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Topics on Intellectual property
Intellectual property case
Topics on Intellectual property
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The law relating to intellectual property is a carefully crafted bargain that rewards the creator by granting them certain time-limited rights to control the use made of those productions in lieu of their contribution towards the society. In 1995 when TRIPS Agreement came into effect it introduced certain minimum standards of protection to be provided by each WTO member. Besides allowing the inventor to claim patent on both product and process, in all fields of technology , the TRIPS also restricted the rights of patentee by allowing member countries to enact provisions, inter alia, for granting compulsory licence to prevent the abuse of patent right .
Compulsory Licence as defined by World Trade Organization, is when the authorities give licence to companies or individuals other than the patent owner to make, use, sell or import a patented product or process without the permission of the patent owner. TRIPS provide flexibility to member countries in formulating their laws to promote the public interest in sectors of vital importance to their socio-economic and technological development. Also, Article 31(b) of TRIPS provides that Compulsory Licence can be granted in the cases of national emergency or other circumstances of extreme urgency or in cases of public non-commercial use, without the efforts being made by the proposed user to obtain the authorization from the right holder on reasonable commercial terms. TRIPS has recognized the countries’ freedom to determine what constitutes national emergency in their context.
Compulsory Licence: Indian Scenario
Section 84 of Indian Patent Act, 1970 lays down the grounds under which the application for the grant of compulsory licence can be made by any interested person after the...
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TRIPS Agreement, Article 27.1
TRIPS Agreement, Article 30 – 31
Glossary Term, Compulsory Licensing, accessed 8 February 2014
TRIPS Agreement, Article 8
Nitya Nanda, Diffusion of Climate Friendly Technologies: Can Compulsory Licensing Help, JOURNAL OF INTELLECTUAL PROPERTY RIGHTS 241 – 246 (2009)
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(7) Hall B. Patents and Patent Policy -. 2007. The 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the Morse H. SETTLEMENT OF INTELLECTUAL PROPERTY DISPUTES IN THE PHARMACEUTICAL AND MEDICAL DEVICE INDUSTRIES: ANTITRUST RULES. Allison JR, Lemley MA, Moore KA, Trunkey RD. Valuable patents. Geol.
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The multi-national elite has seized for itself all privileges to create and innovate at the expense of the developing countries, who can no longer access the information and technology necessary to alleviate the suffering and privations of their citizens. The developing world has become the consumer of information, technology, drugs and research. It has become a market for the developed world. The law of intellectual property which is meant to incentivize innovation has been turned into a system of retarding innovation by perpetrating monopolies and a protectionist business
Critics have long charged that licensing’s real effect restricts entry to applicable occupations by reducing competition within its professional sphere and furthermore acts to protect existing business interests from increased competition. As a result, there exists a real propensity to impinge on consumer sovereignty with potentially less selection in the marketplace for those subject goods and services. And while these are valid arguments, those seeking entry into any government-regulated professions have few choices unless they follow-through with the mandated licensure procedures. Examples of licensure in commonly practiced professions include attorneys at law, medical doctors, mortgage brokers, accountants, cosmetologists, and hundreds
“A patent is an intellectual property right granted by the Government of the United States of America to an inventor “to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States” for a limited time in exchange for public disclosure of the invention when the patent is granted.” ("Patents," 2014) There are three types of patents, utility, design, and plant. Utility patents protect useful process, machines, article of manufacture, and composition of matter. Design patents pro...
Appropriate support for families of all relevant patents should also be a major component of the structure.
The patent system grants an exclusive right of manufacturing, selling, and profiting from a specific invention. It is designed with the purpose of providing advance research and development and to encourage broader economic activity; however, complete disclosure is required in exchange for the twenty year protection to become monopoly.
