This is a PPT on the Kilta Case. It is useful for BA.LLB, BBA.LLB and LLM students for IPR. Students should refer to textbooks and reference books for in-depth study.
Patenting and Regulatory Requirements of Natural Products.pptxSonaliGadge4
Intellectual property is the property possessed by virtue of one’s intellectual creativity.
Intellectual property rights (IPR) are exclusive rights to make, use and sell a new product or technology for a limited period.
This document discusses intellectual property rights (IPR) and patents in India. It defines intellectual property and IPR, and outlines the types of intellectual property including patents, designs, trademarks, geographical indications, and copyright. It then discusses the history and development of patent laws in India, prerequisites for a patent, and differences between the Indian and US patent acts. The document also outlines the patent procedure in India and types of special patents including for textiles, electronics, software, food, pharmaceuticals, and microorganisms.
This document discusses intellectual property rights (IPR) legislation and patents in India. It provides an overview of the major IPR legislations in India covering patents, designs, trademarks, copyright, integrated circuits, trade secrets, geographical indications, and plant varieties. It also discusses requirements for patent registration, international IPR treaties and agreements India is a signatory to, types of patents, and limitations of patents. The document focuses on the Patents Act of 1970 and key aspects of the Indian patent system such as patentable and non-patentable inventions. It also distinguishes between process and product patents.
The document provides an overview of patent law in India under the Patents Act. It discusses what constitutes a patent, the objectives of patent law, rights conferred by a patent, requirements for a patent to be granted, non-patentable inventions, process and product patents, surrender and revocation of patents, and infringement of patents. The key points are:
1) A patent provides a monopoly right over an invention for a limited period of time (usually 20 years) in exchange for public disclosure of the invention.
2) The main objectives of patent law are to encourage research and innovation, protect inventors' interests, and promote fair trade practices.
3) To be granted a patent, an invention
Patent law provides exclusive rights to inventors for a limited period of time in exchange for publicly disclosing their inventions. India's patent law has evolved over time from the first patent law in 1856 to the modern law of 1970 which was amended in 1999 and 2005. The law provides for both product and process patents with a term of 20 years. It includes safeguards for compulsory licensing and parallel imports to ensure availability of medicines. The patent office has been modernized with increased examiners and IT systems to improve patent administration.
Patentable and Non Patentable Inventionsegoistic_ek
The document provides information on patentable and non-patentable inventions under Indian patent law. It discusses what constitutes a patent, requirements for an invention to be considered patentable such as novelty, non-obviousness, and industrial applicability. Biotechnological inventions are discussed, including examples of patentable subject matter such as genetically modified organisms, DNA/protein sequences. The document also outlines acts and sections of Indian patent law that define non-patentable subject matter such as discoveries, plants/animals, and traditional knowledge.
The document provides an overview of intellectual property rights (IPR) and patents in India. It defines what a patent is, the requirements for patentability, and types of inventions that can and cannot be patented under Indian law. It discusses the history of patent acts in India, the key provisions of the Patents Act of 1970, and requirements for filing a patent application such as specifications, fees, and documents needed. It also summarizes rules around patent renewal, restoration, and filing abroad.
A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.
To get a patent, technical information about the invention must be disclosed to the public in a patent application.
The patent is usually referred to as the right granted to an inventor for his Invention of any new, useful, non-obvious process, machine, article of manufacture, or composition of matter
Patenting and Regulatory Requirements of Natural Products.pptxSonaliGadge4
Intellectual property is the property possessed by virtue of one’s intellectual creativity.
Intellectual property rights (IPR) are exclusive rights to make, use and sell a new product or technology for a limited period.
This document discusses intellectual property rights (IPR) and patents in India. It defines intellectual property and IPR, and outlines the types of intellectual property including patents, designs, trademarks, geographical indications, and copyright. It then discusses the history and development of patent laws in India, prerequisites for a patent, and differences between the Indian and US patent acts. The document also outlines the patent procedure in India and types of special patents including for textiles, electronics, software, food, pharmaceuticals, and microorganisms.
This document discusses intellectual property rights (IPR) legislation and patents in India. It provides an overview of the major IPR legislations in India covering patents, designs, trademarks, copyright, integrated circuits, trade secrets, geographical indications, and plant varieties. It also discusses requirements for patent registration, international IPR treaties and agreements India is a signatory to, types of patents, and limitations of patents. The document focuses on the Patents Act of 1970 and key aspects of the Indian patent system such as patentable and non-patentable inventions. It also distinguishes between process and product patents.
