| | 8 August 2018HIGHERReviewTHE CONUNDRUM OF OVER-LAPPING IPR LAWS AND IP PORTFOLIO MANAGEMENT FOR NEW-AGE ENTERPRISESBy Sunita K Sreedharan, Founder, SKS Law AssociatesUntil about two decades ago, the IPR laws and the subject matter they governed were clearly demarcated in sharp vertical silos. The scope of study especially in the sciences was classified under biology, chemistry, physics, and maths. Similarly, the criteria of protection under the patent law were dis-tinct from copyright law, which in turn was distinct from trademark law and industrial design.Since then, this orderly world has changed rapidly. For one, the sciences have become multi-disciplinary with new disciplines such as biochemistry, biophysics, biophar-ma, and many more, while "computer science", the study of which started out as a distinct stream of study is now a ubiquitous tool with applications ranging from rockets, automobiles, biotechnology, chemistry and so on, which in turn has put a strain on the interpretation of IP protect-able subject matter and IP laws as well as incidental laws such as Information Technology laws, domain name, data protection, data privacy laws, to name a few.This change requires patent practitioners to have a hands-on knowledge of technology while the courts have to be made aware of the grey areas between the sharps statutory criteria of protection under each of the seven IP laws. A case in point is the fine-line demarcation be-tween the IP laws protecting biotechnological interven-tion of inserting a useful bacterial gene in a plant genome and the IP law that protects new varieties developed by the back-crossing of seeds that carry the modified gene.Currently the Founder of SKS Law Associates, Sunita K Sreedharan is a Patent Lawyer with a focus area on "Beyond Patents". She is one of the very few lawyers in India with expertise in the area of Intellectual Asset Management. She is also Legal Advisor to the WHO SEARO (World Health Organization - South East Asian Regional Office) and has been named as one of Top 50 IP Experts in India by India Business Law Journal.Sunita K SreedharanIN MY VIEW
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