Patent

Presentation By # 5Presentation By # 5

Deepti SharmaDeepti Sharma

Himanshu YadavHimanshu Yadav

Saurabh SrivastavSaurabh Srivastav

ShreyaShreya

Sumit AgarwalSumit Agarwal

COPYRIGHT & COPYRIGHT & PATENTPATENT

INTRODUCTION TO INTRODUCTION TO INTELLECTUAL PROPERTYINTELLECTUAL PROPERTY

Intellectual Property refers to Intellectual Property refers to creation of mind .creation of mind .

INTELLECTUAL PROPERTYINTELLECTUAL PROPERTY

Patents Patents CopyrightCopyright

WHAT IS COPYRIGHT ?WHAT IS COPYRIGHT ? .. Copyright is a legal concept, enacted by Copyright is a legal concept, enacted by

most most governments, giving the governments, giving the creator of an original creator of an original work exclusive work exclusive rights to it, usually for a limited rights to it, usually for a limited timetime

It also gives the copyright holder the right It also gives the copyright holder the right to be credited for the work, to determine to be credited for the work, to determine who may adapt the work to other forms, who may adapt the work to other forms, which may perform the work, who may which may perform the work, who may financially benefit from it, and other, financially benefit from it, and other, related rightsrelated rights..

What is protected?What is protected?

• Literary works (e.g., all text, including Literary works (e.g., all text, including computer software); computer software);

• Musical works; Musical works; • Dramatic works; Dramatic works; • Pantomimes and choreographic works; Pantomimes and choreographic works; • Pictorial, graphic, and sculptural works; Pictorial, graphic, and sculptural works; • Motion pictures and other audiovisual Motion pictures and other audiovisual

works; works; • Sound recordings; Sound recordings; • Architectural works. Architectural works.

EXCLUSIVE RIGHTS EXCLUSIVE RIGHTS

To produce copies or reproductions of To produce copies or reproductions of the work and to sell those copies the work and to sell those copies (including, typically, electronic copies)(including, typically, electronic copies)

To import or export the workTo import or export the workTo create To create derivative worksderivative works (works that (works that

adapt the original work)adapt the original work)To perform or display the work publiclyTo perform or display the work publiclyTo sell or assign these rights to othersTo sell or assign these rights to othersTo transmit or display by radio or videoTo transmit or display by radio or video..

Transfer and licensingTransfer and licensing

A copyright, or aspects of it, A copyright, or aspects of it, may be may be assigned assigned or transferred or transferred from one party from one party to another. For to another. For example, a musician who example, a musician who records an records an album will often sign an album will often sign an agreement agreement with a record company in with a record company in which the which the musician agrees to transfer all musician agrees to transfer all copyright copyright in the recordings in exchange in the recordings in exchange for for royalties and other considerationsroyalties and other considerations

REQUIREMENTS FOR REQUIREMENTS FOR COPYRIGHT COPYRIGHT

REGISTRATIONREGISTRATION  

Application should be Application should be accomplished in accomplished in

duplicate, typewritten duplicate, typewritten and the affidavit at the and the affidavit at the

back should be duly back should be duly notarized and affixed with notarized and affixed with

Ten Pesos (P10.00) Ten Pesos (P10.00) documentary stamp. Another documentary stamp. Another

set of Ten Pesos (Php set of Ten Pesos (Php 10.00 ) worth of 10.00 ) worth of

documentary stamps, should documentary stamps, should be stapled to the application be stapled to the application

form to be affixed by the form to be affixed by the office to the copyright office to the copyright

certificate.certificate.  

Application should be Application should be accompanied by two (2) accompanied by two (2)

copies of the work as copies of the work as deposit, Two Hundred Pesos deposit, Two Hundred Pesos (P200.00) as registration fee. (P200.00) as registration fee. If through mail, registration If through mail, registration

fee should be in postal fee should be in postal money order addressed to money order addressed to the Director, The National the Director, The National

Library.Library.  

If the work applied for If the work applied for registration is an original registration is an original

ornamental design ornamental design (classification H), it should (classification H), it should

be accompanied by a be accompanied by a technical description of the technical description of the

design.design.  

If the work applied for If the work applied for registration is published registration is published

work, two (2) printed copies work, two (2) printed copies with copyright notice printed with copyright notice printed in front or at the back of the in front or at the back of the title page if it is a book and title page if it is a book and on any clear space thereof if on any clear space thereof if

non-book material, shall non-book material, shall accompany the application accompany the application

  The copyright notice shall be The copyright notice shall be

in the form Philippine in the form Philippine Copyright 20__(year of Copyright 20__(year of

publication) by publication) by ____________(name of ____________(name of

copyright owner.)copyright owner.)No. 8 of the application No. 8 of the application

should be filled up by stating should be filled up by stating the specific date when the the specific date when the

work is finished and likewise work is finished and likewise No. 9 be filled up to indicate No. 9 be filled up to indicate when the work is published.when the work is published.

