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In this century the usage of plastics had become very common. However, it is important to know as to what kinds of plastics are used for food handling and storage and the health hazards caused by using it. It has been observed that plastic packaging plays a significant role for the enhanced shelf life and in the ease of storage and cooking for many foods. Some kinds of plastic materials which are widely used for handling and storage of food and water include polyethylene terephthalate (PET). It is used in soft drinks, water, sport drinks, ketchups, salad dressing bottles, peanut butter, pickle, jelly and jam jars. This plastic is strong, heat resistant, resistant to gases and acidic foods. It can be transparent or opaque. It does not leach any chemicals that are suspected of causing cancer or disrupting hormones and can also be recycled.

Usage of High density polyethylene (HDPE) has been found to be common in milk, water, juice bottles, yogurt, margarine tubs, grocery, trash and retail bags. High-density polyethylene is stiff and strong but is not heat stable (it melts at a low temperature). It does not leach any chemicals that have a role in causing cancer or disrupting the hormones. HDPE can be recycled. Low-density polyethylene (LDPE) is used into making films of various types, some bread and frozen food bags and also in the making of squeezable bottles. Low-density polyethylene is relatively transparent. Many of the films are not heat stable either and may melt the food in case it is touching it. However, polypropylene (PP) is more heat resistant, harder, denser and more transparent than polyethylene and is therefore used for heat-resistant microwavable packaging and sauce or salad dressing bottles. Polycarbonate is clear and heat resistant. It is also durable and often used to make refillable water bottles and sterilisable baby bottles, microwave ovenware, eating utensils, plastic coating for metal cans. Tiny amounts of bisphenol A are formed when polycarbonate bottles are washed with harsh detergents or bleach (sodium hypochlorite). At high levels of exposure, bisphenol A is potentially hazardous as it mimics the female hormone estrogen. In addition, polystyrene (PS) and polyvinyl chloride (PVC) are also used during food material transportation and handling in supermarkets. Modern food safe plastic bags are plasticizer-free which do not leach harmful chemicals into the food during cooking.

Today, organic and local foods are preferred as they use less pesticides or fertilizers. However, these foods, like others, can be exposed to harmful bacteria during the growing and harvesting process. The farmers and distributors must use good sanitary practices to minimize food contamination. Consumers should cook food properly. The street food vendors are a traditional and indigenous fast food approaching in most countries of the South-East Asia Region. As these are economical they cater to millions of consumers. Among safe street foods there are many contributing factors that are associated with the safety of street food. WHO had conducted a survey in 1993 covering 100 street foods in 100 countries around the world. It revealed that the major health threat comes from raw and undercooked food, infected food handlers and inadequate hygiene practices in processing and storing such food. If the street food is cooked well and is served hot, then the chances of food poisoning is less. The water quality, hygienic conditions and the level of cleanliness especially in the summer season are the major factors for food poisoning. However improvements in physical infrastructure and hygienic conditions are growing as consumers are also demanding quality food. Michael et al., (2017) have looked into organic versus conventional foods.

