Browsing by Subject "Intellectual Property Rights"

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    Patent Protection for Inventions in Outer Space: Issues and Challenges
    (University of North Bengal, 2024) Arundhati
    The increasing commercialization of space activities has highlighted the need for a robust legal framework to protect intellectual property (IP) in outer space. Currently, national and regional patent laws apply only within their respective jurisdictions, leading to challenges in enforcing patent rights beyond Earth. The existing international space law framework, which resembles maritime law, allows private entities to circumvent patent regulations by registering in jurisdictions with favorable IP policies, contributing to the "flags of convenience" problem. This regulatory competition threatens global patent protection, potentially discouraging innovation in space technologies. India, despite being a signatory to major international space treaties, lacks a dedicated national space law to regulate IP rights in space-related activities. The growing involvement of private enterprises in India’s space sector further necessitates comprehensive legislation to address patent protection, interdepartmental coordination, and commercialization of space innovations. This article examines the challenges of enforcing patent protection in outer space, the inadequacies of the current international legal framework, and the implications of regulatory competition among states. It explores the necessity for national space legislation in India and discusses global solutions, including the establishment of a universal patent jurisdiction or a "Space Patent" regime. The article also evaluates proposals by WIPO and other international organizations to create a unified system for patent protection in space, ensuring stronger IP rights and fostering innovation. Finally, it highlights the need for global cooperation to address the legal complexities of space-related inventions and support sustainable space exploration and commercialization.
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    Social Transformation and Its Impact on Traditional Knowledge
    (University of North Bengal, 2020-03) Wangchuk Bhutia, Jigmee
    As the society, so the Traditional Knowledge. with the change in society there is a change in Traditional Knowledge. Traditional Knowledge is shaped in accordance with the time and need of the society. There is a close relation between Traditional Knowledge and Social Transformation. With the society evolving towards modernization, Traditional Knowledge being a living knowledge which evolves with the society and the people is also evolving towards modern knowledge. The nature can be regarded as a laboratory where the experiment of the Traditional Knowledge takes place. Earlier, Traditional Knowledge was not universal at all, there was traditional system of protection and traditional system for the grant of permission to access it but now due to globalization, there is more chances of misappropriation and Traditional Knowledge is not safe. India is amongst the nations who is very rich in terms of Traditional Knowledge and in India, most of the population still depends on Traditional medicinal system. With the acceptance of globalization, it is high time India should take proper step for the protection of Traditional Knowledge. Traditional Knowledge is categorized under the Intellectual Property Rights, and if it is not provided proper protection then someone else under the Intellectual Property Rights will protect it and the community who owns it will loss the ownership rights.