The document provides an overview of patent law in India under the Patents Act. It discusses what constitutes a patent, the objectives of patent law, rights conferred by a patent, requirements for a patent to be granted, non-patentable inventions, process and product patents, surrender and revocation of patents, and infringement of patents. The key points are:
1) A patent provides a monopoly right over an invention for a limited period of time (usually 20 years) in exchange for public disclosure of the invention.
2) The main objectives of patent law are to encourage research and innovation, protect inventors' interests, and promote fair trade practices.
3) To be granted a patent, an invention
Patent law provides exclusive rights to inventors for a limited period of time in exchange for publicly disclosing their inventions. India's patent law has evolved over time from the first patent law in 1856 to the modern law of 1970 which was amended in 1999 and 2005. The law provides for both product and process patents with a term of 20 years. It includes safeguards for compulsory licensing and parallel imports to ensure availability of medicines. The patent office has been modernized with increased examiners and IT systems to improve patent administration.
Patentable and Non Patentable Inventionsegoistic_ek
The document provides information on patentable and non-patentable inventions under Indian patent law. It discusses what constitutes a patent, requirements for an invention to be considered patentable such as novelty, non-obviousness, and industrial applicability. Biotechnological inventions are discussed, including examples of patentable subject matter such as genetically modified organisms, DNA/protein sequences. The document also outlines acts and sections of Indian patent law that define non-patentable subject matter such as discoveries, plants/animals, and traditional knowledge.
The document provides an overview of intellectual property rights (IPR) and patents in India. It defines what a patent is, the requirements for patentability, and types of inventions that can and cannot be patented under Indian law. It discusses the history of patent acts in India, the key provisions of the Patents Act of 1970, and requirements for filing a patent application such as specifications, fees, and documents needed. It also summarizes rules around patent renewal, restoration, and filing abroad.
A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.
To get a patent, technical information about the invention must be disclosed to the public in a patent application.
The patent is usually referred to as the right granted to an inventor for his Invention of any new, useful, non-obvious process, machine, article of manufacture, or composition of matter
The document discusses types of intellectual property rights (IPR) in India and patents. It outlines the main legislations covering different types of IPR in India, including patents, designs, trademarks, copyright, integrated circuits, trade secrets, geographical indications, and plant varieties. It also discusses key aspects of the patent system in India such as registration, international treaties, requirements for patents, limitations of patents, the Patents Act of 1970, patentable and non-patentable inventions, process versus product patents, and the patent filing process.
The document provides an overview of patents and non-patentable inventions under Indian law. It discusses that a patent is an intangible asset granted by the government for a single invention that provides a 20-year monopoly. Certain types of inventions are not patentable, including those that are frivolous, contrary to natural laws, public order or morality. The requirements for patent specifications and various types of patent applications are also outlined.
1) Dimminaco A.G filed a patent application for a process to prepare a bursitis vaccine containing a living virus. The patent application was rejected on grounds that it did not constitute an "invention" under the Patent Act.
2) The key issues before the Court were whether a process producing an end product with a living organism can be patentable, and if the claimed process would constitute a "manner of manufacture".
3) The Court held that there is no bar to patenting such processes. Since the claimed process was a novel method of vaccine preparation involving defined chemical steps, it was a patentable "manner of manufacture" under the Act.
Intellectual property rights (IPR) refer to the legal ownership of intellectual property such as inventions, literary works, symbols and designs. IPR is limited by duration, scope, and geography. The importance of IPR was first recognized in the Paris Convention of 1883 and Berne Convention of 1886, which are administered by the World Intellectual Property Organization (WIPO). IPR promotes innovation and creativity by granting time-limited ownership rights over intellectual commodities and creations of the mind.
This document discusses various types of intellectual property including patents, trademarks, copyrights, industrial designs, and trade secrets. It provides examples and requirements for each type of intellectual property. Key points include:
- Patents protect inventions and provide exclusive rights for a limited time. Requirements include novelty, inventiveness, and industrial application.
- Trademarks protect unique identifiers and brands. They must be distinctive and not descriptive.
- Copyright protects original creative works like books and art. It does not require registration.
- Trade secrets protect confidential business information and formulas by keeping them secret. They provide indefinite protection without registration.
