India - Patents (Amendment) Act, 2005

Written by P.M.George Kutty


The Government of India has metrepparttar December 31 deadline for complying with its obligation to World Trade Organisation (WTO) under TRIPs agreement, by promulgating an Ordinance - The Patent (Amendment) Ordinance, 2004 followed byrepparttar 146704 Act - Patent (Amendment) Act, 2005.

Under TRIPS, India was required to introduce product patent where only process patent was permitted. Procedural changes were also required to be made as per Patent Co-operation Treaty (PCT). The new Act ensures adequate safeguards against misuse of patent rights and vests enough power withrepparttar 146705 Government to intervene and ensure that patented inventions are available forrepparttar 146706 public at an affordable price.

In nutshell,repparttar 146707 most important changes are:

∑Product Patent can be issued in respect of food, drugs and chemicals. Provisions of 'process patent' for these goods abolished.

∑Provisions in respect of EMR (Exclusive Marketing Rights) abolished.

Breach over a Troubled Contract

Written by Kristine Llabres


Every one should be aware of this, since everyone is entering and engaging into contracts. Maybe not that elaborate and specific but still itís a contract.

A breach of contracts occurs whenrepparttar injured party may have initiated a lawsuit or claim to enforcerepparttar 146566 contract. Actually, a lawyer will look atrepparttar 146567 contract and other pertinent information and send out a strong worded letter, basically a threatening lawsuit.

In some cases that works when a settlement is agreed upon, but when it does not,repparttar 146568 injured party may need to follow through a lawsuit. A process server will eventually foundrepparttar 146569 person that another person is suing. Well, believe it or notrepparttar 146570 guy would be furious.

For instance, a lawyer did an asset search and learned thatrepparttar 146571 person being sued had put all his money in an equity trust, which white collar criminals often do, right? Well,repparttar 146572 sued person is bound to pay a considerable judgment, thanks torepparttar 146573 extra diligent work ofrepparttar 146574 lawyer and all his staff who help him through it all.

Take note that when a breach of contract occurs, someone is bound and usually suffers. The injured party can simply roll over and take it or he can just fight back, whatever he wanted, he may do so. After all, fighting back usually requires much legal expertise and legwork. Oftentimes, people who breach contracts will often result to any means just to avoid paying. Dedicated lawyers and legal professionals can flush them out and force them to pay as soon as they are sued.

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