intellectual property rights
TRANSCRIPT
Patents
Industrial designs
Trade and service marks
Copy rights
Layout designs (of integrated circuits).Neighbouring rights.Undisclosed INFORMATIONS (trade secrets).Anticompetitive practices in contractual licenses.Protection of inventions in biotechnology (plants).
Intellectual Intellectual propertyproperty
INDUSTRIAL PROPERTY
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COPY RIGHT
PATENTS DESIGNS TRADEMARKS
FOR MOST PRODUCTS EVERY FORM OF INTELLECTUAL PROPERTY
RIGHTS CAN BE OBTAINED
CAMERA
“PATENT” For every individual improved mechanism
“DESIGN” For outer shape & Contour / Configuration
“TRADE MARK” Brand name or Logo for goods denoted as ®TM
“Copy right” For Instruction / manual booklet denoted as ©
Industrial design protection for 3D shape
Brand name- registered under trademark
Music played on the CD player is protected by copyright
Various technical parts & mechanisms
are subject mater of
protection under Patents
• The Patents Act, 1970
•Product Patent•Patent Term of 20 years•Public Health Safeguards
• The Trade Marks Act, 1999
•Service Marks and Collective Marks•Term increased from 7 years to 10
years• The Designs Act, 2000
• The Copyrights Act, 1957
What is Trademark? A mark may consist of a invented word,
brand, heading, label, name written in a particular style, the shape of goods other than those for which mark is proposed to use. In general words it can be said that a trademark is a mark or a logo which distinguishes the goods or services of one company or person from another. The mark which is to be selected should not be deceptively be similar to the existing mark of another person.
What is covered under Trademarks?A trademark is a mark used in relation to goods or services so as to indicate a connection in the course of trade between the goods or services and some person having the right as proprietor to use the mark.
Procedure for the registration of the trademark?Application for Registration (Section 18)Any person claiming to be proprietor of trademark used or proposed to be used by him and desirous of registering it shall apply to the Registrar of Trade Mark for which offices are established at New Delhi, Ahmadabad, Mumbai, Chennai & Kolkata. Moreover if any person want to use the same trademark for more than one product he can make a single application along with the prescribed fees.
Withdrawal of Acceptance?Withdrawal of Acceptance? (Section 19)(Section 19)Where the registrar is of opinion that:Where the registrar is of opinion that:Application was accepted erroneously Application was accepted erroneously There should be some other condition to be attached for There should be some other condition to be attached for continuous use of Trade Mark.continuous use of Trade Mark. He may after hearing He may after hearing the applicant, withdraw the application. the applicant, withdraw the application.
Advertisement of application Advertisement of application (Section 20)(Section 20)After receiving the application the registrar shall cause After receiving the application the registrar shall cause the same to be published in the magazine published by the same to be published in the magazine published by the Registrarthe Registrar
Under modern business condition a trade mark performs four functions:
It identifies the goods / or services and its origin.
It guarantees its unchanged quality It advertises the goods/services It creates an image for the goods/ services.
The right to use a mark can be exercised either by the registered proprietor or a registered user.
WHEN CAN THE SYMBOL ™ BE USED IN INDIA
Using this symbol with your trademark simply implies that you claim to be the proprietor of the trademark. There is no prohibition on the use of the symbol ™ in India.
COPYRIGHT: -Registration of Copyright w.r.t any logo / trade mark is not necessary or compulsory under the provisions of the Indian Copyright Act, 1957. Automatic protection is available to an artistic work, form the date when the artistic work / logo was designed.
Copyright Comes in to existence when the concept in mind is put in to some tangible form or crated
PATENTPATENT
A patent is a Monopoly Right granted
•For an invention•By the government•To the inventor or his assignee•For a limited period•It is valid within the country of grant
•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?
It encourages RESEARCH.
Induces an inventor to disclose his inventions instead of keeping them as secret.
Provides inducement for capital investment encouraging technological development.
It encourages establishment of new industries.
•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
INVENTION
Invention is a successful technical solution to a technical problem.
To be granted a Patent, An invention must be new,
non-obvious and capable of industrial application
Patents Not Only For Major Technological
BreakthroughSuch As
•LAZLO biro’s - ball point pen
•Ring – pull for cans of beverages
But even for any small ‘ incremental ’ inventions
•INDIVIDUALS OR Companies-normally do not clearly recognize the TRUE MARKET VALUE for a particular INVENTION
e.g. Anti theft device for motor cars-wheel clamp
Tetra pack style of cartons for milk & fruit juice
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
PATENT OFFICE HEADOFFICECALCUTTA
PIS (NAGPUR)
PATENT OFFICE (MUMBAI)
PATENT OFFICE (CHENNAI )
PATENT OFFICE (NEW DELHI )
JURISDICTION WEST ZONE
JURISDICTION SOUTH ZONE
JURISDICTIONNORTH ZONE
TMR (BOMBAY)
TMR AHMEDABAD TMR DELHI
TMR CALCUTTA
TMR CHENNAI
GIR
Patent Grant Procedure (In Brief)
Filing of PATENT APPLICATION
EXAMINATION & NOVELTY SEARCH
ACCEPTANCE OR REFUSAL
NOTIFICATION OF “ACCEPTANCE” IN THE GAZETTE OF INDIA (part III section 2)
OPPOSITION (if any)
GRANT OF A PATENT