India - Are We TRIPs Compliant Yet?

In last five years, the Indian parliament has amended the patent law twice. Despite the government's efforts to make the patent law compliant with the TRIPs Agreement, the international community's qualms about India's patent law remains unchanged. The debate on TRIPs compliance is heating up again since the publication of a report on various patent […]

India - A Case Study on Copyright

In Radio Today Broadcasting Ltd v Indian Performing Rights Society 2007 (34) PTC 174 (Cal), Radio Today Broadcasting, the petitioners, plan to run a radio station through the FM band with the name Radio Today. They applied for a licence from the central government and also secured a provisional licence. The petitioners' intent is to […]

The Cautionary Notice In Myanmar

In Myanmar, there is no Trademark Law. Protection for a trademark can only be obtained by filing an application together with a Power of Attorney and a Declaration of Ownership. The Declaration of Ownership is then registered with the Office of the Registration of Deeds, to which is assigned an application date and number as […]

Kingdom of Nepal Joins Berne Convention

The provisions of the Berne Convention for the Protection of Literary and Artistic Works came into force on January 11, 2006 in Nepal. The Copyright Act 2059 B.S. (enacted in 2002) had already incorporated the provisions of the Berne Convention related to copyrights and intellectual property rights protection. This Convention adopted at Berne in 1886 […]

India - TRIPS Compliance – the Unfinished Agenda

India's Commerce & Industries Minister constituted a Technical Expert Committee to study two critical issues which were not considered by the Parliament when passing the Patents (Amendment) Act 2005. Issues concerning patentability of 'new chemical entities' and 'micro-organisms' were referred to the Expert Committee. If any amendments are suggested to safeguard the interests of these […]