The document discusses intellectual property rights, with a focus on patents. It provides background on patents, including their history, properties, and types of protection. It discusses patenting of microbes specifically in the UK, US, India, and under the World Intellectual Property Organization. Key requirements for patents include novelty, inventiveness, utility, and adequate disclosure. The document also covers patent claims and scope of protection.
The document discusses various grounds for opposing patents in India, including pre-grant and post-grant opposition. It provides examples of prior art, lack of inventive step, insufficient disclosure, and failure to disclose foreign applications that can be used as grounds for opposition. Oppositions must include a notice of opposition, applicable fees, and evidence to support the specific grounds being raised.
The document discusses various grounds for opposing patents in India, including pre-grant and post-grant opposition. It provides examples of prior art, lack of inventive step, insufficient disclosure, and failure to disclose foreign applications that can be used as grounds for opposition. Oppositions must include a notice of opposition, applicable fees, and evidence to support the specific grounds being raised.
The document provides an overview of intellectual property rights (IPR) and patents. It defines IPR as exclusive rights granted to authors for their creations. There are different types of IPR including patents, trademarks, copyrights, industrial designs, geographical indications, and trade secrets. The document then discusses patents in more detail, noting that a patent is a contract with the government that provides a limited monopoly in exchange for sufficient disclosure of an invention. It provides examples of patentable subject matter and exclusions, the patent filing process, and benefits of obtaining a patent.
Indian patent act - 1970 - definitions, history, types, terms, inventions patentable and non-patentable, patent filling procedure, rights of a patentee, offences and penalties.
The document provides information about intellectual property rights (IPR) and patents. It defines IPR as exclusive rights granted to authors for their creations. It lists different types of IPR including patents, trademarks, copyrights, industrial designs, geographical indications, and trade secrets. The document then discusses patents in more detail, defining a patent as a contract with the government that provides a limited monopoly in exchange for sufficient disclosure of an invention. It provides examples of patentable subject matter and exclusions. It also outlines the patent filing process and requirements for an invention to be considered new, useful, and non-obvious.
The document discusses intellectual property rights (IPR) and patents. It defines IPR as exclusive rights granted to authors for utilizing and benefiting from their creations. The types of IPR are then outlined, including patents, trademarks, copyrights, and industrial designs. The document goes on to provide definitions and examples of patents, the patent process, patentable subject matter, and sections of Indian patent law that outline exclusions from patentability.
This document discusses patents, including what they are, how they came into existence, and laws governing them. It notes that a patent is a form of intellectual property providing exclusive rights granted by a state to an inventor. The first patent was received in 1421. Indian patent law originated in 1856 and was consolidated in 1911. Patents can be granted for novel, inventive, and industrially applicable inventions, but discoveries, schemes, and methods of treatment are non-patentable. The document outlines the patent application and publication process and notes a dispute between Robert Kearns and Ford/Chrysler involving patents.
This document provides an overview of patent law in India. It discusses:
- The meaning and types of patents, including product and process patents.
- Requirements for an invention to be patentable such as novelty, inventive step, and industrial application.
- Exceptions for inventions that are not patentable, including traditional knowledge, plants/animals, surgical methods, and more.
- The procedure for obtaining a patent in India, including filing, examination, opposition periods, and renewal.
- Other topics like the term of a patent, specifications, and historical perspective on patent law in India.
Meaning and definition of intellectual property.
Types of intellectual property,
Patent act of 1970 and amendments (as per WTO agreement)
Background, Object, Definition
Inventions, patentee, true and first inventor,
Procedure for grant of process and product patents,
Right to patentee, infringement, remedies
a detailed description to Introduction to patents and its allied issues. Its object and scope have also been discussed. Few provisions from the Patent Act 1970 are also addressed.
This document provides an overview of intellectual property law in India. It discusses the development of patent, trademark, and copyright law in India over time, from early colonial laws to more recent legislation and international agreements like TRIPS. Key points include that India has established a statutory framework to protect IPRs like patents, trademarks, copyrights, and designs. The document also examines India's obligations under TRIPS and efforts to strengthen intellectual property administration and enforcement.
This document discusses intellectual property and patents in India. It provides information on:
- What intellectual property and patents are. Patents grant exclusive rights over inventions.
