Editorial note
Intellectual Property is the key driver to propel the economic growth of a nation. Hence, understanding IP gains utmost significance not only from a business point of view but also from a socio- economic perspective. We as nationals of any country should be vigilant in protecting and defending our IP rights. However, there are multiple issues and challenges that need discussions, and reforms. The IP Press Law Review (IPPLR) is an initiative of The IP Press to extend our objectives of spreading awareness on the issues concerning intellectual property rights and related laws. It aims to promote study and research in the field of intellectual property laws in the form of academic literature. This issue reflects some of the key concerns of the Intellectual property regime both under national and international parlance. It is envisioned to embody some of the most brainstorming insights that help readers to grasp the discourse around contemporary developments in the field of Intellectual Property Law. Throughout the year, the editorial board has reviewed the papers with multiple rounds of editing to ensure quality and standard.
This issue presents intriguing issues and challenges pertaining to intellectual property law in the national as well as the international regime. The first paper encapsulates the protection of personality rights under Intellectual property laws and briefly presents the status of multiple jurisdictions. The second paper discusses a pertinent issue of protection of fictional characters that have been a cause of concern in many disputes. The author discusses the theoretical framework and analyses various tests laid down by the judiciary.
The third paper explores religion as a subject and object of the trademark. The author determines the legality of the trademark of religious symbols for private companies and religious organisations. The fourth paper presents a policy discussion on the overlap between trademark and functionality doctrine. The fifth submission deals with the congruence of intellectual property assets in combination and corporate restructuring wherein the author states that IP has immense power to help businesses to grow and hence its valuation becomes an important aspect of commercialization of IP. The sixth paper demonstrates how open-ended section 57 of the Copyright Act, 1957 is which leads to ambiguity. The author asserts reforms in the current provision of moral rights. The seventh paper discusses the recent dissolution of the intellectual property appellate board in the backdrop of the Tribunal Reform Bill, 2021. The eighth paper discusses the relevance of IP Due diligence and suggests quarterly checks and steps carry out the due diligence process to combat the closing down of businesses and lifelong losses. The ninth paper presents analyses of the patent denials in the biotechnology sector and their impact on the industry. The tenth paper presents an interesting analysis of trademarkability of non-conventional trademarks due to hindrances of graphical representation and discusses multiple judgements of the European courts. The last two items present an analysis of two landmark cases, one Monsanto case and two, Phonpe v. Bharatpe trademark tussle.
Happy reading!
| S No. | Publication title | Author | Links |
|---|---|---|---|
| 1 | PROTECTION OF PERSONALITY AND IMAGE RIGHTS – A COMPARATIVE ANALYSIS | Lucy Rana Shilpi Saran | Download |
| 2 | ANALYSIS OF PROTECTION GIVEN TO FICTIONAL CHARACTERS AND ITS OWNERS IN COPYRIGHT LAW | Aishwarya Srivastava | Download |
| 3 | TRIALS AND TRIBULATIONS OF TRADEMARKING RELIGION IN INDIA | Pavitra Naidu | Download |
| 4 | TRADEMARK ANALYSIS IN PERSPECTIVE OF THE FUNCTIONALITY DOCTRINE | Konark Pratap Gupta | Download |
| 5 | THE CONGRUENCE OF INTELLECTUAL PROPERTY ASSETS IN COMBINATION AND CORPORATE RESTRUCTURING | Shantanu Sharma Prutha Bhavsar | Download |
| 6 | MORAL RIGHTS AND ITS SHORTCOMINGS IN INDIA | Vrishti Shami | Download |
| 7 | JUSTIFYING THE DISSOLUTION OF THE INTELLECTUAL PROPERTY APPELLATE BOARD IN THE BACKDROP OF THE TRIBUNAL REFORM BILL, 2021 | Anirudha Sapre | Download |
| 8 | IP DUE DILIGENCE: COMBATTING WINNER’S CURSE! | Harsha Aswani | Download |
| 9 | DENIAL OF PATENTS IN THE BIO-TECHNOLOGY SECTOR AND ITS CONSEQUENCES ON INDUSTRY DEVELOPMENT | Aryan Shah | Download |
| 10 | NON-CONVENTIONAL MARKS: GRAPHICAL REPRESENTATIONS AND CONTEMPORARY PROBLEMS | Doyita Mukherjee | Download |
| 11 | MONSANTO CO V. STAUFFER CHEMICAL CO: THE EXPERIMENTAL USE EXCEPTION | Anusrita Ranjan | Download |
| 12 | A CRITICAL NOTE ON THE DELHI HIGH COURT’S RULING IN THE PHONEPE VERSUS BHARATPE TRADEMARK TUSSLE | Ritwik Guha Mustafi | Download |