Que4.7. What are infringing andnon-infringing conditioning? AnswerA. Infringing conditioning 1. The Patents Act, 1970, doesn’t exactly list down conditioning which would be considered infringing. 2. Having said that, Section 48 of the Act confers exclusive rights to the patentee to help third parties from making, using, offering for trade, dealing or importing the patented invention for the purpose of using, dealing and offering for trade in India without the concurrence of the patentee. 3. thus, one can presume that any act of a third party which violates the rights conferred upon the patentee, shall be considered an act of violation.B.Non-infringing conditioning 1. The Patents Act 1970, in Sections 47, 49 and 107A defines certain conditioning related to the patented invention which aren’t considered as infringing conditioning. 2. They can be called the statutory immunity to violation. 3. The statutory immunity to violation arei. Government use. ii. Immunity for exploration and development. iii. force of medicinal medicine to medical institutions by Government. iv. Patented invention used on foreign vessels.v. Bolar immunity and resemblant significances. Que4.8. What do you understand by the term brand? Who’s the proprietor of a copyrighted work? Answer 1. Brand is a type of intellectual property that gives its proprietor the exclusive right to make clones of a creative work, generally for a limited time. 2. The Copyright Act, 1957 supported by the Brand Rules, 1958 is the governing law for brand protection in India. Substantial emendations were carried out to the Copyright Act, in early 2012. proprietor of copyrighted work 1. As a general rule, the author of a work is the first proprietor of brand in a work. 2. For an original erudite, musical, and cultural work, it’s the person who created similar work. In case of a snap, it’s the shooter. For computer- generated workshop, the author is the person who causes the work to be created. 3. still, where two or further parties produce a work together, brand power becomes a more delicate issue. 4. In addition, brand power is more delicate to determine when the creator of a work is being paid by a third- party to produce the work. Some of the eligible possessors of copyrighted work are as follows 1. Hand and contractor worka.However, his or her employer becomes the first proprietor of the brand in the work, If a person in the course of his or her employment under a contract of service or internship creates any work. b. In case of contract work the first proprietor of the brand is the independent contractor. To enjoy the brand, the hiring party would have to gain an assignment in writing from the independent contractor. 2. Joint and collaborative powera. Work of common authorship is established only when the work is produced by the collaboration of two or further authors. 3. Transfer of rightsa. Brand and neighbouring rights can generally be transferred by assignment, by testamentary disposition or by heritage. 4. empowering a. The proprietor of a brand may either certify the entire brand or the licence may be confined to one or further interest in the brand. b. The brand may be certified to further than one personnon-exclusively. Que4.9. What’s brand violation? What amounts to brand violation? Answer 1. Brand is a negative right that lets the proprietor enjoy exclusive right over his/ her Work without any interference from others. 2. still, it constitutes an violation of brand in the Work, If the Work is used exploited by any person other than the proprietor without his/ her authorization. 3. Brand violation can be primary or secondary. 4. In case of primary violation, the infringer clones the original work without the proprietor’s authorization, whereas secondary violation covers unauthorized dealings similar as selling of infringing clones of the Work,etc. 5. According to the Imprints Act, 1957, brand in a Work shall be supposed to be infringed wheni. Unauthorized use of the exclusive rights of the proprietor of Imprints under the Act by any other person; ii. Permitting a place for the communication of the Work to the public for a profit; iii. Make or let for trade or hire copyrighted Work without authorization of the proprietor; iv. Distribution or exhibition of infringing clones for trade and particular earnings;v. Importing of infringing clones into India. Que4.10. What are the remedies for brand violation? AnswerA. Civil Remedies 1. The Imprints Act, 1957 countries that in case of violation, the proprietor of Brand shall be entitled to all similar remedies by way of instruction, damages, and accounts. 2. Depending upon the data and circumstances of each case following orders are generally passed by the Indian Courts in case of violation of Imprintsa. Interlocutory instruction, i.e., a temporary instruction against violation of imprints till final disposal of the suit.b. Anton Pillar order, i.e., an order permitting the brand proprietor along with a Original Commissioner appointed by the Court to search the demesne and seize the infringing goods.c. John Doe order, i.e., cease and desist orders passed by the Court against unknown infringers. In similar cases, the identity of the infringer is unknown to the Plaintiff and is appertained to as “ John Doe ” till the identity becomes given. Criminal Remedies 1. Section 63 of the Act states that felonious proceedings can be initiated against the infringer by the proprietor of brand and the discipline towards the same shall be imprisonment of at least 6 months which may be extended to 3 times with a forfeiture of INR,000, which may extend to INR 2 lakhs. 2. In case of felonious action, any police officer, not below the rank of Sub Inspector, is permitted to seize the infringing clones without a leave and produce them before a Magistrate. Que4.11. Explain Right to Information( RTI) Act, 2005. What type of information can be requested through RTI? Answer 1. Right to Information Act 2005 authorizations timely response to citizen requests for government information. 2. The act is one of the most important acts which empower ordinary citizens to question the government and its working. 3. This has been extensively used by citizens and media to uncover corruption, progress in government work, charges affiliated information,etc. 4. All indigenous authorities, agencies, possessed and controlled, also those organisations which are mainly financed by the government comes under the horizon of the act. 5. The act also authorizations public authorities of union government or state government, to give timely response to the citizen’s request for information. 6. The act also imposes penalties if the authorities detention in responding to the citizen in the quested time. Types of information requested through RTI 1. The citizens can seek any information from the government authorities that the government can expose to the congress. 2. Some information that can affect the sovereignty and the integrity of India is exempted from the horizon of RTI. 3. Information relating to internal security, relations with foreign countries, intellectual property rights, press conversations are exempted from RTI. Que4.12. What are the objects of the Right to Information Act, 2005? Answer objects of the Right to Information Act, 2005 1. Empower citizens to question the government. 2. The act promotes translucency and responsibility in the working of the government. 3. The act also helps in containing corruption in the government and work for the people in a better way. 4. The act envisages erecting better-informed citizens who would keep necessary surveillance about the functioning of the government ministry. Que4.13. Describe Information Technology Act, of 2000. Answer i. The Information Technology Act, of 2000 provides legal recognition for deals carried out by means of electronic data cloverleaf and other means of electronic communication, generally appertained to as” electronic commerce”, which involve the use of druthers
to paper- grounded styles of communication and storehouse of information, to grease electronic form of documents with the Government agencies. ii. Some highlights of the Act are listed below 1. Use of Digital hand to authenticate an electronic record. 2. Details about Electronic Governance. 3. Scheme for regulation of Certifying Authorities. 4. Penalties and adjudication for colorful offences. 5. Establishment of the Cyber Regulations Appellate Tribunal. 6. colorful offences and the said offences delved only by a Police Officer not below the rank of the Deputy supervisor of Police. 7. Constitution of the Cyber Regulations Advisory Committee.
