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Home > LAWYERS > Intellectual Property Law > 1st Indian Edition, 2005 |
In this age of global trade, Intellectual Property Rights (IPRs) have increasingly become a significant element of the economic policy of both the developed and the developing countries. The laws relating to IPRs are still in their nascent stage and full of loopholes and dichotomy. On the other hand, the advent of newer technologies has necessitated the existence of well-defined and efficient laws relating to IPRs. For example, free and ready access to material via Internet and other digital resources has threatened the copyrights of publishers, computer programmers and those into record and film production. Similar issues exist in the field of laws relating to trademark and patent rights.
In this book, the author has analyzed the subject in its entirety dealing with the above issues in a comprehensive manner. He has emphasized on the need to update the existing laws and introduce newer ones to match the fast pace of the evolving technology. The book contains numerous references to controversial cases in the western world and thus could prove handy for lawyers while dealing with similar cases in the Indian context. A must read for lawyers, judges, Law students and all those who want to protect their right to intellectual property.
Table of Legislation
'Intellectual Property' 1 'Inventing' 5 Patents: Basic Elements 7 Medical Patents 10 Exclusive Rights to Explore 14 Biotechnology and Genetics 15 Genetics and Patent Theory 16 Contribution to Advances in Genetic Medicine 21 Towards Medical Applications 23 Compulsory Licensing and Crown Use 24 Rules of Competition 26 Inhabitions on Research, as Distinct from Commercialization 28 Who determines Patents Policy 33 Second-tier Protection: Petty Patents and Database Rights 36
Copyright and Patents 42 An Asset for Authors ? 43 Digitized Works: the Threat 50 Installing Copyright Discipline: the Conquest of Napster 51 Answers within the Technology 54 Legitimate Material 56 Unlicensed Provision of Copyright Material: Substantial Taking, Exceptions, and Limitations 60 Will Copyright become Irrelevant 66 Copyright as a Protective Wrapper 70
Trademark Registers 74 Rights Dependent on Trading 76 The Merits of Branding 80 Registration as a Fetter for Others 83 Proportional Geometry 86 Functions : What Should be Protected and Why 89 What does Function Analysis Achieve 91 Investment and Advertising as 'Functions' 96 When to Draw the Line 101 Trade Reputation and Registration 105 Cumulation and Convergence 110
Index 115
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