Journal of Intellectual Property Rights (JIPR) https://or.niscpr.res.in/index.php/JIPR <p style="text-align: justify;">This journal was started in 1996 keeping in view the importance of intellectual property rights and their protection. The objective of the journal is two-fold: firstly, to enhance communication between policy makers, organizational agents, academics, and managers on the critical understanding and research on intellectual property; secondly, to promote the development of the newly cultivated research field. The journal publishes contributed / invited articles, case studies and patent reviews; technical notes on current IPR issues; literature review; world literature on IPR; national and international IPR news, book reviews, and conference reports.</p> <p style="text-align: justify;"><em><strong>Being a Diamond Open Access Journal, we neither levy any article processing charge (APC) to the authors nor subscription charges to the readers.</strong></em></p> <p style="text-align: justify;"> </p> <p style="text-align: justify;"><a title="Instruction to authors- guidelines" href="https://nopr.niscpr.res.in/jinfo/jipr/JIPR-29(1)%20instructions%20to%20authors.pdf" target="_blank" rel="noopener"><em><strong>Instruction to authors- guidelines</strong></em></a></p> en-US jipr@niscpr.res.in (Dr. Kanika Malik) op@niscpr.res.in (Digital Information Resources Division) Thu, 04 Apr 2024 12:15:20 +0530 OJS 3.3.0.13 http://blogs.law.harvard.edu/tech/rss 60 The Unseen Arsenal: IPRs as a Weapon in Armed Conflicts https://or.niscpr.res.in/index.php/JIPR/article/view/2655 <p>Armed conflict is inevitable most of the time between two high-contracting parties. The world has seen two world wars that killed millions of humans and injured many more. Armed conflict in the last few decades has seen a surge of new means and methods of warfare. Various nations are investing money in developing their war preparedness and devising new ways of combating it. It is not uncommon for countries to take advantage of armed conflicts to gain an advantage in various areas, including intellectual property (IP) rights. The world had never imagined that intellectual property rights could be used as an economic weapon during the war and as a countermeasure to economic sanctions and other soft law mechanisms for the implementation of international law. Intellectual property piracy has become a new method of economic sanctions, and many high-contracting parties to the armed conflict are using it during war or will use it in future armed conflicts. The present paper will discuss three major dimensions of IPR and armed conflicts, ie., (i) the role of intellectual property rights during armed conflict; (ii) how countries can use intellectual property rights to impose economic sanctions; and (iii) how intellectual property rights can be used as countermeasures to economic sanctions imposed on any state by other states.</p> Niteesh Kumar Upadhyay, Ankita Upadhyay Copyright (c) 2024 Journal of Intellectual Property Rights (JIPR) https://or.niscpr.res.in/index.php/JIPR/index https://or.niscpr.res.in/index.php/JIPR/article/view/2655 Thu, 04 Apr 2024 00:00:00 +0530 Interplay between IPR and RTI with Special Reference to Patent Law in India: An Unfolding https://or.niscpr.res.in/index.php/JIPR/article/view/5739 <p>Open government, accountability, transparency in administration and the right to information are considered the foundational tenets of democracy. The Right to Information Act, 2005 ensures transparency, accountability and public participation in the governance of the country. Every citizen of India is authorized to seek information under the control of public authorities. The Right to Information Act, 2005 exempt’s information related to IPR from being disclosed with certain exceptions. Although, the Patents Act, 1970 provides an information dispensation mechanism. This paper unfolds the interplay between the information dispensation mechanisms under the Right to Information Act, of 2005 and the Patents Act, 1970. Further, a suitable information dispensation mechanism for patents is identified with the help of doctoral research methodology.