Law-Copyrights Patents Trademarks and Geographical Indication

Topics: Patent, Patent application, Patent Cooperation Treaty Pages: 47 (17579 words) Published: February 4, 2012
The Patents Act, 2005
Section 2. (1) of the Patents Act, specifies the following terms, c.      "Convention application" means an application for a patent made by virtue of section 135; d.      "convention country" means a country or a country which is member of a group of countries or a union of countries or an Inter-governmental organization referred to as a convention country in section 133; j. "invention" means a new product or process involving an inventive step and capable of industrial application; j(a)  "inventive  step" means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention  not obvious to a person skilled in the art;'; k. “ new invention” means any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e., the subject matter has not fallen in public domain or that it does not form part of the state of the art; m. “patent” means a patent for any invention granted under this Act; n. "patent agent" means a person for the time being registered under this Act as a patent agent; o. “patented article" and "patented process" mean respectively an article or process in respect of which a patent is in force; o(a).   "Patent Cooperation Treaty" means the Patent Cooperation Treaty done at Washington on the 19th day of June, 1970 as amended and modified from time to time; p. "patentee" means the person for the time being entered on the register as the grantee or proprietor of the patent;

The Trademarks Act, 1999

Plaintiff: A plaintiff, also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit (also known as an action) before a court. A plaintiff in a trademark infringement case generally must prove 1) it possesses a valid mark; 2) that the defendant used the mark; 3) that the defendant used the mark in commerce, "in connection with the sale, offering for sale, distribution or advertising "of goods and services; and 4) that the defendant used the mark in a manner likely to confuse consumers. Respondent: Respondent is the persons against whom a suit, case or appeal is filed in a court who in turn is required to answer , or act according to the directions issued by the court till conclusion of the legal proceedings. Appellate: A higher court that reviews the decision of a lowercourt when a losing party files for an appeal. Appelant: A litigant or party that is making an appeal in court. Injunction: An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions. In some cases, breaches of injunctions are considered serious criminal offenses that merit arrest and possible prison sentences.

Geographical Indication (Registration and Protection) Act, 1999

“Registrar” Section 2(1)(o),3 means the Registrar of Geographical Indications. Registrar of Geographical Indications is the Controller of Patents, Designs and Trade Marks appointed under sub-section (1) of Section 3 of the Trade Marks Act, 1999. The Central Government may appoint such officers for the purpose of discharging, under the superintendence and direction of the Registrar, such functions of the Registrar under this Act, as he may from time to time authorize them to discharge. ‘Goods’-Section 2(1)(f)- means any agricultural, natural or manufactured goods or any goods of handicraft or of industry and includes foodstuff. ‘Producer’ - Section 2(1)(k)- in relation to goods, means any person who, -- a) if such goods are agricultural goods, produces the goods and includes the person who processes or packages...
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