Intellectual Property Debates in South Asia : Law, Development, and Practice.

Format:

Book

Contributor:

Upreti, Pratyush Nath, editor.

Language:

English

Subjects (All):

Intellectual property.

Asia.

Physical Description:

1 online resource (383 pages)

Edition:

1st ed.

Distribution:

London : Bloomsbury Publishing (UK), 2025.

Place of Publication:

London : Hart Publishing, 2025.

System Details:

text file rdaft

Summary:

Brings together leading scholars from South Asia and beyond to examine the development of intellectual property law within the national South Asian systems and values.

Contents:

Intro

Foreword

Contents

List of Contributors

1. Intellectual Property in (South) Asia: An Editor's Introduction

I. Introduction

II. South (Asia) at a Crossroads

III. South Asian Ip Narratives

IV. Structure of the Book

PART I: INTELLECTUAL PROPERTY, HISTORY AND DEVELOPMENT

2. Intellectual Property and Social Justice: Remembering the Contribution of Professor Shamnad Basheer

II. The Canvas: ' Regular ' Milestones

III. Setting the Dots: Champs

IV. Concluding Thoughts

3. The Enduring Enigma of Novartis v Union of India: The 3D (Third Dimension) of Indian IP Values?

II. Section 3(d), ' Evergreening ' and the Judgment in Novartis : In Retrospect and Prospect

III. Post- Novartis Litigation: Does it Continue to Define the Values of the Novartis Decision ?

IV. Conclusion: The Question of Values in the Design of Section 3(d): The Third Dimension

4. The Indian Patent Office 1911-50: Colonised as Administrator of Technology Transfer

I. Introduction: Imperialism as an Economic and Politico-Legal Organisation

II. The Economic Logic of Imperialism

III. Conclusions

5. Geographical Indications for Sustainable Development in South Asia: Developing a Decolonial Approach

I. Introduction - The ' Terroir ' of Geographical Indications

II. A Decolonial Critique

III. GIs ' Rationales in South Asia - Exploring Common Ground

IV. A Critical Perspective on ' Sustainable Development ' as a GI Rationale

V. The ' Terroir ' as an Actor for Sustainable Development

VI. Conclusion

6. Intellectual Property for Inclusive Development Through Subnational Variations

II. Intellectual Property, Inclusivity and Development

III. Subnational Governance and Policy Innovation in Intellectual Property.

IV. Making Intellectual Property Inclusive Through Subnational Variation

V. Conclusion

PART II: INTELLECTUAL PROPERTY DEVELOPMENTS IN SOUTH ASIA

7. Shaping an Intellectual Property Regime for Sri Lanka: From the Decorative to the Functional

II. Innovation in Sri Lanka: Then and Now

III. History of IP Protection in Sri Lanka

IV. Implications of Leaving Out Areas Important for Sri Lankan Innovation and Knowledge Systems

V. Comparative Analysis of Legal Protection of IP in the Region: India, Bangladesh and Nepal

8. Striking the Balance: Adapting Indian Copyright Law for GenAI and Beyond

II. GenAI and Copyright Infringement Claims

III. Current Model of Exceptions under Indian Copyright Law

IV. Suitability of the Fair Use Model for India

V. Revisit of Copyright Ownership

9. Empirical and Normative Assessment of Trademark Litigation in Nepal

II. Intellectual Property Governance in Nepal

III. Trademark Litigation in Nepal: An Appraisal

10. Welfare Implications of TRIPS-Compliant Patent Legislation in Pakistan: Public Health and Sustainable Development Goals

II. TRIPS Compliance: Pakistan ' s Suboptimal Use of Public Health Flexibilities

III. Pakistan ' s Healthcare System and Pharmaceutical Industry

IV. Poverty, Health Burden, and Challenges in Achieving Sustainable Development Goal 3

11. Afghanistan's Compliance with TRIPS Agreement: Challenges, Progress and Implications

II. Afghanistan ' s Accession to WTO

III. Afghanistan ' s Compliance with TRIPS: An Appraisal

IV. Implications of the Alignment to TRIPS

V. The Challenges in Implementing TRIPS Commitments

VI. Conclusion.

PART III: INSTITUTIONS, COURTS AND PRACTICES

12. Patenting Inventions in Bangladesh: Compatibility with TRIPS and South Asian Practices

II. Integration of TRIPS-Compliant Flexibilities in the Bpa 2023

III. Patent Enforcement Mechanism

IV. Inclusion of the Utility Model Patent

V. Recent Trends of Patent Filing

13. Copyright and Education: Fair Access to Learning Materials in South Asian Countries

II. Human Rights and Constitutional Frameworks for the Right to Education

III. Access to Educational Materials in South Asia

IV. Copyright and Access to Educational Materials in South Asia

V. Concluding Remarks

14. Sri Lanka's Urgent Call for a National Intellectual Property Policy: Insights and Lessons from Neighbouring Countries

II. Sri Lanka - Background and Context

III. The Importance of a National Intellectual Property Policy

IV. National Intellectual Property Policies of the South Asian Region

V. Formulating a National Intellectual Property Policy for Sri Lanka

VI. Concluding Remarks

15. The Position of Women in the Field of Intellectual Property Rights: South Asian Perspectives

II. Women in Different Fields of Ipr: Contributions and Challenges

III. Women, Ip, and the Legal Profession in South Asia

IV. Bridging the Gender Gap in Ip: An Assessment

16. Intellectual Property Teaching in South Asia: History, Politics and Knowledge

II. The Making of the Ip Field

III. Ip Teaching as a Form of Capital in the Ip Field

IV. Conclusion

Index.

ISBN:

1-5099-7878-X

9781509978786

9781509978762

OCLC:

1555341983