Intellectual Property Law ? hot news

Legal systems are not equal or always similar in every country/territory in the world. However, all legal systems provide protection for any movable or immovable property legally acquired and owned by individuals and legal persons in that particular country/territory. On the other hand, ?Property? in its general meaning is tangible.In contrast to real property, Intellectual Property is NOT tangible because it is not a product of human dexterity but of human intellect. Therefore it is said that?it is a fruit of human intellect?. In the process of the development of the world as it stands today, the human mind: the intellect played the major role which nobody can deny. Therefore every country has given a prominent place to this special branch of Law for the sake of economic development.Although it is a fact that the power of thinking or the Power of mind cannot be stolen by a powerful third party, it is equally true that ? Intellectual Property Rights ? are being infringed all over the globe. is the branch of Law that provides protection for this valuable result of human endeavor. is the frame work within which the Intellectual Property Rights are currently protected within each country which is a member state of World Intellectual Property organization (WIPO) and a party for the International Treaties/Agreements such as (PCT)Patent Co-operation Treaty, TRIPS Agreement and Berne convention.Intellectual Property is classified under several Headings in the Act, ie: Copy right and related rights, Industrial Designs, Patents, Marks & Trade Marks, Collective marks, Certification Marks, Trade Names and Layout Designs of Integrated Circuits to be given the protection of Law. The National Intellectual Property Office of each country is the ONLY Government body established for the full control of IP related matters including Registration and Administration of Industrial Designs, Patents, Marks and any other matter as provided by law.Any non-resident individual or legal entity incorporated outside country may register their IP rights in other country through an Attorney/Agent Registered in the National Intellectual Property Office because the Office needs a local Postal Address for correspondence.Copyright : includes all creative and artistic works such as books, movies, music, paintings, photographs, folk lore, sound recordings and computer programs etc, etc which need NO registration under the Act but protected automatically by operation of Law. Industrial Design : Legal protection for an Industrial design expires on completion of FIVE years since its application for registration and can be renewed TWO consecutive periods in accordance with the Law. However the renewal fee should be paid within SIX months before the expiration of the registration but there is a grace period of six months to pay such fees even after the expiration of earlier registration and if so, a surcharge may have to be paid.If any applicant wishes to avail priority for an Industrial design for which he had filed an application in a convention country within a six months from the date he files application in country can make a request for priority by furnishing a copy of the earlier application duly certified by the appropriate authority where the earlier application is filed.Patents: Patents are granted for inventions with exclusive rights for a period of 20 years in accordance with the Laws provided by the Intellectual Property Act mentioned above. Invention according to the Act is, ?an idea of an inventor which permits in practice the solution to a specific problem in the field of technology?. An invention is patentable,? if it is new, involves an inventive step and is industrially applicable? but at the same time the Act does not make provisions for every invention to be patentable.The general requisites for a patent application are : a request for grant of a patent with the name and address of the applicant, Description of the invention, Claims, Drawings (if any), abstract , details of the previous foreign application if any along with the search report( if priority is claimed) etc, and the Power of attorney in favor of the Attorney /Agent who represent the applicant in country.Trade Marks : Mark generally means ? a visible sign which is capable of distinguishing the goods or services of different enterprises?. A mark may consists of a word, a symbol, a device, letters, numerals, a name, surname or geographical name, a combination or arrangement of colors and shapes of goods or containers etc. The visible sign must always be capable of distinguishing the goods or services of different enterprises. Individuals living outside India and legal entities incorporated in foreign soil and engage in trade within the country, need to find a suitable Attorney/Agent within India in order to represent them in all intellectual property matters because the IP Office requires an address in the Indian soil for correspondence.Top Indian law firms engage Global Lawyers to tackle their matters in courts relating to copyright, patent and trademark of their foreign clients and we have the highest rate of success. we do not believe in charging huge amount to a client only because of him being foreigner and of being not fully aware of Indian legal system. only field we are weak is not having much of overseas clients directly. By contacting us and engaging us directly,one can save 70%of money which they are paying to big names though the matter is taken care at our end with dedication, hard work and honesty.For more details contact the Attorneys & Lawyers at : Global Lawyers Call: 0091 9810153965 Visit : http://www.globallawyers.in Country: India, London, Singapore, USA, Hong Kong

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