Full Description
This book brings together leading scholars from South Asia and beyond to examine the development of intellectual property law within the national South Asian systems.
In doing so, the book highlights the different IP narratives developed in the region (such as India, Pakistan, Sri Lanka, Nepal, Bangladesh, and Afghanistan), embracing the legal values and ethos in domestic IP practices and promoting comparative studies at regional and international levels.
The book is divided into 3 parts. Part 1 addresses IP through development and social justice lenses, with a focus on IP theory, geographical indications, technology transfer, and de-colonisation. Part 2 is devoted to recent IP practices in South Asia, especially recent legislative and judicial development covering copyright, trademark litigation, public health, traditional knowledge and TRIPS compliance. Part 3 provides a comparative study with a focus on institutions, courts, and practices, drawing on some key IP issues including patent law, developing equitable IP policies, the role of women in IP, fair access to learning materials, and others.
Each contribution focuses on innovative IP practices and emerging challenges in South Asia and will serve as a stepping stone for further discussion among scholars, policy makers, and other stakeholders involved in shaping and improving IP law. The book is a key resource for legal academics, practitioners and law students interested in (South) Asian IP law.
Contents
Foreword, Dev Saif Gangjee (University of Oxford, UK)
1. Intellectual Property in South Asia: An Editor's Introduction, Pratyush Nath Upreti (Queen's University Belfast, UK).
Part I: Intellectual Property, History and Development
2. Intellectual Property and Social Justice: Remembering the Contribution of Professor Shamnad Basheer, Swaraj Paul Barooah (SPICY IP, India)
3. The Enduring Enigma of Novartis v Union of India: The 3D (Third Dimension) of Indian IP Values? Yogesh Pai and Virender Chandel (National Law University Delhi, India)
4. The Indian Patent Office 1911-1950: Colonized as Administrator of Technology Transfer Précis, Shubha Ghosh (Syracuse University, USA)
5. Geographical Indications for Sustainable Development in South Asia: Developing a Decolonial Approach, Devanshi Saxena (University of Antwerp, Belgium)
6. Intellectual Property for Inclusive Development through Subnational Variations, Pratyush Nath Upreti and Niharika Salar (Queen's University Belfast, UK)
Part II: Intellectual Property Developments in South Asia
7. Shaping an IP Regime for Sri Lanka: From the Decorative to the Functional, Naazima Kamardeen (University of Colombo, Sri Lanka).
8. Striking the Balance: Adapting Indian Copyright Law for GenAI and Beyond, Arul George Scaria and Varsha Jhavar (National Law School of India University)
9. Empirical and Normative Analysis of Trade Mark Litigation in Nepal, Pratyush Nath Upreti (Queen's University Belfast, UK)
10. Welfare Implications of TRIPS-Compliant Patent Litigation in Pakistan: Public Health and Sustainable Development Goals, Muhammad Zaheer Abbas (Queensland University of Technology, Australia) Aziz ur Rehman (Quaid-i-Azam University, Pakistan) and Muhammad Mubeen (Green International University, Pakistan)
11. Afghanistan's Compliance with TRIPS Agreement: Challenges, Progress, and Implications, Awal Khan Ahmadzai (Science Academy of Afghanistan, Kabul)
Part III: Institutions, Courts and Practices
12. Patenting Inventions in Bangladesh: Compatibility with TRIPS and South Asian Practices, Mohammad Towhidul Islam (University of Dhaka, Bangladesh) and Sadman Rizwan Apurbo (BRAC University, Bangladesh)
13. Copyright and Education: Fair Access to Learning Materials in South Asian Countries, Chamila Talagala (Charles Darwin University, Australia)
14. Sri Lanka's Urgent Call for a National Intellectual Property Policy: Insights and Lessons from Neighbouring Countries, Althaf Marsoof (Nanyang Technological University, Singapore)
15. Position of Women in the Field of Intellectual Property: South Asian Perspectives, Gargi Chakrabarti (Dharmashastra National Law University Jabalpur, India)
16. Intellectual Property Teaching in South Asia: History, Politics and Knowledge, Lokesh Vyas (Sciences Po Law School, France)
