PREFACE

The Centre for Intellectual Property Rights and Technology, established in 2018, has attempted to promote scholarship in intellectual property laws since its inception. The DSNLU Journal of Science, Technology & Law published by the Centre, is a peer-reviewed, double blind and open access journal, with this first issue discussing some seminal themes of contemporary relevance. The issue explores a wide spectrum of thoughts and through its varied articulations attempts to open up dialogues in diverse domains of application of intellectual property laws.

Prof. (Dr.) V. Vijaya Lakshmi in her article titled “Copyright Ownership and Rights Management of Literary Works under the Copyright Amendment Act 2012” has presented special cases relating to ownership of copyright like joint works, derivative works, digitization of works etc. She opined that The Copyright (Amendment) Act, 2012 made certain amendments to the Copyright Act, 1957 to address certain newer issues that have emerged in the context of digital technologies and the Internet.

Priya Anuragini’sarticle is based on the premise that Geneva Surrender epitomizes a fustian bargain by India for India bartered its sovereign prerogative in Intellectual Property (IP) law making in return for market access. Finally, the author argues that the bargain continues to this day as the country hardly relies on the flexibilities in the TRIPS amidst U.S. demands of providing TRIPS-plus protection.

Sonal Singh’sarticle aims to clarify the relevant provisions of TRIPS Agreement regarding submission of test data for market approval of drugs. The author has also discussed the Indian law in this regard to clarify the position of India.

Abhishek Rana &Niyati Patwardhan argued the need for inclusion of these intellectual property rights in the Indian Constitution in their article.  They also emphasized that countries like the United States of America have already incorporated intellectual property rights in their Constitution, making it a constitutional right and just not a legal right. In this note, the authors notice how intellectual property has changed the sphere of technology and how it affects the growth of a nation.

Lipsa Dash &Parimita Dashexplored the intellectual property right issue involved in the facial recognition devices and data bases. They also highlighted that a facial recognition device has connected bio sensors generating billions as being an IP asset for the companies. Similarly, the technology behind this is evolving with providing more accuracy to detect and hence the IP market is constantly in competition.

The article titled Legal Implications of a Meme in India and USA by Khushboo Sonielucidates the legal implications of creating and sharing memes under copyright, trademark laws and the right to publicity or personality rights in India and the United States. The article highlights various gaps in the laws surrounding memes. It emphasizes on excessive dependence on judges in the determination of the validity of a meme. It also enunciates the significance of memes as a method of communication and political dissent and the need for the legal system to develop with current cultural and technological advances.

Revanth Ashok & Gautam Wadhwa authored an article entitled Saaho’s Inspiration from Pulse and Bloom examines the far-reaching effects of the use of protected works in “Cinemas”, and more precisely, it investigates the recent controversy of the use of an art-work titled “Pulse and Bloom” in the big-budget Indian cinematographic work titled “Saaho.” The authors delineate the working of the Indian Copyright Law and the significant role played by the courts in interpreting and curbing the menace of unauthorized use. The article also delves into the foreign jurisprudence to discover how the foreign courts construe indiscriminate use of a work in broadcasts.

Shakshi Kothari & Aditya Pratap Singh analysed the varied nature of protection given to the medical methods in different jurisdiction and also role of the provision of TRIPS agreement in determining the nature and scope of its protection. The article also discusses that whether the Article 27 of the TRIPS agreement is flexible enough to allow its member states to exclude the protection based on the ground of order public and morality according to the suitability of their local customs and needs.

Sourish Roy highlighted the nuances of trade mark law in India and China. Indian law in this regard largely hinges on to the “Trans-border Reputation” principle. While in India “use-based” trademark framework is pursued, this implies the trademark directly in India is viewed as obtained by first document premise however on account of Well-known trademark once earlier use is demonstrated its entitlement to utilize the imprint goes before from that of the candidate.

Samhitha Sharath explained that India has chosen to extend the Geographical Indication tag only to goods and not services during her discussion she presented her view by discussing the position of other countries who have extended the Geographical Indication tag to services as well, further she argues that India must provide the GI tag to services as well and by doing so, provide the tag for Ayurvedic practices in India. The author has taken the example of the Ayurvedic practices in Kerala to better put forth the arguments made herein.

KunikeKhera presented her view on the current developments in the ‘Mission to Mars’ along with how the various Intellectual Property laws and policies can play a significant role in its triumph. The research work discusses how various IP mechanisms such as crowd funding and brand funding can be utilised to facilitate the Mars-colonisation project. The author has also attempted to incorporate the game theory in understanding the effectiveness of sharing trade secrets, among government space agencies around the world, for ensuring greater success rates of attempts at Mars exploration and settlement. The research contemplates usage of intellectual property not just to reach the planet; but also, to aid and assist in the settlement and future sustenance of life there.

Sukanya Mukherjee speaks about the various legal issues in relation to Intellectual Property and sports which are likely to be unforeseen, further she described thecompetition growing out of the commercialisation of the sports industry and the various IP disputes which can arise out of this arena.

Ata Hasan presented a case commentary relating to Suzuki Motor v Suzuki (India) Ltd judgment which deals with well-known trademark.

Ritika Ranka and JissAlphonsa Joy has presented their view on registration of hashtags as trademarks by the World Intellectual Property Organisation (WIPO) and also discussed about Indian IPR regime relating to hashtags.

Ayan Sainidiscussed the uncertainty as to whether artificial intelligence will be capable of getting patents if it produces something new and unique on its own, she also   addressed what would be the grounds on which artificial intelligence can be denied a patent right if it acquires citizenship of a country and stands at equal footing as humans with respect to constitutional rights.

Nishant Mohanty discussed a comparative analysis of patentability of medical methods in the countries which are allowing said patentability and the countries whom are prohibiting said patentability and their reasoning thereof along with the impact of patents on the medical profession shall also be discussed in detail.  He opined that lack of judicial interpretation regarding the subject matter of patentability medical a procedure is a factor for not granting the patentability of medical procedures.

 

Date: 18-10-2021
Prof. Dr. P. Sree Sudha,
Chair Person, Centre for IPR and Technology,
DamodaramSanjivayya National Law University, Visakhapatnam
STUDENT EDITORIAL BOARD
EDITOR-IN-CHIEF

Shaik Khaja Basha

K Venu Madhav

M.V.I Khadri

S. Akhil

ASSISTANT EDITORS

Shriya Chakka

M. Anulekha

M. Manoj

TECHNICAL TEAM

G. Manish Kumar

Yeshaswini Rao

Sushree Sipra Sahu

Vinay Yerubandi

ARTICLES

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