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Study of the Impact of Proposed 2nd Tier Patent Protection (Utility Innovation) in India (2 Volumes)

Ms. Sheetal Chopra

Study of the Impact of Proposed 2nd Tier Patent Protection (Utility Innovation) in India (2 Volumes) - Bangalore NLSIU 2016 - 298p

TABLE OF CONTENTS
VOLUME I
Chapter 1: INTRODUCTION
1.1. INTRODUCTION;
1.2. THEORIES JUSTIFYING OF INTELLECTUAL PROPERTY RIGHTS;
1.3. HISTORY OF INTELLECTUAL PROPERTY RIGHTS;
1.4. HISTORY OF INTELLECTUAL PROPERTY RIGHTS IN INDIA;
1.5. IMPACT OF INTELLECTUAL PROPERTY RIGHTS PROTECTION ?;
1.6. RESEARCH PROBLEM;
1.7. RESEARCH QUESTIONS;
1.8. OBJECTIVE OF THE RESEARCH;
1.9. HYPOTHESIS;
1.10. CHAPTERIZATION;
1.11. RESEARCH METHODOLOGY;
CHAPTER 2: PROTECTION OF UTILITY INVENTIONS UNDER 2ND TIER PATENT PROTECTION: INTERNATIONAL EXPERIENCE;
2.1. INTRODUCTION;
2.2. INTERNATIONAL/REGIONAL LEGAL FRAMEWORK ON 2ND TIER PATENT PROTECTION;
2.3. ENHANCEMENT IN TECHNOLOGICAL CAPACITIES AND ECONOMIC GROWTH
OF COUNTRIES: POST ADOPTION OF 2ND TIER PATENT PROTECTION;
2.4. KEY DIFFERENCE BETWEEN THE STANDARD PATENT SYSTEM AND 2ND TIER PATENT PROTECTION (UTILITY MODEL) ADOPTED BY VARIOUS COUNTRIES;
2.5. BENEFICIARIES OF 2ND TIER PATENT PROTECTION SYSTEM;
2.6. MAJOR AMENDMENTS MADE UNDER 2ND TIER PATENT PROTECTION SYSTEM;
2.7. LITIGATION TRENDS IN JAPAN POST ADOPTION OF 2ND TIER PATENT;
2.8. LITIGATION TRENDS IN CHINA POST ADOPTION OF 2ND TIER PATENT PROTECTION SYSTEM;
2.9. LITIGATION TRENDS IN GERMANY POST ADOPTION OF 2ND TIER PATENT PROTECTION SYSTEM;
2.10. LITIGATION TRENDS IN AUSTRALIA POST ADOPTION OF 2ND TIER PATENT PROTECTION SYSTEM;
CHAPTER 3: INNOVATION ECOSYSTEM IN INDIA AND SOCIO-ECONOMIC IMPACT ON PROGRESS OF SCIENCE &
TECHNOLOGY;
3.1. INDIA'S INNOVATION POTENTIAL;
3.2. INDIA: MAJOR CONTRIBUTORS TO INNOVATION;
3.3. EXISTING SITUATION WITH REGARD To PROTECTION OF INDIAN INNOVATIONS IN INDIA;
CHAPTER 4: KEY LEARNING INTERNATIONALLY AND RECOMMENDED PROVISIONS TO KEEP A CHECK ON POTENTIAL MISUSE OF 2ND TIER PATENT PROTECTION SYSTEM;
4.1. DOMESTIC FILERS AS MAJOR BENEFICIARIES;
4.2. CHECK ON QUALITY OF UTILITY MODEL GRANT;
4.3. CONFLICTING APPLICATIONS;
4.4. DOMESTIC FILERS AS MAJOR BENEFICIARIES;
4.5. CURBING FRIVOLOUS LITIGATION;
4.6. CHECK ON DEFENSIVE FILINGS;
4.7. MAKING UM SYSTEM MORE LUCRATIVE AND INDUSTRY FRIENDLY;
4.8. SPEEDY JUDICIAL SYSTEM;
4.9. ADJUDICATION SYSTEM;
4.10. CONFIDENTIALITY CHECK;
4.11. BENEFIT SHARING/COMPENSATORY MODEL;
4.12. CHECK ON ABUSIVE PRACTICES BY IP OWNER;
CHAPTER 5;
5.1: CONCLUSION;
5.2. RECOMMENDATIONS;
ANNEXURES;
ANNEXURE 1: SURVEY QUESTIONNAIRE;
ANNEXURE 2: ANALYSIS OF APPLICATIONS FILED BY NIF FOR GRASS ROOT
INNOVATION;
ANNEXURE 3: CONTROLLER GENERAL DECISION (YEAR 2009-2013);

VOLUME II COVERS BELOW ANNEXURES;
ANNEXURE 3.1: CONTROLLER GENERAL DECISIONS (JAN-APRIL 2014);
ANNEXURE 4: COMPARISON OF INVENTIVE STEP THRESHOLD ACROSS VARIOUS
COUNTRIES HAVING UTILITY MODEL REGIME;
ANNEXURE 5: COMPARISON OF EXAMINATION SYSTEM ACROSS VARIOUS
COUNTRIES HAVING UTILITY MODEL REGIME;
ANNEXURE 6: COMPARISON OF COMPULSORY LICENSING ACROSS VARIOUS
COUNTRIES HAVING UTILITY MODEL REGIME;
ANNEXURE 6.1: COMPARISON OF TERM OF PROTECTION ACROSS VARIOUS
COUNTRIES HAVING UTILITY MODEL REGIME;
ANNEXURE 6.2: COMPARISON OF MARKING ON THE PRODUCT ACROSS
VARIOUS COUNTRIES HAVING UTILITY MODEL REGIME;
ANNEXURE 6.3: COMPARISON OF NOVELTY STANDARD ACROSS VARIOUS
COUNTRIES HAVING UTILITY MODEL REGIME;
ANNEXURE 6.4: COMPARISON OF CROSS LICENSING PROVISION ACROSS
VARIOUS COUNTRIES HAVING UTILITY MODEL REGIME;
ANNEXURE 6.5: PREVALENT MODES OF ROYALTY COLLECTION;
ANNEXURE 7: SOME GRASS ROOT INNOVATIONS;
ANNEXURE 8: SURVEY OF LAW FIRMS;
ANNEXURE 9: SURVEY OF INDUSTRY ASSOCIATIONS;
ANNEXURE 10: SURVEY OF SELECTED INNOVATIONS IN THE AREAS OF
ENGINEERING, MECHANICAL, ELECTRICAL AND IT;
ANNEXURE 10.1: SURVEY OF SELECTED INNOVATIONS IN THE AREAS OF
ENGINEERING, MECHANICAL, ELECTRICAL AND IT (INTERVIEW RESULTS).


Innovation Ecosyatem in India Patent Protection System - India