</p> geeta, Vanshika Premani Copyright (c) 2024 Journal of Intellectual Property Rights (JIPR) https://or.niscpr.res.in/index.php/JIPR/index https://or.niscpr.res.in/index.php/JIPR/article/view/5739 Thu, 04 Apr 2024 00:00:00 +0530 Navigating the Grey Area: Copyright Implications of AI Generated Content https://or.niscpr.res.in/index.php/JIPR/article/view/1205 <p>Emergence of artificial intelligence (AI) has resulted in an enormous volume of content created by machines. This article explores the copyright implications of AI-generated content and the legal challenges that arise in determining authorship, ownership, and liability. It analyses the current copyright laws and their application to AI-generated content, discusses the challenges in determining authorship and ownership, and investigates how AI-generated content could influence the development of copyright law in the future. The paper also provides examples of legal cases related to AI-generated content and their outcomes. Finally, the paper offers recommendations for dealing with the copyright issues raised by AI-generated content, including the importance of establishing clear copyright guidelines, promoting transparency and accountability in the development of AI technology, and engaging in continued legal and policy dialogues about these concerns.</p> Vishnu S Copyright (c) 2024 Journal of Intellectual Property Rights (JIPR) https://or.niscpr.res.in/index.php/JIPR/index https://or.niscpr.res.in/index.php/JIPR/article/view/1205 Thu, 04 Apr 2024 00:00:00 +0530 Normative Consideration of A2K in the Space between Intellectual Property and Human Rights https://or.niscpr.res.in/index.php/JIPR/article/view/869 <p>In the long-running tensions between Human Rights Law (HRL) and Intellectual Property Rights Law (IPR), the author<br />is introducing the conceptual placement of Access to knowledge (A2K) movements. Access to knowledge (A2K) is the ‘new<br />politics of intellectual property’ that seeks to fundamentally realign and reform intellectual property law. It is difficult to draw a commonality between an activist protesting for waiving patents on HIV+ medicine and Covid-19 vaccines and a subsistence farmer or a software programmer. A2K politics offers a perfect balance of freedom and control that the IP and HR debate are trying to find. This analysis is relevant because it seeks to investigate two conceptions; one is to understand the relevance of the access to knowledge movements in the IPR - Human rights debate. There is no clear discussion wherein normative examination of this kind has been undertaken. Second is, viewing the solutions to human rights issues caused by IP or caused to due scarcity or governance issues, resolved through IP. Although the concept draws from existing debates, it departs on some conceptual level from the available framework on IP and human rights.</p> Mili Joy Baxi Copyright (c) 2024 Journal of Intellectual Property Rights (JIPR) https://or.niscpr.res.in/index.php/JIPR/index https://or.niscpr.res.in/index.php/JIPR/article/view/869 Thu, 04 Apr 2024 00:00:00 +0530 Impact Assessment of NEP and IPR on Institutes of Higher Education https://or.niscpr.res.in/index.php/JIPR/article/view/758 <p>Youth nowadays can be considered as a wonderful reservoir of potential and innovation which is mostly untapped. Their<br />new perspectives, vigour, curiosity, professionalism, and aspiration for a secured and better future are already<br />revolutionising methods and igniting initiatives for innovation and change. Today’s youth is demonstrating the ability to<br />mobilise and spark support for change because they grew up in the internet era. Many people are devoting their energy as<br />well as time in creating cutting-edge technologies and novelties to address the major problems of recent time, such as global<br />warming, education, food security, access to healthcare, unemployment, and other issues. The youth can, however,<br />overcome the challenge of creating a viable firm by knowing how to look after their intellectual property (IP) assets.<br />(i.e., their creations and discoveries), harnessing their value, and increasing influence. The National Education Policy (NEP)<br />2020 focuses on the educational sector's vision for a contemporary India and aspires to meet the quality education target outlined in the United Nations Sustainable Development Goals for Education by 2030. Major changes to higher education have been made as a result of the NEP 2020, which are in line with the need to offer "inclusive and equitable quality education and promoting lifelong learning opportunities for all" (SDG 4), crucial to manage the demands of employment and bringing about a collective systemic change. It is crucial that the next generation understand how integral intellectual property is to their vision as they get ready to enter the workforce. In this regard, this paper examines how NEP affects higher education institutions (HEIs), how IPR fits into NEP, and how the New Education Policy and IPR policy together might cause a paradigmatic change in the current higher education system.