Intellectual property law deals
with providing safeguard from pilferage of a man’s creations. It is divided
into patents, copyrights, trademarks, and copyright in design and so on. The protection
of one’s intellectual property not only ensures that only the creator shall get
the rewards of his labour but it also encourages further development of the
product.
Patents are awarded either for a
product or a process, i.e., either for an entirely new physical object or for a
novel way of creating something. Thus, there can be a patent for a machine or
on a medicine or on a particular method of its preparation.
Medicines- Supreme Court of India
The Supreme Court of India
rejected the Novartis drug patent and upheld the view that under Indian Patent
Act for grant of pharmaceutical patents apart from proving the traditional
tests of novelty, inventive step and application, there is a new test of
enhanced therapeutic efficacy.
Human genome-Supreme Court of
United States
The US Supreme Court held that
human genome cannot be patented because it is found naturally in the human body
and just because it has been extracted does not make it patentable item. The court
observed that DNA is a product of nature and not subject to patent.
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