...Intellectual Property Rights 2014 1.Intellectual property rights: US set to punish India The Indian embassy in Washington DC too scheduled a briefing by its economic and commerce wings soon after the expected US action. TNN | Feb 10, 2014, 10.28PM IST WASHINGTON: It's not looking good between New Delhi and Washington. Tensions over the Khobragade episode are yet to fully dissipate, but the two sides are locking horns again over intellectual property rights. The Obama administration is scheduled to announce unspecified ''trade enforcement action'' against India on Monday evening (Tuesday am IST) Washington time. United States trade representative (USTR) Michael Froman and general counsel Timothy Reif will hold a news conference to announce action related to India, the USTR said earlier in the day in a head's up to journalists. The Indian embassy in Washington DC too scheduled a briefing by its economic and commerce wings soon after the expected US action. All this comes ahead of a re-scheduled visit to New Delhi of US energy secretary Ernesto Munoz, which was postponed from January because of the Khobragade row. 2.Hurdles in business growth forcing entrepreneurs to mass exodus Krithika Krishnamurthy, ET Bureau Mar 28, 2014, 04.30AM IST * (Starting up in India is easy…) Within the next six months, Bangalorebased technology entrepreneur Jay Krishnan will be heading east in search of a better place to locate his fast-growing business...
Words: 5043 - Pages: 21
...6 Competition Law and Policy 7 CONFLICT BETWEEN IPR AND COMPETITION LAW 9 INDIAN SCENARIO 14 Analysis of Judgments 16 CONCLUSION 20 BIBLIOGRAPHY 21 List of abbreviations AIR - All India Reporter CCI – Competition Commission of India US – United States of America Del – Delhi Bom - Bombay SC – Supreme Court IPR – Intellectual Property Rights GI – Geographical Indication Index of Authorities List of Statutes * The Competition Act; 2002. * The Copyright Act, 1957. * The Patents Act, 1970. * The Trade and Merchandise Marks Act, 1958 or the Trade Marks Act, 1999. * The Geographical Indications of Goods (Registration and Protection) Act, 1999. * The Designs Act, 2000. * The Semi-conductor Integrated Circuits Layout-Design Act, 2000. List of Cases * FICCI Multiplex Association of India v United Producers/Distributers Forum (case No 1 of 2009, CCI) * Reliance Big entertainment Ltd v Karnataka Film Chamber of Commerce, Case No 25 2010. * Microfibres Inc v Giridhar, 128 (2006) DLT 238. * Amir Khan Production Pvt Ltd v Union of India, 2010(112) Bom L R 3778 * Kingfisher v CCI writ petition no 1785 of 2009. * Manju Bharadwaj v ZEE Telefilms Ltd (1996) 20 CLA 229. * Dr VallalPeruman v Godfrey Philips India Ltd(1995) 16 CLA 201. * Twentieth Century Music Corp v. Aiken 422 US 151(1975) * Hawkins Cookers Ltd v Murugan Enterprises 2008 (36) PTC 290 (del) * Entertainment Network (India) Limited v Super...
Words: 6824 - Pages: 28
...A “Calibrated Approach”: Pharmaceutical FDI and the Evolution of Indian Patent Law Web version: August 2007 Authors: Katherine Connor Linton and Nicholas Corrado1 Abstract India has charted its own intellectual property (IP) path over the last 35 years, attempting to foster the growth of a domestic pharmaceutical industry and access to medicine while, more recently, also addressing the requirements of the international IP regime. Multinational companies (MNCs) have responded to India’s movement towards compliance with the W TO intellectual property agreement, TRIPS, by increasing the quantity and quality of foreign direct investment (FDI) in the areas of pharmaceutical research and development (R&D) and manufacturing. By contrast, MNCs have adopted a more cautious attitude toward the patenting and commercialization of new pharmaceutical products in India, waiting to see how Indian courts and patent offices interpret the new laws, and awaiting the enactment of longdebated data protection legislation. The ultimate success of the Indian “calibrated approach” to fostering the domestic industry and access to medicine while also addressing international IP requirements remains to be seen. 1 Katherine Connor Linton (katherine.linton@usitc.gov) is the International Trade Analyst for Intellectual Property and Nicholas Corrado was a law student intern in the Office of Industries of the U.S. International Trade Commission (USITC). The views expressed are those of Ms. Linton and...
