cs executive professional Patent Act with all section notes

Posted on 05-05-2016        By ADMIN

cs executive professional Patent Act with all section notes Introduction In general, “ property ” of any kind or description is of the following 3 types, namely :- 1. Movable Property, - consisting of movables; 2. Immovable Property, - consisting of immovables; and 3. Intellectual Property, - consisting of creation of human mind and the human intellect. Further, the “ Intellectual Property Rights ” ( IPRs ) are broadly classified as under :- - “ Industrial Property ”- consisting of Patents, Trade Marks, Industrial Designs, and Geographical Indication; and - “ Copyrights ” - consisting of writings, musical words, drawings, audiovisual works, paintings, photographic work, architectural work, sound records, performance of musicians, actors and singer and computer software etc. “ Industrial Property ” - is a kind of intellectual property and relates to the creation of human mind., ( eg. Inventions and Industrial Designs ). While Inventions are new solutions to technological problems, “ Industrial Designs ” are aesthetic creations - determining the appearance of industrial products. Further, “ Industrial Property ” includes trade marks, service marks, commercial names and designations. “ Position ” - under WTO agreement :- India has signed the WTO agreement in 1994. The “ Agreement ” contains clauses relating to TRIPs ( Trade Related Intellectual Property Rights ). Under this, India has to apply provisions relating to terms of patent protection by Jan. 01, 2000. “ Product Patent ” which are presently not applicable - will have to be introduced before Jan. 01, 2005. PARIS “ CONVENTION ” :- International patenting relationships are based on - the Paris Convention, 1883, for the protection of “Industrial Property ”. The Convention - covers all forms of Intellectual Property such as Patents, Copyrights, Trademarks and Designs. Paris Convention - is a multilateral treaty. It covers PCT ( Patent Co-operation Treaty), and administered by WIPO ( World Intellectual Property Organisation ). India has become a Member of this Convention in 1998. Under this Convention, any Patent granted by any particular Country - will be restricted to the territorial limits of that Country. Thus, the Applicant has to make individual applications - for the different Convention Countries - to get the Patent applicable in that country.

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