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Intellectual Property Rights, Scope of Patents and Infringement of Patents Rights
Intellectual Property Rights, Scope of Patents and Infringement of Patents Rights
Intellectual Property Rights, Scope of Patents and Infringement of Patents Rights
Presented By
Introduction_________________________________________________________3
IPO Pakistan_____________________________________________________________3
World Intellectual Property Organization______________________________3
PATENT______________________________________________________________5
Importance and Advantages of Patent Rights_________________________5
Advantages of Patents___________________________________________________________5
Conclusion_________________________________________________________10
The main objectives of the Patent Office are to:_____________________10
Bibliography_______________________________________________________11
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Introduction
Intellectual property (IP) is a legal concept which refer to creations of mind for which
exclusive rights are recognized.
Under intellectual property law, owners are granted certain exclusive rights to their
tangible and intangible assets.
IPO PAKISTAN
WIPO is the global forum for Intellectual Property services, policy, information and
cooperation. They are a self-funding agency of the United Nations, with 188 member
states.
Their mission is to lead the development of a balanced and effective international
intellectual property (IP) system that enables innovation and creativity for the benefit of
all. Their mandate, governing bodies and procedures are set out in the WIPO convention,
which established WIPO in 1967.
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PATENT
A patent is grant of exclusive rights for an invention to make, use and sell the invention
for a limited period of 20 years. The patent grant excludes others from making, using, or
selling the invention. Patent protection does not start until the actual grant of a patent.
A patent owner has the right to decide who may or may not use the patented invention for
the period in which the invention is protected. The patent owner may give permission, or
license, to other parties to use the invention on mutually agreed terms. The owner may
also sell the right to the invention to someone else, who will then become the new owner
of the patent. Once a patent expires, the protection ends and invention enters the public
domain, that is, the owner no longer holds exclusive right to the invention which becomes
available to commercial exploitation by others.
The patent system is desirable in the public interest that industrial techniques should be
improved. The monopoly rights are granted in lieu of disclosure of the invention i.e
advancement in technology. In order to encourage improvements and to encourage also
the disclosure of improvements in preference to their use in secret. Any person devising
any improvement in a manufactured article or in machinery or methods for making it,
may upon disclosure of his improvement at the Patent Office demand to be given a
monopoly in the use of it for a limited period. After that period, it passes into the public
domain.
IMPORTANCE AND ADVANTAGES OF PATENT RIGHTS
When it comes to inventing, the very first thing you need to do is protect your idea before anyone can steal
it.
Today, every institute, university, and company is creating a patent fence around their inventions. The
importance of patents has increased tremendously over last few decades. Every company is creating a
strong patent portfolio. So what are the advantages involved in getting a patent? How the inventor or
assignee does benefit from having a patent? It is very important to know the advantages before applying
for a patent.
Advantages of Patents
1
A patent gives the inventor the right to stop others from manufacturing, copying, selling or
importing the patented goods without permission of the patent holder.
The patent holder has exclusive commercial rights to use the invention.
The patent holder can utilize the invention for his/her own purpose.
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The patent holder can license the patent to others for us. Licensing provides revenue to business
by collecting royalties from the users.
The patent holder can sell the patent any price they believe to be suitable.
You will be required to pay annual maintenance fees on your patent/patent application
otherwise it will lapse and you will not be able to enforce your patent.
The following shall not be regarded as invention within the meaning of the Patent
ordinance, 2000:
a scheme, rule or method for performing a mental act, playing a game or doing
business;
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The first step in filing a patent application in Australia is often the lodgment of an
application, accompanied by a provisional specification, at the Patent Office. The
provisional specification describes the invention and (in most cases0 its date of lodgment
determines the priority date, on which date the invention must be new.
Complete application (leading to standard patent)
Within 12 months of lodging the provisional application can be lodged at the Patent
Office. Where an invention is in development when a provisional specifications can be
lodged in the 12-months period to include additional material. All such provisional
specifications can be combined in a single with a series of numbered paragraphs called
claim. The claims define the monopoly sought both the particular embodiment of the
invention as described in detail in the specification and variations.
