origiin newsletter nov 2012
TRANSCRIPT
-
7/31/2019 Origiin Newsletter Nov 2012
1/4
All rights reserved (C) Origiin IP Solutions 2012
n this issueopying photographs from internet
P.1 P News P.2 nteresting patent of the month
..P.3
A monthlyNewsletter on issuesrelating to
IntellectualProperty
Rights
S U E ( Vo l u m e )
M O N T H
N o v e m b e r
Y E A R
0 1 2
8 (2) Origiin Newsletter
Copying photographs from InternetBindu Sharma ([email protected])
Downloading pictures for creatingwebsite, presentation, article etc from
internet is a common practice and
excuses often given by violators include,
that the photographs were taken because
they appeared in a public platform on the
internet or there was no copyright notice
on the picture. The fact is that no content,
written or photographed is available for
free unless specified. Even if a photograph
on a site is not watermarked, it is still
under copyright protection. This means
that trademark logos, and images of any
company or individual cannot be taken
for free.
In India, the Copyright Act, 1957(Act No.
14 of 1957) governs the laws & applicable
rules related to the subject of copyrights.
Copyright is a right given by the law to
creators of literary, dramatic, musical and
artistic works and producers of
cinematograph films and sound
recordings. In fact, it is a bundle of rightsincluding, inter alia , rights of
reproduction, communication to the
public, adaptation and translation of the
work.
Photograph is an artistic work under
copyright and gets protection for sixty
years from the beginning of the calendar
year next following the year in which the
work is first published. Copyright which
subsists in a photograph protects not
merely the photographer from direct
copying of his work, but also from indirect
copying to reproduce his work, where a
substantial part of his work has been
copied.
A French photographer, Christophe
Viseux had recently served a legal notice
to the Delhi Commission for Women(DCW), for allegedly using an image
clicked by him without his consent on
billboards advertising its rape victims
Contact us
#51, MCHS, 15th Main,Sector 4, HSR layout Bangalore [INDIA]Phone: +9198456 93459+9198802 13204
Email: [email protected]
Websites www.origiin.comwww.origiinipa.com
Blog ttp://origiinipae.blogspot.com
ttp://inventorshub.blogspot.com
Editors Anita KaliaAthira A
-
7/31/2019 Origiin Newsletter Nov 2012
2/4
All rights reserved (C) Origiin IP Solutions 2012
cell. He demanded Rs 50 lakh as damages. He was
driving through Delhi when he noticed several posters
bearing his copyrighted photograph of a partially veiled
woman that he clicked during a trip to Jaisalmer and
uploaded on his blog.
Even if a photograph on a site is not
watermarked, it is still under
copyright protection. This means that
trademark logos, and images of any
company or individual cannot be
taken for free.
In another case of Khana Khazana, a popular show aired
on Zee Network, it was found that they are regularly
stealing photographs from food bloggers and websites
for their features. When some of the copyright owners,
whose photographs were stolen and featured,
complained and asked Zee Khana Khazana to remove
the photographs that belonged to their blogs, ZKK
apologized saying this was not stealth and that they
were using these images to project a visual appeal of
their recipes to their fans.
Many of copyright owners voiced themselves on the
facebook page of ZKK, and reported the page to
facebook also. Some of them were cautious enough to
take screen shots of the posts as evidence. Sensing the
agitation, ZKK, and in some cases facebook, removed the
posts containing the stolen photographs. ZKK then
made a feeble apology and removed all such
photographs.
Apart from downloading and using photographs,
making painting out of photographs is another form of
infringement. A painting made from a photograph is
known as a derivative work. But that doesn't mean one
can simply make a painting from any photographwithout permission of the owner.
Only the owner of copyright in a work has the right to
prepare, or to authorize someone else to create, a new
version of that work.
Hence, think before you download photographs from
internet as you may be infringing copyright. Safest options
are either seek permission from copyright owner in
writing, preferably in the form of a license agreement to
use photograph or refrain from using the same.
Photograph Courtesy: Udit Sharma
DID YOU KNOW?
The history of patents and patent laws started in Italy with
a Venetian Statute of 1474 which was issued by the
Republic of Venice. They issued a decree by which new
and inventive devices, once they had been put into
practice, had to be communicated to the Republic in order
to obtain legal protection against potential infringers. The
period of protection was 10 years. Patents, however,
existed before the Statute of 1474. In England grants in the
form of letters patent were issued by the sovereign to
inventors who petitioned and were approved: a grant of
1331 to John Kempe and his Company is the earliest
authenticated instance of a royal grant made with the
avowed purpose of instructing the English in a new
industry.
The first legislation in India relating to patents was the Act
VI of 1856. There were several amendments to it but
Indian Patents and Designs Act, 1911 (Act II of 1911)
replaced all the previous Acts. Patents Act, 1970 was passed
based on Justice N. Rajagopala Ayyangar Committee
recommendations. This Act repealed and replaced the 1911
Act so far as the patents law was concerned. However, the
1911 Act continued to be applicable to designs. Most of the
provisions of the 1970 Act were brought into force on 20th
April 1972 with publication of the Patent Rules, 1972.
Amendments (in 1999, 2002, 2005 and 2006) were
necessitated by India's obligations under TRIPS, allowing
product patents in drugs and chemicals.