A “published work” for A “published work” for purposes of registration purposes of registration means that the work has means that the work has been disseminated to the been disseminated to the

public prior to its registration public prior to its registration with the Copyright Office.with the Copyright Office.

  If the work applied for If the work applied for

registration is unpublished registration is unpublished work, two (2) manuscript work, two (2) manuscript and/or xerox copies of the and/or xerox copies of the work without the copyright work without the copyright notice shall accompany the notice shall accompany the

application.application.

“Unpublished “Unpublished work” for purposes of work” for purposes of

registration means that the registration means that the work has not been work has not been

disseminated to the public at disseminated to the public at the time of registration.the time of registration.

If the applicant is non-If the applicant is non-resident foreigner, he/she resident foreigner, he/she

should appoint a local should appoint a local authorized agent by a special authorized agent by a special

power of attorney to power of attorney to prosecute copyright prosecute copyright

application for and his/her application for and his/her behalf with this office.behalf with this office.

  If a third party is claiming If a third party is claiming copyright ownership of the copyright ownership of the book other than the author, book other than the author, the author as the original the author as the original copyright owner should copyright owner should

waive his/her copyright in waive his/her copyright in writing and under oath in writing and under oath in favor of the claimant. The favor of the claimant. The copyright waiver should be copyright waiver should be attached to the application.attached to the application.

  If the applicant is a If the applicant is a

proprietor, xerox copy of proprietor, xerox copy of certificate of business name certificate of business name

should be attached to the should be attached to the application.application.

What is infringement ?What is infringement ?

• Use of whole or part of an image Use of whole or part of an image without permission;without permission;

• Use beyond the scope of a license;Use beyond the scope of a license;• Adapting an image without Adapting an image without

permissionpermission

(art rendering, collage);(art rendering, collage);• Asking another photographer to Asking another photographer to

recreate the image.recreate the image.

A Case of COPYRIGHT A Case of COPYRIGHT INFRINGEMENT INFRINGEMENT

New Delhi, July 19,2007New Delhi, July 19,2007Even as the Harry Potter is known by all, there are few Even as the Harry Potter is known by all, there are few

who know that its author J K Rowling has been fighting a who know that its author J K Rowling has been fighting a copyright violation case for the last three years in India. copyright violation case for the last three years in India.

The petition filed by Rowling in November 2004 between The petition filed by Rowling in November 2004 between her and auction site eBay, which had posted pirated her and auction site eBay, which had posted pirated versions of her books allegedly put on sale.versions of her books allegedly put on sale.

The petition, jointly instituted with Warner Brothers, The petition, jointly instituted with Warner Brothers, details the success of Pottermania with 260 million details the success of Pottermania with 260 million copies sold worldwide in more than 200 countries and copies sold worldwide in more than 200 countries and translated into over 61 languages. translated into over 61 languages.

““In a work of this fame, violations of trademark and In a work of this fame, violations of trademark and copyright is bound to happen. Original literary works of copyright is bound to happen. Original literary works of Rowling have been unauthorizedly translated into Rowling have been unauthorizedly translated into Marathi, Bengali and Telugu,” Justice A K Sikri of the Marathi, Bengali and Telugu,” Justice A K Sikri of the Delhi High Court had observed on May 31, 2007. Delhi High Court had observed on May 31, 2007.

DecisionDecisionThe judge went on to say how “the plaintiffs The judge went on to say how “the plaintiffs

narrated that violation of their intellectual property narrated that violation of their intellectual property rights were taking place and they had to take rights were taking place and they had to take remedies as prescribed in law in various countries, remedies as prescribed in law in various countries, including India”. including India”.

The Delhi High Court had immediately granted an The Delhi High Court had immediately granted an interim injunction of such display on eBay.. interim injunction of such display on eBay..

The court had again in January 2007 passed interim The court had again in January 2007 passed interim injunction orders against the unauthorized display injunction orders against the unauthorized display or sale of Potter series, besides specifically or sale of Potter series, besides specifically demanding written undertakings from eBay to that demanding written undertakings from eBay to that extent.extent.

