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Patra, Soumya Prakash
- Standards in Automotive Sector: Impact of Patents on its Development
Abstract Views :156 |
PDF Views:92
Authors
Affiliations
1 Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology Kharagpur, Kharagpur, 721 302, IN
1 Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology Kharagpur, Kharagpur, 721 302, IN
Source
Journal of Intellectual Property Rights, Vol 25, No 5 (2020), Pagination: 140-145Abstract
With the increased awareness and focus on safety systems in the automotive domain, it is imperative for regulatory authorities to not only bring in the latest technologies but also ensure reachability and affordability for all. However, the patents related to the latest safety features concentrate in the hands of a few technology leaders, thus rendering the technology access costly and scarce. In such a scenario, adapting principles of SEPs and their permit of use in FRAND conditions as in the telecom domain would create a symbiotic relationship between the technology producers and end-users. The first part of this paper deals with studying the relevant patent filing activities to sensitize the innovation happing in the field of automotive engineering in general and automotive safety in particular. The second part focuses on standards and its establishment process in India and its global context in terms of harmonization. The third part deals with the gap in the operation of Indian Standard establishing authorities and the Indian Patent system. This paper concludes by arguing that it is essential to adopt a cross-functional team to horizontally utilize the best of learnings of the telecom domain in terms of licensing SEPs under FRAND terms.Keywords
Standards, Standard Essential Patent, Automotive Standards, Automotive Patents, FRAND, Licensing, SEP, Agreement on Technical Barriers of Trade, Standard Setting Organisations.References
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- Artificial Inventors: A Shift in Traditional Policy Paradigm
Abstract Views :116 |
Authors
Affiliations
1 Department of Commerce and Management, St Xavier University, Kolkata — 700 160, West Bengal,, IN
1 Department of Commerce and Management, St Xavier University, Kolkata — 700 160, West Bengal,, IN
Source
Journal of Intellectual Property Rights, Vol 26, No 3 (2021), Pagination: 119-126Abstract
There has been a constant resonance on the legality of mentioning artificial computing entity as an inventor the world over. There have been various instances of judicial decisions with an elaborate commentary on the legality of a robot or AI becoming the inventor of a patent. Considering the legal implications of AI being the inventors of inventions through identifying gaps by analysing tonnes of information through various big data analysing means, a new policy framework is necessitated. However, the big question that arises is, should the development of such inventions and their consequent patenting should be disallowed as the recent judgments have been made, or should there be regulations on inventorship of such patents and their resulting ownership. The present article attempts to give a prognosis for adapting a new legal viewpoint for considering the AI as an inventor rather than just rejecting them.Full Text
- Journey of Trademarks from Conventional to Un-Conventional - A Legal Perspective
Abstract Views :81 |
Authors
Affiliations
1 Department of Commerce and Management, St. Xavier University, Kolkata — 700 160, West Bengal,, IN
2 Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology Kharagpur, Kharagpur- 721 302, West Bengal,, IN
1 Department of Commerce and Management, St. Xavier University, Kolkata — 700 160, West Bengal,, IN
2 Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology Kharagpur, Kharagpur- 721 302, West Bengal,, IN
Source
Journal of Intellectual Property Rights, Vol 26, No 3 (2021), Pagination: 162-170Abstract
Consumers perceive trademarks as commodities due to their exceptional quality attached to the brand. Consistency is established when customers purchase a specific brand, and its appearance is an additional driving factor for such a purchase. Due to this emerging understanding, both in the US and in Europe, there is acceptance of the fact that financial concepts for trademark reasoning are insufficient to reflect the present-day functions of trademarks accurately. Trademark’s functions have been restructured over the past few decades, which correspond to trademark evolution and expansion of consumer-centric society on the other hand. Given the non-traditional business reality, it is not, at this point, adequate to ignore the propelled elements of trademarks. It is fundamental to comprehend the different reasons for the trademark. In the present financial arrangement, these capacities assume an essential job in the foundation of a trademark. There is a perceivable change witnessed in the market and society, which in turn has influenced the legal landscape. Among these, an overview will be given in this article for the protection offered in the various jurisdictions to these non-conventional (personality) functions of trademarks.Full Text
- Relative Innovation Index: State of Patent Examination in India
Abstract Views :81 |
Authors
Affiliations
1 Indian Institute of Management Bodh Gaya, Gaya, Bihar - 824 231,, IN
2 Department of Management, BIT Mesra, Ranchi - 835 215, Jharkhand,, IN
1 Indian Institute of Management Bodh Gaya, Gaya, Bihar - 824 231,, IN
2 Department of Management, BIT Mesra, Ranchi - 835 215, Jharkhand,, IN