According to Futter (2001) it is very important the way we cook our food. If the cooking is inadequate it causes food poisoning. While cooking there can be cross contamination starting from raw foods. It includes hands or utensils which can cause food poisoning. Most foods, especially meat, poultry, fish and eggs should be cooked thoroughly to kill most types of food poisoning bacteria. Generally the food should be cooked to a temperature of 75 °C or hotter. When food is cooked, it should be eaten promptly, kept hotter than 60 °C or cooled, covered and stored in the fridge or freezer. Some people are more at risk from food poisoning than others. In order to buy safe food in the market like buying pre-cut produce as a half a watermelon or cut veggies from a salad bar, it is important to choose items that are refrigerated or surrounded by ice. They must be kept in separate bags. FDA (2019) has studied the contamination in lettuce. Shopping at a farmer’s market is a great way to get locally-grown, fresh fruit, vegetables, and other foods. However, safety of these produce needs to be checked. Many markets have their own food safety rules and vendors must comply with them along with the government regulations. Fruits and vegetables must be washed thoroughly under running water just before eating, cutting or cooking. Fruits and vegetables must never be washed with soap or detergent or using commercial produce washes. Even if it has to be peeled before eating, it is still important to wash it first. Any bacteria present on the outside of items like melons can be transferred to the inside when it is cut or peeled. They should be refrigerated within two hours after preparation. The juice or cider must be treated (pasteurized) to kill harmful bacteria. Pregnant women, children, older adults and people with weak immune systems should drink only pasteurized or treated juice. Raw milk can harbor dangerous microorganisms like Salmonella, E. coli, and Listeria. World India (2017) has looked into the food regulations. These can pose serious health risks. Pregnant women, older adults and people with weakened immune systems are at higher risk for illness caused by Listeria. One source for these bacteria is soft cheese made from unpasteurized milk. It is vital to check the label to make sure that it is made from pasteurized or treated milk. Make sure that eggs are properly chilled at the market. FDA requires that untreated shell eggs must be stored and displayed at 45°F. While buying eggs it needs to be ensured that the eggs are clean and the shells are not cracked. Meat should be properly chilled even in the market and kept in closed coolers with adequate amounts of ice to maintain cool temperatures. If it is brought in an insulated bag or cooler during transit it is very beneficial to keep the quality. It should be always kept separately from your other purchases, so that the juices from raw meat (which may contain harmful bacteria) do not come in contact with produce and other foods. Essays (2018) have written a very comprehensive overview of food safety.

It is a discipline of science that describes handling, preparation and storage of food that can prevent food-borne diseases. When there are two or more cases of a similar illness from the ingestion of the same common food it is known as a food-borne disease outbreak (FSN, 2018). In order to avoid potential health hazards, food safety is very important. This needs safety between industry, market and the consumer. For food safety the labelling on food material is vital. This includes the origin of food, steps taken for food hygiene, food additives, pesticide residues, policies on biotechnology, food guidelines for the management of governmental import, export inspection and certification systems for foods. The food should be safe in the market with safe preparation and delivery of the food for the consumer. Foegeding et al., (1996) have done an assessment of risk factors with food borne pathogens.Warnock et al., (2007) have reported intervention to food safety.

When pathogens are in the food they may be transmitted to the consumer. It may result in an illness or death of the person or other animals. The pathogens include bacteria, viruses, molds and fungus. These multiply in the food medium. Joon et al., (2012) have found pathogenic bacteria in meat products of Korea. The developed countries have high intricate standards for the preparation of food; however, in the developing countries there are less standards and enforcement of the standards which are followed. Apart from food another major source of infection is water, which is very critical in spreading many diseases. It is possible to prevent food poisoning if good water is used for all purposes. However, it becomes difficult as in the food supply chain a large number of persons are involved apart from the fact that pathogens can be introduced into foods no matter how much precautions are taken. Cowden (2000) has studied the notification on food poisoning to improve health. Frenkel et al., (2015) studied the amount of wastes from food processing industries.

Human beings have been concerned about the concept of food safety since time immorial. Around the globe there has been major improvement in food safety management in the last twenty years. Looking into the progress made on the ways to make food safe and how to make them free from pathogens, this book, will explain food hygiene, the journey of research been taken in food safety till date and the challenges that we are going to face in future to ensure food safety and its wholesomeness. It also includes the role and responsibilities of the various sectors of society, namely governments, food industry, consumers and academia.

In the beginning of the twentieth century many modern food safety policies have been established. In the packing of meat and in food processing industries a lot of work has been done (Sinclair 1906). Another second generation policy includes the outbreak in the United States in early 1990s’ of pathogen E. coli O157:H7 and the BSE scandal of the late 1990s in the UK Lopman et al., (2003) have discussed on viral outbreak in europe. Currently, the crisis has come due to the economic and technological transformations which have taken place in food and the food supply system. As these changes have many health risks the public is very concerned. Therefore, the control forms of safety regulation and food safety laws have come into the picture. These policies include continuous line inspection, visual product inspection and detailed specification of approved hygiene practices. There is a need of a public health-focused policy which works towards the preventive integrated management of foodborne hazards from farm to table. This includes the use of modern science based risk management tools which will increase the efficiency accurately towards public health. A lot needs to be worked out for better implications. Current efforts to modernize food safety policy around the world are being worked out by the use of risk analysis and cost-benefit analysis in public administration and also the quality management in industry. The role of public economics plays an important role in food safety policies. For the social benefits the policy makers need to take decision on the costs and strengthening of the risk assessment. Today there are globalized markets and this can influence the health globally. Emerging economies like China are industrializing and urbanizing rapidly like that of Europe and North America.

