INTELLECTUAL PROPERTY RIGHTS

CLASS TEST

Submitted by: Thaneshwar Jangid

LL.M (Corp) – 2nd Sem.

Ans. 2

The Intellectual Property Law was inculcated with simple motive of protecting the new development
in a particular industry which in turn promotes the rate of invention and development. This
protection provided by the law gives the creator of the invention to have an exclusive right over the
development’s or invention’s use and exploitation for a certain period of time. The IP is considered
to be an original creative work which may be artistic, literary, technical or scientific.

Following law is majorly associated with protection of IP in product protection:

Patent Law: Patent law acknowledges a patent holder's exclusive right to commercially benefit from
his creation. A patent is a particular right granted to the owner of an invention to produce, use, and
market the invention, as long as the innovation complies with certain legal requirements. A patent
holder's exclusive right implies that no one else may make, use, or promote an invention without his
or her permission. This exclusive patent privilege is only valid for a short period.

Rights associated with it:

1. Right to restrict third parties from manufacturing, using, selling, or offering for sale patented
items in India. In addition, the Patentee can prevent third parties from bringing the
protected goods without authorization.
2. Companies might position their technologies as distinct from current technologies and
pursue a new business line as a result.
3. Negotiations, licensing, selling, technology transfer, licensing, and commercialization are
examples of actions that give the Patent Holder with market monetization prospects.
4. The creation of a niche market for patented items, in which consumers are only able to buy
the patent holder's product.

Ans. 1

Intellectual property includes inventions, literary and creative works, designs and symbols, names,
and photographs utilized in commerce. For example, patents, copyright, and trademarks are legal
rights that allow people to earn monetarily or receive notoriety from what they produce or create.
By striking the right balance between inventors' interests and the greater public interest, the IP
system aims to create an atmosphere conducive to creativity and innovation.
Areas of Intellectual Property:

1. Copyright:
The legal rights that writers and artists have over their literary and creative creations are
referred to as copyright. Copyright protects books, music, art, sculpture, and films, as well as
computer programs, databases, advertisements, maps, and technical drawings.
2. Patents:
A patent, which is an exclusive right granted to the creator, protects an innovation. A patent
grants the patent owner the authority to decide how - or if - others can use his or her
invention. In return for making technical information about the invention publicly available
in the published patent document, the patent owner gives up this right.
3. Trademarks:
A trademark is a sign that differentiates the goods or services of one firm from those of
another. Artists used to sign their works with their signature or "mark" in ancient times, and
trademarks trace back to that period.
4. Industrial Designs:
An industrial design is a product's decorative or aesthetic feature. Three-dimensional
features, such as an article's shape or surface, or two-dimensional elements, such as
patterns, lines, or colour, can be used to create a design.
5. Geographical Indications:
Geographical indications are markings placed on things that have a specific geographical
origin and have traits, a reputation, or characteristics that are mostly due to that locality.
The name of the items' origin is frequently included in a geographical indicator.
6. Trade Secrets:
Trade secrets are intellectual property rights on sensitive information that may be sold or
licensed. Unauthorized acquisition, use, or disclosure of trade secrets by others in a way that
is inconsistent with honest commercial practices is regarded an unfair practice and a breach
of trade secret protection.

Ans. 3

Since Gurmeet is looking for protection of a process used in the development of product and not the
product itself, such process will be safeguarded under Patent Law only, however under the Process
Patent.

A Process Patent is issued for a specific manufacturing method rather than for the product itself. Any
other individual can make the identical thing by adjusting the various parameters in a separate
Process. Because of the potential of alternative production processes, the conclusion is that there
will be several producers for the same product.

The Process Patent regime has a flaw in that it provides less protection to the innovator.
Competitors are prone to reengineering the original idea by devising a new procedure that requires
less effort and money. The advantage of a process patent regime is that it minimizes the monopoly
factor.
Cases:

Shogun Organics Ltd v. Gaur Hari Guchhait:

In this case, it was held that disclosure of process to the Government department or any authority
would not amount to prior use, according to Section 30 of the Patents Act.

Dimminaco AG vs Controller of Patents, 2002

The Calcutta High Court's historic ruling on the procedure of producing a Bursitis virus-containing
vaccine revolutionized the practice, and today the word "industrial application" is used to interpret
the concept of innovation.