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Infringement under the patent law in Japan is defined by Article 68 and Article 101 of Patent Act (Act No. 121 of 1959). [24] Article 68 sets out the following types of infringement: Where the invention is a product, by making, using, assigning, etc., importing, exporting or offering for assignment, etc. of the product as a business.
"Indian trademark law" statutorily protects trademarks as per the Trademark Act, 1999 and also under the common law remedy of passing off. [9] Statutory protection of trademark is administered by the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce and Industry.
According to Section 60 of The Patents Act, 1970, an application for the restoration of the patent can be made by the patentee or their legal representative and the petition should be applied to the controller at the Indian Patent Office (IPO) within eighteen months from the date at which the patent ceases to have an effect. [20]
An intellectual property (IP) infringement is the infringement or violation of an intellectual property right. There are several types of intellectual property rights, such as copyrights, patents, trademarks, industrial designs, plant breeders rights [1] and trade secrets. Therefore, an intellectual property infringement may for instance be one ...
Under the Indian Patent Act (1970), "inventions" are defined as a new product or process involving an inventive step and capable of industrial application. [7] Thus the patentability criteria largely involves novelty, inventive step and industrial application or usability of the invention.
The making of an item in China, for example, that would infringe a US patent, would not constitute infringement under US patent law unless the item were imported into the US. [59] Infringement includes literal infringement of a patent, meaning they are performing a prohibited act that is protected against by the patent.
In United States patent law, patent misuse is a patent holder's use of a patent to restrain trade beyond enforcing the exclusive rights that a lawfully obtained patent provides. [1] If a court finds that a patent holder committed patent misuse, the court may rule that the patent holder has lost the right to enforce the patent.
The Indian Patent Law specifically does not mention the designation of "Patent Attorney". Therefore, there are different roles for patent attorney and patent agent in India. Indian Patent Office conducts a qualifying examination for patent agent registration yearly (earlier, it was twice a year).