Professional Documents
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for developing countries after the agreements in TRIPS, was concluded during the Uruguay round of negotiations in 1994 .
The objective of the agreement was to reduce distortions
to international trade.
This focuses only on copyrights and related rights,
designations
WHAT IS A PATENT ?
DEFINITION OF PATENT
A patent is an exclusive right granted for an invention
of a product or process that provides a new way of doing something, or that offers a new technical solution to a problem.
Patent protection is provided for 20 years.
their creativity.
Incentives encourage innovation.
CONDITIONS OF PATENTABILTY
Industrial applicability
Novelty
Inventive Step Patentable subject matter
parties.
WHAT IS A TRADEMARK ?
TRADEMARK
A trademark is a distinctive sign that identifies certain goods or
services .
Produced by an individual or a company. A trademark can be a word, symbol, phrase or object. It helps consumers to identify and purchase a product or service
TRADEMARK
IN INDIA
2002.
The definition under the Act includes products as well as
of minimum imprisonment of six months and fine of Rs.50, 000 and maximum punishment of three years imprisonment and fine of Rs.2, 00,000.
actual goods under the mark are not traded eg: restaurant and hotel services, beauty and health care
Collective Trademarks- is used to inform the public about the
particular feature of the product for which the collective mark is used
Certification Trademarks- are used to define standards.
of an article. A design may consist of three-dimensional features, such as the shape or surface of an article,or two-dimensional features, such as patterns, lines or color.
marketability.
Benefits consumers and the public at large. Helps to promote economic development. Industrial designs can be relatively simple and inexpensive to develop and protect
competition law
originality.
Designs that are considered to be dictated exclusively by the
GEOGRAPHICAL INDICATIONS
produced in a specific area of Italy or Roquefort for cheese produced in that region of France.)
Human factors Place of origin
APPELLATION OF ORIGIN
A specific quality exclusively or essentially due to the geographical
environment.
E.g. Habana for tobacco grown in the Havana region of Cuba.
Prosciutto di Parma or Parma ham for ham produced in the Parma province of Italy
years ago in the French town of Dijon, has, over time, come to denote mustard of that kind made in many places
related to copyright.
performances.
Producers of phonograms (for example, compact discs) in
programs. Works covered by copyright include, but are not limited to: Novels, poems, plays, reference works, newspapers, advertisements, computer programs, databases, etc.
For example: Questions involving disputes over ownership or creation, financial transactions, sales, assignments and transfer of rights.
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