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By: Tarun
3
Intellectual property in India
Trade Marks
Copy Right
Geographical Indications
INDUSTRIAL PROPERTY
JUST DO IT.
Notice of Registration
® TM
______ is a
trademark/service SM
mark of _______
Purpose & functions of a Trademark
• To identify the origin of the product/service.
The more distinctive the mark, the greater its level of legal protectability.
Generic marks are not capable of trademark protection. Descriptive marks
are capable of protection only with a showing of secondary meaning.
10
Product Mark
• A product mark is similar to trademark only, but it is to
identify the products or goods instead of services. Herein the
product is the unique selling feature of the company. Initially,
TM, which states that the mark is not yet registered. Once
they are registered, they have to use ®.
• Examples: Pepsi®, Maggi®, PHILIPS® etc.
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Service Mark
• This type of trademark is used to identify and
distinguish the services rather than the products.
• Like intangible products , transport, communication
or other utilities such as electricity, water, routine
maintenance or repair work, etc.
• The Service marks have their particular symbol which
is SM and not TM.
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Collective Mark
A collective mark is owned by a collective, whose
members use the collective mark to identify their
goods and services and to distinguish their goods
and services from those of non-members, and to
indicate membership in the group.
• Examples are like "CA" device is used by the members who fall under Institute of
Chartered Accountants; another example is "CPA" which denotes members of the
Society of Certified Public Accountants.
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Certification marks
Certification marks are used to define
"standard" of goods and services.
Example: Woolmark, which is certified for the
fabrics on clothing, Agmark, and ISI.
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Shape Marks
To sum up shape trademarks, it has facilitated promotion of
products and emerged into the trademark type after the
technological advancement of graphics and other forms of
animation technology. The graphical representation which is able
to make a difference amongst the products can be shape
marked. An example can be the Galliano liquor bottle.
15
Pattern Mark
• The general meaning of pattern is a repetition of similar design, so it is a
type of trademark wherein the pattern is able to distinguish the product
and services of one brand from another. These are difficult to be
distinguished and have high chances of infringement with near similar
designs.
• They at times, fail to make a distinction and the registration would not be
accepted unless they have evidence of distinctiveness.
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Sound Mark
• The sound graphics that distinguish the
products and services of one from the other.
• The sound logo can comprise musical notes,
words and sound graphics. The first Sound
Mark to be registered in India was Yahoo
yodel followed by Nokia tune.
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Loss of Rights
• Improper use • Failure to police
• Non-use • Cancellation
• Improper assignment
or licensing
Benefits of Registration of a trademark
Dictionary Meaning:
• A prior action that takes into account
or forestalls a later action
• Visualization of a future event or state
• Doctrine of anticipation
“A claim is said to be “anticipated” if comparison of the claimed
invention with a prior art reference reveals that each and every
element in the claim under attack is shown or described,
organized, and functioning in substantially the same manner as
in the prior art reference”
The Non-obviousness Requirement
• Even if the invention demonstrate patentable subject matter,
utility and novelty, the patent will not issue if the invention is
obvious
What is obviousness?
“An invention is obvious if the differences between the subject
matter sought to be patented and the prior art are such that the
subject matter as a whole would have been obvious at the time
the invention was made to a person having ordinary skill in the
art to which said subject matter pertains.”
NOT
PATENTABLE
Brief glace on different types of searches
Novelty Search
Patentability Analysis
Landscape Analysis
Infringement Analysis
Validity/Invalidity Search
Who can file a patent?
Section 6: Persons entitled to apply for patents
07-10-2018 47
Contents of Specification
• Title of the invention
• Field of the invention
• Background of the invention (PRIOR ART)
• Object of the invention
• Summary of the invention
• Brief description of drawings, if any
• Detailed description of the invention
• Examples
• Claims- not required in provisional
• Abstract- not required in provisional
07-10-2018 48
Provisional application
Example
Provisional application: 01-12-2008
Complete specification: 01-12-2009
Section 10: Contents of specifications
2) Drawings
Appeal
Revocation/Amendment
Appellate Board
Section 11 A: Publication of Applications
4) The period within which the Controller shall dispose off the report of the
examiner shall ordinarily be one month from the date of the receipt of the
such report by the Controller.
6) Applicant shall comply with the requirement within 12 months from the
date on which first statement of objection was issued. (section 21)
A PROCEDURE FROM FILING TO
GRANT OF PATENT (Cont.)
GRANT OF PATENT
Rejection of opposition
Decision of Appellate
POST GRANT OPPOSITION
Controller Board
SKM
DUTIES OF PATENTEE
Alternatives To Litigation
● Litigations are costly, timely, &
disruptive
Copyright is necessary →
encourage dissemination of
copyrighted works = public interest
The work concerned has to be
Original
Work of authorship
Fixed
Artistic Works
Original Literary, Dramatic, Musical and Artistic
Works
Photographs
Cinematograph Films
Sound Recordings
Novels, poems, short stories
Books on any subject
Computer programmes,
tables, computer databases
Song lyrics
DURATION AND TERMS OF
COPYRIGHT
Copyright protection lasts for 60-
year from the year following the:
Literary work
Dramatic work
Musical work
Artistic work Death of
Author
Sound Recording
Cinematograph work
Date of
Publication
25 Years
• Rights of a performer in a cinematograph film
• Cessation of Rights after Consent
Broadcast:
Communication to the public by any means of:
Wireless diffusion or by wire.