- Key aspects of Indian patent law and amendments over time to make it WTO compliant. Patents are now granted for 20 years and cover all fields of technology.
- Application process for patents in India, including filing requirements and examination process.
- Rights conferred on patent holders and ability to surrender or revoke patents on certain grounds.
The document discusses types of intellectual property rights (IPR) in India and patents. It outlines the main legislations covering different types of IPR in India, including patents, designs, trademarks, copyright, integrated circuits, trade secrets, geographical indications, and plant varieties. It also discusses key aspects of the patent system in India such as registration, international treaties, requirements for patents, limitations of patents, the Patents Act of 1970, patentable and non-patentable inventions, process versus product patents, and the patent filing process.
The document provides an overview of patents and non-patentable inventions under Indian law. It discusses that a patent is an intangible asset granted by the government for a single invention that provides a 20-year monopoly. Certain types of inventions are not patentable, including those that are frivolous, contrary to natural laws, public order or morality. The requirements for patent specifications and various types of patent applications are also outlined.
1) Dimminaco A.G filed a patent application for a process to prepare a bursitis vaccine containing a living virus. The patent application was rejected on grounds that it did not constitute an "invention" under the Patent Act.
2) The key issues before the Court were whether a process producing an end product with a living organism can be patentable, and if the claimed process would constitute a "manner of manufacture".
3) The Court held that there is no bar to patenting such processes. Since the claimed process was a novel method of vaccine preparation involving defined chemical steps, it was a patentable "manner of manufacture" under the Act.
Intellectual property rights (IPR) refer to the legal ownership of intellectual property such as inventions, literary works, symbols and designs. IPR is limited by duration, scope, and geography. The importance of IPR was first recognized in the Paris Convention of 1883 and Berne Convention of 1886, which are administered by the World Intellectual Property Organization (WIPO). IPR promotes innovation and creativity by granting time-limited ownership rights over intellectual commodities and creations of the mind.
This document discusses various types of intellectual property including patents, trademarks, copyrights, industrial designs, and trade secrets. It provides examples and requirements for each type of intellectual property. Key points include:
- Patents protect inventions and provide exclusive rights for a limited time. Requirements include novelty, inventiveness, and industrial application.
- Trademarks protect unique identifiers and brands. They must be distinctive and not descriptive.
- Copyright protects original creative works like books and art. It does not require registration.
- Trade secrets protect confidential business information and formulas by keeping them secret. They provide indefinite protection without registration.
The document discusses intellectual property rights, with a focus on patents. It provides background on patents, including their history, properties, and types of protection. It discusses patenting of microbes specifically in the UK, US, India, and under the World Intellectual Property Organization. Key requirements for patents include novelty, inventiveness, utility, and adequate disclosure. The document also covers patent claims and scope of protection.
The document discusses various grounds for opposing patents in India, including pre-grant and post-grant opposition. It provides examples of prior art, lack of inventive step, insufficient disclosure, and failure to disclose foreign applications that can be used as grounds for opposition. Oppositions must include a notice of opposition, applicable fees, and evidence to support the specific grounds being raised.
The document discusses various grounds for opposing patents in India, including pre-grant and post-grant opposition. It provides examples of prior art, lack of inventive step, insufficient disclosure, and failure to disclose foreign applications that can be used as grounds for opposition. Oppositions must include a notice of opposition, applicable fees, and evidence to support the specific grounds being raised.
The document provides an overview of intellectual property rights (IPR) and patents. It defines IPR as exclusive rights granted to authors for their creations. There are different types of IPR including patents, trademarks, copyrights, industrial designs, geographical indications, and trade secrets. The document then discusses patents in more detail, noting that a patent is a contract with the government that provides a limited monopoly in exchange for sufficient disclosure of an invention. It provides examples of patentable subject matter and exclusions, the patent filing process, and benefits of obtaining a patent.
Indian patent act - 1970 - definitions, history, types, terms, inventions patentable and non-patentable, patent filling procedure, rights of a patentee, offences and penalties.
The document provides information about intellectual property rights (IPR) and patents. It defines IPR as exclusive rights granted to authors for their creations. It lists different types of IPR including patents, trademarks, copyrights, industrial designs, geographical indications, and trade secrets. The document then discusses patents in more detail, defining a patent as a contract with the government that provides a limited monopoly in exchange for sufficient disclosure of an invention. It provides examples of patentable subject matter and exclusions. It also outlines the patent filing process and requirements for an invention to be considered new, useful, and non-obvious.
