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Indian Patent Law and Practice

Indian Patent Law and Practice
Author: K.C. Kankanala
Publisher: OUP India
Total Pages: 377
Release: 2012-09-06
Genre: Law
ISBN: 0198089600

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This book is a practical and comprehensive reference work on Indian patent law covering various aspects of patent law and focusing on relevant cases and illustrations.


Patent Law in India

Patent Law in India
Author: M. B. Rao
Publisher: Kluwer Law International B.V.
Total Pages: 442
Release: 2010-01-01
Genre: Law
ISBN: 9041132600

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This masterful analysis of patent law in India, by two of India's most distinguished jurists, investigates thoroughly the scope of the possible answers to these crucial questions. Recognizing the character of the revolution taking place in patent law globally under the regime of multinational corporations - and India's central role in its development - Dr. Rao and Dr. Manjula Guru's analysis focuses on the patenting of substances arising out of advances in biotechnology, genetically engineered products, and computer-related devices. But they do not neglect the practical details of application, registration, and proceedings as constituted under the amended law; in fact, this book is the most detailed and insightful procedural and practice guide to the subject we have. Topics and areas of practice covered include the following: * patent for new use of a known product; * prescribed form of application; * entry in the Register; * powers of the Controller of Patents; * opposition and revocation proceedings; * addition and restoration of lapsed patents; * defences and reliefs in infringement proceedings; * compulsory licensing; * experimental use; * international arrangements for grants of patents simultaneously by several countries; * anti-competitive practices; and * exclusive marketing rights.


Patent Law

Patent Law
Author: Adarsh Ramanujan
Publisher: Wolters Kluwer India Pvt. Ltd.
Total Pages: 1720
Release: 2020-09-01
Genre: Law
ISBN: 9389859603

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It is a casebook on patent law that involves comparative jurisprudence tailored for India. The book is best described by highlighting the following features: (1) Casebook format - The casebook format suits practitioners and judges. It allows the reader to independently interpret and assess the implication of each caselaw, which forms a vital component of the practice of law. The reader is assisted towards this objective by only containing extracts of the relevant portions of the judgment. Even from an academic perspective, it provides an unfiltered view of the law, better than any unnecessary prose. (2) Comparative approach - For each topic of patent law, the book would provide a single point congregation of the relevant Indian provisions and extracts from relevant caselaw across India, the UK, the EU and the USA. This approach is ideal for India, where jurisprudence on the subject is limited. Courts, practitioners, and the Patent Office often resort to such a comparative approach to learn from the experiences of other jurisdictions. (3) Notes - Author's notes before and after each caselaw or topic fulfil four purposes: (i) set the context for the reader; (ii) critique the caselaw or to bring focus on to issues that arise in practice; (iii) contextualize the discussion to the Indian statute; and (iv) examine the historical perspective, including the legislative history. (4) Focus on law - it is a no-nonsense, no-rhetoric book, focussing on the law, its interpretation and application.


India and the Patent Wars

India and the Patent Wars
Author: Murphy Halliburton
Publisher: Cornell University Press
Total Pages: 261
Release: 2017-11-15
Genre: Social Science
ISBN: 1501713981

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India and the Patent Wars contributes to an international debate over the costs of medicine and restrictions on access under stringent patent laws showing how activists and drug companies in low-income countries seize agency and exert influence over these processes. Murphy Halliburton contributes to analyses of globalization within the fields of anthropology, sociology, law, and public health by drawing on interviews and ethnographic work with pharmaceutical producers in India and the United States. India has been at the center of emerging controversies around patent rights related to pharmaceutical production and local medical knowledge. Halliburton shows that Big Pharma is not all-powerful, and that local activists and practitioners of ayurveda, India’s largest indigenous medical system, have been able to undermine the aspirations of multinational companies and the WTO. Halliburton traces how key drug prices have gone down, not up, in low-income countries under the new patent regime through partnerships between US- and India-based companies, but warns us to be aware of access to essential medicines in low- and middle-income countries going forward.


Patent Law And Practices

Patent Law And Practices
Author: Dr. Ambedkar NS
Publisher: Academic Guru Publishing House
Total Pages: 212
Release: 2023-09-19
Genre: Study Aids
ISBN: 8119832655

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In India, the patent process began with Act VI of 1856. The primary goal of the Act was to incentivize the development of innovative and useful manufactured goods and to encourage inventors to publicly disclose their creations. Since it had been passed without the consent of the British government, Act IX of 1857 revoked it. Act XV of 1859 provided new laws for awarding “exclusive privileges.” Changes from the previous law include limiting the granting of patent monopolies to really valuable innovations and increasing the priority period from six to twelve months. The Act specifically disqualified importers from being considered an innovator. After then, in 1872, 1883, and 1888, the Act was revised. Intellectual property law & intellectual property violation are worldwide issues because of the proliferation of international commerce and the dissemination of knowledge. Consistent advances in technology force changes to and expansions of existing intellectual property systems. The advent of novel technologies like digital recording, the World Wide Web, and genetic engineering has opened up exciting new possibilities and risks. Trade, economic growth, intellectual and cultural development, the gathering and sharing of knowledge, and the more pedestrian purchase and sale of products and services are all aspects of this ever-evolving and important topic. To help the general public understand the legislative framework, practice, and procedure of intellectual property protected through patents, trademarks, copyrights, designs, and geographical indications, this book has been written to give readers a broad overview and deep understanding of patent law.


