Public Domain - Law Dictionary Search Results
Home Dictionary Name: public domainPublic domain
Public domain, means domain that has no restrictions upon dissemination of information within or from it; the existence of any legal rights to intellectual property in that information does not remove such information from being in public domain. [Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful, Activities) Act, 2005 (21 of 2005), s. 2(i)]...
public domain
public domain 1 : land owned directly by the government 2 : the realm or status of property rights that belong to the community at large, are unprotected by copyright or patent, and are subject to appropriation by anyone ...
Eminent domain
Eminent domain, the right which a Government retains over the estates of individuals to resume them for public use.The right of 'eminent domain' is the right of the sovereign State, through its regular agencies, to reassert, either temporarily or permanently, its dominion over any portion of the soil of the State including private property without its owner's consent on account of public exigency and for the public good. Eminent domain is the highest and most exact idea of property remaining in the Government, or in the aggregate body of the people in their sovereign capacity. It gives the right to resume possession of the property in the manner directed by the Constitution and the laws of the State, whenever the public interest requires it. The term 'expropriation' is practically synonymous with the term 'eminent domain', Jilubhai Nanbhai Khachar v. State of Gujarat, AIR 1995 SC 142 (158): 1995 Supp (1) SCC 596.The inherent powers of governmental entity to take privately owned propert...
Eminent domain and police powers-distinction
Eminent domain and police powers-distinction, the concepts of eminent domain and police powers are borrowed from American law. In the exercise of its eminent domain power the State may take any property from the owner and may appropriate it for public purposes. The police and eminent domain powers are essentially distinct. Under the police power many restrictions may be imposed and the property may even be destroyed without compensation being given, whereas under the power of eminent domain, the property may be appropriated to public use on payment of compensation only, Deputy Commissioner and Collector v. Durganath Sarma, AIR 1968 SC 394 (399): (1968) 1 SCR 561....
eminent domain
eminent domain : the right of the government to take property from a private owner for public use by virtue of the superior dominion of its sovereignty over all lands within its jurisdiction see also condemn, expropriate, take NOTE: The Fifth Amendment to the U.S. Constitution requires the government to compensate the owner of property taken by eminent domain, stating “nor shall private property be taken for public use, without just compensation.” State constitutions contain similar provisions requiring that the property owner receive just compensation for the property taken. ...
Police power and eminent domain
Police power and eminent domain, the police and eminent domain powers are essentially distinct. Under the police power many restrictions may be imposed and the property may even be destroyed without compensation being given, whereas under the power of eminent domain, the property may be appropriated to public use on payment of compensation only, Deputy Commissioner Collector v. Durganath Sarma, AIR 1968 SC 394 (399): (1968) 1 SCR 541....
copyright
copyright : a person's exclusive right to reproduce, publish, or sell his or her original work of authorship (as a literary, musical, dramatic, artistic, or architectural work) see also common-law copyright, fair use at use, infringe intellectual property at property, international copyright, original, public domain compare patent, trademark NOTE: Copyrights are governed by the Copyright Act of 1976 contained in title 17 of the U.S. Code. The Act protects published or unpublished works that are fixed in a tangible medium of expression from which they can be perceived. The Act does not protect matters such as an idea, process, system, or discovery. Protection under the Act extends for the life of the creator of the work plus fifty years after his or her death. For works created before January 1, 1978, but not copyrighted or in the public domain, the copyright starts on January 1, 1978, and extends for the same period as for other works, but in any case will not expire before Decembe...
abandonment
abandonment 1 : the act of abandoning property or a right: as a : relinquishment by an inventor of the right to enforce a patent see also dedication b : an author's relinquishment to the public domain of his or her copyrighted work c : relinquishment of a trademark established by a failure to use the trademark and an intention never to resume use d : the act of an insured in surrendering all rights to damaged or lost property to an insurer as a total loss compare salvage e : relinquishment by a trustee in bankruptcy of interest in property in the bankruptcy estate often for a nominal sum 2 : the act of abandoning a person: as a : failure to have contact with a spouse that is intended to create a permanent separation b : failure to communicate with or provide financial support for one's child over a period of time that shows a purpose to forgo parental duties and rights 3 : the act of abandoning a contract 4 a : the act of abandoning a course of action (as a crime) b : th...
Extant variety
Extant variety, means a variety available in India Which is (i) notified under s. 5 of the Seeds Act, 1966 (54 of 1966), or (ii) farmers' variety, or (iii) a variety about which there is common knowledge, or (iv) any other variety which is in public domain. [Protection of Plants Varieties and Farmer's Right Act, 2001 (53 of 2001), s. 2(j)]...
Technology
Technology, means any information (including information embodied in software) other than information in the public domain, that is capable of being used in--(i) the development, production or use of any goods or software; (ii) the development of, or the carrying out of, an industrial or commercial activity or the provision of a service of any kind. Explanation, When technology is described wholly or partly by reference to the uses to which it (or the goods to which it relates) may be put, it shall include services which are provided or used, or which are capable of being used, in the development, production or use of such technology or goods. [Weapons of Mass Destruction and their Delivery System (Prohibition of Unlawful Activities) Act, 2005, s. 4(l)]Means the branch of knowledge; the knowledge and means used to produce the material necessities of a society, (New Webster's Dictionary of the English Language), Central Board of Direct Taxes v. Oberoi Hotels (India) Pvt. Ltd., (1998) 4 ...
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