1.Enter your valid User ID and Password
to login.
2.Click onto NewUser Registration, if you
have not yet registered.
3.Note down User ID and Password for
future use.
4.After login, click on to link “Click for
online Copyright Registration”.
5.The online “Copyright Registration Form” is to be filled up
in four steps
1.Complete the Form XIV, then press SAVE button to Save
entered details, and press Step 2 to move to Next Step.
2.Fillup the Statement of Particulars, and then press
SAVE button to Save entered details, and press Step 3/4
to move to Next step
3.Fillup the Statement of Further particulars. This form is
applicable for “LITERARY/ DRAMATIC, MUSICAL AND
ARTISTIC” works, and then press SAVE button to Save
entrered details, and press Step 4 to move to Next Step.
4.Make the payment through Internet Payment gateway
6.After successful submission of the form, Diary Number will be
generated (Please note it for future reference).
7.Please take hard copy(print) of “Acknowledgement Slip” and
“Copyright Registration Report”, and send it by post to
Copyright Division
Department of Industrial Policy & Promotion, Ministry of
Commerce and Industry
Boudhik Sampada Bhawan,
Plot No. 32, Sector 14, Dwarka, New Delhi-110075
Email Address: copyright@nic.in
Telephone No.: 011-25301202
For a license to republish a Literary, Dramatic, Musical or Artistic
1. Rs. 5,000/- per work
work (Sections 31, 31A,31B* and 32A)
For a license to communicate an any work to the public by Rs. 40,000/- per
2.
Broadcast(Section 31(1)(b)) applicant/per sataton
For an application for registration or copyright in a:
(a)Literary, Dramatic, Musical or Artistic work Rs. 500/- per work
3. (b)Provided that in respect of a Literary or Artistic work which is
used or is capable of being used in relation to any goods or Rs. 2,000/- per work
services (Section 45)
For an application for change in particulars of copyright entered in
the Register of Copyrights in respect of a:
(a)Literary, Dramatic, Musical or Artistic work Rs. 200/- per work
4.
(b)Provided that in respect of a literary or Artistic work which is
used or is capable of being used in relation to any goods or services Rs. 1,000/- per work
(Section 45)
For an application for registration of Copyright in a
5. Rs. 5,000/- per work
Cinematograph Film (Section 45)
For an application for registration of copyright in a Sound
6. Rs. 2,000/- per work
Recording (Section 45)
7. For taking extracts from the indexes (Section 47) Rs. 500/- per work
for the purpose of research or private study,
for criticism or review,
for reporting current events,
in connection with judicial proceeding,
performance by an amateur club or society if the
performance is given to a non-paying audience, and
the making of sound recordings of literary,
dramatic or musical works under certain conditions.
Strengthening Copyright, Enhancing the Reach of the Law
2Pac – “Me Against The World”
Case Study
Importance of Patent Information in Business Development
84
© Tarun,2018
Journey of Tech-Development and Translation
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IDENTIFY INVENT IMPLEMENT
IP Licensing /Acquisition
Third Valuation
IP Landscape & Patent Party
White-space mapping Filing Engageme Patent Trademark IP
nt/ NDA Infringemen
Portfolio
IP Competitor t watch ,
Ownership Analysis FTO Analysis Copyrights Invalidation
/Commerc Product Opposition
ialisation Industrial©Design
Tarun,2018
Leaflet 85
Clarity
What is Landscaping??
IP Landscaping: Research process that creates an overview of the patents that
are pending or in place in a particular area.
Competitive Landscape
Key players/competitors Mapping of Existing Patents
Platform technologies “Evaluation of White space”
Potential partners (in- & out-
Market IP
license)
Pricing considerations
Go-ahead
Reject/ Abandon
Work around
In-license
To ensure that your product does not infringe the Intellectual Property (IP)
rights of others.
88
© Tarun,2018
Case Studies
1 Building and Strengthening IP Portfolio around Product
Copyright Trademark
NEOBREATHE™
Package Insert/
Information Leaflet External
Appearance
• Patent Expired
Department of Biotechnology
19 Technologies
Ownership by One Neutral Body transferred,
Five products
Commercialization rights to BCIL commercially
launched 98
© Tarun,2018
Case Studies
Technology
An Emergency Medical Device for Cardiac
Patients, developed at AIIMS
Key Assumptions
Assumption #
Number of Hospitals, who will need device 50,113
Growth in Demand 2%
100
Valuation contd….
Key outcomes
Solutions
space
BCIL
Drive Strategic
Collaboration
Drafting Contracts/Agreements
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Consure Medical Entrepreneurial Journey
Marketing Tie-
Patent Filing, ups, IP Watch
Vendor
Engagement • Patents
• Industrial Design
• No Indwelling
Devices for long • Identifying USP • Trademark •Developed different
term management • Patents Filed product variants
• Patent Filing around
of Stools USP • USA, Canada
•Market positioning
• Japan, Israel
• FTO found in •Key sales in India ad
Patent • Singapore USA
indwelling FI devices
Landscape • India, Australia
• Europe based-NDA • Europe •IP Watch
Mapping , Built IP
AND Contract
Prior Art Study portfolio,
FTO Analysis 104
© Tarun,2018
FI Entrepreneurial
FI Device-Journey-
ProductRole of BCIL
Launching
105
© Tarun,2018
106
© Tarun,2018
tarun.24044@lpu.co.in
© Tarun,2018 107