How are Geographical Indications different from ‘Patenting’?
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patent is a monopoly right granted to person who has invented a new and useful article or an improvement of an existing article or an improvement of an existing article or a new process of making an article. It consists of an exclusive right to manufacture the new article invented or manufacture an article according to the invented process for a limited period. During the term of patent the owner of the patent, i.e. the patentee can prevent any other person from using the potential invention. But the creation of patent is territorial in extent where it has been created by a statute.
Object of a Patent Law: In the case of Bishawanath Prasad Radhey Shyam V/s Hindustan Metal Industries, (1979) 2SCC, 511 it has been held by the Supreme Court,the object of patent law is to encourage scientific research, new technology and industrial progress. Grant of exclusive privilege to own, use or sell the method or the product patented for a limited period stimulates mew inventions of commercial utility. The price of the grant of monopoly is the disclosure of the invention at the Patent Office, which after expiry of the fixed period of monopoly, passes into the public domain."
History of Patents
The term 'patent' has been derived from the word "Letters Patentissued by the British Crown". The history of patents can mainly be traced in Britain. But the history of patents goes back to thousand-year back. Although we often think of information commodification as a new process, the history of intellectual property goes back to some of the farthest reaches of our recorded history. In fact, according to a scholar the book was one of the very first commodities. Greece in the 5th century B.C and its active book trade, for the first examples of buying and selling information. The rise of this intellectual market coincided with a renewed acknowledgment within the culture of the existence of the individual creative self, as well as with the development of commerce and urban societies. Previously, it had been not originality, but craftsmanship within established forms, that had been valued; oral cultures like that of the earlier Greek societies had viewed creative works as collectively produced, and as entities to be imitated and built upon by others. Later on medieval era patent system was present in some form or other in every society. There were communities and persons who were only authorized to make a particular product.
The patent history can be well illustrated by following time line.
1200s 10-year monopolies granted in Venice, Italy to inventors of silk-making devices
1449 First recorded patent granted in England for a glass-making process First patent statute passed in Venice
1624 Statute of Monopolies issued in England
1790 First American patent statute passed
1791 First French patent statute passed
1880-1882 Patent statutes introduced in most European countries
1883 Paris Convention for the Protection of Industrial Property - cornerstone of the modern international patent system
1947 International Patent Institute (IIB) established at the Hague
1970 Patent Cooperation Treaty signed in Washington, D.C.
1978 International Patent Institute integrated into the European Patent Office (EPO)
1979 Bayh-Dole Act passed-granted permission to U.S. universities to license and profit from federally sponsored research
1980 International Patent Documentation Center (INPADOC) integrated into the EPO
A number of international conventions on intellectual property have been adopted since last century covering different areas of industrial property, copyright law and other specialized matters (such as breeders' rights). The World Intellectual Property Organization (WIPO) and UNESCO are responsible for administering the main conventions in force.
The TRIPS negotiations were conducted within GATT, and the provisions of the resulting Agreement are enforceable within the framework of the WTO -- a forum without any tradition of work in the field of IPRs.
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Object of a Patent Law: In the case of Bishawanath Prasad Radhey Shyam V/s Hindustan Metal Industries, (1979) 2SCC, 511 it has been held by the Supreme Court,the object of patent law is to encourage scientific research, new technology and industrial progress. Grant of exclusive privilege to own, use or sell the method or the product patented for a limited period stimulates mew inventions of commercial utility. The price of the grant of monopoly is the disclosure of the invention at the Patent Office, which after expiry of the fixed period of monopoly, passes into the public domain."
History of Patents
The term 'patent' has been derived from the word "Letters Patentissued by the British Crown". The history of patents can mainly be traced in Britain. But the history of patents goes back to thousand-year back. Although we often think of information commodification as a new process, the history of intellectual property goes back to some of the farthest reaches of our recorded history. In fact, according to a scholar the book was one of the very first commodities. Greece in the 5th century B.C and its active book trade, for the first examples of buying and selling information. The rise of this intellectual market coincided with a renewed acknowledgment within the culture of the existence of the individual creative self, as well as with the development of commerce and urban societies. Previously, it had been not originality, but craftsmanship within established forms, that had been valued; oral cultures like that of the earlier Greek societies had viewed creative works as collectively produced, and as entities to be imitated and built upon by others. Later on medieval era patent system was present in some form or other in every society. There were communities and persons who were only authorized to make a particular product.
The patent history can be well illustrated by following time line.
1200s 10-year monopolies granted in Venice, Italy to inventors of silk-making devices
1449 First recorded patent granted in England for a glass-making process First patent statute passed in Venice
1624 Statute of Monopolies issued in England
1790 First American patent statute passed
1791 First French patent statute passed
1880-1882 Patent statutes introduced in most European countries
1883 Paris Convention for the Protection of Industrial Property - cornerstone of the modern international patent system
1947 International Patent Institute (IIB) established at the Hague
1970 Patent Cooperation Treaty signed in Washington, D.C.
1978 International Patent Institute integrated into the European Patent Office (EPO)
1979 Bayh-Dole Act passed-granted permission to U.S. universities to license and profit from federally sponsored research
1980 International Patent Documentation Center (INPADOC) integrated into the EPO
A number of international conventions on intellectual property have been adopted since last century covering different areas of industrial property, copyright law and other specialized matters (such as breeders' rights). The World Intellectual Property Organization (WIPO) and UNESCO are responsible for administering the main conventions in force.
The TRIPS negotiations were conducted within GATT, and the provisions of the resulting Agreement are enforceable within the framework of the WTO -- a forum without any tradition of work in the field of IPRs.
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