Words: 6873 - Pages: 28
...Political: Corruption India is ranked 85th out of 175 countries (China is ranked 100th) which is an improvement of 2 places compared to 2010 where India was ranked 87th. The new Modi government has also vowed to clamp down on corruption which will definitely improve rankings. (e.V., 2015) Policies encourage manufacturing especially automobiles Under the Modi government, the Make in India initiative was launched in September 2015 to promote manufacturing in India. This initiative introduced new tax cuts, streamlined administrative processes and liberalised FDI. (Makeinindia.com, n.d.) * Streamlined regulations (easier to do business) * Manufacturing and imports in this sector are exempt from licensing and approvals. * Unified online portal for: * Registration of Labour Identification Number (LIN) * Submission of returns * Grievance redressal * Combined returns under 8 labour laws * Online portals: * Real-time registration * Payments through 56 accredited banks * Online application process for environmental and forest clearances * 14 government services delivered via eBiz, a single-window online portal * Investor Facilitation Cell established * Dedicated Japan+ Cell established * Consent to Establish/NOC no longer required for new electricity connections * Documents reduced from 7 to 3 for exports and imports * Option...
Words: 2161 - Pages: 9
...Intellectual Property Rights Vol 18, September 2013, pp 457-464 Piracy in the Internet Age Nikita Hemmige† ILS Law College, Law College Rd, Pune 411 004, India Received 17 December 2012, revised 12 August 2013 The Internet has created boundary-less territories and has helped in evolving a unique method to share and transfer information, growth of e-commerce and in creating a global platform for all nations and its citizens. Online piracy is a major flipside to this development. Rampant intellectual property (IP) infringements by way of unlawful reproduction and unmonitored downloads is a matter of concern. It is significant to take note of the laws that various countries have enacted and enforced in order to curb or at least regulate online piracy and related activities. Further, though the Copyright Act, 1957 and Information Technology Act, 2000 in India deal with certain facets of piracy, they do not conclusively deal with this menace. It is the need of the hour for India to draft and enforce laws which will address the current problem and also take into consideration the technological advancements that are likely to give rise to more of such complex issues. Formulating such a law in the near future will be a welcome change and will definitely give India the IP advantage. Keywords: Online piracy, copyright infringement, jurisdictional barriers, Internet laws, intellectual property The Internet has become the first port of call for anyone in search of information...
Words: 6024 - Pages: 25
...[pic] Assignment on Intellectual Property Comparison Between Developed And Developing Country. Submitted to Fahmida Hasan Department of Business Administration Submitted by |Name |ID | |Rajib Kundu |2010-2-10-329 | |Rakib Hasan Rabbi |2010-2-10-300 | |Razuan Ahmed |2010-2-10-071 | |Almahmud |2010-2-10-048 | |Showrav hasin |2010-2-10-074 | |S M Mostafizur Rahman |2010-1-10-092 | Section : 1 Course No : BUS 361 Course Name: Transmittal Letter April 4,2013 Fahmida hasan Department of Business Administration, East West University Subject: Submission of an assignment on comparison...
Words: 6900 - Pages: 28
...FOREIGN TRADE UNIVERSITY HCMC ---------***-------- MIDTERM PROJECT SUBJECT: INTELLECTUAL PROPERTY RIGHTS Major: External Economics IP AND THE PROMOTION OF BIODIVERSITY AND TRADITIONAL KNOWLEDGE AND BENEFIT SHARING WITH PROVIDERS COMMUNITIES Class: K53CLC3 – Group 6 Lecturer: Pham Thi Mai Khanh Ho Chi Minh City, February 2016 I GROUP MEMBERS No 1 2 3 4 5 6 Name Khúc Thị Kiều Thương Phạm Mỹ Tiên Trương Thủy Tiên Nguyễn Hoàng Minh Trâm Lương Gia Vĩ Ngô Nhật Vy ID 1401025125 1401025128 1401025129 1401025133 1401025159 1401025162 II TABLE OF CONTENTS INTRODUCTION ............................................................................................................................. 1 A. BACKGROUND ........................................................................................................................... 2 I. Overview of Intellectual Property ............................................................................................... 2 II. Overvew of Biodiversity ............................................................................................................ 2 III. Overview of Traditional Knowledge ....................................................................................... 4 B. CURRENT SCENERIO ................................................................................................................. 5 I. Intellectual Property in Today World ..........................