Innovation, Economic Development, and Intellectual Property in India and China

Innovation, Economic Development, and Intellectual Property in India and China
Author: Kung-Chung Liu
Publisher: Springer Nature
Total Pages: 513
Release: 2019-09-06
Genre: Law
ISBN: 981138102X

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This open access book analyses intellectual property codification and innovation governance in the development of six key industries in India and China. These industries are reflective of the innovation and economic development of the two economies, or of vital importance to them: the IT Industry; the film industry; the pharmaceutical industry; plant varieties and food security; the automobile industry; and peer production and the sharing economy. The analysis extends beyond the domain of IP law, and includes economics and policy analysis. The overarching concern that cuts through all chapters is an inquiry into why certain industries have developed in one country and not in the other, including: the role that state innovation policy and/or IP policy played in such development; the nature of the state innovation policy/IP policy; and whether such policy has been causal, facilitating, crippling, co-relational, or simply irrelevant. The book asks what India and China can learn from each other, and whether there is any possibility of synergy. The book provides a real-life understanding of how IP laws interact with innovation and economic development in the six selected economic sectors in China and India. The reader can also draw lessons from the success or failure of these sectors.


Indian Patents Law

Indian Patents Law
Author: Ajit Parulekar
Publisher:
Total Pages: 153
Release: 2006
Genre: Patent laws and legislation
ISBN: 9781403930361

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The Patent Law in India is in a stage of transition, given the continuing discussions under the WTO Agreement on Trade Related Intellectual Property Rights (TRIPs). This compilation of the proceedings of the GIM Patents Symposium 2005 strives to demysti


Patent Cultures

Patent Cultures
Author: Graeme Gooday
Publisher: Cambridge University Press
Total Pages: 380
Release: 2022-07-07
Genre: Law
ISBN: 9781108468886

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This book explores how dissimilar patent systems remain distinctive despite international efforts towards harmonization. The dominant historical account describes harmonization as ever-growing, with familiar milestones such as the Paris Convention (1883), the World Intellectual Property Organization's founding (1967), and the formation of current global institutions of patent governance. Yet throughout the modern period, countries fashioned their own mechanisms for fostering technological invention. Notwithstanding the harmonization project, diversity in patent cultures remains stubbornly persistent. No single comprehensive volume describes the comparative historical development of patent practices. Patent Cultures: Diversity and Harmonization in Historical Perspective seeks to fill this gap. Tracing national patenting from imperial expansion in the early nineteenth century to our time, this work asks fundamental questions about the limits of globalization, innovation's cultural dimension, and how historical context shapes patent policy. It is essential reading for anyone seeking to understand the contested role of patents in the modern world.


Biotechnology and Intellectual Property Rights

Biotechnology and Intellectual Property Rights
Author: Kshitij Kumar Singh
Publisher: Springer
Total Pages: 270
Release: 2014-10-27
Genre: Law
ISBN: 8132220595

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This book offers a valuable contribution to contemporary legal literature, providing deep insights into the interface between law and genetics, highlighting emerging issues and providing meaningful solutions to current problems. It will be of interest to a broad readership, including academics, lawyers, policy makers and scholars engaged in interdisciplinary research. In the context of examining and analyzing the legal and social implications arising from the recent conjunction of biotechnology and intellectual property rights, the book particularly focuses on human genes and gene variations. Emphasis is placed on “patent law,” as a considerable percentage of genetic inventions are covered by patents. The book presents a comparative and critical examination of patent laws and practices related to biotechnology patents in the United States, Canada, European Union and India, in order to gather the common issues and the differences between them. The international patent approach regarding biotechnology is also analyzed in light of the constant conflict between differentiation and harmonization of patent laws. The book highlights the potential gaps and uncertainties as to the scope of numerous terms such as invention, microorganisms, microbiological processes, and essential biological processes under TRIPS. Also analyzed are the social and policy implications of patents relating to genetic research tools and genetic testing. The intricacies involved in providing effective intellectual property protection to bioinformatics and genomic databases are also examined. Bearing in mind the collaborative nature of bioinformatics and genomic databases, the book evaluates the pros and cons of open biotechnology and assesses the implications of extending intellectual property rights to human genetic resources, before explaining the ownership puzzle concerning human genetic material used in genetic research.