Definition of a Patent:- A patent is a collection of exclusive rights awarded for a short period following a successful application procedure over any item, substance, technique, or process that is novel, useful and is an invention. It is a properly registered right provided by the nation of registration, similar to trade marks. The patent…
Section 47 of the Act gives the penalty for the violation of Section 27. Section 27 talks about the Division of Undertakings that talks about the transfer or vesting of property, rights, liabilities, obligations, and so on. If this action is contravened then the person will be punishable with imprisonment for a term extending to…
Unfair Trade Practice is defined by Section 36A of the Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act), as “A trade practice, which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any services adopts any unfair method or unfair or deceptive practice including oral,…
Monopoly is generally defined as a situation where there is just one vendor in the market. The monopoly situation is considered the polar opposite of perfect competition in traditional economic theory. As a result, the monopolist has great control over the price it charges, implying that it is a price maker rather than a price…
Novartis International AG vs Union of India Novartis International AG, a Swiss pharmaceutical giant, declined a patent for them to introduce a cancer drug known as Glivec. Our Country India was and still is a developing country and decided to join the World Trade Organisation (WTO) in 1995 to start providing patents. It was noticed…
The TRIPS agreement stands for Trade-Related Aspects of Intellectual Property Rights and is a basic standards agreement that permits the member countries to provide wider protection for their intellectual property if they wish. The Members are free to choose the best manner for implementing the agreement’s provisions within their respective legal system and practice. The…
Section 55 (1) says that if the copyright of an owner’s work has been infringed, then he is entitled to all kinds of remedies that the Copyright Act, 1957 provides, which includes an injunction, damages, accounts, etc. The plaintiff shall not be entitled to any remedy other than an injunction in respect of the infringement…
Introduction:- Copyright is a set of ‘exclusive’ rights that provide authors the opportunity to control how their work is used and make money from it. These rights constituted aims to prevent the public from using your work without giving due credit. The Copyright, 1957, allows artists to be compensated for their labour, which fosters the…
INTRODUCTION IP rights subsists with those works which are produced by theintellect of a human.It can be literary work, musical work, inventions, etc. It is an intangible form of property. No one can make use of IP without the consent of the owner. The main objective of IP law is to protect their rights of…
INTRODUCTION :-. In a literal sense , copyright means an exclusive rights over a new things . If any person do any creativity which is different from the others then they got a right on that creativity . In ancient time creative person like artist , musicians , writers made or composed or wrote their…