Words: 6765 - Pages: 28
...[pic] Assignment on Intellectual Property Comparison Between Developed And Developing Countries. Submitted to Fahmida Hasan Senior Lecturer Department of Business Administration Submitted by |Name |ID | |Rajib Kundu |2010-2-10-329 | |Rakib Hasan Rabbi |2010-2-10-300 | |Razuan Ahmed |2010-2-10-071 | |Almahmud |2010-2-10-048 | |Showrav hasin |2010-2-10-074 | |S M Mostafizur Rahman |2010-1-10-092 | Section : 1 Course No : BUS 361 Course Name: Legal Environment of Business Transmittal Letter April 4,2013 Fahmida Hasan Senior Lecturer Department of Business Administration, East West University ...
Words: 8135 - Pages: 33
...Abstract The IPR protects your innovations and ideas related rights and from infringement by others and restricts its uses, making and selling without your permissions. This paper aims to explore the significance of intellectual property rights and to know the procedure to obtain patents in India. For that, the data and information is collected from news papers, articles, magazines, internet websites, and expert interviews. Protecting intellectual property with patents provides the exclusive rights by law to the assignees or originator to make use of and exploit their inventions. The invention which meets the novelty, non-obviousness, usefulness in the industry, enabled etc criteria’s as per Indian patent act and fulfilling patentable criteria’s...
Words: 742 - Pages: 3
...The Mumbai Police (also known as Brihanmumbai Police) is the police force of the city of Mumbai, India. It has the primary responsibilities of law enforcement and investigation within the limits of Mumbai. The department's motto is "Sadrakṣaṇāya Khalanigrahaṇāya" (Sanskrit: सद्रक्षणाय खलनिग्रहणाय, "To protect the good and to punish the evil"). Although considered one of the best police forces in the world for solving high profile, high stakes crimes, Mumbai police is also thought to be influenced by local politicians. It is headed by the Commissioner of Mumbai Police, who is generally an Indian Police Service (IPS) officer. The current commissioner is Arup Patnaik. Mumbai Police Has total 89 Police Stations in its Jurisdiction. For Administrative purpose Mumbai police is divided in to 12 Zones and one additional Port Zone. Police stations under Port Zone keep vigil on the Mumbai Port. Each Zone contains 3 to 4 Police Stations. Broadly Mumbai police is divided in to five regions namely Central, North, South, East and West. Each Region having 3 to 4 Zones. The in charge of each zone is a DCP. And In charge of Police station is Police Inspector commonly known as Sr. Police Inspector which is an honorary designation. Ranks of Mumbai Police Rank | Abbreviation | Strength | Commissioner of Police | C.P | 1 | Joint Commissioner of Police | Jt.CP | 5 | Additional Commissioner of Police | Addl. CP | 12 | Deputy Commissioner of Police | DCP | 38 | Additional Deputy...
Words: 653 - Pages: 3
...Countries Intellectual Property and Developing Countries The World Intellectual Property Organization (WIPO) describes Intellectual property (IP) as creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. Because Intellectual property is not physical, it poses some difficulty when trying to establish and enforce laws to protect it. The most common ways of protecting Intellectual property are done through patents, trademark and copyrights. Patents and trademark laws protect inventions, trademarks industrial designs, and geographic indications of source (i.e. symbols that specifically distinguish the source of goods); and copyright laws cover literary works, choreography, novels, paintings and architectural designs. Although it is a somewhat controversial issue, I have found that it is very necessary for developing countries to have customized intellectual property laws. These laws will aid in efficiently accessing and sharing of research and technological information, increased innovation, and present a more enticing environment for Foreign Domestic Investments (FDI). Although greatly debated, in the biotechnology and the pharmaceutical industry, strong intellectual property rights are very important and can literally save lives. In China alone stronger IPR laws that prevent counterfeiting could save as many an astronomical number of lives each year. The World Health Organization (WHO defines counterfeit medicines...
Words: 938 - Pages: 4
...Business Law The Copyright Act As a part of Intellectual Property Rights (With Relevant Provisions to WTO) INDEX Introduction............................................................................................................................04 Introduction to Intellectual property Rights...........................…............................04 Industrial Property.........................................................................................04 Artistic and Literary Property.....................................................................05 Nature of Intellectual Property Rights........................................................05 Introduction to TRIPS………………………...........................................................06 Berne Convention...........................................................................................08 Introduction to WIPO………………………………………………………..……..09 Introduction to The Copy Right Act………………………………………………10 Meaning of Copyright……………………………………………........................................11 Terminologies of Copyright…………………………….......................................................12 Registration of Copyright………..........................................................................................13 Correction of entries in the Register of Copyrights………………………...…….14 Rectification of Register by Copyright Board……………….................................15 Duration of Copyright………………………......................
