The document discusses the rights of a patentee according to the Patents Act of 1970 in India. It defines a patentee as the person granted a patent and outlines their rights to the patented invention. These rights are conditional, with limitations including government use of patents, compulsory licenses, and revocation of non-working patents. The patentee's main rights are the exclusive right to prevent others from commercially exploiting the patented product or process without consent.
A Patent is an intellectual property right relating to inventions and is the grant of exclusive right, for limited period, provided by the Government to the patentee, in exchange of full disclosure of his invention, for excluding others, from making, using, selling, importing the patented product or process producing that product for those purposes.
A copyright is a legal right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematography films and sound recordings. Business entities often copyright instruction manuals, product literature and user guides. Copyright is usually owned by the maker of the work, but may also be owned by the employer of its creator or the person who has authorized the work (unless there is an agreement to the contrary in either case).
A Patent is an intellectual property right relating to inventions and is the grant of exclusive right, for limited period, provided by the Government to the patentee, in exchange of full disclosure of his invention, for excluding others, from making, using, selling, importing the patented product or process producing that product for those purposes.
A copyright is a legal right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematography films and sound recordings. Business entities often copyright instruction manuals, product literature and user guides. Copyright is usually owned by the maker of the work, but may also be owned by the employer of its creator or the person who has authorized the work (unless there is an agreement to the contrary in either case).
compulsory licensing of patents in India how to get compulsory licensing in India, procedure, rights involved, act and sections,limitation of compulsory licensing, government rights for compulsory licensing,well good for law students
Enforcement of Intellectual Property Rights (IPR) in IndiaVijay Dalmia
Enforcement of Intellectual Property Rights in India - See the presentation to understand the nuances of enforcement of IPR ( Trade Mark, Copyright, Patents, Designs etc.) by civil and criminal remedies in India.
The registration and protection of industrial designs in India is administered by the Designs Act , 2000 and corresponding Designs Rules , 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came in to force from 30th December, 2014, which incorporates a new category of applicant as small entity in addition to natural person and other than small entity.
The industrial design recognizes the creation new and original features of new shape, configuration, surface pattern, ornamentations and composition of lines or colours applied to articles which in the finished state appeal to and are judged solely by the eye.
compulsory licensing of patents in India how to get compulsory licensing in India, procedure, rights involved, act and sections,limitation of compulsory licensing, government rights for compulsory licensing,well good for law students
Enforcement of Intellectual Property Rights (IPR) in IndiaVijay Dalmia
Enforcement of Intellectual Property Rights in India - See the presentation to understand the nuances of enforcement of IPR ( Trade Mark, Copyright, Patents, Designs etc.) by civil and criminal remedies in India.
The registration and protection of industrial designs in India is administered by the Designs Act , 2000 and corresponding Designs Rules , 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came in to force from 30th December, 2014, which incorporates a new category of applicant as small entity in addition to natural person and other than small entity.
The industrial design recognizes the creation new and original features of new shape, configuration, surface pattern, ornamentations and composition of lines or colours applied to articles which in the finished state appeal to and are judged solely by the eye.
Intellectual Property Rights In India: Patents Trademarks And Copyrights JRA & Associates
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.
Let us try and understand the basics of these intellectual property rights, how they can be applied for in India and understand how and why they are litigated so fiercely.
A trademark or trade mark is a distinctive sign or indicator of some kind which is used by an individual, business organization or other legal entity to uniquely identify the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities....
An overview of the basics of US trademark law for entrepreneurs, business people, and creative professionals. "What Is a Trademark?" includes the following:
A brief definition of trademarks.
Definitions of the other forms of intellectual property (copyright, patent, and trade secrets).
Types of trademarks.
What's trade dress?
How are trademark rights acquired?
Trademark registration, and what do those symbols ™ and ® mean, anyway?
How long do trademark rights last?
For more information, please go to LizerbramLaw.com
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. It occurs when someone violates the patent rights an inventor has in his invention by making, using or selling the invention without the patent owner‘s permission (or if the patent has been licensed), in a way not permitted by the license.
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
This a discussion on patent infringement for academic purpose. Please do NOT consider this legal advice.
[Some material has not been updated for recent changes, so use it at your own risk]
Disclaimer: This is not legal advice.
