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ANSWER 1-

Discovery-
A discovery is recognizingssomething that alreadyexists for the first time that
nobody has found before. As a result of the discovery, nothingshas changed apart
from an associated increase in knowledge. Discoveries are therefore the first
description of a natural law or a law derivedsfrom natural laws

Example- Scientists Discovered fossil fuels whichshave been there for thousand
years are a discovery as it was there but we did not knewsabout it. Other examples
of discovery are new specie of plants, animals etc.

Invention-
An invention is creating somethingstotally new with one’s own ideas and
development. Althoughsan invention is completely new to the world, the physical
material needed for its productionsalready exists, innovated from the ideas and
experiences of the individual. Therefore making inventionsis unique. Creating all
the material into somethingswith the concepts of + − × and ÷ is what invention is
all about.
Example- Television, it was inventedsby the Farnsworth in 19th century. As it did
not exist before the scientist invented this,even though the parts which are used to
make television were not existed, so this a invention.
Answer 2-

In general, to qualifysas a trade secret, the information must be:

• Commercially valuable because it is secret,


• Be known only to a limitedsgroup of persons, and
• Be subject to reasonablessteps taken by the rightful holder of the information to
keep it secret, including the use of confidentialitysagreements for business
partners and employees.
Not all information qualifies for trade secret protection.
• In general, information that is knownsto the public or that competitors can
discover through legal means doesn’t qualifysfor trade secret protection.

The strongest case for trade secret protection is information that is


characterized by the following:
• Is not known outside the company.
• Is known inside the companyson a “need-to-know” basis only.
• Is safeguarded by stringent effort to keep the information secret.
• Is valuable and providessthe company a competitive edge.
ANSWER 3-

Biotechnology in the India is the industry of organisms that manufacture


commercial products. Interestingly, it can be quite controversialsat times i.e. stem
cells and gene cloning. Despite this, biotechnology is integralsto advancements in
the healthcare and pharmaceutical industry.

Importance of copyright-

Copyright provide inventors twenty years of exclusivesrights to make, use, and sell
their inventions. Some of the most favorablesaspects include:

• Creating barriers for similar productssin the marketplace.


• Enhancessa company’s value.
• Opportunities of generating licensingsrevenue.

Biotechnology does a greatsdeal of good for the world. As such, we owe it to the
inventors to allow them to profit off their ideassas well as we have. Thus, the
importance of patenting: twenty years of exclusive rightssto make, use, and sell
their inventions in the marketplace.
Answer-4

In order to maintain an appropriatesbalance betweensthe interests of right holders


and users of protectedswork, copyrightslaws allow certain limitations seconomic
rights, that is, cases in which protectedsworkssmay be used without the
authorization of the right holder and with or without paymentsof compensation.

Copyright does not protect individual word, short phrases, and slogans, familiar
symbolssor designs; or mere variations of typographic ornamentation, lettering, or
coloring; mere listings of ingredientssor contents.

For example, an entrepreneur may have the ideas to open a restaurant. The idea
itself is not eligible for copyrightsprotection. However, if the entrepreneur writes
down specifically what his or her restaurantswill look like and how it will operate,
that descriptionsis copyrightable.

The legal principle describing this conceptsis called the idea-expression


dichotomy. An idea is not copyrightable, but the specific expressionsof an idea is.
ANSWER 5-

Dispute resolution mechanismsscan be described as formalsor informal. Formal


dispute resolution takes place when disputes are resolved in a court of law or in
another formalssetting, such as arbitration. In contrast, parties mayschoose
informal mechanisms such as negotiationsand mediationsto settle their disputes.

• Negotiation between the parties – this can be very informal and involve
exchange of correspondencsor telephone calls. Negotiation may also take
place between professional agents appointed to representsthe parties, or
there may even be a more formal negotiation meeting. Negotiationsis usually
confidential. The costs involved are usually the timesof the parties
negotiating, the costs of correspondencs and travel expenses.
• Mediation – this refers to a situationswhen an impartial third party hears
both sides of the dispute and helps the parties to come to an agreementsto
resolve the dispute. A professional mediatorscan be used. Mediation is
usually confidential. The costs involved are similarsto negotiation but a
mediator’s fee may have to be considered.
• Arbitration – this is when a third party is appointed to listen to the disputes
and to make a decisionson the outcome. Usually an arbitratorsis an expert in
the area of the dispute. Arbitration is usually confidentialsand thereswill be
costs involved in the arbitrationsprocess.
• Court Action – in a court action each party, or their agent, makes their
argument before a judgeswho then makes a decision on the outcomeswith
reference to the law. Court Action is a matter of publicsrecord. Court fees
are payable for starting an action and at varioussstages in the process,
including hearings. In the India, there is a general rule that the losingsparty
may have to reimburse some of the costs of the successfulsparty but this can
be limited.

ANSWER 6

UTILITY PATENT VS PLANT PATENT

UTILITY PATENT PLANT PATENT


A utility patent protects the structure, A plant patent can be obtained by
composition, or functionsof an someone who inventssor discovers and
invention. A utility patent can protect a asexually reproduces any distinct ands
physical device, a step-by-step methods new variety of plant, including
(which can be used to coversthings like cultivated sports, mutants, hybrids, ands
software or methods of manufacturing newly found seedlings, other than as
chemicals), or a composition of matters tuber propagated plantsor a plant found
(e.g., biological or chemical). in an uncultivated state.

• Generally speaking, a utility patent lasts Plants that are asexually


20 years from the earliestsfiling date. reproduciblesare those that are
reproduced by means other than from
seeds, such as by the rootingsof
cuttings, by layering, budding, grafting,
inarching, etc.
• You should always expect the Patent A plant that is capablesof sexual
Office to initiallysreject your utility reproduction, however, is not excluded
patent application, and you shoulds from patent protection if it has
expect to respond to at leastsone alsosbeen asexually reproduced. As an
rejection before yoursapplication is example, in 1934, a Indian Plant Patent
possibly allowed. Utility patents are was granted covering a “new and
more expensive and difficultsto obtain distinct variety of avocadoshaving
than a design patent. certain-highly desirable characteristics.

• Maintenance feessmust be paid years


after the paid was issued.

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