The document discusses intellectual property rights (IPR) and patents. It defines IPR as exclusive rights granted to authors for utilizing and benefiting from their creations. The types of IPR are then outlined, including patents, trademarks, copyrights, and industrial designs. The document goes on to provide definitions and examples of patents, the patent process, patentable subject matter, and sections of Indian patent law that outline exclusions from patentability.
This document discusses patents, including what they are, how they came into existence, and laws governing them. It notes that a patent is a form of intellectual property providing exclusive rights granted by a state to an inventor. The first patent was received in 1421. Indian patent law originated in 1856 and was consolidated in 1911. Patents can be granted for novel, inventive, and industrially applicable inventions, but discoveries, schemes, and methods of treatment are non-patentable. The document outlines the patent application and publication process and notes a dispute between Robert Kearns and Ford/Chrysler involving patents.
This document provides an overview of patent law in India. It discusses:
- The meaning and types of patents, including product and process patents.
- Requirements for an invention to be patentable such as novelty, inventive step, and industrial application.
- Exceptions for inventions that are not patentable, including traditional knowledge, plants/animals, surgical methods, and more.
- The procedure for obtaining a patent in India, including filing, examination, opposition periods, and renewal.
- Other topics like the term of a patent, specifications, and historical perspective on patent law in India.
Meaning and definition of intellectual property.
Types of intellectual property,
Patent act of 1970 and amendments (as per WTO agreement)
Background, Object, Definition
Inventions, patentee, true and first inventor,
Procedure for grant of process and product patents,
Right to patentee, infringement, remedies
a detailed description to Introduction to patents and its allied issues. Its object and scope have also been discussed. Few provisions from the Patent Act 1970 are also addressed.
This document provides an overview of intellectual property law in India. It discusses the development of patent, trademark, and copyright law in India over time, from early colonial laws to more recent legislation and international agreements like TRIPS. Key points include that India has established a statutory framework to protect IPRs like patents, trademarks, copyrights, and designs. The document also examines India's obligations under TRIPS and efforts to strengthen intellectual property administration and enforcement.
This document discusses intellectual property and patents in India. It provides information on:
- What intellectual property and patents are. Patents grant exclusive rights over inventions.
- Key aspects of Indian patent law and amendments over time to make it WTO compliant. Patents are now granted for 20 years and cover all fields of technology.
- Application process for patents in India, including filing requirements and examination process.
- Rights conferred on patent holders and ability to surrender or revoke patents on certain grounds.
Similar a The Kilta Case (2008) by Shraddha Pandit (20)
Introduction to Euthanasia – Medically Assisted Murder or Mercy Killing by Sh...SHRADDHA PANDIT
This is a PPT on basic introduction to Euthanasia – Medically Assisted Murder or Mercy Killing. It is useful for BA as well as BA.LLB, BBA.LLB, LLM, UGC NET and SET. Students should refer to textbooks and reference books for in-depth study.
INDIAN PENAL CODE (A BRIEF HISTORY) BY SHRADDHA PANDITSHRADDHA PANDIT
This is a PPT on introduction of the Indian Penal Code: a brief history. It is useful for students of BA.LLB, BBA.LLB., LLM, UGC NET and SET. Students should refer to textbooks and reference books for in-depth study.
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...SHRADDHA PANDIT
This is a PPT on basics of "Women and the world of Climate Change". It is useful for BA as well as BA.LLB, BBA.LLB and LLM students for subjects such as Foundation Course, Gender studies, Environmental Law, etc.
Students should refer to text books and reference books for in-depth study.
Confidentiality Agreements/Non-Disclosure Agreements by Shraddha PanditSHRADDHA PANDIT
This is a PPT on basics of drafting of Confidentiality Agreements/Non-Disclosure Agreements. It is useful for students of BA.LLB, BBA.LLB, LLB, BAF. Teachers can use it to teach the topic. Use lecture method of classroom pedagogy.
Students should refer to textbooks and reference books for in-depth study.
Introduction to Research Methods by Shraddha PanditSHRADDHA PANDIT
This PPT gives an Introduction to different Research Methods (including legal research methods). It was used by me to teach at PLEA Webinars in 2023. It is extremely useful for students of BA.LLB, BBA.LLB, LLB, LLM, UGC NET, SET, Ph.D. Teachers can use it to teach the topics explained. Use lecture method of classroom pedagogy.
