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The economic effects of intellectual property reform in India is a complex subject area, and would require a separate detailed article. A beginning may be made by referring to Sunil Kanwar and Stefan Sperlich (2020), [18] who study the effect of intellectual property reform on technological advancement and productivity increases in manufacturing industry in the emerging market context of India.
Indian trademark law statutorily protects trademarks as per the Trademark Act, 1999 and also under the common law remedy of passing off. [1] Statutory protection of trademark is administered by the Controller General of Patents, Designs and Trade Marks, a government agency that reports to the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce and Industry.
Patents disclose to society how an invention is practiced, in return for the right (during a limited term) to exclude others from manufacturing, selling, offering for sale or using the patented invention without the patentee's permission. Patent offices deal with prior art searches in the context of the patent granting procedure.
In order to keep the patent rights for the entire period, India's Patent Act has made it mandatory for the patent holders to pay a renewal fee. [17] Once the patent is granted the patentee does not need to pay a renewal or maintenance fee for the first two years. The first renewal fee will be payable from the third year onwards. [18]
Patent infringement is an unauthorized act of - for example - making, using, offering for sale, selling, or importing for these purposes a patented product. Where the subject-matter of the patent is a process, infringement involves the act of using, offering for sale, selling or importing for these purposes at least the product obtained by the patented process. [1]
In patent law, the research exemption or safe harbor exemption is an exemption to the rights conferred by patents, which is especially relevant to drugs.According to this exemption, despite the patent rights, performing research and tests for preparing regulatory approval, for instance by the FDA in the United States, does not constitute infringement for a limited term before the end of patent ...
Set up in 2001, as a collaboration between the Council of Scientific and Industrial Research (CSIR) and then-Ministry of Health and Family Welfare (India) the objective of the library is to protect the ancient and traditional knowledge of the country from exploitation through biopiracy and unethical patents, by documenting it electronically and classifying it as per international patent ...
Lex loci protectionis (Latin: "[the] law of the place where the protection is [claimed]") is a choice of law rule applied to cases concerning the infringement of intellectual property (IP) rights, such as copyrights or patents.