Law Commons^™

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 …

Licensing Information Assets In The New Economy: A Pro-Rights Perspective, Raymond T. Nimmer

Indian Journal of Law and Technology

Transactions in the twenty-first century are no longer restricted to just transactions of goods. The digital age has brought with it a boom in transactions in information, and licensing of information assets is often seen as the best way to permit and control the use of the information in question by mutual agreement. However, given the rapidity of technological advances and the corresponding changes in the nature of licensing transactions, an economy is not best served by a static legal system that continues to treat information licensing in the same manner as a hire, rent or lease of goods. This …

A Collective Rights Society For The Digital Age, John Maloney

Indian Journal of Law and Technology

Variations in digital copyright law in the international sphere have created unnecessary transaction costs to both consumers and producers who wish to transfer digital media efficiently. This article argues that the international community should create a collective rights organisation to bring uniformity, fairness, and efficiency to the process of transferring digital media and endeavours to construct the ideal model for such a collective rights organisation by describing a hypothetical collective rights organisation named PICRO (Possible International Collective Rights Organisation) and examining its operation using the example of digital music distribution. By illustrating the PICRO model in the light of current …

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.

Patentability Under Trips: The Need For Uniformity, Donald S. Chisum

Indian Journal of Law and Technology

International intellectual property law has never been uncontroversial, and patent law in particular has been the subject of heated debate. The advent of TRIPS seems to have fuelled rather than ended these discussions, as arguments continue to rage on in developing countries about the subject-matter and patent term provisions of TRIPS and the ways in which developed countries have purportedly used TRIPS to impose their own laws on the world. However, such an approach misses the point of TRIPS altogether: the need for international harmonisation. By examining two recent examples from US case law, it becomes apparent that the developed …

Access To Medicines, Paragraph 6 Of The Doha Declaration On Public Health, And Developing Countries In International Treaty Negotiations, Daya Shanker

Indian Journal of Law and Technology

Paragraph 6 of the Doha Declaration on Public Health, dealing with access to medicines for countries lacking the manufacturing capacity for them, became an important issue because its solution on 30th August 2003 on the basis of the Note of the Chairman of the TRIPS Council was perceived as changing the basic features of the TRIPS Agreement. This was the subject of much debate, and a number of proposals from different countries were submitted either individually or collectively. However, the proposals from developing countries did not find their way into Paragraph 6, and the problem of developing countries not being …

Evolution Of Copyright Law: The Indian Journey, Justice Prathiba M. Singh

Indian Journal of Law and Technology

Out of all the forms of protection given to innovation and creation, copy- right law is the most versatile. This law encompasses recognition, protection and enforcement of rights for a very large variety of creative works including traditional forms of works such as books, articles, poetry, lyrics of songs, paintings, musical compositions, sculpture, architecture, script in a drama or a film, to modern forms of copyrighted works such as computer software, databases, compilations, broadcasts etc. Protection for copyright finds its justification in fair play. The law strikes a fine balance between the rights and interests of authors/owners of copyright and …

Permanent Downloads And The Resale Of Digital Content: Another Exhausting Journey?, Aparajita Lath

Indian Journal of Law and Technology

The rise of digitally supplied content has created several ambiguities regarding the treatment of such content as goods or services. The shift in the medium of delivery from physical objects to digital formats has raised several questions in the realm of copyright law. The concepts of exhaustion and first sale, the interpretation of which in the Indian context is already arguably confused, now face additional uncertainties and ambiguities. This paper seeks to identify questions that arise in the field of copyright law due to the emergence of this new medium of delivery, such as whether the circulation of digital content …

A Foreign Outlook On Satyam Infoway Ltd. V. Siffynet Solutions Pvt. Ltd., Cédric Manara

Indian Journal of Law and Technology

Even after ten years of domain name disputes all over the world, there have been very few rulings by supreme courts and all of them are recent. The scarcity of authoritative decisions regarding domain names means that the judgment of the Supreme Court of India in Satyam Infoway Ltd. v. Siffynet Solutions Pvt. Ltd. is of significant interest.

Intellectual Property And India’S Development Policy, Sudhir Krishnaswamy

Indian Journal of Law and Technology

As India wades into the 21st century, we are faced with a strategic choice about how we imagine and institutionalise new modes of regulation of access, control and production of information, knowledge and cultural resources. The rapid legislative activity on intellectual property, most recently the Patent (3rd Amendment) Act, 2005, has so radically shifted the goalposts of the debate that we are still to catch our breath! This essay is an exercise in deep breathing and careful reasoning to relieve us from our present breathless state.

