Business law presentation on Patents, trademarks, geographical indications As a part of Intellectual property right With relevant provision of WTO also this Presentation covers case study on Apple vs Samsung case, Viagra Patent issue,Basamati rice, Darjeeling tea etc.
Text of Business law Presentation : Intellectual property right: Patents, trademarks, geographical...
• Apple issuing an official complaint on April 15, 2011
• Instead of pursuing independent product development, Samsung has chosen to slavishly copy Apple's innovative technology, distinctive user interfaces, and elegant and distinctive product and packaging design, in violation of Apple's valuable intellectual property rights.
• On July 24, Apple released information that outlined the proposed damages of Samsung's alleged patent infringement at $2.5 billion.
Case Study :Pfizer’s Canadian Patent on Viagra
• Supreme Court of Canada, on November 8, 2012, invalidated the Canadian Viagra patent owned by Pfizer Canada Inc.
• The main issue before the Supreme Court was whether Pfizer’s patent met the disclosure requirement of the Act.
• The Supreme Court, while delivering its judgment, clarified that “sufficiency of disclosure lies at the very heart of the patent system,” and the applicant must give the full information that is necessary to work the invention.
• An analysis of the real issues involved in the controversial case of the Basmati Rice Patents from various perspectives: commercial, legal and general. Point-to-point explanation of widely held misconceptions arising from limited awareness.
• Rice-Tec has patented the name 'BASMATI' for rice at the US Patent Office
• Besides, Rice Tec also filed for registration of Trade Marks such as TEXMATI and TEXMATI LITE. These Trade Mark applications were also registered. There is no registration for the word BASMATI as a Trade Mark.
• A Trade Mark is any sign which can distinguish the goods and services of one trader from those of another. A sign includes words, logos, colours, slogans, three-dimensional shapes and sometimes sounds and gestures.
• The registration of a trade mark is for a period of 7 years from the date of the application. renewed for successive periods of 7 years each.
• Trade Mark Classification of Goods and Services
Case:Madrid System for International Registration of Marks
• The Madrid System of International Registration of Trademarks came into existence in the year 1891.
• A place name is sometimes used to identify a product. This “geographical indication” does not only say where the product was made. More importantly, it identifies the product’s special characteristics, which are the result of the product’s origins.
Protecting the GI for Darjeeling Tea
• This case study relates to the geographical indication (GI) protection of Darjeeling tea. It tells the story of the unauthorized use and registration of ‘Darjeeling and Darjeeling logo by Japanese companies already registered in Japan by the Tea Board of India. The study also refers to the unauthorized use and attempted registration of the words ‘Darjeeling and Darjeeling logo’ by some other developed countries.