INDIAN COPYRIGHT ACT, INDIAN COPYRIGHT ACT, 19571957

Registration of CopyrightRegistration of Copyright

Register of Copyrights. Register of Copyrights. -There shall be kept at the Copyright Office a register in the prescribed-There shall be kept at the Copyright Office a register in the prescribed

form to be called the Register of Copyrights in which may be entered the names or titles of works andform to be called the Register of Copyrights in which may be entered the names or titles of works and

the names and addresses of authors, publishers and owners of copyright and such other particularsthe names and addresses of authors, publishers and owners of copyright and such other particulars

as may be prescribed.as may be prescribed.

Entries in register of CopyrightsEntries in register of Copyrights. -(1) The author or publisher of, or the owner of or other. -(1) The author or publisher of, or the owner of or other

person interested in the copyright in, any work may make an application in the prescribed formperson interested in the copyright in, any work may make an application in the prescribed form

accompanied by the prescribed fee to the Registrar of Copyrights for entering particulars of the workaccompanied by the prescribed fee to the Registrar of Copyrights for entering particulars of the work

in the Register of Copyrights :in the Register of Copyrights :

[Provided that in respect of an artistic work which is used or is capable of being used in relation to[Provided that in respect of an artistic work which is used or is capable of being used in relation to

any goods, the application shall include a statement to that effect and shall be accompanied by aany goods, the application shall include a statement to that effect and shall be accompanied by a

certificate from the Registrar of Trade Marks referred to in section 4 of the Trade and Merchandisecertificate from the Registrar of Trade Marks referred to in section 4 of the Trade and Merchandise

Marks Act, 1958, to the effect that no trade mark identical with or deceptively similar to such artisticMarks Act, 1958, to the effect that no trade mark identical with or deceptively similar to such artistic

work has been registered under that Act in the name of, or that no application has been made underwork has been registered under that Act in the name of, or that no application has been made under

that Act for such registration by, any person other than the applicant.]that Act for such registration by, any person other than the applicant.]

INDIAN COPYRIGHT ACT, INDIAN COPYRIGHT ACT, 19571957

On receipt of an application in respect of any work under On receipt of an application in respect of any work under subsection the Registrar of Copyrights may, after holding subsection the Registrar of Copyrights may, after holding such inquiry as he may deem fit, enter the particulars of such inquiry as he may deem fit, enter the particulars of the work in the Register of Copyrights.the work in the Register of Copyrights.

Register of Copyrights Register of Copyrights to be prima facie evidence of to be prima facie evidence of particulars entered therein. –The Register of Copyrights particulars entered therein. –The Register of Copyrights shall be prima facie evidence of the particulars entered shall be prima facie evidence of the particulars entered therein and documents purporting to be copies of any therein and documents purporting to be copies of any entries therein, or extracts therefrom certified by the entries therein, or extracts therefrom certified by the Registrar of Copyrights and sealed with the seal of the Registrar of Copyrights and sealed with the seal of the Copyright Office shall be admissible in evidence in allCopyright Office shall be admissible in evidence in all

courts without further proof or production of the original.courts without further proof or production of the original.

PATENTPATENT

The The exclusive rightsexclusive rights, granted by the , granted by the governmentgovernment, to make use of an invention or , to make use of an invention or process for a specific process for a specific period period of time, usually of time, usually 14 years.14 years.

A grant made by a government that confers A grant made by a government that confers upon the creator of an invention the sole upon the creator of an invention the sole right to make, use, and sell that invention right to make, use, and sell that invention for a set period of timefor a set period of time

Patent Includes : Patent Includes : (Medicines or drugs).(Medicines or drugs).

All medicines for external or internal use of human All medicines for external or internal use of human beings or animals.beings or animals.

All substances used in diagnosis, treatment or All substances used in diagnosis, treatment or prevention of diseases in human beings or animals.prevention of diseases in human beings or animals.

All substances to be used for maintenance of public All substances to be used for maintenance of public health or prevention or control of any epidemic health or prevention or control of any epidemic among human beings or animals.among human beings or animals.

Insecticides, Germicides used for protection Insecticides, Germicides used for protection prevention of plant.prevention of plant.

All chemical substances used for preparation or All chemical substances used for preparation or manufacture of the above.manufacture of the above.

WHAT IS PATENTABLE WHAT IS PATENTABLE INVENTIONINVENTION

NoveltyNovelty Inventive StepInventive Step Industrially applicableIndustrially applicable

WHAT IS NOT PATENTABLEWHAT IS NOT PATENTABLE

An invention which claims anything contrary to well An invention which claims anything contrary to well established natural laws.established natural laws.

An invention to use of which is contrary to law or An invention to use of which is contrary to law or morality or injurious to public health.morality or injurious to public health.

The mere discovery of a scientific principle.The mere discovery of a scientific principle.Arrangement & rearrangement of known devices.Arrangement & rearrangement of known devices.Method of testing during the process of manufacture.Method of testing during the process of manufacture.Method of agriculture.Method of agriculture.

