Patent And Trade Secret Protection - 1198 Words

When issuing a compulsory license, the effect is to exempt the user who produces the patented substance or uses technology from liability of infringement. If a patentee applies for a patent for a newly discovered or an alienated substance, or a synergy of entities, she is not required to disclose the â€Å"know-how† to the public. Therefore, she can retain the information undisclosed as trade secrets. Ordinarily, companies use patent and trade secret protection together in a synergistic manner to enhance exclusivity as a common strategy. As a result, if the user of a compulsory license does not comprehend the know-how, then the production of the final product would eventually come to naught. Under the situation of a†¦show more content†¦Nonetheless, arbitrariness is inevitable due to analytical difficulties faced by examiners and courts. Without setting up a utility model, examiners and courts are plagued by hindsight bias in the U.S., let alone to say having a sub -requirement as such. Section 3(d) of the IPA is also designed to narrow the scope of patent protection, notwithstanding it has a definite goal — preventing evergreening. Section 3(d) also utilizes an explanatory note to delimitate special conditions of nowadays pharmaceutical practices. This thesis considers an explanatory note is a workable solution to comply with the non-discrimination obligation under article 27.1 of the TRIPS. 2. The Capability of the Patent Office The Indian Patent Office (IPO) has full authority under law to determine what is patentable and what should be excluded from patentability if the condition set in section 3(d) is met. Owing to no patents granted to pharmaceutical substances before the amendments coming into effect, the Indian Patent Office received 8,926 mailbox applications prior to January 1, 2005. For the blank period of no protection for nearly 35 years, the capability of the IPO examiners to review and evaluate efficacy data was inShow MoreRelatedCase Study : Australian Patent Procedure1414 Words   |  6 PagesAustralian Patent Procedure Patenting a product will take a lot of time, effort and resources but by patenting your invention, it will give you long-term protection and control over your invention and would be able to gain beneficial economic value in return as well as monopolize your invention on the selected market. Standard patent will protect your invention up to 20 years from the date you complete your application. Provisional Before you can commercialize your product there will be certainRead MoreIntellectual Property And The Copyright Act Of 19761688 Words   |  7 Pagescompetitive advantage and attracts the attention of other business partners and investors (Lee, 2016). With such importance, it is necessary for the law to protect these ideas from being used by unauthorized individuals. To shield from this, trade secrets, patents, and copyrights are used to protect the ownership of intellectual property (Legal Information Institute). A copyright gives the originator of literary, artistic, or music works the right to perform, publish, record, or print them. This canRead MoreChinese Foreign Trade Relations : Intellectual Property Enforcement Context1164 Words   |  5 PagesImproving Chinese Foreign Trade Relations: Intellectual Property Enforcement Context I. Introduction American businesses are losing up to an estimated $60 billion each year in the global market from intellectual property violations. The problem continues to grow as more American companies invest overseas, and more products consist of intangible or intellectual property. 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A patent is needed to increaseRead MoreYou And Your Assistant Igor Have Just Created Frankenstein1419 Words   |  6 Pagesincluding reasons for selecting your choices and not selecting others. If I were to select an intellectual property protection for Frankenstein in order to protect it as valuable corporate asset, I would carefully analyze the costs and benefits of each form of protection and decide what type of intellectual property protection I want for my creation. I would like to file for a patent application with the government since it allows exclusive rights to the invention. It is a novel invention involving