The critical role of Intellectual Property in technology management is not well understood in the technology generation system in India. However, in the light of recent developments, considerable interest has been aroused in matters relating to Intellectual Property across a wide spectrum, such as in scientists and engineers engaged in research laboratories, industrialists in acquiring new technologies, lawyers and attorney
s in providing support for protecting and safeguarding inventions, and administrators for dealing and complying with the requirements of the TRIPS agreement under the World Trade Organization (WTO). It is well recognised that soon many changes in our intellectual property legal system would have to be made. In this context several new initiative have been taken by several organisations and agencies in the country .

The Waterfalls Institute of Technology Transfer prepared a package of studies that need to be made and offered to undertake them with support and encouragement from the Ministry of Science & Technology. Both the Department of Scientific and Industrial Research (DSIR) and Department of Biotechnology (DBT) gave the Institute lot of encouragement to undertake some of the studies proposed.

In the field of patents, it was felt that a compilation of recent cases decided in many countries will be of interest, particularly since in many countries their laws were already modified or being modified to be in harmony with the requirements under the WTO agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). With the support received from the DSIR, the Institute contacted several agencies in different countries and in fact received very encouraging support. The Institute had in turn surveyed several publications in which recent cases are reported, and also used Internet facilities extensively in collecting information for the compilation.

It was decided that each case would have a standard format having a clear indication of the issues involved, the factual background and the court decision; and it would be supplemented by the observations of the Institute in relatively simple language for highlighting the basic general principles involved in each case.

A draft compilation of about 150 cases spread over several major sub-headings were collected from over 15 different countries of the world. However, in assembling them under a standard format it was found that in a few cases some information was inadequate and in some cases many facts were similar and as such appeared as duplicating certain situations. Many such cases were to be dropped.

In finalising this collection, the Institute grouped 101 selected cases into 11 major groups. These groups are Patent ability, Novelty, Obviousness, Disclosure, Aspects Relating Grant, Special Issues, Jurisdiction, Infringement, Relief, Revocation and Procedures.

The group-wise classification of decisions is preceded by an overview which presents analysis of court rulings pertaining to each specific group and the propositions that emerge out of the analysis. Such an analysis would afford a glimpse of important decisions and facilitate reader's perception of the issue involved in each group of cases before he actually turns over to the relevant group for a comparatively elaborate study.

In this compilation 42 cases are from the United States of America, 16 from UK, 9 from other countries of the European Union, 9 from Australia; in all, cases from 15 countries are reported. The year-wise distribution of these 101 cases is such that over 92 cases are those decided since January 1995 (1998-21; 1997-30; 1996-26; 1995-15). Thus most of the cases will be of particular interest in the new regime of protection of Intellectual Property.

This collection of 101 cases in II major groups constitute the core of this book. It became clear that certain guiding principles could be drawn which could be useful in the future settlement of the problems. This will thus be useful to both students and practitioners in this field.

The book also contains three annexure. The first annexure presents three "1 cases decided by the Appellate Body of WTO to illustrate that their decisions have a mandatory effect on the change to be made in the national law to ensure compliance with the TRIPS agreement. These cases have been pragmatically abridged, and where appropriate the first person citations have been retained in order to sustain the distinctiveness of each case. The second annexure deals with the important recent developments on' 'Patenting of Biotechnology' " and "Examining the Patenting of Business Method Practices". They present the emerging and evolving criteria for patent ability on newer developments arising from advances in Science and Technology. The third annexure is an index to the cases.

The Institute is aware that a pioneering work of this kind, keeping in view the impending changes to the Intellectual Property laws in the country, can only be termed as a first step. This will need to be updated and improved upon from time ii to time and can be done effectively through the comments, observations, suggestions and advice from experts in different related fields. The Institute is eagerly looking forward to receiving such inputs in enhancing the utility of this compendium.

The basic principles in the major areas of patent dispute have clearly emerged. This will be useful as an introduction to the guiding principles in the decisions of patent law. The Institute is hopeful that with the growing interest in this subject ; further steps will be taken soon to enlarge this primer into a treatise.