The basic principles of intellectual property – explained

Trade
Paris Convention is the most basic and important multilateral convention relating to intellectual property, including trademarks, of which India is a member. It defined the meaning and scope of industrial property rights protection and established basic principles and rules.Trademark has a substantial role in the competitive market and has a remarkable intellectual value which needs to be protected. The recognition and protection of intellectual property rights is considered to be of recent origin.But the instances given in this Article would trace its Origin right from the period of the Ancient Classical Greek and The Imperial Rome. ADVERTISEMENTS: During the course of time, the nations all over the world have recognized the importance of intellectual property rights due to its immense economic values and have enacted laws towards protecting them.The Agreement…
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How to obtain a patent? (Section 6 of the Patents Act, 1970)

Essays
According to section 6 of the Patents Act, 1970, an application for a patent may be made by the actual inventor of the invention, or are assignee of the right to make an application or a legal representative either.It is the person who first applies for a patent is entitled to the grant a prior inventor of the invention who applies subsequently will not get the patent as against the first applicant.A person who has merely communicated an idea to another, who actually gave practical shape to the idea and developed the invention, cannot claim to be the first and true inventor. ADVERTISEMENTS: A mere financial partner, a firm or a corporation cannot be the sole applicant claiming to be the inventor, but they can apply as assignee of the…
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What are the different forms of protecting trademark?

Trade
If the trade mark is a registrable one the best way to protect it is by registration. Infringement of the mark can be easily established.If the infringing mark is identical and the goods covered by registration, the success in an action” for infringement is almost certain unless the registration can be attacked on the ground of invalidity of registration or the defendant could establish honest concurrent user, or acquiescence on the part of the registered proprietor, or prior user, if the marks are not identical but only similar then the plaintiff will have to establish that the defendants’ mark is deceptively similar, that is to say, the similarity is such as to be likely to deceive or cause confusion which is a proposition not easy to establish.Ultimately the question of…
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