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Consult and Get Legal Advice from Intellectual Property, Copyright, Patent, Trademark Expert Lawyers in Allahabad

VIMAL K MISHRA

Advocate High Court
Exp
Allahabad , Uttar Pradesh

Specialization

  • Intellectual Property, Copyright, Patent, Trademark
  • Civil
  • Employment And Labour
  • Government Contracts
  • Industrial Laws
Vimal Kumar Mishra have substantial work experience with DRT, DART, CAT and matters related to Corporate laws, Consumer, Loan securities and mortgage creation, Constitutional, MRTP, Rent, Property, GST, Income Tax, Co-operative Societies, Labour laws, Trademark, Patent & Copyright. View Full Profile

Arvind Tripathi

Lawyer
Exp
Allahabad , Uttar Pradesh

Specialization

  • Intellectual Property, Copyright, Patent, Trademark
  • Civil
  • Criminal
  • Cheque Bounce
  • Divorce
Mr. Arvind Tripathi, Advocate is an Advocate with 30 years of experience in Civil and Criminal matters. He specializes in Service and Bail matters. He runs a Law Firm by the name of Mimansa Law Firm which is very reputed firm in the whole of Uttar Pradesh. View Full Profile

Markanday Singh

Advocate
Exp
Allahabad , Uttar Pradesh

Specialization

  • Intellectual Property, Copyright, Patent, Trademark
  • Criminal
  • Arbitration And Mediation
  • Trust And Society (NGO)
  • Tax
Practising as a legal practitioner since ladt 10 years in allahabad high court and all tribunals located in allahabad or lucknow . I try to feel confort my client for legal issues. View Full Profile
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  • What is Intellectual Property?
  • What is Trademark?
  • What is Copyright?
  • What is Patents?
  • What are Intellectual Property, Trademarks, Copyright, Patents Laws?

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your Intellectual Property, Trademarks, Copyright, Patents Laws related queries and also guide you on how to resolve this matter with ease.

About the Intellectual Property, Trademarks, Copyright, Patents Laws


Black’s Law Dictionary defines “intellectual property” as “(a) category of intangible rights protecting
Commercially valuable products of the human intellect. The category comprises primarily trademark, Copyright, and Patent rights, but also includes trade secret rights, publicity rights, moral rights, and rights against unfair competition.”

What are the applicable laws to the Intellectual Property, Trademarks, Copyright, Patents Sector?


The major forms of intellectual property are trademarks, copyright, and patents. However, with the rise in the complexities of human transactions, a need for better regulatory framework which led to some legislations, some of which are:
The following laws have been enacted to protect newly recognized species of intellectual property in India:

  • The Geographical Indications of Goods (Registration and protection) Act, 1999;
  • The Semiconductor Integrated Circuits Layout- Design Act, 2000;
  • The Protection of Plants & Varieties and Farmers Rights Act, 2001; and
  • The Biological Diversity Act, 2002

Trademark:


As per Black’s Law Dictionary, Trademark refers to a distinctive mark, motto, device, or emblem, which a manufacturer stamps, prints, or otherwise affixes to the goods he produces, so that they may be identified in the market, and their origin be vouched for.
In India, trademarks are secured both under statutory law and common law. The Trade and Stock Marks Act, 1940 ("TM Act, 1940") was the primary law in such manner in India, which was supplanted later by the TM Act, 1958. The Trade Marks Act, 1999 ("TM Act") - which has supplanted the TM Act, 1958 - became effective on September 15, 2003also, is in consistence with the TRIPS commitments. The TM Act takes into consideration the enrolment of administration marks and three-dimensional marks also. India takes after the NICE Classification of goods and services, which is fused in the Schedule to the Rules under the TM Act.1 A Trade Marks Registry had been set up for the motivations behind the TM Act, 1940, which has kept on working under the TM Act, 1958 and TM Act. The Trade Marks Registry is under the charge of the Registrar of Trademarks. The head office of the Trade Marks Registry is in Bombay (Mumbai) and its branches are at Calcutta (Kolkata), Delhi, Madras (Chennai), and Ahmedabad. The territorial jurisdiction of every office has additionally been allotted.

Copyright:


As per Black’s Law Dictionary, Copyright refers to the right of literary property as recognized and sanctioned by positive law. A right granted by statute to the author or originator of certain literary or artistic productions, whereby he is invested, for a limited period, with the sole and exclusive privilege of multiplying copies of the same and publishing and selling them.
The Copyright Act, 1957 ("Copyright Act"), bolstered by the Copyright Rules, 1958 ("Copyright Rules"), is the representing law for copyright assurance in India. Considerable amendments were done to the Copyright Act, in mid-2012 ("Amendment").A portion of the striking amendments have been examined in this section.

Patent:


As per Black’s Law Dictionary, patent is a legal document which provides protection to the ideas of any individual. Usually issued by the Patent Office of a country, the patent is granted to any firm or individual. Usually, patents constitute of four different classes: Machine (a device or apparatus created by a person for the performance of a specific task, process (a process created by an individual), manufacture (any fabricated or manufactured product) or the composition of matter (any chemical mixture or compound created by a person). Patents can be sued for.
In India, the law overseeing patents is the Patents Act, 1970 ("Patents Act"). In India's proceeded endeavours to consent to its dedication under Outings the Patents Act has been altered thrice since 1995, by the Patents (Amendment) Act, 1999("To start with Amendment"), the Patents (Amendment)Act, 2002 ("Second Amendment") and Patents(Amendment) Act, 2005 ("Third Amendment"), Prior to the Third Amendment, the President of India had proclaimed Patents (Amendment) Ordinance, 2004("Statute"), which was later supplanted by the ThirdAmendment.44 The enactment is bolstered by the Patents Rule, 2003 ("Rules"). The accompanying layouts the present Indian patent law system.

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