Showing papers in "Journal of Intellectual Property Rights in 2017"

The Protection of Agricultural Products under Geographical Indication: An Alternative Tool for Agricultural Development in Indonesia

Abstract: Indonesia has a lot of agricultural products with unique quality and special characteristic associated with geographical factors such as Toraja Coffee, Alor Vanili, Banda Nutmeg, Java Tea, Deli Tobacco, Cianjur Rise etc. This paper argues that GI protection may contribute to agricultural product diversities and productivity by enhancing production, processing and developing of unique local, niche and special agricultural products. By qualifying intangible assets that are difficult to transfer to other territories, GIs can be conceptually understood as a catalyst and counter point to dynamics of the local agriculture development in Indonesia. GI strategy becomes a tool to ensure the development of agriculture in Indonesia by increasing productivity, creating employment, increasing the incomes of farmers and producers, adding economic value to products, increasing the diversity of supply products, improving the exports of GI products and contributing to GDP, enhancing agriculture investment, etc.

An Introduction to Intellectual Property Rights and their Importance in Indian Context

Abstract: The intellectual property rights (IPR) are intangible in nature and gives exclusive rights to inventor or creator for their valuable invention or creation. In present scenario of globalisation, IPR is the focal point in global trade practices and livelihood across the world. These rights boost the innovative environment by giving recognition and economic benefits to creator or inventor whereas the lack of IPR awareness and its ineffective implementation may hamper the economic, technical and societal developments of nation. Hence dissemination of IPR knowledge and its appropriate implementation is utmost requirement for any nation. The present paper highlights various terms of IPR such as patents, trademarks, industrial designs, geographic indications, copyright, etc with their corresponding rules, regulations, their need and role especially pertaining to Indian context. Further, status of India's participation in IPR related activities across the world has been discussed in brief.

Comparative quantitative analysis of supplementary protection certificates (SPCs) in Europe

Abstract: This article is an attempt to quantify and compare number of SPCs granted, filed and invalidated in five important European Countries UK, France, Germany, Italy and Spain. The data is collected for those patents having expiry in between 1 January 1995 till 31 December 2025. The article further focuses on recent case laws evolved in Europe and its impact on SPC filings. The analysis reveals that patentees are inclined to file more SPCs on product patents as lesser percentage of SPCs for product patent got invalidated. There is a decline in SPCs for patents on combination product. In contrast patents on composition seems to drive highest number of SPC applications as patent holders are trying to extend the life cycle of the product through follow on products, improved articles. It will be interesting to see how the trend of SPC filing will change in future after rise of Unitary Patents.

Commercialization and Renewal Aspects of Patent Management in Indian Pharmaceutical Industry

Abstract: Research on pharmaceuticals has mainly focused on the needs of developed countries while the scenario in developing countries is unclear. This industry is knowledge-intensive and unusually sensitive to intellectual property rights (IPRs).Patents play very important role in their business and this entails good management practices by the firms from various aspects of patent management. Two dimensions viz. commercialization of patents and renewal of patents are studied in this paper. There is dearth of in-depth research studies on these dimensions of patent management in India. A random sample of 300 granted pharmaceutical patents for patent renewal and another sample of 300 patents selected through purposive sampling for patent commercialization have been drawn from the population of granted pharmaceutical patents by the Indian Patent Office between 2005-06 and 2013-14. The information on working of patents has been taken from Form-27 submitted by the patent assignees of the selected patents. Some of the main findings are: a weak but positive and significant correlation between patent renewal & commercialization, blocking motive is the top most barrier to commercialization, direct contact with the partners is the chief mode of commercialization, no potential for technology is the main reason for non-renewal of patents, and enhancement of reputation is the main reason for renewal.

Unitary patent protection, unified patent court, supplementary protection certificate and Brexit

Abstract: New development in terms of Unitary Patent Protection (UPP) system in Europe is anticipated by the end of the year 2017. This article reviews the advantage of UPP over European Patent system (EPS). In addition, the upcoming Unified Patent Court (UPC) system allows parties to litigate in a single forum which would be time saving and cost effective. In this article we have tried to briefly summarize the structure of UPC. There are certain areas like Supplementary Protection Certificate (SPCs) relating to pharmaceutical products which may be significantly impacted by UPP and UPC. We have tried to weigh the implications of the new system on SPC and also provide some possible solutions. Lastly, Britain’s exit from European Union, popularly referred to as Brexit, may pose some challenges to the UPC and UPP and might adversely affect the fundamental purpose of a single patent system in Europe.

Technology Commercialization in Advanced Materials Sector: Indian Context

Abstract: This study is aimed at developing insights into the Technology Value Chain (TVC) of advanced materials-based technologies using a scenario in which technology has been transferred by a Research and ...