Students should refer to textbooks and reference books for in-depth study.
INTRODUCTION TO BASICS OF IPR & TRADEMARKS BY SHRADDHA PANDITSHRADDHA PANDIT
This PPT was created for Guest Lecture at SVKM's Sunandan Divatia School of Science, NMIMS, Mumbai in 2023. This is a PPT on basics of Intellectual Property Rights and Trademarks. It is useful for students of BA.LLB, BBA.LLB, LLB, BAF., BSc. and MSc.
Teachers can use it to teach the topic. Use discussion method of classroom pedagogy.
Students should refer to textbooks and reference books for in-depth study.
Drafting of Sale Deed and Agreement of Sale by Shraddha PanditSHRADDHA PANDIT
This is a PPT on basics of Drafting of Sale Deed and Agreement of Sale. It is useful for students of BA.LLB, BBA.LLB, LLB, BAF. Teachers can use it to teach the topic. Use lecture method of classroom pedagogy.
Students should refer to textbooks and reference books for in-depth study.
An Introduction to Gift Deed by Shraddha PanditSHRADDHA PANDIT
This PPT is a basic introduction to gift deed. It is useful for students of BA.LLB, BBA.LLB, LLB, BAF. and can be used by teachers for teaching the topic. Use Discussion method of classroom pedagogy. Students should refer to textbooks and reference books for in-depth study.
AN INTRODUCTION TO CRIMINOLOGY BY SHRADDHA PANDITSHRADDHA PANDIT
This PPT is a basic introduction to the subject of criminology. This can be used as a teaching aid by teachers in teaching courses such as BA.LLB, BBA.LLB, LLB, LLM, MA in Criminology and Victimology. Use discussion method in classroom pedagogy.
Students should refer to textbooks and reference books for in-depth study.
Introduction to Sale of Goods Act, 1930 by Shraddha PanditSHRADDHA PANDIT
This PPT is an introduction to Sale of Goods Act, 1930. It is useful for BA.LLB, BBA.LLB as well as LLB. and BAF. students. For in-depth study, students should refer to textbooks and reference books.
An introduction to Indian Contract Act, 1872 by Shraddha PanditSHRADDHA PANDIT
This is a basic PPT which covers an overview of Contract Part I for First Year BA.LLB/ BBA.LLB, FY.LLB and BAF. students. For more in-depth study, students need to study from textbooks and reference books.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
Our intuitive online interface allows individuals to register complaints, seek legal advice, and pursue justice conveniently. Users can submit complaints via mobile devices and send legal notices to companies directly through our portal.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Pedal to the Court Understanding Your Rights after a Cycling Collision.pdfSunsetWestLegalGroup
The immediate step is an intelligent choice; don’t procrastinate. In the aftermath of the crash, taking care of yourself and taking quick steps can help you protect yourself from significant injuries. Make sure that you have collected the essential data and information.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Safeguarding Against Financial Crime: AML Compliance Regulations DemystifiedPROF. PAUL ALLIEU KAMARA
To ensure the integrity of financial systems and combat illicit financial activities, understanding AML (Anti-Money Laundering) compliance regulations is crucial for financial institutions and businesses. AML compliance regulations are designed to prevent money laundering and the financing of terrorist activities by imposing specific requirements on financial institutions, including customer due diligence, monitoring, and reporting of suspicious activities (GitHub Docs).
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
1. THE KILTA CASE (“Dhanpat Seth And Ors. vs Nil Kamal
Plastic Crates Ltd.” (2008)
Shraddha Pandit
Asst. Prof. Of law
BA, LLB, LLM, PGDM (IPR), Diploma(GERMAN)
Pursuing Ph.D.
2. What is patent?
Section 2 (1) (m) of the Patents Act (1970) defines patent as “ patent means a
patent for any invention granted under this Act.” A patent is a document, issued,
upon application, by a government office (or a regional office acting for several
countries), which describes an invention and creates a legal situation in which the
patented invention can normally only be exploited (manufactured, used, sold,
imported) with the authorization of the owner of the patent. In a number of
countries, inventions are also protectable through registration under the name of
“utility model” or “short-term patent.”