A patent is a set of exclusive rights granted by a state (national government) to an inventor for a limited period of time in exchange for a public disclosure of an invention.
A patentee is a person to whom a grant is made or privilege secured by patent the patentee assigned the patent to his employer.
According to Patent Law, the patentee enjoys exclusive rights by which the patentee possess, use, benefit from and dispose of the patent, and no entity or individual may, without the authorization of the patentee, exploit the patent, that is, make, use, offer to sell, sell or import the patented product, or use the patented process, or use, offer to sell, sell or import the product directly obtained by the patented process, for production or business purposes.
Covers legal aspects of Patenting in India.Explains the difference between Patent, Trademark and Copyright. Differentiates between patentable and non patentable inventions and explains the process of obtaining a patent, with case studies and examples.
Patent act - Legal Environment of Business - Business Law - Commercial Law - ...manumelwin
The main object of patent law is to confer exclusive right to the patentee to gain commercial advantage out of his invention. The conferring of exclusive right encourages the inventors to apply their creative faculties.
Indian patent act - 1970 - definitions, history, types, terms, inventions patentable and non-patentable, patent filling procedure, rights of a patentee, offences and penalties.
Intellectual property is the product or creation of the mind. It is different from other properties in term that it is “intangible”. Hence it needs some different way for its protection.
Similar to Rights and limitations of patentee (20)
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Military Commissions details LtCol Thomas Jasper as Detailed Defense Counsel
Rights and limitations of patentee
1.
2. Patentee is a person for the time being entered in
the register of patents as the grantee or proprietor
of patent. Patentee is the one to whom patent has
been granted. Patentee is entitled to deal with his
such property in the same manner as the owner of
any other movable property deals with his
property.
3. Rights of the patentee are enshrined under section
48 of the Patents Act, 1970.
All rights granted to patentee are conditional
which are imposed under section 47 of the Act.
Such conditions are :
1. Manufacture or import of the patented invention may be
made by the government for the purpose of its own use.
2. Any process in respect of which the patent is granted
may be used by or on behalf of the government for the
purpose merely of its own use.
4. 3. Any patented process/product may be used for the
purpose of experiment or research or imparting of
knowledge to pupils.
4. In case of a patent in respect of any medicine or drug, the
medicine or drug may be imported by the government for
the purpose merely of its own use or for distribution in
any dispensary , hospital or other medical institution
maintained by or on behalf of the government.
5. Patentee has been enshrined with following rights :
Where the patent is for a product, the exclusive right to
prevent third parties, who do not have his consent, from
act of making, using, offering for sale, selling or
importing for those purposes that product in India.
Where the subject matter of patent is a process, the
exclusive right to prevent third parties, who do not have
his consent, from the act of using that process, and from
the act of using, offering for sale, selling or importing for
those purposes the product obtained directly by that
process in India.
6. The rights conferred under the Act are:
To exploit the patent.
To license the patent to another (sec.70).
To assign the patent to another (sec.70).
To surrender the patent to another(sec.63).
To sue for the infringement of the patent.
7. The Act provides certain limitations on the exercise
of rights. They are:
1) Government use of patent.
2) Compulsory licenses.
3) Use of inventions for Defence purposes.
4) Revocation for non working of patents.
5) Restored patents.
8. 1) Government use of patent:
• Section 100 of the provides that at any time after the
application for a patent had been filed at the patent office or
patent has been granted, the central government may use the
invention for government purposes.
• May be used or even acquired for its own use.
• Can do without consent of patentee or even without payment
of royalties.
• Includes right to sell.
9. 2) Compulsory licenses
• Section 84 stipulates that at any time after the expiration
of three years from the date of grant of patent, any
interested person may make an application to the
controller for grant of compulsory license on patent, if
the patent is not worked satisfactorily to meet the
reasonable requirements of the public, at a reasonable
price.
3) Use of inventions for defence purposes
• Such patents may be subject to certain secrecy provisions.
10. 4) Revocation for non working of patents
• A patent may be revoked in cases where there has been
no work or unsatisfactory result to the demand of public
in respect of patented invention.
5) Restored patents
• Once lapsed, a patent may be restored, provided that
few limitations are imposed on the right of the patentee.