Patent Rights of Turmeric

Topics: Patent, Trademark, Patent Cooperation Treaty Pages: 18 (5401 words) Published: June 20, 2013
A study on copyrights, patent and trade mark of the turmeric on the means of awareness among the people in our country. Copyright:

Copyright is a form of protection provided to the authors of "original works of authorship" including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly. 

The copyright protects the form of expression rather than the subject matter of the writing. For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description; it would not prevent others from writing a description of their own or from making and using the machine. Copyrights are registered by the Copyright Office of the Library of Congress.  Trademark or Service mark:

A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" are commonly used to refer to both trademarks and servicemarks. 

Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the Patent and Trademark Office. The registration procedure for trademarks and general information concerning trademarks is described in a separate pamphlet entitled "Basic Facts about Trademarks".  A trademark or trade mark is a unique sign or indicator that is being used by a business organization, entity or other legal entity to recognize that the services or the products that are being given to the consumers in which the trademark appears instigate from a distinctive source, and at the same time to make a distinction of the products or services from those of the other entities.


A patent for an invention is the grant of a property right to the inventor, issued by the Patent and Trademark Office. The term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. US patent grants are effective only within the US, US territories, and US possessions. 

The right conferred by the patent grant is, in the language of the statute and of the grant itself, "the right to exclude others from making, using, offering for sale, or selling" the invention in the United States or "importing" the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. 

In India the Patent Office under the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry performs the statutory duties in connection with the grant of patent and registration of Industrial Design. In India the patent law is governed by The Patents Act, 1970 and The Patents Rule 2003 and amendments thereof. India is the member of the following international organization and treaties:

1. WIPO Convention, since May 1975.
2. Paris Convention (Industrial Property), since December 1998. 3. Berne Convention (Literary and Artistic Works), since April 1928. 4. PCT (Patents), since December 1998.
5. Geneva Convention (Unauthorized...
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