Divisional application
Under the Patents Act 1990 it is possible to file a patent application that claims the same
priority date as one previously filed and claims matter disclosed in an earlier application.
These divisional in an application have a maximum term of 20 years, common with the
parent case, but must be filed prior to sealing of the parent complete application.
Innovation patent
The novelty test for an innovation patent, as for a standard patent, includes publication or
use anywhere in the world. However a lower innovative step applies. The innovation
patent contains a maximum of five claims, has a shorter term (eight years instead of 20)
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A patentee may institute a suit under section 60 in the District Court which have the
jurisdiction to try the suit against any person who during the continuance of the patent
acquired by him under this law, in respect of an invention, makes, sells or uses the
invention without his license, or counterfeits it, or imitates it.
Reliefs in suits for infringement
If a patent is infringed by infringer and a suit for infringement has been field against him
then the remedies can be availed by the patentee. The Court can order to:
infringer to pay the right holder damages adequate to compensate for the injury he
has suffered because of infringement;
pay the right holder expenses which may include appropriate attorneys fee;
dispose off the goods (which found to be the infringing) outside the channels of
commerce without giving any compensation to the infringer;
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dispose off the material, implements and predominant, use of which has been in
infringing goods, outside the channels of commerce to minimize the risk of more
infringement without giving any compensation to the infringer;
infringer to inform the right holder of the identity of third parties involved in
production and distribution of the infringing goods and their channel of commerce
in case of serious infringement;
adequate compensation to the party who has been wrongfully restrained by the
party on whose request measures has been taken;
prevent an infringement, if there are imported goods the court can order to prevent
its customs clearance;
provisional measures to prevent the delay which cause harm to the right holder or
where there is a demonstrable risk of evidence being destroyed.
Once you own IP, you are responsible for monitoring the market to ensure you are not
being infringed. If you are the victim of infringement, it is up to you to take the
appropriate steps. An IP lawyer or attorney can assist you with enforcing your rights. IP
Australia is not in charge of monitoring IP infringement - this is your responsibility.
You need to safeguard your IP by letting others know you own your innovation. That is
why many products contain the symbol - to let everyone know the trade mark is
registered. Copyright owners do a similar thing by using the symbol with their work,
while many new products will have patent pending or the patent number displayed.
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Unfortunately, in some instances legal action may be necessary. However, your chance of
success is greatly improved with robust, registered IP.
The claims (typically found at the end of a patent document) provide a definition of what
the patent protects. Terms used in a claim may be defined by the whole document, but
ultimately only what is described in the claims is protected.
To infringe, each and every element of a claim must be present in the infringing product.
If even a single element is missing, the product does not infringe. It doesn't matter if the
patent document says that that single element is optional: if it's in the claim, it is required.
The claims are used in a very similar manner when judging the validity of a patent (or
application). When prior art is found, it must be compared against the claims to determine
if the patent is new and nonobvious. Even if the "spirit of the invention" or the "general
idea" is the same as in the prior art, if the claims contain one feature that is not mentioned
in the prior art, the invention is new. If the one new feature is not obvious, then the claim
is patentable.
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Conclusion
The Patent Office is responsible for the establishment and maintenance of the national
framework of intellectual property rights. It also represents the United Kingdoms
interests in the development of international intellectual property rights systems.
ensure the academic community are aware of the potential rewards for
exploitation of research
provide services that combine quality with good value for money.
A healthy business environment is one where original ideas flourish and turn into
business opportunities. The Governments white paper on competitiveness has
emphasised the importance of knowledge at the heart of competitive activity. The Patent
Office gives confidence to enterprising people in the business sector by providing
protection against copying for their original ideas.
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Bibliography
http://www.ipaustralia.gov.au/get-the-right-ip/patents/
http://www.wipo.int/about-wipo/en/#who
http://law.zafcointl.com/area_patent_design_law.html
http://www.uspto.gov/patents-maintaining-patent/patent-litigation/about-patentinfringement
http://ipo.gov.pk/
http://www.csb.uncw.edu/people/eversp/classes/BLA361/Intl%20Law/Cases/Study
%20of%20Basmati%20Rice%20Intl%20Case.ssrn.pdf
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