Intellectual Property Essay

1.1 Intellectual property:

Intellectual properties are legal terms that refer to creations of the mind. Examples are music, literature, and other artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Owners of intellectual property are granted certain exclusive rights and these rights are protected by intellectual property right laws or IPRs. Some common types of intellectual property rights are copyright, patents, industrial design rights and other property tights that protect trademarks, trade secrets and trade dress. [1]

1.2 Useful definitions:

1.2.1 Patents: A patent is a right granted by the government to an inventor, giving the owner the right to exclude others from making, using, selling, offering to

The Patents Act, 1970, Chapter 2

[http://ipindia.nic.in/ipr/patent/eVersion_ActRules/sections/ps3.html]

1. “An invention, that is frivolous or that claims anything obviously contrary to well established natural laws;

2. An invention, the primary or intended use of which would be contrary to law or morality or injurious to public health;

3. The mere discovery of a scientific principle or the formulation of an abstract theory;

4. The mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant;

5. A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;

6. The mere arrangement or rearrangement or duplication of known devices, each functioning independently of one another in a known way;

7. A method of agriculture or horticulture;

8. Inventions relating to atomic energy.

9. Any process for the medicinal, surgical, curative, prophylactic or other treatment of human beings or animals.

10. Plants and animals in whole or any part thereof other than