Intellectual Property Omnipresent, Distracting, Irrelevant

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
                   Inhibitions 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