This masterful analysis of patent law in India, by two of India's most distinguished jurists, investigates thoroughly the scope of the possible answers to these crucial questions. Recognizing the character of the revolution taking place in patent law globally under the regime of multinational corporations - and India's central role in its development - Dr. Rao and Dr. Manjula Guru's analysis focuses on the patenting of substances arising out of advances in biotechnology, genetically engineered products, and computer-related devices. But they do not neglect the practical details of application, registration, and proceedings as constituted under the amended law; in fact, this book is the most detailed and insightful procedural and practice guide to the subject we have. Topics and areas of practice covered include the following: * patent for new use of a known product; * prescribed form of application; * entry in the Register; * powers of the Controller of Patents; * opposition and revocation proceedings; * addition and restoration of lapsed patents; * defences and reliefs in infringement proceedings; * compulsory licensing; * experimental use; * international arrangements for grants of patents simultaneously by several countries; * anti-competitive practices; and * exclusive marketing rights.
Biotechnology, IPRs and Biodiversity" discusses the background of the signing of the Convention on Biodiversity, examines the various articles of CBD, and provides a detailed analysis on the Cartagena Protocol on Biodiversity while also dealing with the various meetings, discussions and treaties on the subject. Leading to a better understanding on this complex and complicated issue, especially from a developing country's point of view, this volume will serve, equally, students and scholars of international business, law, strategic management as well as lawyers, policy analysts and NGOs.
This well-presented collection with contributions from academics and administrators reflects the growing concern towards the present-day practice of governance. It focuses on the need for Governance for Sustainable Human Development to manage the country's social as well as economic resources leading to better development-founded on four pillars of Accountability, Transparency, Predictability, and Participation. It thus calls for unfolding various issues and devising suitable strategies towards humane governance through appropriate political, bureaucratic, economic, and legal reforms. Highlighting its theme in the initial chapters in the New Public Management perspective, the book goes on to unravel the major administrative loopholes in Indian administration, such as lack of transparency and accountability, and the stranglehold of corruption, all of which lead to human deprivation. Later chapters give a synoptic overview of administrative reforms so far undertaken in India, and emphasize the effectiveness of governance in establishing appropriate balance in relative roles of public, private and civil society organizations, rights and responsibilities of politicians, bureaucrats and community, and economic and social justice. The book closes on a positive note strongly reiterating administrative re-engineering to meet the challenges of the twenty-first century for ensuring a holistic development of the country. Recent and real life happenings infused in the text to substantiate arguments, make it an interesting reading. The book will be of immense use to the students and teachers of public administration, social science, political science, and those who practise public administration. It will also be useful to a large number of government departments-both at the union and the state levels.
This masterful analysis of patent law in India, by two of India's most distinguished jurists, investigates thoroughly the scope of the possible answers to these crucial questions. Recognizing the character of the revolution taking place in patent law globally under the regime of multinational corporations - and India's central role in its development - Dr. Rao and Dr. Manjula Guru's analysis focuses on the patenting of substances arising out of advances in biotechnology, genetically engineered products, and computer-related devices. But they do not neglect the practical details of application, registration, and proceedings as constituted under the amended law; in fact, this book is the most detailed and insightful procedural and practice guide to the subject we have. Topics and areas of practice covered include the following: * patent for new use of a known product; * prescribed form of application; * entry in the Register; * powers of the Controller of Patents; * opposition and revocation proceedings; * addition and restoration of lapsed patents; * defences and reliefs in infringement proceedings; * compulsory licensing; * experimental use; * international arrangements for grants of patents simultaneously by several countries; * anti-competitive practices; and * exclusive marketing rights.
Biotechnology, IPRs and Biodiversity" discusses the background of the signing of the Convention on Biodiversity, examines the various articles of CBD, and provides a detailed analysis on the Cartagena Protocol on Biodiversity while also dealing with the various meetings, discussions and treaties on the subject. Leading to a better understanding on this complex and complicated issue, especially from a developing country's point of view, this volume will serve, equally, students and scholars of international business, law, strategic management as well as lawyers, policy analysts and NGOs.
The ownership of intellectual property is an important concept that very often has international ramifications. This timely book discusses in detail the controversial TRIPS (Trade Related Intellectual Property Rights) Agreement that was a result of the Uruguay Round negotiations. TRIPS aims to strengthen IPRs by checking copying, piracy, illegal imports and other violations. It also seeks better enforcement by strengthening the dispute settlement procedure. While everyone is agreed on the need for protecting IPRs, the areas of disagreement mainly centre around patent protection and the enforcement of rights./-//-/In this comprehensive book, the authors deal with this very topical subject in a simple and easy to follow style. The TRIPS Agreement and its effects are explained in detail with special reference to developing countries. The book also critically examines the provisions of the Agreement article wise as well as the case law on the subject. In addition, the authors have discussed and analyzed numerous pertinent topics that include:/-/- industrial design/-/ - the protection of undisclosed information/-/ - anti-Competitive practices/-/ - indian and other national laws on the subject/-/ - the Doha Declaration and further negotiations on TRIPS
Biotechnology, IPRs and Biodiversity discusses the background of the signing of the Convention on Biodiversity, examines the various articles of CBD, and provides a detailed analysis on the Cartagena Protocol on Biodiversity while also dealing with the various meetings, discussions and treaties on the subject. Leading to a better understanding on this complex and complicated issue, especially from a developing country's point of view, this volume will serve, equally, students and scholars of international business, law, strategic management as well as lawyers, policy analysts and NGOs.
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