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The Data Exclusivity Debate In India: Time For A Rethink?, Prashant Reddy T. Sep 2022

The Data Exclusivity Debate In India: Time For A Rethink?, Prashant Reddy T.

Indian Journal of Law and Technology

Data exclusivity or regulatory marketing exclusivity is a concept that has been subject to much debate in the Indian context – with specific reference to the Indian pharmaceutical and agro-chemical industries. This debate has been carried on in the backdrop of obligations under the TRIPS as well as the Indo-EU Free Trade Agreement. In this paper, the author discusses the concept of data exclusivity in the light of the existing regulatory regime for pharmaceuticals and agro-chemicals in India. He also examines various Committee reports to glean the Indian stance on data exclusivity for agro-chemicals as well as pharmaceuticals and the …


Of Bollywood Songs, Film Producers And Collecting Societies: Locating The Rights Of The Composers, Poorna Mysoor Sep 2022

Of Bollywood Songs, Film Producers And Collecting Societies: Locating The Rights Of The Composers, Poorna Mysoor

Indian Journal of Law and Technology

Bollywood films are known for their songs, and in many cases Bollywood films are known because of the songs. It is not merely in Bollywood films that songs have a significant role, but also in the lives of myriad composers, lyricists, singers and so on, lending an opportunity for their creative expression in addition to serving as a means of livelihood. Ideally, it should be possible for composers to be able to earn an income by composing music for films, as well as by being a member of a collecting society in such a way as to maximize their returns. …


Renewable Energy And The Wto: The Limits Of Government Intervention, James J. Nedumpara Sep 2022

Renewable Energy And The Wto: The Limits Of Government Intervention, James J. Nedumpara

Indian Journal of Law and Technology

This paper examines the role of the government in designing and supporting renewable energy programs and the compatibility of such interventions with various covered agreements of the World Trade Organisation (‘WTO’). The WTO treaty does not provide a special framework for renewable energy and a number of programs are susceptible to WTO challenges and domestic trade contingency measures. Of particular interest to developing countries such as India will be the availability of necessary policy space in fostering various renewable energy programs. This paper discusses the current treaty provisions of the WTO, especially the Agreement on Subsidies and Countervailing Measures (‘SCM …


Rethinking Online Intermediary Liability: In Search Of The 'Baby Bear' Approach, Gavin Sutter Sep 2022

Rethinking Online Intermediary Liability: In Search Of The 'Baby Bear' Approach, Gavin Sutter

Indian Journal of Law and Technology

This paper examines various national approaches to the regulation of online content. Its particular focus is on the treatment and liability of the intermediary service provider in the context of data provided by third parties. It does this through a survey of the issues involved in the provision of unacceptable content, basing on this even its assessment of why the intermediary should have an appropriate role in the first place. It then moves on to how content can be regulated at this point. The argument this paper makes is that a case-specific approach offers probably the optimum solution; being not …


Limitations And Exceptions In The Digital Era, William Patry Sep 2022

Limitations And Exceptions In The Digital Era, William Patry

Indian Journal of Law and Technology

Ideological polarization has hijacked copyright debates, drowning out the question: how do we get our copyright laws to do what we want them to do? The term “limitations and exceptions” assumes that the ability to control all unauthorized uses is the norm. This special comment asserts that private rights should never trump public interest, and that our copyright laws must reflect this principle. Copyright law must be grounded in current technological and market conditions in order to accomplish its lofty objectives. Even as changes wrought by digital technology are at the core of most debates over copyright, there is a …


Sui Generis Protection For Plant Varieties And Traditional Knowledge In Biodiversity And Agriculture: The International Framework And National Approaches In The Philippines And India, Christoph Antons Sep 2022

Sui Generis Protection For Plant Varieties And Traditional Knowledge In Biodiversity And Agriculture: The International Framework And National Approaches In The Philippines And India, Christoph Antons

Indian Journal of Law and Technology

The so-called ‘biotechnology clause’ of Article 27.3(b) of the WTO-TRIPS Agreement requires from member states protection for plant varieties either via the patent system or via an ‘effective sui generis system’ or by a combination of the two. Many developing countries prefer forms of sui generis protection, which allow them to include exceptions and protection measures for traditional agricultural practices and the traditional knowledge of farmers and local communities. However, ‘traditional knowledge’ remains a vaguely defined term. Its extension to biodiversity has brought a diffusion of the previously clearer link between protected subject matter, intellectual property and potential beneficiaries. The …