-
7/31/2019 Origiin Newsletter Nov 2012
3/4
All rights reserved (C) Origiin IP Solutions 2012
Cipla wins patent opposition against Pfizer's
cancer drug
Indian patent office has revoked US-based Pfizer's patent
for cancer drug Sutent in India. The patent office has
rejected Pfizer's claim for the patent over Sutent, for the
reason that patent does not involve any inventive step and
hence not patentable. The post-grant opposition for the
same was filed by Mumbai-based Cipla and Natco Pharma.
Against the decision, Pfizer India is likely appeal before
Intellectual Property Appellate Board (IPAB). Pfizer, which
was granted a patent for its kidney cancer drug Sutent
(sunitinib), launched the drug at a price of Rs 1.96 lakh for
a 45-day treatment, though Pfizer offers it with discounts
to some under its patient access programme. Cipla has
priced its copy of the drug, branded Sunitib, lower by
almost one-tenth.
Sutent, which is used to treat liver and kidney cancer, was
granted a patent in India in 2007. Two years later, Natco
applied for a compulsory licence for manufacturing and
exporting a generic version of the drug, but had to
withdraw the submission.
NEWS FROM INDIAN PATENT OFFICE
Walk-in-interview regarding Contract Examiner
http://www.ipindia.nic.in/iponew/walk_in_Interview_31Octob
er2012.pdf
Applications are invited for 6 posts of Examiner of Trade
Marks to be filled up on Contract basis in Trade Marks
Registry on a consolidated pay of Rs. 25,000/- per month.
Walk-in-interview scheduled to be held on 30, November,
2012 from 10.00 a.m. to 5.00 p.m. in the office of
Controller-General of Patents Designs & Trade Marks,
Boudhik Sampada Bhavan S.M. Road, Antop Hill, Mumbai
400 037. Candidates must be below the age of 30 years (35
years in case of SC/ST and 33 years in case of OBC andshould possess a degree in Law from a recognized
University with at least 3 years legal experience as on the
date of interview.
PATENT NEWS
Patent related to traditional knowledge revoked
in India
Government of India revoked the patent granted to aleading biotechnology company, Avesthagen on the
grounds of being mischievous and prejudicial to the public.
This patent was granted in April 2012 for synergistic
ayurvedic/ functional food bioactive com position. The
patent was for the composition consisting of jamun,
lavangpatti and chundun and this composition was to be
used for treatment of diabetes. The patent was revoked
with respect to Section-66 of Patents Act, 1970 which says:
Revocation of patent in public interest, where the
Central Government is of opinion that a patent or the
mode in which it is exercised is mischievous to the
State or generally prejudicial to the public, it may,
after giving the patentee an opportunity to be heard,
make a declaration to that effect in the Official Gazette
and thereupon the patent shall be deemed to be
revoked.
The government has revoked the patent using a rarest of
rare provision in the Patents Act saying it was an integral
part of traditional medicine. It has said that the patent
was mischievous to the state and generally prejudicial to
the public as the treatment was an integral part of
ayurveda, unani and siddha system of medicine.
The present patent controversy is proving to be a major
embarrassment, given that India has for long fought for
protecting traditional knowledge and genetic resources
and sought to check piracy of ayurvedic and other
traditional forms of medicine. What is even more curious
is how the Indian Patents Office gave the protection after
the government had successfully got European authorities
to turn down the application two years ago.
http://www.ipindia.nic.in/iponew/walk_in_Interview_31October2012.pdfhttp://www.ipindia.nic.in/iponew/walk_in_Interview_31October2012.pdfhttp://www.ipindia.nic.in/iponew/walk_in_Interview_31October2012.pdfhttp://www.ipindia.nic.in/iponew/walk_in_Interview_31October2012.pdfhttp://www.ipindia.nic.in/iponew/walk_in_Interview_31October2012.pdf -
7/31/2019 Origiin Newsletter Nov 2012
4/4
All rights reserved (C) Origiin IP Solutions 2012
INTERESTING PATENT OF THE MONTHTitle of the invention: Hurricane Bed
US Patent Issued In 1985
Hurricanes and tornadoes, two of Mother Nature's most
powerful forces. They can rip your home to shreds, and
you need a safe place to hide. So our wind resistant
inventor devised his own little sardine can, the Hurricane
Bed! This giant safety drawer features sturdy steal beams
that are bolted to the floor. When you get wind of high
winds, don your best smoking jacket and climb on in.
There's a heavy duty latch for a total drawer lockdown,
although safety belts are not included. This idea could
work wonderfully well if we weren't completely
claustrophobic. And don't forget your blankey!
Origiin IP Academy announces One month Class-room Certificate courses on patent searches:
A. PATENTIBILITY OR NOVELTY SEARCH
B. FREEDOM TO OPERATE SEARCH
C. VALIDATION/INVALIDATION SEARCH
D. PATENT SPECIFICATION DRAFTING
UNIQUE FEATURES
Class room Sessions by experts Hands on to understand practical aspects Study material and Dictionary on Indian Patent law Project work
WHO SHOULD JOIN
The courses are useful to any person keen to pursuecareer in IPR, fresh students as well as working IP Professionals who want to enhance skills and experience in performing various kinds of patent searches.
DATE OF COMMENCEMENT
Batch 1: 7th December 2012 to 2nd January 2013 Batch 2: 9th January 2013 to 4th February 2013
NUMBER OF SEATS
Limited seats of 6-8 for each course
HOW TO REGISTER?
Mail us at [email protected] or [email protected] to book your seat and get registration form.
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]