Patent Law-III: Software and Business Method Patents

Software patents concern a piece of software i.e. computer program, user interface or algorithm while business method patent concern new methods of doing a business, for example a new method of marketing of product. Both, software and business method are excluded from granting patent under Indian Patent Act. Section 3(k) of the act states that... Continue Reading →

Patent Law-II: Pharmaceutical Patents and the Novartis Case

There are three pre-requisites to grant a patent i.e. novelty, invention and utility. The journey of pharmaceutical patents in India has been through many ups and downs and the finally in 2005 India incorporated provisions of TRIPS Agreement in its Patent Laws. The pharmaceutical patents were denied before as they affect the Indian generic industry... Continue Reading →

Patent Law-IV: Biodiversity and Traditional Knowledge

Biodiversity and Traditional Knowledge, both are excluded from patent under Indian Patent Act. Section 3(j) of the act states that most of the living things such as plants and animals in whole or any part thereof including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals are not... Continue Reading →

Patent Law-I: Introduction

Intellectual properties can be divided into two groups namely; Industrial Property and Copyright. Industrial property can be further divided into four groups that are patent, industrial designs, trademark and geographical locations. Patent is basically a monopoly granted for public disclosure of an invention. Section 2(j) of the Indian Patent Act defines the invention as a... Continue Reading →

Philosophical Foundations of Intellectual Property Rights

Intellectual property are a set of intangible properties which are way different from the naturally existing tangible form of property. Now the question arises whether these intellectual properties be given rights equal to that to other property rights. This value of IPR has been explained by the theories of IPR namely; The Utilitarian Theory, The... Continue Reading →

Defining Startup under Indian Patent Law

A startup is basically newly found company by one or more people which aim at bringing to the market some unique product or service. In early stages these companies lack monetary funding and therefore require financial support from the government. One of such supporting schemes is Startup India scheme which needed amend the definition of... Continue Reading →

Economics of Intellectual Property Rights

As the knowledge based economy grows, the questions of rights over an information and the uses of the information play a significant role in economic development. The intellectual property rights some way or the other interferes in our day to day life. The early scholars referred IP as drivers of economy while the scholars at... Continue Reading →

Legal Principles of International Intellectual Property Regime

Intellectual property rights give the inventors the rights to exploit their innovations and protection from third party using it. Today a lot of trade and commerce takes place globally but surprisingly there aren’t really any international IP rights. IP rights are territorial and are created by each country’s national law, and typically apply only to... Continue Reading →

Universal Origin of Intellectual Property Laws

The IP laws may seem as to be modern day laws which came up due to this new era of development and globalization, but in reality the origin of IP laws can be traced back to 600BC during the time of Ancient Greece. Here we discuss the origin and history of copyright, patent and trademarks.... Continue Reading →

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