Commercial Law of Patents And Trade Secret by DP Mittal – 1st Edition 2022

Description

The book is a veritable commentary on the law and procedure of the Patent Laws in India, the law as enacted in the Patents Act, 1970 as amended by the Tribunal Reforms Act, 2021, following the Uruguay round of multilateral negotiations under the General Agreement on Tariffs and Trade (GATT), the Agreement on Trade Related Aspects of Intellectual Property Rights (The TRIPS) which came into force on January 1, 1995, and the procedure as prescribed in the Patents Rules, 2003 as amended by the Patents (Amendment) Rules, 2021 inter alia in order to keep them in line with the international trends and requirements

• First chapter is a prologue which gives a brief history of development of science and technology through the ages to industrial revolution to the internet technology to the present day of explosion of knowledge,
• Preliminary chapters are: introductory chapter, chapters on patent system in India, general concepts of patent, interaction with law of competition, and an overview of Indian patents law.
• Chapters on invention and inventive steps, product and process patent, non patentable invention, patentability of medicines and drugs, patentability of computer software,
• Chapters dealing with making of application for grant of patents including chapter on specification and claims, chapters on grant and opposition, revocation and restoration of lapsed patent
• Chapters on transfer of patent rights, working of patents and grant of compulsory licence without the consent of the patentee to enable a person other than a patentee to work the patent;
• Chapter on suit for infringement, declaratory suit, groundless threat, injunctive relief, relief by way of damages or account for profit.
• Chapter on controller having powers of civil court, power to correct errors power to take evidence on affidavit power to call information;
• Chapter on maintenance of a register of patents for recoding particulars of patents, particulars of the grantee, particulars of amendments, extension or revocation, particulars of assignment, transmission, licences, rectification and inspection;
• Chapter on penalty for contravention of secrecy provision, for fabrication of entries in the register for unauthorized claim of patent rights, for wrongful use of words “patent office”, for refusal or failure to supply information and chapter on prosecution of company and vicarious liability of directors;
• Chapter on patents agents
• Chapter on trade secret and confidential information, though not an intellectual property yet treated as a person’s assets as is the patent monopoly
• Chapter on brief survey of Paris Convention, 1883; Patent Co-operation Treaty (PCT); Uruguay Round; Trade Related Aspects of Intellectual Property Rights (TRIPS)

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