</p> Meghna Aggarwal, Pramod Kumar, Seema Gupta, Ruby Mishra Copyright (c) 2024 Journal of Intellectual Property Rights (JIPR) https://or.niscpr.res.in/index.php/JIPR/index https://or.niscpr.res.in/index.php/JIPR/article/view/758 Thu, 04 Apr 2024 00:00:00 +0530 Intellectual Properties Derived in Space Exploration: Issues and Scopes https://or.niscpr.res.in/index.php/JIPR/article/view/61 <p>Intellectual Property Rights (IPRs) encourage creators by providing legal protection to their creations and by giving<br />scope to make monetary profit. Even though most of the human endeavours and creative fields have recently fallen under<br />the purview of intellectual property rights, space exploration, a significant area of human exploration, remains in direct<br />conflict with IPR regulations. The lack of a legal IP regime for developed space technologies hardly encourages investors to invest the required large sums in such endeavors. It is acknowledged that the Space Treaty of 1967 places limitations on the creation of territorial intellectual property laws for space exploration; nonetheless, agreements like the Convention on the High Seas-1958 and the Registration Convention-1975 provide some avenues for achieving this.The paper examines the current state of space intellectual property regulations and puts forward some propositions on how this issue can be resolved. The paper also engages a study on India’s response for adopting a Space IP Bill and highlights how this bill ignores about the IP rights of space agencies and other private investors while adhering to the Space Treaty's regulations and prioritizing national security concerns.</p> Koushik Saikia, Pritam Deb Copyright (c) 2024 Journal of Intellectual Property Rights (JIPR) https://or.niscpr.res.in/index.php/JIPR/index https://or.niscpr.res.in/index.php/JIPR/article/view/61 Thu, 04 Apr 2024 00:00:00 +0530 Impact of TKDL on Patent Applications in the Field of Bio-resources and the Associated TK https://or.niscpr.res.in/index.php/JIPR/article/view/3373 <p>After the incidents of bio-piracy and bio-patenting of Indian bio-resources and the associated traditional knowledge,<br />India has successfully initiated an institutional mechanism named Traditional Knowledge Digital Library (TKDL). Such<br />Traditional Knowledge (TK) databases help to establish prior-art and therefore disprove patentability, protect the county’s TK from wrong patenting. As being codified in such a way, the database enables timely and economically establishing non-patentability of inventions based on biological TK. India as a country has become the first in the world to have such a tool. TKDL is an open prior art model to keep a check against bio-piracy. Here in this work, India’s TKDL impacts on patent applications in the field of traditional knowledge associated with bio-resources have been evaluated. TKDL has around 34 million pages that include 2.90 million compositions of the diverse medicine system of India. Thepaper discloses various remarkable particulars associated to bio-piracy, bio-prospecting, and how TKDL is acting as a protecting shield against them, thus showing effectiveness of the TKDL with the help of discussed case studies.</p> Pankaj Kumar, Ameeta Sharma Copyright (c) 2023 Journal of Intellectual Property Rights (JIPR) https://or.niscpr.res.in/index.php/JIPR/index https://or.niscpr.res.in/index.php/JIPR/article/view/3373 Thu, 04 Apr 2024 00:00:00 +0530 Climate-friendly Innovations for Plant Varieties in India https://or.niscpr.res.in/index.php/JIPR/article/view/998 <p>Innovation in agriculture and plant varieties is essential to serve the needs of the increasing population, maintain food<br />security, and adhere to the principles laid down in international conventions. However, innovation in all areas including<br />agriculture should be wary of its impact on the environment. Section 29 of the Protection of Plant Varieties and Farmers<br />Rights Act, 2001 stipulates that a plant variety causing serious harm to the environment is incapable of registration. Nevertheless, the primary criteria for gaining registration is proof of the variety being distinct, uniform and novel. Farmers’ plant varieties lack uniformity, which paves the way for commercial breeders to gain registration. Undoubtedly, the varieties developed by commercial breeders generate higher yields. However, the same does not conform to local ecological demands and iseven less nutritious when compared to the varieties developed by the farmers. Thus, there are several consequences of permitting commercial plant varieties to take over the farmers’ plant varieties. This paper is an attempt to highlight the need for agricultural innovations to be ecologically friendly thereby, leading to a movement towards safe technology. It will also advocate for an alteration in Section 29 of the Act to make it mandatory for registration of a new plant variety.</p> Vijay K Tyagi, Priya Kumari Copyright (c) 2024 Journal of Intellectual Property Rights (JIPR) https://or.niscpr.res.in/index.php/JIPR/index https://or.niscpr.res.in/index.php/JIPR/article/view/998 Thu, 04 Apr 2024 00:00:00 +0530