Академический Документы
Профессиональный Документы
Культура Документы
Vaibhav S. Bakhare
TradeMarks
Copyrights Geographical indications Industrial designs Layout designs (topographic) of integrated
the following three conditions. It is new. It is useful to the society. It is non-obvious to a person possessed of average skill in the part.
morality Diagnostic, therapeutic and surgical methods for the treatment of humans or animals; Plants and animals other than microorganism and essentially biological process Expiry after 20 years. Indian Patent Law, in line with UR (except minor issues)
Global Roots:
TRIPS under WTO.
drugs/medicine, and chemical substances. Patent expiry period is 20 years Plants, animals and biologic processes Processes/methods for treatment of human beings and animals are not patentable. Rights of inventors of plant and seed varieties to be protected Compulsory licensing only in Exceptional cases
Cntd
A patent cannot be revoked because it is
non-working The onus is on the accused to prove. Guilty till Proved innocent. There can be no ceiling on the free or royalty
TradeMarks
Trade Mark
Brand
Brand Name Brand Mark Certification mark or Collective Mark
Indian Context:
Trade and Merchandise Marks Act, 1958 has
been replaced by the Trade Marks Act 1999. Objectives: The registration and better protection of trade marks for goods and services. The prevention of the use of fraudulent marks.
Major Provisions:
Mandates Registration for better protection With: Registrar of Trademarks Duration: 10 Years, with renewable clause
Grounds for Refusal of registration: devoid of distinctive characteristics deceive the public or cause confusion it compromise or contains scandalous or obscene matter established practices of the trade
General Features:
Can be assigned / Transferred, except
certificate trademark (with Registrar consent) Separate Appellate board Intellectual Property Appellate Board All provisions of Trademark broadly apply for copyrights as well except for life of 20 years.