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The Patents Act of 1970, amended several times to comply with international agreements like TRIPS, allows for process patents in areas such as drugs, medicines, food, and chemicals. Post-2005 amendment, product patents are also allowed in biotechnology, chemicals, and pharmaceuticals.
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Plant Breeder’s Rights (PBRs) provide exclusive commercial rights for 20-25 years for new plant varieties, provided they are novel, distinct, uniform, and stable. This protection prohibits unauthorized growing or selling of the variety without permission, with exceptions for research and farmer’s seed saving.
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A trademark is a graphically representable mark that distinguishes goods or services. Two essential requirements for trademark registration are the mark’s graphical representation and its ability to distinguish goods and services from others.
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Copyright is a right granted to creators of literary, dramatic, musical, and artistic works, as well as producers of cinematograph films and sound recordings. It includes reproduction, communication to the public, adaptation, and translation rights, with specific exceptions for research, private study, criticism, review, reporting current events, judicial proceedings, and performances by amateur clubs or societies.
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Trade Secrets are protected in India through common law principles, as there is no specific legislation for trade secret protection. They can be protected through contractual means, such as restrictive covenants and non-disclosure agreements, and by actions against misappropriation under common law.