The granting of a Patent confers certain exclusive rights on the Patentee. However, it does not mean that such rights could never be revoked if it can be proved that the examination was not properly done due to which relevant prior art was ignored. Such a presumption of validity of a Patent is...

This paper is designed to affirm the possibly of software patenting while taking the comparison between the legal approach of America, Europe and India. Although copyright is Main method of patent protection but it is not the absolute form of protection, in copyright the expression is more...

Scholars debate whether intellectual property is truly property and the lessons learned about property rights in traditional property should be applied to property rights in inventions and other intellectual property.As we know, Intellectual property protects applications of ideas and...

The entire topic revolves around the concept of reverse settlement payment in which a huge lump of money is paid by the company owning the patent to the generic company for not infringing its product and so that it could enjoy its 20 years for that patent. These provisions are enabled by...

Trade secrets and patents have a thin line of difference, indeed, and it is particularly for the integrity of trade secrets that prior user rights are very important. It is not possible and practicable to obtain patents on all patentable albeit marginal inventions and it would be much too...

Traditional knowledge has always been an easily available treasure and thus has been subjected to misappropriation. Intellectual Property Rights are one of the sites which represent the encounter between indigenous knowledge and modern scientific knowledge. The researchers in this paper try to...

NGO’s, activists and others protested recently outside Novartis’s annual shareholders meeting in Basel, Switzerland, and also at Novartis offices in New York, Washington, and Cambridge, Mass., demanding that the company drop the case. Demonstrators complain that Novartis is trying to stop...