Jurisdictional Issues In Cyberspace, Justice S. Muralidhar Sep 2022

Jurisdictional Issues In Cyberspace, Justice S. Muralidhar

Indian Journal of Law and Technology

With the advent of the internet and the transmission of information and transacting of business across borders, a host of issues have cropped up on the legal front. This article proposes to deal with only one such major issue – that of jurisdiction of the courts to deal with intellectual property rights (IPR) disputes arising out of commercial transactions on the internet. Within the fairly broad field of IPR, the focus will be on trademark disputes, as that is one area where the major developments have taken place.


Saving The Internet, Jonathan Zittrain Sep 2022

Saving The Internet, Jonathan Zittrain

Indian Journal of Law and Technology

The runaway successes of the Internet and PC with the mainstream public have put them in positions of significant stress and danger. Though the Internet’s lack of centralized structure makes it difficult to assess the sturdiness of its foundations, there are strong signals that our network and computers are subject to abuse in ways that have become deeper and more prevalent as their popularity has grown.


Data Exclusivity With Regard To Clinical Data, Animesh Sharma Sep 2022

Data Exclusivity With Regard To Clinical Data, Animesh Sharma

Indian Journal of Law and Technology

Intellectual property rights have evolved over the years with the intention of protecting novelty and innovation of ideas while creating a competitive market, at both a local and global level. The strongest tools to achieve this end have arguably been patents – protecting inventions that are novel, non-obvious and demonstrate utility. Most countries give a protection term of twenty years from the date of filing a valid submission. In the field of pharmaceuticals, foods and agrochemicals, marketing of products requires statutory clearances from the appropriate national regulatory bodies, in order to ensure that the products satisfy certain minimum criteria of …


Intellectual Property Rights And The Public Domain In The New World Order, John Frow Sep 2022

Intellectual Property Rights And The Public Domain In The New World Order, John Frow

Indian Journal of Law and Technology

The proprietary system of intellectual property rights introduced by the TRIPS regime is premised on Western, neo-liberal notions of the nature of property. This article first highlights a number of recent changes in the global organisation of intellectual property rights. These changes indicate the international convergence of intellectual property law. The repercussions of the TRIPS regime on pharmaceuticals, agriculture, and genetic research are then examined. Finally, it stresses the importance of the idea of “common heritage” as a better way of thinking about the public domain.


Technology, Law, Freedom And Development, Yochai Benkler Sep 2022

Technology, Law, Freedom And Development, Yochai Benkler

Indian Journal of Law and Technology

Technology interacts with social, economic and legal frameworks to set the basic ‘affordances’ and constraints of human action over time. While biotechnology and nanotechnology may portend significant upheavals in the future, the most significant present transformation revolves around computers and the emergence of the networked information economy. These new technological and economic conditions are creating new forms of production and new forms of social behaviour that are fundamentally altering the way we know the world, how we learn about how the world is and how we can make it become. It is important that we study this transformation and understand …


Board Of Pharmacy, Sarah Dahm, Steven Funk, Karen Thomas Stefano Sep 2022

Board Of Pharmacy, Sarah Dahm, Steven Funk, Karen Thomas Stefano

California Regulatory Law Reporter

No abstract provided.


Veterinary Medical Board, Stella Gerson, Karen Thomas Stefano Sep 2022

Veterinary Medical Board, Stella Gerson, Karen Thomas Stefano

California Regulatory Law Reporter

No abstract provided.


Patenting Human Genes: Wherein Lies The Balance Between Private Rights And Public Access In India And The United States?, Elizabeth Siew-Kuan Ng Sep 2022

Patenting Human Genes: Wherein Lies The Balance Between Private Rights And Public Access In India And The United States?, Elizabeth Siew-Kuan Ng

Indian Journal of Law and Technology

This article examines the patentability of human genes by evaluating where the balance should lie between the protection of private rights and public access for the promotion of further innovation and public health. The author investigates this issue by providing a comparative study on the approaches adopted in India and the United States – two highly divergent nations that offer unique contrasts in a comparative analysis of their patent regimes. The outcome of the appraisal discerns a potential convergence in the Indian and US approaches on certain aspects of human gene patent-eligibility. This interesting result reveals that contrary to intuition, …


