The Healthcare Industry’s Intellectual Property

LAB
Short Term Course
Free
IPR
  • 5 lessons
  • 1 quizzes
  • 4 week duration

Module 2

Patents

Patents are a legal term for granted with respect to novel research or inventions such as new mechanisms or technological improvements (big or small). A patent is defined as the exclusive right is granted for an invention which provides at least a novel process. Commonly, Patent is a monopoly right released by respective Patent offices for invention subject to the provision of Patents Act for a specific time.

Actually, Patents are territorial rights and the applicable in all countries or regions. In case of Validity of Patents, every patent comes under Amendment Act, 2002 which defines the twenty years from the date of filing of the application for the Patent.

 

Trademarks

According to the World Intellectual Property Organization, a trademark is a symbol of goods & services pf one company or enterprise form other enterprises. In many cases, a logo or symbol could be copied by other competitors & might release new products, but a trademark is unique.

Madrid Protocol is followed by the international trademarks and the time period or duration of the International registration of Trademark is valid for 10 years and it could be renewed after outdated. In case of the Security of trademarks in India is governed by The Trademarks Amendment Act, 2010.

Trademark is a legal mark that indulges a brand name, heading, label, name, signature, word, letter, and a device or any combination. The function of this service trademark is the same as that of a trademark in relation to goods (Narayana, 2013).

 

Designs

An industrial design could consist of 3-dimensional features like any new patterns, lines, or colors. In India, the industrial design is governed or taken under the Design Act, 2000. Generally, Design means the configuration, Patterns, or any ornaments, etc.

Design is prohibited in case of registration when it is there no novelty or has been disclosed publicly in India or any other country.

The design will have copyright for 10 years from the registration date and it can be extended for a period of 5 years.

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