Words: 16139 - Pages: 65
...------------------------------------------------- TABLE OF CONTENT 1. Intellectual Property (IP) – An Overview 2 2. Intellectual Property Rights And Protection Benefits 3 3. Intellectual Property Categories 4 3.1. Industrial Property 4 3.2. Copyright 7 4. Brief History of IP Law in Malaysia 8 4.1. Intellectual Property Issues In Malaysia 9 5. Business Responsibility in Intellectual Property 11 5.1. IP Help to Keep Your Ideas 12 5.2. IP Protects Business Growth 12 5.3. It’s Easier Than You Think 12 5.4. IP associated with a business 13 6. Positive Impacts of IP on Business Development and Growth 13 7. Negative Impacts of IP on Business Development and Growth 14 8. Benefiting from Intellectual Property Rights 16 9. Conclusions 16 Reference Intellectual Property (IP) – An Overview In general terms, intellectual property is any product of the human intellect that the law protects from unauthorized use by others. The ownership of intellectual property inherently creates a limited monopoly in the protected property. The products of the human intellect that comprise the subject matter of intellectual property are typically characterized as non-rivalrous public goods. Essentially, this means that the same product may be used simultaneously by more than one person without diminishing the availability of that product for use by others. In the words of Thomas Jefferson: "If nature has made any one thing less susceptible than all others of exclusive...
Words: 5933 - Pages: 24
...Competition Law and Intellectual Property Rights with Special Reference to the TRIPS Agreement Research Paper for the Competition Commission of India February-March 2010 Eashan Ghosh V Year, B.A. LL.B. (Hons.) National Law School of India University, Bangalore TABLE OF CONTENTS §1 THE IPR AND COMPETITION LAW INTERFACE_____2 §2 TYPES OF RESTRAINTS_____3 §3 COMPETITION LAW REGULATION OF IPRs ACROSS JURSIDICTIONS_____4 §3.1 Europe_____4 §3.2 US_____4 §3.3 Other Jurisdictions_____5 §4 THE TRIPS AGREEMENT_____5 §4.1 Article 7_____6 §4.2 Article 8.2 _____7 §4.3 Article 40_____7 §4.4 Article 6_____10 §4.5 Article 31_____11 §5 WHAT STANCE SHOULD DEVELOPING COUNTRIES TAKE?_____12 §6 ADDRESSING THE IPR AND COMPETITION LAW INTERFACE IN INDIA_____14 §6.1 Through Domestic Legislation_____14 §6.2 At International Fora_____15 §7 ENDNOTES_____17 BIBLIOGRAPHY_____29 Primary Sources_____29 Secondary Sources_____32 1 §1 THE IPR AND COMPETITION LAW INTERFACE The simple hallmark of competition law is the protection of those principles and practices which enable the efficient functioning of markets.1 A natural concomitant to this objective is making certain that incumbent enterprises do not engage in anticompetitive practices to the detriment of the market.2 However, the application of competition law standards—in terms of practices that should be banned outright, viewed as potentially anticompetitive or should be investigated further—varies widely across jurisdictions.3 The interaction...
Words: 16676 - Pages: 67
...Brazil: Leading the BRICs? Brazil has experienced great integration into the global economy over the past decade, which has been a result of significant growth in exports and reinforcement of the country’s weight in international trade negotiations. Brazil is the third strongest economy of the BRIC group (Brazil, Russia, India and China) and is the leading economic power of the South America. Brazil’s president (Cardoso) initiated accession to the World Trade Organization (WTO) in the mid-1990s. Brazil plays an active role within the WTO and a constructive role in the development of economic and trade associations. The accession of Brazil to WTO, its success in the organization and its important leadership position in the Group of Twenty, made it play a major role in the multilateral trade negotiations. Its position in favor of the Doha round brought about the realization of ambitions for development. Brazil’s actions in the World Trade Organization definitely serve the country’s long-term economic goals. The bilateral and regional trade agreements, promoted by Brazil, can complement the multilateral system by reinforcing the integration of the markets and strengthening the role of trade in economic growth. This is why Brazil should work through another round of WTO sponsored agreements. The WTO cotton dispute between Brazil and the United States reveals how some countries may strangle others by their strategic trade policy. It also shows the importance of Brazil’s...
Words: 732 - Pages: 3
