Volume 6 number 6 november 2001



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Journal of Intellectual Property Rights

VOLUME 6 NUMBER 6 NOVEMBER 2001




CONTENTS

Articles

Traditional Knowledge Database: IPR and Opportunities for R&D 449



Meenakshi Prajneshu and V K Gupta

Patent Amendments in India in the Wake of TRIPS 459



Srividhya Ragavan

Fighting Patent Wars on Bioresources: The Indian Response 472

Utkarsh Ghate

Patents in the Life Sciences 479

Paul Haycock
Databases Protection and Access to Information 487

William Gardner and Joseph Rosenbaum

Literature Review




IPR-General 493

●Intellectual property and the digital technology boomerang ● Intellectual property in the dreamtime – protecting the cultural creativity of indigenous people ● Broad-level indicators for national systems of science and innovation ●Patents and trademarks of selected UK companies ● Intellectual property rights in the new economy

● Intellectual property law ● Manage IP costs with technical disclosures

Patents 495

●Language technologies and patent search and classification ● Marketing patent information services on the Internet ● WIPO patent information services for developing countries ● Valuation of patents ● Methods for using patents in cross-country comparisons ● Using artificial neural networks for mapping of science and technology: application to patents analysis ● A study of citations in equivalent patents ● Using patent statistics as competition indicators in the biotechnology sectors

● Tracing knowledge flows in systems of innovation


Domain Names 500

●What's in a name.com? ● Why domain names are not generic?


Copyright 500


●The public display right ● Copyright implications of website modification technology● British library, copyright and publisher relations ● Profit without copyright ● Electronic reserves: copyright and permissions ● Future of global copyright protection● Moral rights of authors in the age of digital information

● Recent developments in copyright - selected annotated cases ● Debate over sound recordings as works made for hire● Articles from law reviews and copyright periodicals ● Copyright and democracy ● Development of Internet education and the role of copyright law ●Copyright protection of biotechnology works ● Copyright, compulsory licensing and incentives


Software Protection 503

●European patents for software, e-commerce and business model inventions

● Software for parallel computing ● Patent scope and innovation in the software industry

IPR News And Notes

IPR News-General 504

● Derwent launches intellectual property services website ● Intellectual property counter essay contest ● Plant varieties protection and farmers’ rights bill ● Cheap medicines production● Global recognition for indigenous Indian drugs



Patent News 508

●Publication of patent applications● First USPTO patent applications in Derwent World Patent Index ● Patent statistics from Israel ●Taq patent of Roche revoked

● Delphion delivers US patent application data ● Eurasian Patent Organization: the first five years ● Brazil to break AIDS patent ● Biggest generic drug launch ● New Intel licensing pact ● InterTrust expands patent lawsuit against Microsoft ● Exxon charges Unocal Gene transfer technology patent secured ● Innovad Inc sues Microsoft Corporation for infringement ● Stem cell research ● Harrah's Casino sues rival over patent infringement Corning sues France's Highwave Geron rises to 6-month high on patent position Patent offices apply XML ●Oracle acquires company patent Emergency escape ladder patented ● Japanese engineer sues company

● Ranbaxy wins court appeal US court upholds scope of patents ● Edwards’ Lifesciences sues Medtronic in patent case ● Corixa pressing patent case against Idec ● Geneva Pharmaceuticals challenges antibiotic patents ● Basmati patent ● War over BRCA1 patent ● Big Blue’s patent ideas for tech leadership


Copyright and Software Protection 520




SIIA launches new copyright registration service ● Supreme court rules in landmark copyright case Lawsuit seeks to overturn part of DMCA copyright law ● Dixie Chicks trio sues Sony ● Dangers of software patenting ●


Key Patents 522

●US patent for novel therapeutic thymectacin ● Oral formulations of ceftriaxone

● Catnip- mosquitoes repellent ● Oya computerized glider ● Avigen experimental Parkinson's therapy patent ● Therapeutic viruses ● Antex respiratory peptides

● Doorbell turned into an answering machine ●Immunomedics awarded patent for therapy of B-cell malignancies ● Portable GPS receiver ● New composite ● US patent for DNA fingerprinting ● Non-toxic, flame-retardant materials ● Detection of mannose in the body● Patent for metal oxide technique ● Peptide Y ● Process for production of super plastic cast iron patented● Resin- based binders ● Isolating liver progenitor cells


Technical Notes 528

●IPR and economic growth ●Genetics and patenting

Conference Reports 532


National Workshop on the Business and Contractual Dimensions of Acquisition and Transfer of Intellectual Property

