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Introduction The recent case of JN Mangesh v. Paladin Paints [1] has brought to the forefront the intricate issue of patent ownership between employees and employers in India. This case has rekindled discussions on patent ownership, exposing notable deficiencies in the Indian Patents Act, of 1970, particularly in contrast to other legal systems. Contractual agreements have become increasingly important due to the absence of clear statutory guidance about patent ownership in employee-employer relationships, which frequently leaves both parties exposed. This article explores the legal landscape, worldwide comparisons, and potential solutions as it digs into the subtleties of this problem. Current Practice in India According to current practice in India, it is customary for employees to transfer their patent rights to their employer. Pre-assignment clauses in employment contracts and assignment agreements made after an invention are commonly used to enable this. The reasoning is si

Licensing can be referred to as one of the powerful tools that businesses, especially startups, could use to increase their reach while at the same time reducing costs and increasing brand value. This blog explores several aspects relating to licensing, its benefits, challenges, and practical applications within the modern-day business environment. What is licensing? A license is a legal agreement wherein one party, called the licensor, grants another, called the licensee, the right to use their intellectual property, which could be trademarks, patents, or even copyrights, under certain specified conditions. This enables the licensee to manufacture or sell products based on or using the IP of the licensor and generates revenue for the latter in the form of royalties or fees. Types of Licensing Trademark Licensing : It involves allowing another entity to use a brand name or logo. This is very common in franchising. Patent Licensing : It involves allowing the use of patented te

What is Novelty Search Research and development have resulted in the creation of several inventions. However, for an invention to be patentable, it needs to be novel. Novelty means that an invention must be new and not anticipated by any prior public disclosures. Further, in addition to the requirement of novelty, an invention should not be obvious to a person skilled in the art and should have utility. A novelty search is conducted  to identify prior art which might affect the novelty of an invention. Prior art encompasses any prior public disclosure that anticipates the  invention, including existing patents, published articles, technical papers, product releases and other important publicly accessible information. When an invention has numerous prior art references, demonstrating the novelty of the invention becomes complex and tedious. By conducting  a novelty  check one can assess the likelihood of securing a patent and identify potential challenges in securing a patent . [Image S

  Introduction In India, environmental conservation is essential to ensuring sustainable development and preserving the health of the country's enormous population. Rapid urbanisation and industrialisation have exacerbated pollution and degraded natural resources, endangering ecosystems and biodiversity. India passed the Environmental (Protection) Rules [1] in 1986, marking a significant turning point for the nation's sustainable growth and preservation of the environment. These regulations sought to reduce the effects of humans on the environment and the preservation of natural resources. The Environmental (Protection) Rules are a comprehensive set of rules, guidelines, and standards that tackle various environmental issues. Controlling pollution in the air and water, managing trash, protecting environmentally sensitive places, conserving biodiversity, and regulating dangerous compounds are a few of these. As environmental issues are arising exponentially, it is imperati