presentation on business law

KLE's BCA & BBA College, Chikodi. 23/08/2014

WELCOME…

23/08/2014KLE's BCA & BBA College, Chikodi.

KLE's BCA & BBA College, Chikodi.

PRESENTATION ON PATENTS & COPY RIGHTSPresenting by :- Subbarao

SonaliUmesh

AbhimanyuPraveen

23/08/2014

WHAT IS PATENT?

A Patent is, “an exclusive right granted by a country to the owner of an invention to make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law”


CHARACTERISTICS OF PATENT :- If more than two persons have jointly

applied for patent license, both will own the patent separately

Inspite of the ownership of the rights, the use or exploitation of the rights by the owner of the patent may not be possible due to other laws of the country which has awarded the patent. these laws may related to health, safety, food, security, etc.

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As the right is compared by the state, it can be revoked by the state under very special circumstances even if the patent has been sold or licensed or manufactured or marketed in the meantime.

The patent right is territorial in nature and inventors/their assignees will have to file separate patent applications in countries of their interest along with necessary fees, for obtaining patents in those countries.

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A Patent is the law is a property right and hence, can be gifted inherited, assigned, sold or licensed.

A new chemical process or a drug molecule or an electronic circuit or a new surgical instrument or a vaccine is a patentable subject-matter provided all the stipulations of the law are satisfied.

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INDIAN PATENT ACT,1970

Patent protection was introduced in 18th century. Head office at culcutta. I P act,1970 grants exclusive right to the inventor for his

invention for limited period of time.(20 yrs) Patent registration can be filed individually or jointly.

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CONTINUED… All the required documents need to be

filed along with the application form. only after verification registration certificate is provided to the applicant.

Invention relating to manufacturing of food or drugs or medicine it is seven years from the date of patent.

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APPLICATION FOR PATENTS :-

An application for obtaining a patent can be filled at respective office by :-

A true and first inventor A person/company who is an assignee of first

and true inventor A legal representative of the first and true

inventor.

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REGISTRATION OF PATENTS :- Patents are registered with the

controller general of patents, designs and trademark. The head office in Calcutta, with branch offices in Delhi, Mumbai and Chennai.

Once specification is accepted, the notice of patent is advertised in governments official gazette. three months time is given for notice of opposition.

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For items as food or medicine,the process patent is granted for five years from the date of selling or seven year from date of patent.

Beside this process,the govt may on a reciprocal basis, declare only there country as a “convention” country,for the purpose of fulfilling any treaty.

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GRANT OF PATENT :-1) The grant of patent under this act shall be subject to

the condition that:- Any machine, apparatus, or other article in respect of

which the patent is granted or any article made by using a process in respect of which the patent is granted, may be imported or made by or on behalf of the govt for the purpose merely of its own use.

Any process in respect of which the patent is granted may be used by or on behalf of the purpose merely of its own use.

Any machine, apparatus, or other article in respect of which the patent is granted or any article made by the use of the process in respect of which the patent is granted, may be made or used, by any person, for the purpose merely of experiment or research including the imparting of instructions to pupils.

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2) On the grant of patent, the controller shall publish the fact that the patent has been granted & thereupon the application, specification, & other documents related there to shall be open for public inspection.

3) Every patent shall be dated has of the date on which the application for patent was filed. The of every patent shall be entered in the register.

4) Every patent shall be in the form of specified in the Third Schedule. Every patent shall have effect throughout India. A patent shall be granted for one invention only. 23/08/2014

WHAT IS COPYRIGHT? Meaning : Copyright is a right, which is

available for creating an original literary or dramatic or musical or artistic work.

Example : computer programs, software.

“Copyright is a right given by the law to creators of the literary, dramatic, musical and artistic works and procedures of cinematography films and sound recordings ”

23/08/2014KLE's BCA & BBA College, Chikodi.


INDIAN COPYRIGHT ACT,1957 Classes of works for which Copyrights

protection is Available in India.i. Artist Workii. Dramatic Workiii. Literary Workiv. Computer Programv. Musical Workvi. Cinematograph Filmvii. Sound Recording

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TERM/DURATION OF COPYRIGHT.1)The term of the copy right in any literary, domestic,

musical or artistic work (other than a photograph) is :

if published within the lifetime of the author until 60 years from the beginning of the calendar year, next following the year in which the author dies.

If published anonymously until, 60 years from the beginning of the calendar year next following the year in which the work is first published. If, however, the identify of the author is disclosed before the expiry of the said period, then copyright shall subsist as per (i) above.

In posthumous works, until 60 years from the calendar year next following the year in which the work is first published.

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2) The term of the copyright in case of photographs, cinematograph film, sound recording, government work, work of public undertaking & works of international organization, shall subsist until 60 years from the beginning of the calendar year next following the year in which the work is first published.

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REGISTRATION OF COPYRIGHT :-

The registration contains the following :- Literary works other than computer

programs, tablets, and compilations, including computer databases and Dramatic works

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