Intellectual Property Law
Intellectual Property Law protects the owner from infringement and counterfeiting. It is a Substantive Law and hence creates rights and duties. It also follows property law (such as Contract Law, Tort, Criminal Law etc.) and procedural law such as Evidence, Criminal Procedure Code etc.
Various controls such as Monopolistic Restrictive Trade Acts (such as the Indian Monopolistic Restrictive Trade Practices Act, 1969, applying time limit on the intellectual property apply on intellectual property preventing it from abuse.
Being Chose in action, various legal remedies by way of Interlocutory Injection, Anton Piller Court Order, Counterfeiting seizure, Court action, Final Injection and Compensation can be taken by the intellectual property owner.
Topics under Intellectual Property Law
- Deals with the concept of Intellectual Property, Choses in action
- Copyright, Indian Copyright Act, 1914
- Trade and Merchandise Marks Act, 1958 deals with various definitions related to trade marks, Trade Marks Registry, procedure for getting a Trade Mark and grounds on which a trade mark application can be rejected etc.
- Patents Act, 1970 is the Indian Act on the topic of Patents.
- Designs Act, 1911 etc.
- Patents (Appeals and Applications to the Intellectual Property Appellate Board) Rules, 2011
- Trade Marks (Second Amendment) Rules, 2010
- Protection of Plant Varieties and Farmers' Rights (Amendment) Rules, 2010
- Intellectual Property Appellate Board (Patents Procedure) Rules, 2010
- Intellectual Property Appellate Board (Procedure) Rules, 2003
- Trade Marks (Amendment) Act, 2010
- Trade Marks (Amendment) Rules, 2010
- Copyright (Amendment) Bill, 2010
- Protection and Utilisation of Public Funded Intellectual Property Bill, 2008
- Designs (Amendment) Rules, 2008
- Intellectual Property Appellate Board (Salaries and allowances payable to, and other terms and conditions of service of Chairman, Vice-Chairman and members) Amendment Rules, 2007
- Designs Rules, 2001
- Intellectual Property Appellate Board (Group 'C'and Group 'D'Posts) Recruitment Rules, 2006
- Patents (Amendment) Rules, 2006
- Patents (Second Amendment) Rules, 2005 (Draft)
- Patents (Amendment) Act, 2005
- Patents (Amendment) Bill, 2005
- Patents (Amendment) Rules, 2005
- Biological Diversity Rules, 2004
- Patents (Amendment) Bill, 2003
- Intellectual Property Appellate Board (Salaries and Allowances Payable To, and Other Terms and Conditions of Service of Chairman, Vice-Chairman and Members) Rules, 2003
- Patents Rules, 2003
- Information Technology (Other Standards) Rules, 2003
- Biological Diversity Act, 2002
- Patents (Amendment) Act, 2002
- South Africa: Copyright Act, 1978
- South Africa: Trade Marks Act, 1993
Recent Cases / Related Cases
- Oracle America Inc., vs Google Inc., No. C-10-03561-WHA (DMR) United States District Court at Northern District of California
- March 18, 2015: Working Group and Think-Tank on Patent Laws
- December 15, 2012: Comprehensive Online Filing Services for Patents inaugurated