Voip: The Future Of Telephony Is Now… If Regulation Doesn’T Get In The Way, Burt A. Braverman

Indian Journal of Law and Technology

VoIP is an innovative new form of telephony that can dramatically enhance both the efficiency and functionality of telephone service to businesses and individuals around the globe. Regulators worldwide are now faced with the choice of whether to impose inapt, antiquated monopoly-based telecom regulations on VoIP or to exercise regulatory restraint and allow this dynamic communications medium to flourish. This article examines some of the technical aspects of VoIP, and considers why this new technology is rapidly gaining popularity in both industrialised and developing nations alike. The article also analyses the changes in the regulatory environment in the United States, …

Copyright, Cultural Production And Open-Content Licensing, Lawrence Liang

Indian Journal of Law and Technology

This article seeks to introduce the complex world of open-content licences against the backdrop of the massive expansion of copyright in recent years and the increasing threat posed by copyright licences to the world of cultural production. The world of open content has been inspired by the free software movement and hence this article begins with an overview of the conceptual challenges posed to copyright by free software movement. It then moves into an analysis of the ways in which the terms of free software may be understood for the purposes of cultural production and what such a translation may …

India’S Tryst With Trips: The Patents (Amendment) Act, 2005, Shamnad Basheer

Indian Journal of Law and Technology

The Patents (Amendment) Act, 2005 introduces pharmaceutical product patents in India for the first time. This Act attempts to balance out competing interests of a variety of stakeholders, including domestic generic medicine producers, foreign multinational pharmaceutical companies and civil society groups concerned with access to medicines. Although this dexterous manoeuvring around competing interests deserves praise, the net result of such a compromise has been a lack of clarity in the law. While highlighting the key aspects of the 2005 amendments and this lack of clarity, this article also focuses on the vexed issue of the likely impact of the new …

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 …

Amazon’S Competition Investigation In India: A Case For Expansion Of Investigation And Grant Of Interim Relief, Madhavi Singh

Indian Journal of Law and Technology

In the last few years, associations of domestic retailers have become vociferous opponents of Amazon’s practices in India. In response to complaints of anti-competitive conduct, the Competition Commission of India has initiated an investigation into Amazon’s anti-competitive vertical agreements in online smartphone retail. Against this backdrop, Reuters published a series of investigative reports which indicate that Amazon used internal data of third-party sellers and engaged in preferential treatment of private labels and preferred sellers. The Reuters reports join a series of other reports and studies which reveal that such conduct is pervasive across product categories. In light of this information, …

“Let's Hear It From The Girls”: Abortion Activism At Cal Poly, 1970-1980, Michelle L. Mueller

The Forum: Journal of History

No abstract provided.

Life's Not Fair. Is Life Insurance?, Mark A. Sayre

Privacy Certificate Student Publications

The rapid adoption of artificial intelligence by life insurance companies increases the risk that such practices may unfairly discriminate against insurance applicants based on race. The article briefly discusses the history of racial discrimination in life insurance pricing, followed by a summary of current antidiscrimination law. Next, proposed state legislation to address discrimination risks posed by artificial intelligence is discussed. Finally, the article discusses the potential that professional standards may provide a faster way to mitigate discrimination risk in a nationally uniform manner.

Leaning Into Chaos (Child's Health And Online Safety Act): Revision To Ftc's Enforcement Of Coppa & New Model Rule For Child Advertising, Gabrielle N. Schwartz

Privacy Certificate Student Publications

This article focuses on the need for a new model act introduced by the author (the Child’s Health and Online Safety Act) to amend the Child’s Online Privacy Protection Rule. First, to understand the landscape of existing child privacy protections, this article discusses the historical background of the Federal Trade Commission’s (FTC’s) authority to regulate child advertising. Furthermore, this article illustrates how the current law, the Children’s Online Privacy Protection Rule (COPPA), regulates entities who direct their websites or online services and advertising to children. Next, this article introduces case law that illustrates the weaknesses of COPPA. Finally, the focus …

Notre Dame Black Law Students Association, Black Law Students Association, Notre Dame Law School

BLSA Videos

The Notre Dame Black Law Students Association (BLSA) was established in 1972 with a mission to increase the number of culturally responsible Black and minority attorneys who excel academically, succeed professionally, and influence the community positively.

Speakers in order of appearance: Honorable Roland W. Chamblee Jr., ’07; G. Marcus Cole, Joseph A. Matson Dean and Professor of Law; Monica Bell, Former BLSA President and third-year Notre Dame Law student; and Tristan Mullen, first-year Notre Dame Law student.

Learn more about the organization at https://law.nd.edu/BLSA.

State Bar Of California, Andrea Lavelle, Ian Ross, Karen Thomas Stefano

California Regulatory Law Reporter

No abstract provided.

Medical Board Of California, Tala Hughes, Divya Sriharan, Karen Thomas Stefano

California Regulatory Law Reporter

No abstract provided.

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

California Regulatory Law Reporter

No abstract provided.

Department Of Financial Protection And Innovation, Summer M. Bosse, Alexandra Loyo, Karen Thomas Stefano

California Regulatory Law Reporter

No abstract provided.

Key

California Regulatory Law Reporter

No abstract provided.

Masthead

California Regulatory Law Reporter

No abstract provided.

Contractors State License Board, Thomas A.T. Ferrari, Karen Thomas Stefano

California Regulatory Law Reporter

No abstract provided.

Dental Board Of California, Dimitri Davis, Karen Thomas Stefano

California Regulatory Law Reporter

No abstract provided.

Public Utilities Commission, Justin Dalton, Andrew D. Kent, Riley Minkoff, Benjamin L. Sheinman, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, Allison Plette, Jackson Sullivan, Julia Zeigler, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.