Section 2 (1) (j) of the Patents Act (1970) defines invention as “invention means a
new product or process involving an inventive step and capable of industrial
application.” Invention means a solution to a specific problem in the field of
technology. An invention may relate to a product or a process.
3. Three things can get patented in India:
1)Product
2) Process
3) Inventive Step
(S.3 of the Patents Act (1970) lays down the categories of inventions which cannot
be patented, eg. bombs, nuclear weapons, surgical methods)
The protection conferred by the patent is limited in time (generally 20 years), after
which the patent becomes the subject matter of public domain.
4. What are Traditional Knowledge (TK) and Traditional
Cultural Expressions (TCE)?
Traditional knowledge (TK) is knowledge, know-how, skills and practices that are developed,
sustained and passed on from generation to generation within a community, often forming part
of its cultural or spiritual identity.
There is no specific definition of TK or TCE at the international level, it can be said that: TK
embedded in the cultural traditions of regional, indigenous, or local communities. Which may
result from intellectual activity in a traditional context, and includes know-how, practices,
skills, trade secrets and innovations.
Traditional knowledge can be found in a wide variety of contexts, including: agricultural,
scientific, technical, ecological, artistic and medicinal knowledge as well as craftsmanship,
handicraft, biodiversity-related knowledge.
5. How are these protected?
While scientific inventions can be protected under the statutory law of patents
(Patent Act, 1970 and Rules made thereunder), TK and TCE are not protected
under any specific statute.
They are passed on from generations to generations without any written documents
as a part of oral narrative.TK and TCE typically distinguish one community from
another. They are intertwined with the folklore, ancient wisdom and tribal culture.
They form a part of the knowledge, crucial for subsistence and survival, based on
accumulations of empirical observation (experimentation) and on interaction with
the environment.
6. Case study: “Dhanpat Seth And Ors. vs Nil Kamal
Plastic Crates Ltd.” AIR 2008 HP 23 : 2008 (36) PTC
938 NULL(also known as the Kilta case)
Category of Case: Civil, IPR
Sub-category: Landmark case for Infringement, Revocation of Patents, Injunction,
Pendency of suits and delay in justice.
Decided by Court: High Court of Himachal Pradesh
7. Facts of the case
A patent was granted to the plaintiffs for a “device used for manually hauling
agricultural produce”, on the basis of its alleged similarities to a traditional
handicraft of Himachal Pradesh called “kilta” (an-all-purpose bamboo basket used
to carry any type of load, supported by a rope and tied to the forehead). The
plaintiffs were granted a patent for the specifications as well as the design of the
device resembling the Kilta. The inventor of the device was Mr.Dhanpat Seth.
In this case, the plaintiffs had averred that the defendant had infringed their patent
rights by manufacturing the patented device and by selling it to the Himachal
Pradesh Government. The defendants, Nilkamal Plastic Ltd. being manufacturers
of various plastic products, also supplied the infringing products in various states
across India without having any permission to do so. The plaintiffs filed for a
permanent injunction against this, which was subsequently denied by the Court.
8. Contentions by the Plaintiffs
They alleged that the patentee (defendant) had fraudulently obtained a the patent
on the plastic device (container made of synthetic polymeric plastic), which was
made by copying the original patented product. It was improved upon the same by
inventing longer baskets made up of synthetic polymeric material and by attaching
removable harnessing which enabled farmers to tie the basket to the waist instead
of the forehead. In effect, they claimed that this produced better orthopedic results
since the traditional kilta used to cause severe back pain to farmers.Thus, they
contended that the patent was wrongly granted.
They also argued that there was no novelty or invention, it was the plastic replica
of an old device known as the Kilta, which was popular amongst hilly communities
in India. They mainly argued that the patented product is not an “invention” under
Section 2(1)(j) of the Patents Act, 1970 since it lacks novelty and an “inventive
step” i.e., it is merely an application and a “workshop improvement” upon the kilta,
which was well-known long before the prior date of the patent application.
9. The plaintiff thus alleged that the orders violated the norms and procedures which
were required to be adopted and that they supplied goods worth 72 lakh rupees was
a massive fraud. Further, it was also admitted by the defendants that they supplied
goods worth 40 Lakh rupees to various other parties. The plaintiffs thus allege that
the defendants have infringed their patent after copying it and making cosmetic
changes to the same. The plaintiffs urged that they faced huge loss and damage due
to the acts of the defendants and claimed for damages worth Rs. 1 Lakh INR for
every 1000 long baskets copied and sold by the defendants.
