PRESENTED BY : AJAY GARG, CORPORATE COUNSEL & LAWYERS TECHNICAL SESSION I USE & OPPORTUNITIES IN THE FIELD OF COPYRIGHT & PATENT (Date : January 25,2014) ORGANIZERS : LINGYAS UNIVERSITY NATIONAL WORKSHOP “Importance and Use of Copyright, Patent, Citation and Impact Factor in Research”
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PRESENTED BY : AJAY GARG, CORPORATE COUNSEL & LAWYERS
TECHNICAL SESSION I
USE & OPPORTUNITIES IN THE FIELD OF COPYRIGHT & PATENT (Date : January 25,2014)
ORGANIZERS : LINGYAS UNIVERSITY NATIONAL WORKSHOP
“Importance and Use of Copyright, Patent, Citation and Impact Factor in Research”
“Exclusive rights granted by the State for inventions, new and original designs, trademarks, new plant varieties and artistic and literary works”.
© ®™
Intellectual Property Rights
AJAY GARG, CORPORATE COUNSEL & LAWYERS
Nature of Intellectual Property
• Creation of human mind (Intellect)
• Intangible property
• Exclusive rights given by statutes
• Attended with limitations and exceptions
• Time-bound
• Territorial3
AJAY GARG, CORPORATE COUNSEL & LAWYERS
AJAY GARG, CORPORATE COUNSEL & LAWYERS
Ipr related laws TRADE MARK ACT, 1999 COPYRIGHT ACT, 1957 PATENT ACT, 1970 (2005) DESIGNS ACT, 2000 GEOGRAPHICAL INDICATION OF
GOODS ACT, 1999 BIOLOGICAL DIVERSITY ACT, 2002 PROTECTION OF PLANT VARIETIES &
FARMERS’ RIGHT ACT, 2001 SEMICONDUCTOR INTEGRATED
CIRCUIT LAYOUT DESIGN ACT, 2000
AJAY GARGCorporate Counsel & LawyersAJAY GARG, CORPORATE COUNSEL & LAWYERS
Registration of IPR
Continued……….
AJAY GARG, CORPORATE COUNSEL & LAWYERS
COPYRIGHT IN INDIA
KNOW YOUR RIGHTAJAY GARG, Corporate Counsel & Lawyers
COPYRIGHT BASICS
Act : Copyright Act, 1957 : Copyright (Amendment)
Act, 2012Rules : Copyright Rules 1958Main Office : DelhiForms : Schedule IFee Structure : Schedule IIOwnership of Copyright : First ownership defined differently for different
categories Website : http://copyright.gov.in/
AJAY GARG, CORPORATE COUNSEL & LAWYERS
WORKS PROTECTED UNDER COPYRIGHT LAW
1. Artistic work
2. Cinematograph work
3. Sound recording
4. Dramatic works;
5. Musical work;
6. Original literary work Including Computer Work
AJAY GARG, CORPORATE COUNSEL & LAWYERS
Competentadministration
Copyright Division Department of Higher Education Ministry of Human Resource Development Government of India
Web siteaddress
http://copyright.gov.in/
Address 4th Floor, Jeevan Deep Building, 1 & 2 Parliament Street
New Delhi, 110001
Telephone (91 11) 233 41 739 (91 11) 233 62 436(91 11) 233 81 894 (Dr. Shri G.R. Raghavender)(91 11) 233 82 436 (Dr. Suresh Chand)
Telefax (91 11) 233 84 687
E-mail address
COPYRIGHT OFFICE
AJAY GARG, CORPORATE COUNSEL & LAWYERS
ORGANIZATION STRUCTURE OF COPYRIGHT IN INDIAMINISTRY OF HUMAN RESOURCE
DEVELOPMENT
DEPT. OF EDUCATION
COPYRIGHT OFFICE
REGISTRAR OF COPYRIGHT
DEPUTY REGISTRAR OF COPYRIGHT
SECTION OFFICERS
EXAMINERSAJAY GARG, CORPORATE COUNSEL & LAWYERS
PROCEDURE FOR REGISTRATION OF COPYRIGHT IN INDIA
MEETING WITH CLIENT
TEMPORARY REGISTRATION
DEPARTMENTAL OBJECTIONS
PUBLIC OBJECTION
FINAL CERTIFICATE
AJAY GARG, CORPORATE COUNSEL & LAWYERS
How to Apply for Copyright?Application in Form-IV
Who can Apply?