WHERE TO APPLYWHERE TO APPLY

Place of residence, domicile or Place of residence, domicile or business of the applicant.business of the applicant.

Place from where invention Place from where invention actually originated.actually originated.

Address for service in India given Address for service in India given by the applicant when he has no by the applicant when he has no place of business. place of business.

Various Patent Office in Various Patent Office in IndiaIndia

Patent Office Territorial Jurisdiction

Mumbai States of Gujarat, Maharashtra, Madhya Pradesh, Goa, Chattisgarh etc.

Delhi State of Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan etc.

Chennai States of Andhra Pradesh, Kerala, Karnataka, Tamil Nadu etc.

Kolkata ( Head Office) Rest of India.

HOW TO APPLYHOW TO APPLY

To file an application for Patent accompanied To file an application for Patent accompanied with either a provisional specification or a with either a provisional specification or a complete specification.complete specification.

Examination of application by Patent Office.Examination of application by Patent Office. Acceptance of application & Publication in the Acceptance of application & Publication in the

Gazette of acceptance applications.Gazette of acceptance applications. Responding & Satisfactorily overcoming the Responding & Satisfactorily overcoming the

opposition/objections, if any, to the grant of opposition/objections, if any, to the grant of Patent.Patent.

Sealing Of Patent.Sealing Of Patent.

Patents Act, 1970 Patents Act, 1970 The Patent law of India has the following salient features The Patent law of India has the following salient features

that decide whether a patent will be granted or not: that decide whether a patent will be granted or not: (a) The Object:(a) The Object: The object of patent law is to The object of patent law is to

encourage scientific research, new technology and encourage scientific research, new technology and industrial progress. The price of the grant of the industrial progress. The price of the grant of the monopoly is the disclosure of the invention at the Patent monopoly is the disclosure of the invention at the Patent Office, which, after the expiry of the fixed period of the Office, which, after the expiry of the fixed period of the monopoly, passes into the public domain. monopoly, passes into the public domain.

(b) Inventive step:(b) Inventive step: The fundamental principle of Patent The fundamental principle of Patent law is that a patent is granted only for an invention law is that a patent is granted only for an invention which must have novelty and utility. It is essential for the which must have novelty and utility. It is essential for the validity of a patent that it must be the inventor's own validity of a patent that it must be the inventor's own discovery as opposed to mere verification of what was, discovery as opposed to mere verification of what was, already known before the date of the patent. already known before the date of the patent.

((c) Useful:c) Useful: The previous Act, i.e. Act of 1911, does not specify the The previous Act, i.e. Act of 1911, does not specify the requirement of being, useful, in the definition of invention, but requirement of being, useful, in the definition of invention, but courts have always taken the view that a patentable invention, courts have always taken the view that a patentable invention, apart from being a new manufacture, must also be useful. apart from being a new manufacture, must also be useful.

(d) Improvement:(d) Improvement: In order to be patentable, an improvement on In order to be patentable, an improvement on something known before or a combination of different matters something known before or a combination of different matters already known, should be something more than a mere workshop already known, should be something more than a mere workshop improvement, and must independently satisfy the test of invention improvement, and must independently satisfy the test of invention or an inventive step. It must produce a new result, or a new article or an inventive step. It must produce a new result, or a new article or a better or cheaper article than before. The new subject matter or a better or cheaper article than before. The new subject matter must involve "invention" over what is old. Mere collocation of more must involve "invention" over what is old. Mere collocation of more than one, integers or things, not involving the exercise of any than one, integers or things, not involving the exercise of any inventive faculty does not qualify for the grant of a patent. inventive faculty does not qualify for the grant of a patent.

(e) The guiding tests:(e) The guiding tests: To decide whether an To decide whether an alleged invention involves novelty and an inventive alleged invention involves novelty and an inventive step, certain broad criteria can be indicated. Firstly step, certain broad criteria can be indicated. Firstly if the "manner of manufacture" patented, was if the "manner of manufacture" patented, was publicly known, used or practised in the country publicly known, used or practised in the country before or at the date of the patent, it will negative before or at the date of the patent, it will negative novelty or 'subject matter'. Prior public knowledge novelty or 'subject matter'. Prior public knowledge of the alleged invention can be by word of mouth of the alleged invention can be by word of mouth or by publication through books or other media. or by publication through books or other media. Secondly, the alleged discovery must not be the Secondly, the alleged discovery must not be the obvious or natural suggestion of what was obvious or natural suggestion of what was previously knownpreviously known..

Thank YouThank You