Intellectual Property Rights Ankit Lamba 025
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Intellectual Property
RightsAnkit Lamba
025
What is Intellectual Property?
Intellectual property refers to creations of the mind
Such as inventions
Literacy and artistic works
Designs and symbols
Names and images used in Commerce
IP is protected in law by, for example, Patents, Trademarks,
Copyrights, Which enable people to earn recognition from what they
invent or create.
How patent is Important in our Industrial
Practice?
Patents provide incentives to the individuals. In particular,
the inventors deserve recognition for their creativity and
material reward for their marketable inventions.
The incentives encourage innovation, which ensures that
the quality of human life is enhanced.
Protection stimulates research, which results in
technological development
How patent is Important in our Industrial
Practice?
It enables the inventors to recoup their investment for the
money and time spent developing the ideas in Research
and Development.
The use of patent documents enables future researchers
not to reinvent the wheel.
Why registration of trademark is
Important?
Exclusive legal right on your business name
Protects your business name and gives Remedy in the
Court in case of any infringement.
A sound name in the market in the eye of a general public
Creates a face value among competitors
Gives a legal recognition to your business
Monopoly business name or brand name
INDIAN IPR REGIME
Meet international obligations while safeguarding national interests
Modernize; and
Move ahead
STRATEGY FOR IPR
Meet International obligations through Legislative changes
Modernize IPR Regime
Create Awareness
Legislative Measures
The Patents Act, 1970
• Product Patent
• Patent Term of 20 years
• Public Health Safeguards
• Protection to TK The Trade Marks Act, 1999
• Service Marks and Collective Marks
• Term increased from 7 years to 10 years
Legislative Measures
The Designs Act, 2000
The GI Act, 1999
The Copyrights Act, 1957
The Bio-Diversity Act, 2001
The Layouts and Integrated Circuits Act
• Patents (Amendment) ordinance was issued in 1994 and became
Patent (Amendment) Act,1999.
• Patents (Second Amendment) Bill ,1999, has now become patent (Amendment) Act,2002.
• Patent (Amendment) Act 2005, Product regime launched
Patents Rights
• Some of the important features of the Patent (Amendment)Act,2005 are:
a) Areas of Patentability (and exclusion)- sec3, clause g omitted, in clause ‘b’ and ‘c’ certain words omitted, additional clauses ‘j’, ‘k’, ‘l’, ‘m’ ‘n’ ‘o’ and ‘p’ added, ‘k’ further amended
b) Product / Process Patent – sec 5 provided – only process patent in certain category, Article 27.1 of TRIPS – product patent in all fields of technology, sec 5 – chemical process – includes biochemical, biotechnological and microbiological process, Now omitted
c) Patent Term- 20 years for all process and product patents, sec 53(1) – term of every patent – not expired, not cease to have effect -20 years
Patents Rights
d) Contents of specification- sec 10, sub clause 4(d)- an abstract, requirement of making a deposit of the material, sub-clause 10.5 – a single inventive concept
e) Examination and Publication- new sec 11A and 11B, sec 11A – all applications – not be opened till 18 months, sec 11-b : examination on request, within 48 months, Now 36 months
f) Prohibition to apply for Patent outside India.- sec 39 – not to make an application outside India – Defense, atomic energy, apply in India, seek clearance
g) Rights over importation.- right to make, use, exercise, sell or distribute –include importation
h) Compulsory Licensing- sec83,84,85 and 89-95, sec 92 – grant of licencein national emergency, extreme urgency –public health crisis- includes procedures relating to AIDS and HIV, removal of three year restriction -CL.
i) Use by Government and Government Agency – sec 47, sec 99-103 –various situations, sub sec (2) of sec 99 -omitted
Patents Rights
j)Burden of proof concerning infringement –sec 104(A) – inserted,
infringement of process patent – defendant – establish non-infringement.
k)License of Right- sec 86-89 of patent Act 1970, provisions of Licence of
Rights - dropped.
l)Appellate Board – sec 116 the appellate Board established u/s 83 of Trade
Mark Act 1999 – the appellate Board – patent act appeal to appellate Board
– decision, order or direction of controller, otherwise earlier was – High
Court.
m)Unauthorised claims of Patent Rights – sec 120 – wrong representation
about patented in India or patent application, fine increased from 500/- to
10,000/-., Now Rs. 1,00,000/-
n)Other Amendments- sec 48 –prevent third party wit no consent, sec
107(A)(a) – protection of biodiversity and traditional knowledge.
Patents Rights
Industrial Designs
The protection you receive is only for the appearance of the article and not how it works.
Design registration is intended to protect designs which have an industrial or commercial use.
Duration of protection is initially for 10 years and extendable for another term of 5 years.
Designs of stamps, labels, tokens, cards, cartoons, or parts of an article not sold separately, cannot be registered.
Electrical JUG
Design Examples
TRADEMARKS
A trade mark is any sign which can distinguish the goods of one trader from those of another. Sign includes, words, logos, pictures, or a combination of these.
•To register a trade mark , the mark must be:-
distinctive, and, not deceptive, or contrary to law
or morality, and, not identical or similar to any
earlier marks for the same or similar goods.
•A trade mark is used as a marketing tool so that
customers
can recognize the product of a particular trader.
SONY OLYMPUS
Law of Patents
•Protection part
•Enforcement part
Protection Part
•Criteria for Patentability–New & useful
–Non-obvious
–Capable of Industrial Applications
•Patents Act specifies–What are not inventions?
–What are not patentable inventions?
•How to get that monopoly right?
Advantages Of A Patent To
The Public
•KNOWLEDGE OF INVENTION ADDS TO
SCIENTIFIC BACKGROUND FORMING
BASE FOR FURTHER RESEACH
•REASONABLE ASSURANCE FOR
COMMERCIALIZATION
•PATENT- OPEN TO PUBLIC FOR USE –AFTER ITS TERM EXPIRES
OR–WHEN IT CEASES TO BE IN FORCE
Protection Of Intellectual Property In India(Patents, Designs, Trade Marks & Copyrights)
Sr.JOINT
CONTROLLER
OF PATENTS
AND DESIGNS
JOINT
REGISTAR OF
TRADEMARKS
MINISTRY OF COMMERCE
AND INDUSTRY MINISTRY OF HUMAN RESOURSE
DEVELOPMENT
DEPT. OF INDUSTRIAL POLICY &
PROMOTION
DEPT. OF EDUCATION
CONTROLLER GENERAL OF
PATENTS, DESIGNS & TRADE MARKS
PATENT
OFFICE
TRADE MARKS
REGISTRY
COPYRIGHT OFFICE
REGISTAR OF
COPYRIGHT
GIR
CGPDTM(Controller General of Patents,
Designs & Trade Marks) Bombay
PATENT
OFFICE
HEADOFFICEC
ALCUTTA
PIS (NAGPUR)
PATENT
OFFICE
(MUMBAI)
PATENT
OFFICE
(CHENNAI )
PATENT
OFFICE
(NEW DELHI
)
JURISDICTION
WEST ZONE
JURISDICTION
SOUTH ZONE
JURISDICTIONN
ORTH ZONE
TMR
(BOMBAY)
TMR AHMEDABAD TMR
DELHI
TMR
CALCUTTATMR
CHENNAI
GIR
Jurisdiction of offices
Patent Grant Procedure
Filing of patent application
Publication after 18 months
Pre Grant Opposition /Representation by any person.
Request for examination
Examination: Grant or Refusal
Publication of Grant of patent
Post Grant Opposition to grant of patent(Constitution of Opposition Board)
Early Publication
Decision By Controller
An Example Of Patent Application
Thank You
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