Law of Patents and Trade Secret
- Year of Publication: 2022
- ISBN: 978-93-92141-85-0
- No.of Pages: 1176
The Book commences with a prologue giving 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, followed by an introductory. chapter, chapters on patent system in India, general concepts of patent, interaction with law of competition, and an overview of Indian patents law.
After these preliminary chapters, the book contains chapters on substantive provisions of the Patents Act chapters on invention and inventive steps, product and process patent, non-patentable invention, patentability of medicines and drugs, patentability of computer software, and thereafter 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, 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.
These are followed by chapters on administration of patents law ; 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.
A chapter is devoted to trade secrets and confidential information. Trade secrets and confidential information, strictly speaking is not an intellectual property, yet treated as a person’s assets as is the patent monopoly. Equity restrains its transmission to another in breach of some confidential relationship. In the end is added a chapter on brief survey of Paris Convention, 1883; Patent Co-operation Treaty (PCT); Uruguay Round; Trade Related Aspects of Intellectual Property Rights (TRIPs).
D. P. Mittal, B.Sc., BA (Economics), LL.B., is an advocate, tax and business law consultant. He has a long experience in administering tax laws as an officer of Indian Revenue Service and in advising investors and entrepreneurs on legal and tax aspects of investment in India as an advocate now and previously as a senior adviser in the Indian Investment Centre, New Delhi (a Government of India Organization). He has authored widely acclaimed books - Principles of Constitutional and Administrative Law; Interpretation of Statutes, Wills and Deeds; Law Dictionary; Principles of Business and Commercial Laws; Competition Law; Law relating to Limited Liability Partnership; Administrative Law; Arbitration Law; Law of Trademarks, Passing Off and Geographical Indications; Law of Patents; Information Technology Law; Law of Benami Transactions; Law relating to Formation of Companies; Law relating to Company Meetings and Resolutions; Law relating to Corporate Financing; Law relating to Investigation; Indian Double Taxation Agreements and Tax Laws in India; GAAR; Law of Transfer Pricing in India; Treatise on Direct Tax Code; Law of Sick Industries; Offences and Prosecution; and many more, besides more than two hundred research articles in various Journals and magazines.
Commercial LAW PUBLISHERS (INDIA) PVT. LTD. which is in the legal publishing business for nearly three decades is now one of the top ranking legal publishers in India–recognized and accepted by diverse professionals and business entities as well as Government Departments in view of the high quality, practical utility as well as diversity in subjects on which it brings out Books. It has the powerful backing of its vast exposure as the leading Books Distributor All over India for over 45 years. From just a couple of titles during the first few years of its publishing activity, Commercial has now around 200 titles and over 350 Bare Acts & Manuals in the field of Direct Indirect Taxes, Corporate Law and Civil/Criminal Laws. It successfully launched the Bare Acts project in the year 1996 and has so far brought out over 350 updated Bare Acts. These are much sought after since these Bare Acts are annotated ones containing notes and brief comments, thus enhancing their utility. Commercial has been bold enough to bring out Books, Commentaries and Referencers on hitherto untouched subjects like Legal Metrology. It has a record number of publications on Income Tax, Company Law, Customs, GST and Students Publications for CA & CS by bringing out high quality publications at affordable prices and is an highly ethical business enterprise. Commercial has withstood the market competition successfully over the years including competition from Foreign publishers and strives its best to serve the legal and corporate professionals better and better every day with its novel ideas and business strategy. Commercial is backed by a team of highly competent in-house professional experts supplemented by high profile authors who have stood by it for decades.
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- Year of Publication: 2022
- ISBN: 978-93-92141-85-0
- No.of Pages: 1176
The Book commences with a prologue giving 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, followed by an introductory. chapter, chapters on patent system in India, general concepts of patent, interaction with law of competition, and an overview of Indian patents law.
After these preliminary chapters, the book contains chapters on substantive provisions of the Patents Act chapters on invention and inventive steps, product and process patent, non-patentable invention, patentability of medicines and drugs, patentability of computer software, and thereafter 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, 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.
These are followed by chapters on administration of patents law ; 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.
A chapter is devoted to trade secrets and confidential information. Trade secrets and confidential information, strictly speaking is not an intellectual property, yet treated as a person’s assets as is the patent monopoly. Equity restrains its transmission to another in breach of some confidential relationship. In the end is added a chapter on brief survey of Paris Convention, 1883; Patent Co-operation Treaty (PCT); Uruguay Round; Trade Related Aspects of Intellectual Property Rights (TRIPs).
D. P. Mittal, B.Sc., BA (Economics), LL.B., is an advocate, tax and business law consultant. He has a long experience in administering tax laws as an officer of Indian Revenue Service and in advising investors and entrepreneurs on legal and tax aspects of investment in India as an advocate now and previously as a senior adviser in the Indian Investment Centre, New Delhi (a Government of India Organization). He has authored widely acclaimed books - Principles of Constitutional and Administrative Law; Interpretation of Statutes, Wills and Deeds; Law Dictionary; Principles of Business and Commercial Laws; Competition Law; Law relating to Limited Liability Partnership; Administrative Law; Arbitration Law; Law of Trademarks, Passing Off and Geographical Indications; Law of Patents; Information Technology Law; Law of Benami Transactions; Law relating to Formation of Companies; Law relating to Company Meetings and Resolutions; Law relating to Corporate Financing; Law relating to Investigation; Indian Double Taxation Agreements and Tax Laws in India; GAAR; Law of Transfer Pricing in India; Treatise on Direct Tax Code; Law of Sick Industries; Offences and Prosecution; and many more, besides more than two hundred research articles in various Journals and magazines.
Commercial LAW PUBLISHERS (INDIA) PVT. LTD. which is in the legal publishing business for nearly three decades is now one of the top ranking legal publishers in India–recognized and accepted by diverse professionals and business entities as well as Government Departments in view of the high quality, practical utility as well as diversity in subjects on which it brings out Books. It has the powerful backing of its vast exposure as the leading Books Distributor All over India for over 45 years. From just a couple of titles during the first few years of its publishing activity, Commercial has now around 200 titles and over 350 Bare Acts & Manuals in the field of Direct Indirect Taxes, Corporate Law and Civil/Criminal Laws. It successfully launched the Bare Acts project in the year 1996 and has so far brought out over 350 updated Bare Acts. These are much sought after since these Bare Acts are annotated ones containing notes and brief comments, thus enhancing their utility. Commercial has been bold enough to bring out Books, Commentaries and Referencers on hitherto untouched subjects like Legal Metrology. It has a record number of publications on Income Tax, Company Law, Customs, GST and Students Publications for CA & CS by bringing out high quality publications at affordable prices and is an highly ethical business enterprise. Commercial has withstood the market competition successfully over the years including competition from Foreign publishers and strives its best to serve the legal and corporate professionals better and better every day with its novel ideas and business strategy. Commercial is backed by a team of highly competent in-house professional experts supplemented by high profile authors who have stood by it for decades.