A Patent is a written document explaining an invention with exclusive right. It is used to protect an inventor/scientist and to prevent other from making profits without permission. It is also used as an authority paper permitting license holders to duplicate the results. A patent application requires a combination of legal documentation and technical papers. This issue makes patent writing a very different writing style.

In India, patent applications can be filed by a patent agent or an individual having some scientific and technical background to understand the invention. However, no one can understand the invention better than the inventors themselves. Document preparation requires healthy discussions between the inventor and agent. For inventors, a good understanding on patent writing style can greatly facilitate the documentation process. Before filing the patent application inventor must be sure about that the subject is eligible for patent protection, the invention has something new, the invention is not obvious and is not easily predictable from general consensus, and the invention has practical application.

Keeping in view the importance of intellectual property rights and their protection, Journal of Intellectual Property Rights (JIPR) was started in 1996. The objective of the journal is enhancing communication between policy makers, organizational agents, academics, and managers on the critical understanding and research on intellectual property; and to promote the development of the newly cultivated research field. The journal publishes contributed/invited articles, case studies and patent reviews; technical notes on current IPR issues; literature review; world literature on IPR; national and international IPR news, book reviews, and conference reports.

JIPR is covered in the abstracting/ indexing services namely Scopus, EBSCO host Electronic Journals Service, Directory of Open Access Journal, Library & Information Science Abstracts database and Legal information Institute of India database.

World Intellectual Property Organization

http://www.wipo.int,http://www.wipo.org

The World Intellectual Property Organization - referred to in abbreviated form as WIPO in English, and OMPI in French and Spanish - was established by a convention signed at Stockholm on July 14, 1967, and entitled “Convention Establishing the World Intellectual Property Organization.” The WIPO Convention entered into force in 1970. WIPO became a specialized agency in the United Nations system of organizations in 1974 and dedicated to the use of intellectual property (patents, copyright, trademarks, designs, etc.) as a means of stimulating innovation and creativity.

WIPO promote the development and use of the international IP system through Services, Law, Infrastructure and Development.

Abstract

Describes the genesis, organization and Internet representation of International Patent Classification (IPC). Provides the outline of seventh edition and useful URLs related to it.

Keywords: International Patent Classification, Patent Classification, Classification, Internet representation

Introduction

The International Patent Classification, commonly known as the IPC, is based on an international multi-lateral treaty administered by World Intellectual Property Organization (WIPO). This treaty is called the Strasbourg Agreement concerning the IPC, which was concluded in 1971 and came into force on October 7, 1975. The Agreement aimed to overcome the difficulties caused by using diverse national patent classification system. The common classification system defined by the Agreement is applied to patent and utility model documents. The Agreement is open to States party to the Paris Convention for the Protection of Industrial Property.

Abstract

Patent is a monopoly right which is granted by the Government to the applicant for the full disclosure of an ‘invention’ which is ‘new’, ‘inventive’ and ‘industrially applicable’. Thus, before filing a patent application, the inventor must be sure that the work done by him is new and inventive. Further, during the examination of the patent application, it is required to be verified that the invention claimed in the disclosure/specification is new, inventive and industrially applicable. Since the search for the ‘Novelty’ of the invention is carried worldwide, it becomes all the more important for the inventor and the examiners to search for the prior art thoroughly. Searching for the prior art (i.e. state of the art) across the globe in around millions of documents both patents and non-patent documents, is like ‘searching a needle in the haystack’. However, by using proper keywords and classification techniques, it is possible to arrive at the closest prior art available. Each patent application is classified by the Indian Patent Office and thus attributed to one or several fields of technology. The classification scheme applied is the International Patent Classification (IPC).

