Download My Dissertation on Impactof TRIPS Agreement on Trademarklawin India PDF

TitleMy Dissertation on Impactof TRIPS Agreement on Trademarklawin India
TagsPatent Economies Intellectual Property Trips Agreement World Trade Organization
File Size1.9 MB
Total Pages279
Document Text Contents
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PART-A

THEORETICAL BACKGROUND



“In modern law every man owns, that which he creates, that which he

produces is his, and he has exclusive right to use and benefit from it.

The immaterial product of man’s brain may be as valuable as his lands

or goods. The law therefore gives him a proprietary right in it, and

unauthorized use of if by person is violation of his ownership, no less

than theft or trespass is”
1


There was a time when there were hardly rarest medium to convert the knowledge

one possesses……days passes and the man invented writing mediums..and in initial

times he use to write on trees and stones ,whatever he observe and whatever he want

to refer for the future times and since then, man has started disseminates the

information amongst each other –it was limited for his family which further extended

up to the whole community and now to the whole world …..As we know that each

individual possesses the different sets of chromosomes and different DNA patterns ,

at the same time possess different intellect and IQ level and thus there is differences

of opinion ,thinking ,behaving ,imagining and creating in each of the individual in

their own mannerisms .

Every individual occupy some (particular) things on which he solely acquired rights

to dispose of the way he wants …..that property could be anything ,i.e lands ,money

,gold ,articles and own creations….thus the definition of property in very early era

was different than its present us today …….let‘s see the prior unrevised definition of

property


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From the book Jurisprudence by sir John William salmond trough e-books-google.com

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(3) The Copyright Act, 1957

(4) The Designs Act, 2000

(5) The Geographical Indications of Goods (Registration and Protection) Act, 1999

(6) The Protection of Plant Varieties and Farmers Rights Act, 2001

(7) The Semiconductor Integrated Circuits Layout Design Act, 2000



Justification for Intellectual Property

The question is why legal protection is provided to intellectual property? The

general justification for the protection of intellectual property rights is that the intellectual

property induces or encourages desirable behavior. For example, patent system is

sometime justified on the basis that it provides inventor with an incentive to disclose

valuable technical information to the public, which would have otherwise remain secret.

Similarly the trade mark system is justified because it encourages traders to manufacture

and sell high quality products. It prevents third parties from becoming unjustly enriched

by ―reaping where they have not sown‖ and it also encourages them to provide

information to the public about those attributes. The ethical and moral arguments justify

intellectual property rights because the law recognizes an author‘s natural rights over the

product of their labour.
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LAW RELATING TO PATENTS IN INDIA

In India, the national legal regime pertaining to patents is contained in the Patents

Act, 1970 as amended by the Patents Amendment Act, 1999. This legislation has been

enacted to amend and consolidate the law relating to patents. The object of the patent law

has been summed by the Supreme Court of India in M/s. Bishwanath Prasad Radhey

Shyam us. M/s. Hindusthan Metal Industries, as under, which is self-explanatory.




90
Raghbir Singh, Law Relating to Intellectual Property, Universal Law Publishing House, New Delhi, at p.

207

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