Legal Question in Intellectual Property in California

intellectual property commercial exploitation

What is understood by intellectual property and its nature scope for commercial exploitation?

''A patent is a statutaory grant confirring certain monopoly right on the gurranty for a define period,subject to certain condition''-discuss in the light of the above statement the scope and extent of right to exploit patent.

Role of intellectual property in economy and cultural development of a country.

Give a brief resume of IPR at international level.

What is the impact of EMR on Indian economy?


Asked on 2/28/04, 9:45 am

3 Answers from Attorneys

Owen Smigelski Smigelski & Savari

Re: intellectual property commercial exploitation

This appears to be a topic that one might explore in a research paper, and is not one that can be simply answered here in this forum. Perhaps a more narrow question would help in answering this.

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Answered on 2/28/04, 6:35 pm
Kasim Master Master&Master

Re: intellectual property commercial exploitation

Your question requires a tome. In a nut shell, Intellectual Property is Trade Mark, Copyright and Patents. Trade Mark is an orginal 'mark' coined for a product or a service for use thereon in the course of trade. e.g.coke Copyright is on an original work e.g. a novel, Patent is a right to an original invention. Period of 'monopoly' for Trade Marks 7 years Copyright 26 years. Patents 5 years or 7 years. Elsewhere 20 years. Trade Marks, and Patents commercially exploitable during the period of the grant. Trade Marks are renewable but not Patents. Patents can be made to be licensed to third parties by the Government for the common good e.g. AIDS In India Patents are granted for a 'process' and not for the end product in case of drugs, foods and chemicals. So far as EMRs are concerned their significance may be lost at the end of this year. After 1st. January 2005 the Patent applications will be taken up and the grant of the Patent will grant exclusivity to the holder of the Patent of the product.

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Answered on 2/29/04, 7:44 am
Kasim Master Master&Master

Re: intellectual property commercial exploitation

Your question needs a tome to answer. In a nut shell, Intellectual Property is Trade Mark, Copyright and Patents. Trade Mark is an orginal 'mark' coined for a product or a service for use thereon in the course of trade. e.g.coke Copyright is on an original work e.g. a novel, Patent is a right to an original invention. Period of 'monopoly' for Trade Marks 7 years Copyright 26 years. Patents 5 years or 7 years. Elsewhere 20 years. Trade Marks, and Patents commercially exploitable during the period of the grant. Trade Marks are renewable but not Patents. Patents can be made to be licensed to third parties by the Government for the common good e.g. AIDS In India Patents are granted for a 'process' and not for the end product in case of drugs, foods and chemicals. So far as EMRs are concerned their significance may be lost at the end of this year. After 1st. January 2005 the Patent applications will be taken up and the grant of the Patent will grant exclusivity to the holder of the Patent of the product.

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Answered on 2/29/04, 7:45 am


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