Академический Документы
Профессиональный Документы
Культура Документы
Outsourcing Business
By Poorvi Chothani, Esq.
Mumbai
LawQuest 2008. All Rights are Reserved. Conference organized by Recharger Magazine, Forum- ReIndia Expo 2008 at Mumbai
Overview
Member of the World Trade Organization (WTO) Trade Related Aspects of Intellectual Property Rights TRIPS Compliant Berne Convention Paris Convention Universal Copyright Convention Patent Cooperative Treaty
LawQuest 2008. All Rights are Reserved. Conference organized by Recharger Magazine, Forum- ReIndia Expo 2008 at Mumbai
LawQuest 2008. All Rights are Reserved. Conference organized by Recharger Magazine, Forum- ReIndia Expo 2008 at Mumbai
Significant Provisions
Inalienable moral rights
Waiver Concept does not apply to computer software
Work For Hire Compulsory Licensing Version Recordings Broad fair use exceptions
Non-commercial personal use deemed as fair use and does not constitute infringement.
LawQuest 2008. All Rights are Reserved. Conference organized by Recharger Magazine, Forum- ReIndia Expo 2008 at Mumbai
Significant Provisions
Patents Joint Owners Consent Accounting Rights Infringement Responsibilities Computer Programs and business methods per se not patentable Protect Computer Programs as trade secrets
LawQuest 2008. All Rights are Reserved. Conference organized by Recharger Magazine, Forum- ReIndia Expo 2008 at Mumbai
Assignment of IP Rights
Of Copyright
Territory Term Lapse Consent
Of Patents
Joint Owner Needs Consent of other owner (s) to assign rights Valid only if in writing and registered in India
LawQuest 2008. All Rights are Reserved. Conference organized by Recharger Magazine, Forum- ReIndia Expo 2008 at Mumbai
must first be filed in India, unless a foreign filing license has been granted by the Indian Patent Office
LawQuest 2008. All Rights are Reserved. Conference organized by Recharger Magazine, Forum- ReIndia Expo 2008 at Mumbai
LawQuest 2008. All Rights are Reserved. Conference organized by Recharger Magazine, Forum- ReIndia Expo 2008 at Mumbai
Penalties
The Patent Act provides Criminal remedies in case a) If any person fails to comply with any directions given under section 35 or 39- shall be punishable with imprisonment up to 2 years or with fine or with both. Amount of fine is not specified. b) Deals with falsification of entries in register etc (S. 119)shall be punishable with imprisonment for a term that may extend to 2 years or with fine or with both. Here also amount of fine is not stated. c) Deals with unauthorized claim of patent rights (S. 120)shall be punishable with fine that may extend to Rs.100000. d) Deals with wrongful use of words, "patent office" (S. 121)shall be punishable with imprisonment for a term that may extend to 6 months, or with fine, or with both.
LawQuest 2008. All Rights are Reserved. Conference organized by Recharger Magazine, Forum- ReIndia Expo 2008 at Mumbai
LawQuest 2008. All Rights are Reserved. Conference organized by Recharger Magazine, Forum- ReIndia Expo 2008 at Mumbai
The Indian Penal Code, 1860 and The Indian Criminal Procedure Code of 1973 (corporeal property)
To prosecute incidents of theft and criminal breach of trust and fraud
LawQuest 2008. All Rights are Reserved. Conference organized by Recharger Magazine, Forum- ReIndia Expo 2008 at Mumbai
Legislative Action
Amendment to the Information Technology Act of 2000:
Negligence in implementing and maintaining reasonable security practices damages payable INR 1 Crore (approximately US$ 243,902 at USD1 = INR 41) Disclosing personal data without the data subjects consent - damages are limited to INR 25 lakhs (approximately US$ 60,976 at USD1 = INR 41)
LawQuest 2008. All Rights are Reserved. Conference organized by Recharger Magazine, Forum- ReIndia Expo 2008 at Mumbai
LawQuest 2008. All Rights are Reserved. Conference organized by Recharger Magazine, Forum- ReIndia Expo 2008 at Mumbai
Other Protection
Specific Relief Act to Enforce Protective Contractual Provisions Indian Penal Code: Limited criminal recourse available:
To prosecute incidents of theft, criminal breach of trust and fraud involving data Laws extend to offenses against corporeal property only
LawQuest 2008. All Rights are Reserved. Conference organized by Recharger Magazine, Forum- ReIndia Expo 2008 at Mumbai
Enforcement
In India, the enforcement system for IP rights includes:
Civil remedies Criminal penalties Settlement out of court without trail
Compensatory damages
LawQuest 2008. All Rights are Reserved. Conference organized by Recharger Magazine, Forum- ReIndia Expo 2008 at Mumbai
Recommendations
Practices to Safeguard Trade Secrets and Confidential Information between:
Comprehensive operative contracts, specifically providing for ownership of IP Non-disclosure agreements directly with the Indian service providers employees and consultants assigned to the project wherever practicable
LawQuest 2008. All Rights are Reserved. Conference organized by Recharger Magazine, Forum- ReIndia Expo 2008 at Mumbai
Thank You
522, Maker Chambers V, 221, Nariman Point, Mumbai 400 021. Tel: +91- 22- 66156555 Fax: +91- 22- 22872080 Email: info@lawquestinternational.com
LawQuest 2008. All Rights are Reserved. Conference organized by Recharger Magazine, Forum- ReIndia Expo 2008 at Mumbai