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Introduction
Intellectual Property is a valuable
resource for a business as it may
provide a competitive advantage.
It must be
Developed
Acquired
Maintained, and
Protected
Trademarks
Copyrights
Patents
Geographical Indication of Goods
Designs
Others, including semiconductor
designs, plants and farmer rights,
and biological diversities
Trademarks
A trademark is a
Word
Figure
Numeral
Design
Or a combination of any of these
Some Interesting
Trademarks
Numbers
Symbols
Letters
Colors
Sound (Roar of the Lion, MGM)
Aroma (Sumitomo tyres has
registered a rose-like smell as a
trademark)
Process of Registration of a
Trademark
Trademark search
Application for Registration
Receipt (with an official no) and
examination (Absolute acceptance,
Acceptance with modification and
refusal)
Acceptance, Advertisement (in
Trademark Journal) and Opposition
(within three months)
Trademarks
Certification marks (ISI, ISO),
Collective Marks (CA, CII etc)
Cancellation (If there is no bona fide
use of the trademark for 5 years or if
it is wrongly registered)
Rights conferred by Registration
Exclusive right to use
Infringement of Trademarks (Identical
or deceptively similar)
COPYRIGHT
(The Copyright Act 1957 along with the Copyright
Rules, 1958)
Registration of Copyright
Though the Indian Copyright Act provides for a
procedure for registration of copyright,
registration is not necessary for acquiring a
copyright.
In Indian laws, a copyright is created when the
original work is created and registering it does
not confer any special rights.
The particulars with the Registrar of copyrights
will serve as evidence of existence of the work
on the date of registration. If not registered, the
creator of original work use other methods to
prove existence of their work on a particular
date.
Copyright Protection
Idea Vs Expression : Copyright applies
only to the expression and not on the idea.
Originality : it is important to establish
that the work originates from the author
and is not a copied work.
Fixation : Copyright can exist only if the
work is represented in material form.
Fair Use: Copyright holders are deemed to
consent to fair use of their work by others.
Copyright terms
In most cases, the term copyright is
the lifetime of the author plus 60
years thereafter.
There are some exceptions:
The term is 25 years for broadcasting.
The term is 50 years for performances.
For posthumous publications, the rights
stand for a period of 60 years after the
publication.
Infringement of Copyright
A copyright grants protection to the creator of
an original work and prevents such work from
being copied or reproduced without consent.
The creator of a work can prohibit anyone
from
Reproducing the work in any form such as print,
sound, video etc.
Recording the work in CDs, Cassettes etc.
Broadcasting it in any form
Translating it into other languages, and
Using the work for a public performance, such as a
stage drama or musical performances.
Infringement of copyright
A copyright is infringed when someone,
without the permission of the copyright
holder, does any of the above, which only the
copyright holder has the exclusive right to do.
The Copyright Act provides for both civil and
criminal remedies for infringement of
copyright.
Remedy includes injunctions and orders for
seizures & destruction, paying damages
RoC has the power to prevent import of
infringing copies.
PATENTS
A patent confers monopoly rights on the
inventor for a limited period of time.
The rights are supposed to act as
incentives for promoting development
of new products.
Being a party to the WTO, India is under
an obligation to keep its patent laws in
conformity with the TRIPS provisions.
Novelty
Patents are not granted for inventions
that are well known to the public.
Example : no one has a patent for a
wheel but it does not mean that
someone can apply and get a patent
for that.
For an invention to be patentable, it
has to be new at the time of
invention by its original inventor.
Utility
The invention should have the
potential to be of benefit to
someone.
The invention must be capable of
industrial replication
Inventive step
The invention must be a significant
technical advancement
If the difference between the new
invention and the existing alternatives is
not substantial, the patent may not be
awarded.
The Indian Patent Act lists all innovations
that are not classified as innovations
within the provisions of the act, and
hence are not patentable.
PUBLICATION OF APPLICATION
EXAMINATION-ISSUE OF FER
GRANT OF PATENT
WITHIN 12 MONTHS
OPPOSITION
Decision of
Controller
Appeal
Appellate Board
Revocation/Amendment
Infringement
Infringement of patent rights can result
from making, using, selling, or importing
for these purposes, the product without
the permission of the patent holder.
On infringement of his/her rights, a
patent holder can file for an injunction or
for damages on account of profits lost.
Infringement in India does not lead to
filing of criminal charges.
Licensing of Patents
Patents can be licensed to another
person / party with a written
agreement between the parties.
Geographical Indication of
goods
To qualify as a GI
The GI should pertain to a defined territory.
A given quality or reputation should be
attributable to goods originating from that
region.
Registration of a GI confers the
following rights:
Right to use the GI in relation to goods for
which GI is registered.
Right to obtain relief in case of
infringement
GI rights can not be assigned, transferred
or licensed.
DESIGNS
Designs are protected under Design
Act,2000.
In order to be protected, a design has to
satisfy the following criteria:
The design has to be original.
It can be applied to an article of manufacture of
any substance, and include any part of an article
capable of being made and sold separately.
The elements of the design must be capable of
existence separate from the article on which it is
applied.
The design must be of a distinctive nature and
must appeal to people.
Trade Secrets
A trade secret is a formula, practice, process,
design, instrument, pattern, or compilation of
information which is not generally known or
reasonably ascertainable, by which a business
can obtain an economic advantage over
competitors or customers.
Since trade secret protection does not convey
exclusive rights like Patent, it can be easily
destroyed.
For example, a trade secret can be lost through
independent discovery, reverse engineering, or
accidental disclosure.
Legislative Framework of IP
Department of IP &P covers
Administration
(CGPDTM)
PATENT OFFICE
Head Office
KOLKATA
Branch
DELHI
IPTI ,NIIPM,
T M REGISTRY
P.I.S. Nagpur
DESIGN OFFICE
KOLKATA
Head Office
MUMBAI
DELHI
Branch
CHENNAI
KOLKATA
Branch
MUMBAI
CHENNAI
ABAD
G.I. REGISTRY
CHENNAI
Accidental Discovery of
Rasgulla
In the early 20th century, the yummy, sticky rasgulla did
not exist.
A sweet shop owner left a kadhai of bubbling, hot syrup in
the care of his bumbling assistant and went out for a
while.
Next to the khadai were some paneer balls meant to made
jalebis in.
In the kind of cross connection that changes the world for
better, (sometimes), the assistant poured all the paneer
balls into the khadai.
The owner came back and, after getting over his initial
shock tasted the new concoction and pronounced it
delicious!
Rasgullas were born that day and Ganguram, the owner
went on to become a millionaire!
Edible Spoon?
(US 6,320,461 issued 201204-12)
The Eco-spoon removes the need
for non-biodegradable disposable
plastic spoons.
It is 100% natural, made entirely
of corn. It is 100% biodegradable
and 100% edible.
The recipe contains all-organic
ingredients, namely: corn flour,
whole wheat flour, baking
powder, sugar, salt, eggs,
separated milk, spices and herbs.
This means that the spoon is not
just Edible, but also Good for you.