Trends in Intellectual Property Research

Quantum computing is a very multidisciplinary field, a blend of materials science, electronics, electromagnetism, thermodynamics, quantum physics and the corresponding mathematical framework. The study aimed to evaluate the existing scenario of the choice of the intellectual property rights (IPRs) protection mechanisms for quantum computing, choice of best applicable type, and suggesting some key alternative innovati...

This study highlights the present situation of enforcement of Intellectual Property Rights (IPRs) and its improvement as an impact of implementation of integrated IP management system in Pakistan. The key initiatives taken by the national government and the organization to achieve the target have been discussed in this study. The major steps include centralized IP administration, new IP legislation, up-gradation of I...

Pakistan is an agricultural country and numerous plant varieties have been developed indigenously by local scientists. There was a long felt need to introduce any sort of protection mechanism for these novel plant varieties to protect the research and development (R&D). Being a World Trade Organization (WTO) member, Pakistan acceded to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement in...

Although no "absolute" definition exists, a human digital twin (HDT) may be defined as a virtual physiological copy or counterpart in digital world of a real person existing in the physical world having active connection between the human and his corresponding twin in metaverse. The current study aims to explore the intellectual property rights (IPR) challenges of HDTs. Previously discussions on HDT have mostly focus...

This research analyses the effect of patent regime on ChatGPT and proposes possible explanations to avoid these concerns. Intellectual property rights in general and patents in particular are very importance in the innovation ecosystem. Since ChatGPT is being increasingly used in patent perspectives suggesting various solutions, naturally there should be mechanisms to cope with its implications. At a broader level, C...

Non-alcoholic fruit beverages hold significant importance in the fruit processing chain. This article aimed to conduct a technological prospective study, through patents, in this specific beverage area. Patents were searched in the online databases of INPI (Brazil) and EPO (Europe), using keywords, the internation classification number, and filing dates. A total of 80 patents were retrieved, excluding duplicates and...

Industrial revolution contributed to the emergence of industrial property rights and the accompanying inventions. Technological development and the expansion of the use of electronic technologies in various industrial fields contributed to increasing competition between economic entities, regarding their ownership of the elements of industrial property rights. These rights distinguish their products from others, besi...

Khewra Pink Rock Salt also known as Himalayan Pink Salt, extracted from the Khewra Salt Mines, in Pakistan is appreciated due to its pink color, rich mineral content, culinary usage and associated health benefits. The problem arose when it was highlighted that it is being sold in global markets as a product of India. It was quite concerning for local communities and regions which are hub of its production since centu...

Current research examines the landmark judgment of Jaikishan Kakubhai Saraf alias Jackie Shroff v. The Peppy Store & Ors. indicating the importance of developing personality rights jurisprudence in India, especially in digital content. Personality rights include both publicity rights and privacy rights. Right to control the commercial use of one's identity, i.e. publicity rights, is important for protecting perso...

The interplay between intellectual property rights (IPRs) and clinical trials presents a complex challenge in the realm of healthcare innovation. This paper examines the critical role of IPRs, particularly patents, in incentivizing pharmaceutical research and development while simultaneously addressing their implications for access to essential medicines, especially in low- and middle-income countries (LMICs). We exp...

Traditionally, the access of genetic resources from a country in their physical form requires the fulfillment of many legal procedures like accessing permit, mutually agreed terms (MAT) or prior informed consent (PIC) from the country of origin of genetic resources. These legal procedures are mandatory in the “Convention on Biological Diversity” (CBD) and “Nagoya Protocol”, through its third objective of benefit shar...

Stem cells are versatile cells capable of self-renewal and differentiation into different specialized cell types. Their immense potential has led to a surge in research and practical applications medicine. Patentability of the stem cells has been a subject of controversy, with concerns that restrictions on access to crucial technologies could hinder the translation of research into practical medical applications. It...

The concept of the Traditional Knowledge Digital Library (TKDL) first emerged in India two decades ago. It upholds the current Indian patent law, which forbids the filing of patents based on traditional knowledge that is already in the public domain. Although, TKDL has been quite helpful in preserving traditional knowledge, it can be improved to maximize its potential. With tech advancements, it’s necessary to ensure...

The current study highlights the challenges for GI protection of trans-border products, in Basmati rice. Various international treaties, e.g., Lisbon Agreement, Paris convention, and TRIPS Agreement describe partly the protection of geographical indications (GIs) or appellations of origin. Both India and Pakistan are TRIPS member countries and claim Basmati rice as their GI and have tagged Basmati as GI in their resp...

On 30th August 2024, the Delhi High Court (DHC) delivered two landmark decisions that have drawn attention to the treatment of software-based inventions in Indian patent law. The center of these ruling was the appeals filed by the Blackberry Limited against the rejection of their two patent applications. The first application, titled “Administration of Wireless System”, was rejected on the ground that the claims pert...

In Pakistan, access to affordable medicines is a critical challenge due to high disease burdens and exorbitantly priced patented drugs that leave millions without essential healthcare. Compulsory licensing (CL) under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement provides a legal mechanism for the production or importation of generic versions of patented medicines to ensure their affordab...

We may often come across mind boggling, incomprehensible doctor prescriptions quite difficult to decipher, with new drug names for the common flu and the usual ‘paracetamols’ found in other drugs under many different labels and names. This indicates nothing but the existence of a generic drug system. Generic drugs have same chemical formulas, properties and compositions as that of originator drugs or products. TRIPS...

The protection of trade secrets is integral to commercial practices since the inception of trade itself. This study explores the historical evolution and current legal frameworks governing trade secrets in the United States, European Union, and India. In the United States, trade secret law transitioned from common law torts to codified statutes, culminating in the Uniform Trade Secrets Act (1979) and the Defend Trade...

Thoughts of the Mumbai city of India, inevitably take one’s mind to the glitzy world of Bollywood, and thoughts of stars walking down the red carpet at the opening night of a new blockbuster. Bollywood is truly at the epicenter of the culture of the Mumbai. It also plays a major role in the economy of the city. The film business is deeply collaborative, and a multitude of artists contribute their artistic endeavors t...

In an era where intangible assets increasingly dictate global economic and technological hierarchies, intellectual property (IP)has emerged as a critical battleground between innovation, control, and access. This article undertakes a comparative legal and socio-political analysis of IP frameworks in Bangladesh and India, contextualized within the broader transformation brought by global techno-capitalism. While both...