” Seeing the economic-development tactic that developing countries employ, it is in the developing countries’ best interests to stop them. Under vigorous lobbying by the United States and other developed countries, TRIPS, Trade-Related Aspects of Intellectual Property Rights, was negotiated in 1994. TRIPS Agreement covers copyright, related rights, trademarks, geographical indications, industrial designs, patents, layout-designs of integrated circuits, and undisclosed information (“Overview of TRIPS”). In order to be a member of the World Trade Organization, a country must agree to the TRIPS Agreement and provide protection to intellectual property in the above areas. The ratification of TRIPS Agreement impacted the present situation of Intellectual Property because this is the agreement that enforced Intellectual Property Protection worldwide with 164 members (“Membership”), and the debate between developing countries and developed countries could only have been prompted because of the global implementation of Intellectual Property Rights Protection. If Intellectual Property Rights were never globally protected by the TRIPS Agreement, developing countries would have continued with imitating and would never have argued
Governments of some developing countries often express doubts about introducing strong international Intellectual Property Rights and legislation into their framework. Most developing countries will most often base their scientific research and economy on the employment of foreign basic technology imported from industrialized countries. Both of these areas can be negatively affected by IP protection that is too strong. Developed countries often don’t take into account that while strict regulations of Intellectual Property is, at times, necessary to protect copyright holders, that the same strict IP laws limit how developing countries can interact with them.
Absolute Monopoly - this is what it means! The people who have come up with the idea of protecting the innovation and so called rewards to the innovators never thought that what it may mean to the corporations and how it will kill the innovation in the software industry. As Stallman said “Software patents are a danger that affects all programmers and all computer users. I found out about them of course in working on Free Software because they are a danger to my project as well as to every other software project in the world.[ii]” I truly agree with Stallman’s view of the Patent. Now a day the number of patents is growing exponentially and due to open trade (software specially) internationally the patent law of one country is influencing the law in the other. Country like India where the software industry is growing at a tremendous pace and the US companies generate most of the business, people in India may advocate a law similar to US. Right now the state of the law is much stricter th...
Intellectual property protection has become increasingly popular in the last century. Many factors have probed interest in this area of the law. A few of those factors include musicians seeking protection of their musical talents through use of copyrights, companies seek to protect inventions of advanced production capabilities, companies create trademarks that differentiate their unique goods from competitors, and companies like Coca-Cola protect their undisclosed ingredients for their products through use of trade secrets. These examples are to gain an understanding of how and why intellectual property rights help companies seek advantages in the marketplace. Furthermore, as the world shrinks because of advancements in transportation and computer technology, intellectual property rights become a large part of entrepreneurship and product development. This paper will discuss the interesting and challenging topic of intellectual property protection. The four basic types of intellectual property include copyrights, patents, trademarks and trade secrets; we will discuss the intellectual properties in the order in which they are listed.
It is crucial for companies to understand that intellectual property is basically a private right for private individuals in Singapore and hence, the US government generally cannot enforce rights to each one of them. It is each shareholder’s responsibility to register, secure, and prosecute their rights towards their intellectual property, and where relevant, owning their own counsel and advisors. While the U.S. government is prone to assist, there are insufficient benefits if the rights holders have not taken the fundamental steps necessary to securing and enforcing their IPR in a timely fashion. Furthermore, in many countries, shareholders who hinder enforcing their rights and mistook the fact that the USG can provide a political resolution to a legal problem may find their rights could have been corroded or invalidated due to ...
As a result of the Commission's investigation, Samsung committed to not seek injunctions in Europe on the basis of SEPs for mobile devices for a period of five years against any potential licensee of these SEPs who agrees to accept a specific licensing framework. The commitments given by Samsung shed some light on the circumstances in which the Commission considers that a prospective licensee is “willing". Essentially the commitments
The World Intellectual Property Organization, Intellectual property is the ‘products of the mind: inventions, literary and artistic works, any symbols, names, images, and designs used in commerce’. Intellectual Properties such as Patents, designs, trademarks and copyrights are protected by laws .The US government offers different types of protection for these properties. The Lanham Act (15 U.S.C.A. section 1051 et seq) also known as the trademark act of 1946 provides protection for trademarks. A trademark is defined as a name, a word, a symbol, or device or any combination thereof, adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured and sold by others. (Miaoulis 1978)
Because of its intangible nature, and particularly the increase of the digital domain and the internet as a whole, computers and cyber piracy make it easier for people to steal many forms of intellectual property. Due to this major threat, intellectual property rights owners’ should take every single measure to protect their rights. Unless these rights are either sold, exchanged, transferred, or appropriately licensed for use in exchange for a monetary fee, they should be protected at all cost. In order to protect these rights, the federal and states governments have passed numerous laws and statutes to protect intellectual property from misappropriation and infringement. “The source of federal copyright and patent law originates with the Copyright and Patent ...