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International law. The case - Essay Example

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The State Y Patent Office advertised the application in its Official Journal and no one opposed it. Omni accordingly received the patent. Recently, Green Chemical, Ltd. in State Y began to produce a fertilizer in competition with Omni's Fast Grow 39 called "GreenUp." Omni had a sample of GreenUp analyzed and the analysis showed that GreenUp contained the same cornstarch and Nitrophos formula as Fast Grow 39…
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International law. The case

Download file to see previous pages... Natural products are fetching ever more precious in today's society. An important part of the shopper market is persuaded that natural products are linked with security and health, while artificial products are linked to unwanted side effects.
In reaction to this trend, significant shifts are happening in many industrial sectors, such as food, drink, cosmetics and pharmaceuticals, mostly because of rising feelings of the benefits of "lifestyle in agreement with nature". Since gathering consumer wants and expectations are of main significance for companies' competitiveness, there is a "gold race" for the use of natural elements as raw materials to expand a broad diversity of products.
According to the Expert Ferreira, the "green wave" has led therapeutic plant sharing companies to seek "new products", with a sight to supplying the increasing demand in this market. Certainly, the similar thinking could be extensive to other industrial sectors intimately connected to human health, hygiene and food. This is the cause why rising countries abruptly discover themselves in the attention because of the sometimes huge biodiversity of plants rising within their boundaries.
According to the Constitution of the United States gives Congress the authority to pass laws connecting to patents, in Article I, section 8, which reads "Congress shall have power to endorse the development of science and helpful arts, by securing for imperfect times to authors and inventors the elite right to their individual writings and discoveries." (US Constitution online, 2006) Under this authority Congress has from time to time enacted a range of laws relating to patents. The first patent law was enacted in 1790. The patent laws underwent a universal revision which was enacted July 19, 1952, and which came into result January 1, 1953. It is codified in Title 35, United States Code. As well, on November 29, 1999, Congress enacted the American Inventors Protection Act of 1999 (AIPA), which more revised the patent laws. See Public Law 106-113, 113 Stat. 1501 (1999). The patent law specifies the topic substance for which a patent may be obtained and the conditions for patentability. The law establishes the United States Patent and Trademark Office to administer the law connecting to the yielding of patents and contains a range of other provisions linking to patents (Ray, 2003). A product can not be patented if any information is already available about it in any domestic or international level journals. So giving patent rights to Omni was wrong and the request for revocation should be granted as information was available in journal articles present in the libraries of state Y.
Patents on Natural Products
Investments in study and development are closely related to the hope of obtaining rights over the results, in order to recompense for the money spent throughout the work, which can be important through many years of study. Thus, given the spirited nature of modern life, it has become essential to offer incentives for study and growth ...Download file to see next pagesRead More
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