The Internet Of Citizens: A Lawyer’S View On Some Technological Developments In The United Kingdom And India*, Guido Noto La Diega Sep 2022

The Internet Of Citizens: A Lawyer’S View On Some Technological Developments In The United Kingdom And India*, Guido Noto La Diega

Indian Journal of Law and Technology

This article aspires to constitute a useful tool for both Asian and European readers as regards some of the state-of-the-art technologies revolving around the Internet of Things (‘IoT’) and their intersection with cloud computing (the Clouds of Things, ‘CoT’) in both the continents. The main emerging legal issues will be presented, with a focus on intellectual property, consumer protection, and privacy. The cases chosen are from India and the United Kingdom, two countries that are conspicuously active on this front. I will give an account only of (what I consider to be) the highlights of the IoT in India and …


Florida's Streams—Water Rights In A Water Wonderland, Frank E. Maloney, Sheldon J. Plager Sep 2022

Florida's Streams—Water Rights In A Water Wonderland, Frank E. Maloney, Sheldon J. Plager

Florida Law Review

No abstract provided.


Levy And Attachment Of Corporate Stock, Robert P. Smith Jr. Sep 2022

Levy And Attachment Of Corporate Stock, Robert P. Smith Jr.

Florida Law Review

No abstract provided.


The Significance Of Penalty Provisions Of The Florida Criminal Statutes, Vernon W. Clark Sep 2022

The Significance Of Penalty Provisions Of The Florida Criminal Statutes, Vernon W. Clark

Florida Law Review

No abstract provided.


Rule Making And Adjudication In Florida Administrative Law, Robert F. Fuquay Sep 2022

Rule Making And Adjudication In Florida Administrative Law, Robert F. Fuquay

Florida Law Review

No abstract provided.


Criminal Law: Estoppel As Bar To Plea Of Former Jeopardy, Young J. Simmons Sep 2022

Criminal Law: Estoppel As Bar To Plea Of Former Jeopardy, Young J. Simmons

Florida Law Review

No abstract provided.


Perpetuities Problems Of The General Practitioner, Bertel M. Sparks Sep 2022

Perpetuities Problems Of The General Practitioner, Bertel M. Sparks

Florida Law Review

No abstract provided.


The Lawyer's Duties To His Clients, Owen J. Roberts Sep 2022

The Lawyer's Duties To His Clients, Owen J. Roberts

Florida Law Review

No abstract provided.


The Lawyer's Duties To The Courts, Charles E. Clark Sep 2022

The Lawyer's Duties To The Courts, Charles E. Clark

Florida Law Review

No abstract provided.


Congressional Abolition Of Perjury Before Federal Grand Juries, Raymond L. Wise Sep 2022

Congressional Abolition Of Perjury Before Federal Grand Juries, Raymond L. Wise

Florida Law Review

No abstract provided.


Criminal Law: Larceny From Several Owners In A Single Act, Edward A. Stern Sep 2022

Criminal Law: Larceny From Several Owners In A Single Act, Edward A. Stern

Florida Law Review

No abstract provided.


Income Tax Aspects Of The Sale Of A Citrus Grove And Unharvested Crop, William R. Frazier Sep 2022

Income Tax Aspects Of The Sale Of A Citrus Grove And Unharvested Crop, William R. Frazier

Florida Law Review

No abstract provided.


Admissibility Of Evidence Obtained By Scientific Devices And Analyses, Felver A. Rowell Jr. Sep 2022

Admissibility Of Evidence Obtained By Scientific Devices And Analyses, Felver A. Rowell Jr.

Florida Law Review

No abstract provided.


Criminal Law: Asportation As Element Of Larceny Of Animals, William C. Mclean Jr. Sep 2022

Criminal Law: Asportation As Element Of Larceny Of Animals, William C. Mclean Jr.

Florida Law Review

No abstract provided.


Livestock On The Highways, Paul B. Johnson Sep 2022

Livestock On The Highways, Paul B. Johnson

Florida Law Review

No abstract provided.


Torts: Dog Owner's Liability In Florida, Theodore C. Houk Sep 2022

Torts: Dog Owner's Liability In Florida, Theodore C. Houk

Florida Law Review

No abstract provided.