Software Patents, Copyright, and Piracy Issues in India Essay

Intellectual Property law manages the guidelines for securing and authorizing legitimate rights to developments, outlines, and imaginative works. Pretty much as the law secures responsibility for property and land, so too does it ensure the restrictive control of elusive resources. The reason for these laws is to give a motivator for individuals to create inventive works that advantage society, by guaranteeing they can benefit from their works without apprehension of misappropriation by others.

Also, companies that outsource will gain access to capabilities and expertise of the countries they outsource to. The people of India grow up in a different society and have a different outlook on life. This would give them a different approach to problems in software, which can make certain problems seem simple. Furthermore, the competencies developed over in India can also be utilized by companies. Based on an economic model from Adam Smith,

India has become a global conduit for business as they have liberalized their economic policies over the past 20 years. Companies are flocking to India because of many factors, including, less expensive labor costs, increasing growth rate, and an abundance of a highly skilled workforce. These factors in addition to other advantages have substantially increased the number of United States businesses looking to grow beyond the U. S borders into the county of India. Dunlop Software Consultant’s goal is to also expand its operations internationally and believes that India has the business environment to meet our goal of expansion globally.

Under TRIPS, until a pharmaceutical patent is actually granted, a country has no obligation to protect potential prospective rights (during the pendency of the

Article 1, Section 8 covers patent and copyright but it is specifically noted that the protections under these definitions are not automatically

Unlicensed software use continued to be a major problem in 2013. Indeed, 43 percent of the software installed on PCs around the world was not properly licensed, an uptick from 42 percent in 2011. The commercial value of the unlicensed installations was $62.7 billion. (The Compliance Gap, 2014). As we can see piracy of software and other digital media is a global problem that adversely affects many businesses and the welfare of employees and consumers.

Intellectual property protects legal rights and ownership in the market place through ‘intellectual property rights’. This can include trademarks, copyright, industrial design and patens. These protect brand names, designs and inventions.

In the United States, patent-eligible subject matter includes four statutory categories as defined by 35 U.S.C. § 101 of the U.S. Code. Specifically, these four categories include “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” In 2014, the U.S. Supreme Court in Alice Corp. Pty. Ltd. v. CLS Bank Int’l further expanded

Globalisation has also been a resulting factor for the dramatic increase in technology. Bangalore, in the Silicon Valley of India is experiencing a remarkable IT boom, that is transforming the prospects of India’s economy. The internet is the fastest growing tool of communications. It took just 4 years for the internet to reach 50 million years, in contrast to the

The United States Patent Office (“USPTO”) faces criticism from its users and legislators that the timeliness of the patent process and ultimate quality of issued patents are inadequate. In order to address this criticism Congress made several changes to the authorities of the USPTO in the last decade and considered more changes in 2009. Nevertheless, problems persist and some stakeholders argue that reorganizing the USPTO as a government corporation would best alleviate these problems by broadening its authorities even further and releasing it from external constraints.

The World Intellectual Property Organization (n.d.) helps one understand the importance of protecting intellectual property. They have spelled out several reasons of this importance including inventing new works in technology and culture, which allows progress to be made that, can be utilized worldwide. In addition, the legal protection of intellectual property encourages the commitment of additional resources for further modernization. Finally, promoting and protecting intellectual property encourages economic growth. It creates new jobs and industries. Protecting intellectual property also enhances the quality and

The rise of the Internet era opened the whole new market for traditional media full of opportunities as well as threats. Online piracy being one of them because the music and film industry loses £5.4bn in a year and if it was reduced by 10% it could have created up to 13 thousand jobs in the UK. There are various attempts taken to fight with online piracy; a case study of Anti-Counterfeiting Trade Agreement will be considered as well as other legislations attempting to regulate copyrights in the Internet. This

A patent is an exclusive right granted for an invention, product or process that provides a new way of doing something, or that offers a new technical solution to a problem. An invention in general must fulfill certain criteria in order to be protected by a patent. For example, the Patents Act, 1970 in S. 2(1) (j) defines invention as a new product or process involving an inventive step and capable of industrial application. In other words, an invention in order to be patentable must show an element of novelty, must show “an inventive step”, and must be of practical use. Particularly, the Patents Act, 1970 defines “inventive step” as a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art. In other words, patent rights are not available for new advances that are merely obvious extensions or modifications of prior designs. Besides, the requirement of difference over prior art, there is a requirement to establish the extent of common general knowledge that exists while

Copyright infringement is the unauthorized use of copyrighted material in a manner that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it.

b) Some economic sectors have done particularly well especially emergence of IT sector as a vibrant global center for software development resulting in export revenue of Indian’s software services market increased from less than $500 million in 1990 to $7 billion in 2003.