Index 536
Journal of Intellectual Property Rights

Vol 6 November 2001pp 449-458


Traditional Knowledge Database: IPR and Opportunities for R&D

Meenakshi Prajneshu


Deshbandhu College, University of Delhi, Kalkaji, New Delhi 110019
and
V K Gupta
National Institute of Science, Technology and Development Studies

Dr K S Krishnan Marg, New Delhi 110012
(Received 25 June 2001)
Intellectual property rights issues have assumed significance in the context of the protection of traditional knowledge. The paper examines the current initiatives in the documentation and setting up of digital databases of traditional knowledge, the issue of conceptual classification of such databases, and suggests integration of the biologists' classification, applications of plant-based inventions, and the classification system practised by the patent offices. Such a classification is expected to serve the requirements of both the R&D scientists and the patent offices. The patenting activity of 46 plants pertaining to the medicinal plants, spices, fruits, vegetables, woods, dyes and fibres have been analysed. R&D directions emerging from the analysis of the patenting activities are indicated.


Journal of Intellectual Property Rights

Vol 6 November 2001pp 459-471

Patent Amendments in India in the Wake of TRIPS
Srividhya Ragavan
Researcher and JSD Student

George Washington University, Washington DC

(Received 20 August 2001)

Paper describes in detail the changes that will be effected in the Indian Patent Act on account of TRIPS. It critically analyzes the first and second patent amendment bills. Appreciating these amendments, papers suggests improvement in many areas, including the training to judges for patents, improving the Patent Rules and improvising the Sections and Rules relating to claims, and the Patent Office and centralizing its functions.


Journal of Intellectual Property Rights

Vol 6 November 2001pp 472-478
Fighting Patent Wars on Bioresources: The Indian Response

Utkarsh Ghate

Foundation for Revitalisation of Local Health Traditions (FRLHT)

50, MSH layout, 2nd Stage, Anand Nagar, Bangalore 560 024

(Received 15 June 2001)

Indian government has piloted three revolutionary legislations to protect the national intellectual property rights (IPR), viz. Patents (second) Amendment Bill, Biological Diversity Bill and Plant Variety Protection and Farmers’ Rights (PVPFR) Act. While necessitated by unfavorable commitments to the world Trade Organization (WTO), these legislations attempt to benefit from the Convention on Biological Diversity (CBD). The pioneering provisions in these legislations include disclosure of source of material and knowledge, and grounds for opposition or revocation based on availability of indicative traditional knowledge. The Biological Diversity legislation would necessitate registration of public knowledge throughout the country, Prior Informed Consent (PIC) of the owners of the resources and knowledge as well as the government, for access to resources contingent to benefit sharing. It also charges government with monitoring and opposing IPR infringements of Indian resources and knowledge. Efforts of several NGOs and the government sponsored National Innovations Foundation (NIF) provide the platform to build the registration and benefit sharing system at the grassroots. Encouraging such measures internationally through the World Intellectual property Organization (WIPO) is advisable.

Journal of Intellectual Property Rights

Vol 6 November 2001pp 479-486

Patents in the Life Sciences


Paul Haycock

Director, Apax Partners & Co and Chairman, BioIndustry Association 2000

(Received 6 August 2001)


The paper discusses the issue of gene patenting, a subject of considerable international public and media attention. Some groups have raised the issue whether it is appropriate to have patents in the field of biotechnology and others support the idea of patenting in principle, but are concerned about the effect of patents on the continuing research efforts and the cost of new medicines and diagnostics. The author further discusses about the importance of patents in biotechnology specifically for small and medium entrepreneurs because they invest substantially in R&D to bring new products to the market. There is also a brief discussion about the European Union Directive, new US patent and trademark guidelines focusing on the utility requirement of the patent statute, on-going ethical reviews and ethical issues. In the end, the author discusses about the supportive approach of BioIndustry Association to the development of biotechnology industry, which promotes research into new knowledge and new benefits for the society.
Journal of Intellectual Property Rights

Vol 6 November 2001pp 4879-492

Databases Protection and Access to Information

William Gardner

Department of Medicine and Psychiatry of the University of Pittsburgh School

of Medicine and American Association for the Advancement of Science (AAAS) (NCLS)

and


Joseph Rosenbaum

Attorney, Pryorst Cashman Shermam & Flynn, LLP
(Received 4 June 2001)
The paper discusses about the advantages and disadvantages of Antipiracy Act. If the Act comes into effect it would give protection to database producers who have invested substantial amount of resources, or efforts to gather, organize or maintain the collection. The Act does not cover government collections of information or computer program for creating or maintaining collection of information. Many databases, which are currently not protected by copyright, would get protection under this Act. There are many disadvantages of this Act also. Although the Act exempts scientific uses of a collection but it does not exempt the fair use of information, which may harm actual or potential market. Another disadvantage is that it could harm science by restricting access to data.

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