Quiz 5: Intellectual Property and Internet Law
Facts: The facts deal with the difficulties in patenting software applications and computer processes. The difficulty lies in deciding whether an idea is unique and non-obvious in nature. UPSTO (US Patent and Trademark Office) decided to offer patents to business processes only if they use new machines or tools or transform an article into a different article. Patents: The Patent is one of the Intellectual Property Right, which grants an inventor an exclusive right for an invention of anything or to generate a new way of doing something. It does not give the patentee a right to use or sell an invention/solution but provides him with a right of excluding others top use that invention or solution. Ideas, expressions or new innovations are patentable, in order to be eligible for getting patented, an idea or an expression has to be novel, unique and non-obvious in nature. Outcome : Business Process patents are to be issued in limited numbers by the authorities. Eliminating them completely will affect the chances of offering patents to genuine business processes requiring patent protection. The qualifications for patenting, however, has to be made tougher. This will help in offering patents to only those processes or person who meets the requirements for getting the right of patent. Thus, it can be concluded that business process patents should be severely limited but not eliminated.
The software developed and patented by COMPANY G, that means the COMPANY G has all the rights of selling and market the software they owned. By the law if anyone sells or market COMPANY G'S software is a crime or infringement, here in problem the COMPANY WC do the same, so in this situation COMPANY WC doing patent infringement. To recover the loss generated by the other company due to patent infringement, the following steps are recommended- - The patent owner must enrol a case in the court against the infringer. - The patent owner requests to the court for damage of royalties and lost profit. - As the law of infringement says if the infringement was wilful, and court determines it, the court can triple the amount of damages awarded.
One's original and innovative creation of mind which has commerce value is called Intellectual Property. It is the intellectual work of the individual which has commerce. The term property is attached because intellectual work of individual can be sold, purchased, lease and own. An intellectual property of individual can be • Research work, • Discovery, • Invention and Innovations • Music, • Literary work, • Art, • Names, • Design, • Logos, • Paintings, films etc. A few are types of IP's are 1) copyrights, 2) trademarks, 3) patents, and other legal rights.
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