Abstract

Patent infringement is the act of unauthorized making, using, offering for sale or selling any patented invention within the India. In case of patent infringement it is necessary for the patentee to compare the claims granted to him with the allegedly infringing product an check whether there is an infringement – whether the infringing product falls within the scope of the claims of the patent. In such a case the patentee may sue for relief in an appropriate court. The patentee may ask for permanent injunction and damages on account of the infringement. It is the crusade of the inventor asserting his rights against an infringer and the law recognizes the importance of this right; because, without such positive and assertive rights, industrial progress would be hard to come by

“Necessity is the mother of invention”, all of us must have heard this statement at some juncture in our lives. Most of us may even have even gone through the motion of inventing something when needed. However, more and more inventions happening today may not necessarily be necessities. These inventions definitely perform the task of improvingand making convenient our overall living environment. Past few years have seen an increasing awareness and understanding in the field of intellectual property. Among all aspects, one aspect of intellectual property that is gaining increasing attention of intellectual property owners is management of the intellectual property rights.

This brings to our minds one question, how was intellectual property management practised by early mankind? We all do know that early mankind has left no stone unturned to make theabove statement”Necessity is the mother of invention”, a reality. Mankind prospered by leaps and bounds on account of sharing their various discoveries and inventions. Way back then knowledge was meant to be shared, as aptly captured in the Sanskrit Sloka:

Introduction

In the perspective of the accelerating national growth rate of 8% recorded at the end of the 10th Plan to a projected growth rate of 10% by the end of the 11th Plan, yielding an average GDP growth rate of about 9% it was appearing that the nation is going to have a strong footing of development. However, it could not be fully achieved due to several reasons including the global recession and other factors related to international economic setback which may deter achieving a projected growth rate of 10% in the 12th Plan. In consideration of the international scenario of growing complicacy in economic growth more emphasis should be given on further efficient utilization of natural resources and intellectual properties of grass root innovators to improve per capita income leading to a promising national structure of economics ensuring wide spread benefits to the society. In this regard, true development of a nation like India can be primarily realized by recognition of wide spread enthusiasm of its innovative human resources living in village and rural areas. It can be made possible only through working with them by appreciating their struggle for survival using all round innovative measures coming out of their daily life experiences and traditional knowledge. Technopreneur Promotion Programme (TePP) is a unique scheme of Government of India for development of society especially by promoting the intellectual properties of grass- root level innovators coming out from the society with a source of inspiration arising out of their daily life struggle for existence. In spite of its limited publicity in remote areas an awareness of this programme has often been found to raise great hope to the villagers to do something for their society exploring the ideas generated from the experiences of life with the help of local resources. Such naturally grown innovation can be found undoubtedly novel and the idea can change their world of dreaming for a more prosperous life by bringing changes in socioeconomic pattern of trade and employment in rural areas with proper support from Government if India through the scheme like TePP.

Abstract

The paper discusses patentability aspect of subject matter. Patentable subject matter must satisfy three basic criteria i.e. novelty, inventiveness and industrial applicability, though few subject matter satisfying all the three basic criteria stated above may still be not patentable in specific jurisdiction based on certain circumstances or as stated in the patent act of the specified jurisdiction. Therefore grant of a patent is subject to certain limitations mentioned in the section 3 and 4 of the Indian Patent Act for Indian jurisdiction. The aim of this paper is to study such limitations in detail.

Abstract

An intellectual property infringement is the violation of an intellectual property right of the owner. Infringement is established based on the law governing appropriate IPR in the concerned country. Both civil and criminal remedies are available under the concerned law. The present paper introduces the patent infringement as per Indian Patent Act, 1970. It discusses various modes and types of infringements which can take place. It further discusses a procedure to formulate opinion about product infringing a granted patent. In the end some usual defenses against patent infringements have been discussed. Some case studies have also been presented along with the damages awarded for the patent infringement.

The main purpose of this lecture note is to provide basic information on patent drafting skills and train applicants for drafting a patent in clear and concise manner.

We will see the components of Complete Specification through the following Case studey (1) of a solar water heater. The figures are provided below for reference and better understanding.

