02.12.2012 Views

International-Business-Dr-R-Chandran-E-book

International-Business-Dr-R-Chandran-E-book

International-Business-Dr-R-Chandran-E-book

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

187<br />

<strong>International</strong> <strong>Business</strong>- <strong>Dr</strong>. R. <strong>Chandran</strong><br />

then it is possible to bring an action or breach of confidence against the<br />

offending party. For example, an employee has an obligation to keep all<br />

information, which is given to him or her by the employer, confidential.<br />

If confidential information is disclosed to a third party out of choice<br />

then the obligation of confidentiality also passes to the third party. It should<br />

be ensured that the third party is aware of the fact that they are expected to<br />

treat the information as confidential and they agree to do so. In particle<br />

terms this agreement should be given in writing in case there is ever any<br />

dispute as to what was agreed.<br />

There is an exception to the protection of confidential information in<br />

circumstances where the dissemination of the information is deemed to be in<br />

the public interest. This is allowed, notwithstanding any obligation of<br />

confidence.<br />

The current decade has witnessed innumerable inventions in<br />

India in the field of biotechnology, agro chemicals, telecommunications,<br />

pharmaceuticals, electronics, agriculture, food processing and natural herbal<br />

medicines. Biocon, Bharat Serum, Ranbaxy, Gharda Chemicals, Cadila,<br />

United Phosphorous and Glen Mark afford to employ separate invention<br />

team and protect another team with legal expertise.<br />

PATENT COOPERATION TREATY<br />

The original Patent cooperation Treaty was signed in Washington in 1970<br />

but it has been modified many times since. The convention only came into<br />

force on 1st June 1978. This convention provides a mechanism whereby<br />

protection can be ultimately obtained in all. Or selected countries that have<br />

signed the treaty. This is carried out through a procedure which involves the<br />

filling of a single application that is subjected to a single international search<br />

and an international preliminary examination. At the end of the international<br />

preliminary examination an examination report is produced which sets out<br />

an opinion on the patentability of the invention described in the application.<br />

After completion of the examination report, the applicant has the option of<br />

proceeding with the application, or allowing the application to lapse, if the<br />

examination report is dismissive of possibilities for protection. If the<br />

applicant wishes to proceed further, the application is split into separate<br />

national applications in the countries of interest and may be subjected to a<br />

further national search and examination. The national offices function<br />

independently and may place as much weight as they wish on the opinion of<br />

the international authority, which was set out in the international preliminary<br />

examination report. Attitudes vary widely from country to country as to the<br />

Only for Private Circulation

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!