awad and colleagues undoubtedly collected an impressive and philosophically useful data set of armchair intuitions. However, we argue that applying their findings to the development of “global, socially acceptable principles for machine learning” would violate basic tenets of human rights law and fundamental principles of human dignity. To make its arguments, our paper cites principles of tort law, relevant case law, provisions from the Universal Declaration of Human Rights, and rules from the German Ethics Code for Autonomous and Connected Driving.

The Protection and Utilization of Public Funded Intellectual Property Bill, 2008: A Critique in the Light of India's Innovation Environment

Abstract: The article critically reviews the stated objectives and provisions of the proposed Indian Protection and Utilization of Public Funded Intellectual Property Bill, 2008. It seeks to determining the impact the Bill, if enacted, might have on the innovation environment in India and comes to the conclusion that the Bill may be premature in the current Indian Innovation environment. Methodology adopted includes legal, statistical and comparative analysis and interviews. Relevant Indian policies and regulations aimed at promoting intellectual property creation, protection and commercialization have also been studied.

The Protection and Utilization of Public Funded Intellectual Property Bill, 2008: A Critique in the Light of India’s Innovation Environment

Abstract: The article critically reviews stated objectives and provisions of the proposed Indian Protection and Utilization of Public Funded Intellectual Property Bill, 2008 with a view to determining the impact the Bill, if enacted, might have on the innovation environment in India. The Bill may be premature in the current Indian innovation environment. Methodology adopted includes legal, statistical and comparative analysis and interviews. Relevant Indian policies and regulations aimed at promoting intellectual property creation, protection and commercialization have also been studied.

Intellectual Property Law

Abstract: Preface - Table of Cases - Table of Statutes - Table of Statutory Instruments - Table of European and International Legislation - Introduction - PART I: PATENTS AND CONFIDENTIAL INFORMATION - Patents - Patentability (1) - Patentability (2) - Ownership - Protecting the Patent - Breach of Confidence - PART II: TRADE MARKS AND PASSING OFF - Trade Marks - Registration of Trade Marks - Protection of Trade Marks - Passing Off - Character Merchandising - Trade Marks - International Provisions - PART III: COPYRIGHT AND DESIGN - Copyright - Subsistence (1) - Subsistence (2) - Infringement - Defences - Ownership and Duration of Copyright and Moral Rights - Performance Rights - Registered Designs - Unregistered Designs - PART IV: COMPETITION - Intellectual Property and Competition Law - PART V: FUTURE DEVELOPMENTS - The Future of Intellectual Property - Bibliography - Index

Intellectual Property Protection and US Foreign Direct Investment in Emerging Economies

Abstract: Received 1 September 2010, revised 3 November 2010 Do intellectual property rights (IPR) affect foreign direct investment (FDI) into emerging economies? While conventional wisdom supports a strong IPR-FDI relationship, the empirical evidence is both mixed and suffers from several shortcomings. To help resolve this paradox, this article investigates the effects of IPR on US FDI in 22 emerging economies using data from 2006 to 2008. It tests two competing, independent measures of IPR protection, as well as disaggregated FDI data to investigate the effects of IPR protection on investments across nine industries economy-wide, and across eight sectors within the manufacturing industry. The empirical results consistently fail to support the hypothesis that IPR protection strongly affects advanced country FDI into emerging economies. Therefore, developing countries may have considerable leeway in IPR design and enforcement; IPR regimes can be tailored to fit a developing country’s domestic socio-economic and cultural conditions without affecting it as a destination for foreign investment. IPRs are not an end-inthemselves, rather they are a means by which to increase investment in innovative activity; they should therefore be designed and enforced with this goal in mind.

Seed wars and farmers’ rights: comparative perspectives from Brazil and India

Abstract: Drawing on interviews with Indian and Brazilian farmers’ rights activists, lawyers, agronomists and plant breeders, this article aims at better understanding how farmers’ rights are protected on paper and implemented on the ground in these two countries. Brazil and India offer important case studies because they are biologically megadiverse countries, and because small farmers represent an important segment of the rural economy. In this article, I show that India has adopted an ownership approach to farmers’ rights, while Brazil leans towards a stewardship approach. Based on an examination of the progress made in enforcing these rights, I further argue that the stewardship model adopted by Brazil is more conducive to the realization of farmers’ rights, and I explore why this is the case. Finally, I show how farmers’ rights provisions in the Brazilian and Indian legislations represent fragile gains that could be curtailed by several bills currently under discussion in the field of seed and plant variety pr...

Global scientific research commons under the Nagoya Protocol: Towards a collaborative economy model for the sharing of basic research assets

Abstract: This paper aims to get a better understanding of the motivational and transaction cost features of building global scientific research commons, with a view to contributing to the debate on the design of appropriate policy measures under the recently adopted Nagoya Protocol. For this purpose, the paper analyses the results of a world-wide survey of managers and users of microbial culture collections, which focused on the role of social and internalized motivations, organizational networks and external incentives in promoting the public availability of upstream research assets. Overall, the study confirms the hypotheses of the social production model of information and shareable goods, but it also shows the need to complete this model. For the sharing of materials, the underlying collaborative economy in excess capacity plays a key role in addition to the social production, while for data, competitive pressures amongst scientists tend to play a bigger role.