LooseSuits

OTHER INTELECTUAL PROPERTY RIGHTS

The object to grant patent is to encourage inventions and to secure that the inventions are worked in India on a commercial scale and to the fullest extent that is reasonably practicable without undue delay. It is not granted merely to enable patentees to enjoy a monopoly for the patented article. Patent is granted to inventions. An invention must be new and useful. That is to say, it must have novelty and utility. Section 2(j) of the Patents Act, 1970 defines invention as to mean a new product or process involving an inventive step and capable of Industrial application. Section 2(ja) defines the term 'inventive step' as to mean a feature that makes the invention not obvious to a person skilled in the art. There are certain inventions where only methods or processes of manufacture are patentable viz. the inventions claiming substances intended for use, or capable of being used, as food or as medicine or drug or relating to substances prepared or produced by chemical process (including alloys, optical glass, semi-conductors and inter-metallic compounds), no patent shall be granted in respect of claims for the substances themselves but claims for the methods or processes of manufacture shall be paten table. However, a claim for patent of invention for substance itself intended for use, or capable of being used, as medicine or drug except the specified medicine or drug, may be made in the manner provided in the chapter VIA dealing with "Exclusive Marketing Right". Procedural Aspect True and first inventor of the invention, his assignee or legal can make application representative. Application is required to be made in accordance the procedure along with prescribed fee and provisional specification (complete specification will have to be filed within 12 months of Date of Application). After publication of application request of exam> ination has to be filed. After perusal of examiner report the applications will be published. There are certain procedures under the Patent Act governing opposition, restoration of lapsed patents, surrender & addition of patents revocation and compulsory licensing of patents. There are penalties in case of infringement of patent of others. Term of patent is 20 years from date of applications in general. Apart from this there are exclusive marketing right which has been recently prescribed by the government in order to meet the obligation under article 70(8) and (9) of TRIPS agreement of WTO under chapter IVA in the Patents Act 1970 on EMR which contain sections 24A to 24F inserted by the Patents (amendment) Act 1999 w.e.f Jan/1995.

COPYRIGHT: It is the exclusive right given by law for a certain number of years to an author composer etc. to publish, print or sell copies of his original work. Only original works are protected under the Copyright Act. U/s - 14 of Copy Right Act 1957 Copy Right means "the exclusive Right which by virtue of and subject to the Provisions of this act is provided in the case of literary, Dramatic or musical work, Computer Programme, Artistic work, Cinematography and sound Recording. In the above work copyright subsists through out India. But Copy Right work shall not subsists in any work specified above unless: - usa trademark registration

1. In the case of a published work, the work is first published in India, or where the work is first published outside India, the author is at the date of such publication, or in a case where the author was dead at that date, was at the time of his death, a citizen of India.

2. In the case of an architectural work of art, the work is located in India. 3. In any cinematography film if a substantial part of the film is not an infringement of the copyright of any other works. Registration of Copyright Registration of any work is not obligatory. The provision is only optional and non-registration does not deprive the owner of his right to bring both a civil and criminal action against an offence of infringement. Assignment and Licensing of Copyright Copyright can be assigned, and owners of Copyright can also grant Licence of any interest of Copy Right work. Copyright is also subject to some compulsory Licensing for republication, performance and communication of published work.