11. Contentions of the Defendant
The defendants contended that the patent granted to the plaintiffs was wrongfully
granted and is liable to be revoked under Sec. 64 of the Patents Act as it lacked
novelty or inventiveness. The defendants argued that the device manufactured by
the plaintiffs were neither new manufacture nor art. The defendants argued that
their invention relieved the backache of tea-pluckers of the hilly State of Himachal
Pradesh, due to the light-weight plastic material. It was further argued that the
plaintiffs cannot claim a monopoly over a simple basket and that the plaintiff can
only claim rights over a product if it is inventive and novel.
12. ISSUES BEFORE THE COURT
1. Whether there exists a legal and a valid Patent of a 'Kitla' with the plaintiffs?
2. Whether the plaintiffs are entitled to the grant of a decree for a permanent
prohibitory injunction restraining the defendant from infringing Patent No.195917
in any manner whatsoever?
3. Whether the plaintiff is entitled to damages on account of profits and mesne
profits as prayed for?
4. Whether the goods supplied by the defendant by infringement of the Patent are
liable to seizure, and destruction?
13. Court’s Decision
The Court based its decision on several provisions of the Patents Act, 1970, few of which I
have discussed below:
Section 2(1)(ja): Clearly, the defendant’s product merely amounted to a “plastic kilta”, as has
rightly been pointed out by the Court. The Court applied the test of “inventive step” defined
under Section 2(1)(ja) i.e., whether the product undertakes “technical advance, as compared to
existing knowledge” and/or whether it has “economic significance”, that makes the invention
not obvious to a “person skilled in art”. It was decided that the plaintiffs had successfully
proven their case by showing that changes in size or that of raw material could not contribute
to a “technical advance” or have “economic significance”.
14. Since their product did not have any significant inventive features and bore striking resemblance to the kilta,
it was decided that the patented product would appear obvious to a “person skilled in art”.
Section 3(d): The Court held that the product attracts Section 3(d) since mere replacement of raw material
(bamboo replaced by plastic) amounted to merely a “new discovery of a known substance” i.e., the traditional
kilta and that there was no “enhancement of the known efficacy” since the orthopaedic superiority of the
product was not aptly testified by any surgeon.
Section 3(f): States that a mere duplication of a known device will not amount to an invention being made.
Section 3(p): Stating that the kilta had been used in the “countryside of Himachal Pradesh since times
immemorial”, the Court stated that the same amounted to “traditional knowledge” under Section 3(p) and
that the product was a “mere aggregation or duplication of traditionally known components”.
Based on the above deliberations, the Court revoked the patent grant under Section 64 of the Patents Act,
1970.
15. Justice delayed is Justice denied!
This case serves as a typical example of pendency of litigation in Indian Courts since
the matter, which was initiated by a suit filed in 2005, has been pending for 13
whole years.
It only recently came into light on 29th June 2018, when a single judge bench of
the Himachal Pradesh High Court revoked the aforementioned patent grant.
16. Today’s Takeaway Message:
The plaintiffs cited the introduction of lightweight nylon baskets for tea-pluckers in Sri Lanka as
prior art. Surprisingly, the Patent Office did not consider the local example of the kilta as prior art or
give consideration to the fact that the patent grant may be barred under Section 3(p). Later, in 2004,
the application for the patent by the defendant was accepted and the Patent Examiner’s reasons for
doing so were not specified. It is, hence, quite baffling and mysterious that the Patent Office granted
a patent to the plaintiff’s product, despite existing prior art and when it was so clearly based on the
traditional kilta.
The main problem in assessing patent applications based on traditional knowledge stems from the
fact that “traditional knowledge” remains undefined. As has been noted earlier, the Himachal
Pradesh High Court proceeds to assume that the kilta comes under the ambit of “traditional
knowledge” in Section 3(p) on the vague assumption that it has been around since “time
immemorial”. It does not lay down any test or parameters by which a certain invention can be said to
be based on “traditional knowledge” or termed as an “aggregation or duplication of traditionally
known components”.
The question, therefore, still persists; how is the Patent Office to define “traditional knowledge” and
conclude that a patented product stands barred under Section 3(p)? Judicial interpretation on the
same is required for efficient examination of future patent applications based on Indian traditional
knowledge and prevention of needless and lengthy litigation.