Applicant himself
Assignee
Legal Heirs
Computer Software or Programmes can be registered as Literary Work
AJAY GARG, CORPORATE COUNSEL & LAWYERS
ASSIGNMENT• In writing,
• Signed.
• Should identify the work with royalty
• Specify the rights assigned, duration and territorial extent.
• Rights should be exercised within a period of 1 year.
• If period not stated-then deemed to be 5 years.
AJAY GARG, CORPORATE COUNSEL & LAWYERS
DURATION AND TERMS OF COPYRIGHT
Copyright protection lasts for 60-year from the year following the:
Literary work Dramatic work Musical work Artistic workSound RecordingCinematograph work
Death of Author
Date of Publication
AJAY GARG, CORPORATE COUNSEL & LAWYERS
COPYRIGHT REMEDIES AGAINST INFRINGEMENT
Injunctions whether interim or final.
Damages.
Accounts
Criminal Action.
Imprisonment.
AJAY GARG, CORPORATE COUNSEL & LAWYERS
COPYRIGHT REGISTRATION CERTIFICATE
AJAY GARG, CORPORATE COUNSEL & LAWYERS
PATENT ACT - SALIENT ISSUES
EXCLUSIVE MARKETING RIGHT
NEW INVENTION
TERM OF PATENT ( 20 YEARS)
IS IMPROVEMENT PATENTABLE
METHODS / PROCESSES OF MANUFACTURE - PATENTABLE
APPLICATION IN FORM-1 http://ipindia.nic.in/ipr/patent/patent_FormsFees/Form-1.pdf
AJAY GARG, CORPORATE COUNSEL & LAWYERS
CONDITIONS OF PATENTABILITY
Novelty
Inventive Step
Industrial Application
19AJAY GARG, CORPORATE COUNSEL & LAWYERS
WHO CAN APPLY FOR PATENT???
Any person whether a citizen of India or not
True and First Inventor of the Invention
His assignee
His Legal Representative
Either alone or jointly with another person.
AJAY GARG, CORPORATE COUNSEL & LAWYERS
HOW CAN I APPLY FOR PATENT ???? Application with Complete Specification
Application with Provisional Specification
If Provisional Specification – then Complete Specification within 12 months
International Application- PCT Application Patent Cooperation Treaty
http://ipindia.nic.in/ipr/patent/PCTApplication_09February2011.pdf
AJAY GARG, CORPORATE COUNSEL & LAWYERS
Filing of application for Request for Examination Form 18
Issuance of First Examination Report – By Patent Office
Comply the Requirements of FER within 12 months
PATENT EXAMINATION
AJAY GARG, CORPORATE COUNSEL & LAWYERS
Establishment of WIPO (World Intellectual Protection Organization
World Trade Organization
INTERNATIONAL ORGANIZATIONS IN IP
AJAY GARG, CORPORATE COUNSEL & LAWYERS
Opportunities as An Expert
HOW TO BECOME A PATENT AGENT? Qualification (S-126)Citizen of India
Completed the age of 21 years.
Degree in Science, Engineering or Technology
Passed Qualifying Exam and Viva
Fees Rs. 2000/-AJAY GARG, CORPORATE COUNSEL & LAWYERS
HOW TO BECOME A PATENT AGENT?
Application in Form-22 {R-109(1)}
http://ipindia.nic.in/ipr/patent/patent_FormsFees/Form-22.pdf
Qualifying ExamTest (R-110)
Written Test
Paper-I Patent Act and Rules Paper-II Drafting and Interpretation of patent specifications and other documents
Viva Voice Examination
AJAY GARG, CORPORATE COUNSEL & LAWYERS
HOW TO BECOME COPYRIGHT –AGENT?????
Apply in Form TMA- 1(R-153) http://ipindia.nic.in/tmr_new/first_schedule_forms/TMA-1.pdf Furnish necessary information
A TM agent will be a Copyright agent
AJAY GARG, CORPORATE COUNSEL & LAWYERS
HOW TO BECOME COPYRIGHT -AGENT
Citizen of India. (R-150)
Completed 21 years of age. (R-150)
Passed Qualifying Exam.(R-151)
Graduate of any university in India or passes an equivalent qualification ( Written test followed by an interview)(R-154)
Considered by the Registrar a fit and proper person. AJAY GARG, CORPORATE COUNSEL & LAWYERS
http://ipindia.nic.in/tmr_new/tmr_act_rules/tmr_rules_2002.pdf
Ajay Garg Corporate Counsel and Lawyers
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