Journal of Intellectual Property Rights

Rajatpreet Modi ¹, Abhijit Vasmatkar ¹, Ujwal Prabhakar Nandekar ¹

Affiliations
1 Symbiosis Law School, Pune, Symbiosis International (Deemed) University, Pune — 411 014, Maharashtra, India., IN

Abstract

Human rights are the paramount rights of the human race. Yet they are highly dynamic, much like the times we live in. With the change in human society, the regulations must change to suit the needs as well. This article analyses how Human Rights and Intellectual Property Rights, specifically copyrights are integral to each other when read together. The primary issue is the collision between copyright and the human right of free speech. The article discusses in detail how copyrights form a human right and the need for them to be recognized as the same. The nuance of free speech and copyrights in the internet domain and the need to account for the publisher‟s independence and IPR rights has been discussed. The article attempts to understand the reasons for copyright violations while exercising the human right of free speech and the possible legal solutions to this problem. The purpose of the article is to dig out all the research in this respect and to make the concept clear for future researchers. This bibliometric analysis is implemented using the Scopus and Web of Science repositories.

Keywords

Bibliometric Analysis, Copyrights, Free Speech, Human Rights, Intellectual Property Rights.

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Ujwal Prabhakar Nandekar ¹, Rupal Rautdesai ¹

Affiliations
1 Symbiosis Law School, Pune, Symbiosis International (Deemed) University, Pune - 411 014, Maharashtra, IN

Abstract

Nanotechnology is an evolving branch of science. It is one of the most promising and radical new technological frontiers. Being a hybrid of chemistry and engineering, nanotechnology holds some peculiarities that cause special problems for the application of Patent Law. India looks forward to develop in every field of Science and Technology including nanotech, and aspires to hold Intellectual Property rights in it. In 2016, India ranked 3rd in the nanotechnology publications after China and USA. The patenting process in nanotechnology is there but yet to increase in favour of domestic applications at the Indian Patent Office coupled with the lack of Indian case law on the subject makes the discussion on the Indian patent regime and nanotechnology most pertinent. Indian Patent Law when applied to the field of nanotechnology raises a number of concerns and difficulties in terms of grant of patent. Therefore, it is necessary to carefully consider whether the Indian Patent System offers a favourable environment for the growth of nanotech industry by motivating patent protection in India. In this research paper, the authors have addressed one specific issue that is of the impact of Section 3(d) of the Indian Patent Act, 1970 on the nanotechnology patent applications in India. The authors propose an amendment in Section 3(d) of the Indian Patent Act, 1970 and some steps that the patent office could take to promote nanotechnology patenting in India and in turn aid the nanotechnology industry growth in India.

Keywords

Nanotechnology, Patent, Patent Applications, Nanotechnology Industry, Section 3(d) of Indian Patents Act, 1970

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