“Should there be a single global institution with exclusive competence to conduct international negotiations on intellectual property rights? If so, should this be WIPO, the WTO or some other body?”

INTRODUCTION For harmonising IPRs at international level, providing common forum for negotiation and resolving disputes between members state we need single global institution. Earlier WIPO was the main forum for international negotiations of IPR and then WTO implemented TRIPs agreement came and become main forum replacing WIPO. Both these institutions working method is different, and also their reason of coming to existence. WIPO came into existence because of voluntary participation of member’s state for protecting IPRs by way of multilateral Paris and Bern Conventions mainly and afterwards other conventions under WIPO. And WTO, if be specific TRIPs came into existence... Read More

AK 47 needs Copyright to fire?

Who would imagine that AK 47 might need copyright protection? Yes!! You Read it right!! None other than Mikhail Kalashnikov, the inventor of the AK-47 rifle had threatened India for a copyright violation. Story goes way back in 2000 when, an Indian ordnance factory had developed a replica of the AK-47, and put it on display at a defence expo in New Delhi. The weapon caught the eye of the original designer, Kalashnikov himself. He objected and threatened to file a copyright violation case against the government, forcing plans for an Indian AK-47 to be put on hold. Recently, the... Read More

Recent Change in America Invents Act

Congress passed the America Invents Act that makes major changes to the existing U.S. patent system.  President Obama signed the Act into law on September 16, 2011.  What does this mean for Indian Inventors and Research corporates who already filed Patents already or want to get a new patent file in US? The first impact is that the cost of filing patent application is being increased and the U.S. Patent and Trademark Office (USPTO) fees will increase by 15% in accordance with an interim fee schedule. Benefits for Small scale Industries/Individual Inventors: Well Congress, may be of political pressure, left this... Read More

Patent laws on Genes and Gene Sequences

Advancement in science and genetic application, with enhanced knowledge of Human Genome has been the main focus in the field of medicine and biotechnology areas. Continuous and ongoing researches in genome project, identifying specific target genes and their respective response and functional activities, have evolved genetic therapeutics in treatment of multifactor disorders such as heart disease, diabetic, neurological disorders, muscular dystrophy and so and so forth. Gene patents have been the most debated matter since years. The economic and policy issues surrounding patents on genes, gene sequences, nucleotide sequences, expressed sequence tags (ESTs), single nucleotide polymorphism (SNPs) have posed the... Read More