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The essence of the patent regime lies in, the ‘patent bargain’ – inventors are granted a monopoly over their invention for a fixed term of 20 years in exchange for a complete disclosure. This prevents inventors from withholding critical information while still benefiting from patent protection. Cipla Ltd (2008).,
Since blockchain plays a pivotal role in the crypto market, several inventors have attempted to legally protect the various components of blockchain technology using patents. Moreover, in 2012, the USPTO received several patent applications that contained the terms “cryptocurrency” and “blockchain”.
When an inventor is granted exclusive rights over their inventions for a specific period of time, it provides a return on their investment in terms of time, resources and capital. The idea that a specific invention will allow the inventor to reap benefits has a direct effect on incentivising inventors to create and invent more.
Following the 2012 revision to the copyrights Act, it was made clear that Internet activities were also covered by the copyright law. vii] NFTs are prone to “copyfraud” and other violations of the moral rights of the inventor. It is possible for someone to print the NFT while posing as the author of the piece.
Both suits were filed before the 2012 amendment to the Copyright Act. Further, given that the 2012 amendment does not have a retrospective effect, the Court held that the amendment has no effect on the legal position. Recognition of non-human inventors, AI and its implications for India. Hero Electric Vehicles Private Ltd v.
A patent is an intellectual property right granted by a government to the inventor, to protect their invention and allow the fullest commercial exploitation of the patented invention. It allows the inventors to know about similar inventions which already exist and make changes to their inventions in order to make them patentable.
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