Technology transfer is an important commercial tool for leveraging and optimizing the value of intangible assets in the present era of globalization which has deepen the process of integration of the economic resources including the free movement of goods, merchandise, services, capital and intellectual property rights. This economic integration is facilitated by a legal framework of World Trade Organization (WTO) under various agreements including the Trade Related Aspects of Intellectual Property Rights (TRIPS). There are other International Institutions i.e., World Intellectual Property Organization (WIPO), World Customs Organizations (WCO) and United Nations Conference on Trade and Development (UNCTAD) to regulate and provide guidance for the protection and enforcement of IPRs. The present global economy is geared and triggered by knowledge and almost 80 % of the global wealth comes from knowledge based intangible assets and helps optimization of the limited global resources. Technology transfer is a tool for leveraging the value of IPRs and also for sharing knowledge around the world. Knowledge is weightless and in today’s era, knowledge is driven by Information and Communication Technology (ICT) which adds to productivity in all aspects of economic life.

The term “Technology transfer” broadly connotes transfer of knowledge from one legal entity to another legal entity within and outside the national territories of the legal owner of the Patent holder at a consideration, known as license fees or technical fees or royalty. This may happen as a part of Foreign Direct Investment (FDI) or as a part of pure technological collaboration. In other words, Transfer of Technology (TOT) and Technology Commercialization allows the transfer of the technology by a patent holder to a user for further development and exploitation of the technology into new products, processes, applications, material or services. Patent provides an exclusive right to the patentee to exclude others from using an invention without his consent and the technology transfer is the process to include the licensee as the legal user without infringing the rights of the patentee. The exclusive right granted to a patentee is the right to prevent others from making, using, selling, or distributing the patented invention without his permission. The technology transfer allows the user to use the patented technology with the consent of the patent holder.

Abstract

The main aim of the article is to identify the strengths, weaknesses, opportunities and threats of current IPR system in context to Indian regime and also to understand overall planning as well as important tactics and means to use IP legal protection system to fully safeguard one’s legitimate rights and interests, obtain and maintain competitive edges, restrain competitors and seek optimal economic performance by selection of appropriate IP strategies. This article also proposes ways to select IP strategy based on BCG matrix and product mix.

Introduction

‘IP’ refers to unique, value-adding creations of the human intellect that results from human ingenuity, creativity and inventiveness. An IP right is thus a legal right, which is based on the relevant national law encompassing that particular type of intellectual property right. Such a legal right comes into existence only when the requirements of the relevant IP law are met and, if required; it is granted or registered after following the prescribed procedure under that law. All countries around the world have a national legal system of intellectual property rights which has developed over varying periods of time during the last 150 years or so. It has enabled the grant of property-like rights over such new knowledge and creative expression of mankind, which has made it possible to harness the commercial value of the outputs of human inventiveness and creativity. This is usually done by its orderly use, exchange or sharing it amongst various types of business partners in a complex network of strategic relationships that generally work harmoniously during the new product development process for creating and marketing new and improved goods and services in domestic and export markets.

IPR is a tool for Innovation and reward for it. Innovations are concerned with the commercialization of new ideas; in contrast, an ‘invention’ may not be directly associated with commercialization. As such, innovation may be seen as a process of interaction and feedback during the various stages of the new product development process. An invention is considered as the generation of a new idea or knowledge, which aims to solve a specific technical problem. Inventions could relate to products or processes and are characteristically protected by trade secrets, utility models/petty patents or patents. Utility models/petty patents or patents are granted/registered under the relevant national/regional law by the relevant national or regional patent office. As not all inventions are commercialized, so it is clear that not all inventions result in innovations.

Abstract

The two most important tasks for a patentee to undertake after being granted a patent, in any patent regime, would be to pay the renewal fees necessary to keep the patent alive, and provide proof of having worked the patent in the jurisdiction. This article seeks to highlight features of India’s legal requirements with regard to the working of patents on a commercial scale. The number of patents granted in a country is an indicator of the technological strength of the country. However, it should be noted that actual technological growth depends upon the working of patents. Working of a patent means the commercial exploitation of the invention that is embodied in the patent.