Intellectual Property Rights in India

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Intellectual Property Rights and Laws in India are in sync with the global trends. Practice and Opportunities are explained herein

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Intellectual Property Rights in India

  1. 1. ORGANIZERS : LINGYAS UNIVERSITY NATIONAL WORKSHOP “Importance and Use of Copyright, Patent, Citation and Impact Factor in Research” TECHNICAL SESSION I USE & OPPORTUNITIES IN THE FIELD OF COPYRIGHT & PATENT (Date : January 25,2014) PRESENTED BY : AJAY GARG, CORPORATE COUNSEL & LAWYERS
  2. 2. Intellectual Property Rights “Exclusive rights granted by the State for inventions, new and original designs, trademarks, new plant varieties and artistic and literary works”. © ™ ® AJAY GARG, CORPORATE COUNSEL & LAWYERS
  3. 3. Nature of Intellectual Property • Creation of human mind (Intellect) • Intangible property • Exclusive rights given by statutes • Attended with limitations and exceptions • Time-bound • Territorial AJAY GARG, CORPORATE COUNSEL & LAWYERS 3
  4. 4. AJAY GARG, CORPORATE COUNSEL & LAWYERS
  5. 5.  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 GARG Corporate AJAY GARG, CORPORATE COUNSEL & LAWYERS Counsel & Lawyers
  6. 6. Continued………. Registration of IPR AJAY GARG, CORPORATE COUNSEL & LAWYERS
  7. 7. COPYRIGHT IN INDIA KNOW YOUR RIGHT AJAY GARG, Corporate Counsel & Lawyers
  8. 8. COPYRIGHT BASICS Act : Copyright Act, 1957 : Copyright (Amendment) Act, 2012 Rules : Copyright Rules 1958 Main Office : Delhi Forms : Schedule I Fee Structure : Schedule II Ownership of Copyright : First ownership defined differently for different categories Website : http://copyright.gov.in/ AJAY GARG, CORPORATE COUNSEL & LAWYERS
  9. 9. 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
  10. 10. COPYRIGHT OFFICE Competent administration Copyright Division Department of Higher Education Ministry of Human Resource Development Government of India Web site address 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@nic.in AJAY GARG, CORPORATE COUNSEL & LAWYERS
  11. 11. ORGANIZATION STRUCTURE OF COPYRIGHT IN INDIA MINISTRY OF HUMAN RESOURCE DEVELOPMENT DEPT. OF EDUCATION COPYRIGHT OFFICE REGISTRAR OF COPYRIGHT DEPUTY REGISTRAR OF COPYRIGHT SECTION OFFICERS EXAMINERS AJAY GARG, CORPORATE COUNSEL & LAWYERS
  12. 12. PROCEDURE FOR REGISTRATION OF COPYRIGHT IN INDIA MEETING WITH CLIENT TEMPORARY REGISTRATION DEPARTMENTAL OBJECTIONS PUBLIC OBJECTION FINAL CERTIFICATE AJAY GARG, CORPORATE COUNSEL & LAWYERS
  13. 13. 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
  14. 14. 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
  15. 15. DURATION AND TERMS OF COPYRIGHT Copyright protection lasts for 60year from the year following the: Literary work Dramatic work Musical work Artistic work Sound Recording Cinematograph work AJAY GARG, CORPORATE COUNSEL & LAWYERS Death of Author Date of Publication
  16. 16. COPYRIGHT REMEDIES AGAINST INFRINGEMENT  Injunctions whether interim or final.  Damages.  Accounts  Criminal Action.  Imprisonment. AJAY GARG, CORPORATE COUNSEL & LAWYERS
  17. 17. COPYRIGHT REGISTRATION CERTIFICATE AJAY GARG, CORPORATE COUNSEL & LAWYERS
  18. 18. PATENT ACT - SALIENT ISSUES  EXCLUSIVE MARKETING RIGHT  NEW INVENTION  TERM OF PATENT ( 20 YEARS)  IS IMPROVEMENT PATENTABLE  METHODS / PROCESSES MANUFACTURE - PATENTABLE OF APPLICATION IN FORM-1 http://ipindia.nic.in/ipr/patent/patent_FormsFees/ Form-1.pdf AJAY GARG, CORPORATE COUNSEL & LAWYERS
  19. 19. CONDITIONS OF PATENTABILITY  Novelty  Inventive Step  Industrial Application AJAY GARG, CORPORATE COUNSEL & LAWYERS 19
  20. 20. 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
  21. 21. 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_09 February2011.pdf AJAY GARG, CORPORATE COUNSEL & LAWYERS
  22. 22. PATENT EXAMINATION  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 AJAY GARG, CORPORATE COUNSEL & LAWYERS
  23. 23. INTERNATIONAL ORGANIZATIONS IN IP  Establishment of WIPO (World Intellectual Protection Organization  World Trade Organization AJAY GARG, CORPORATE COUNSEL & LAWYERS
  24. 24. 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
  25. 25. 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
  26. 26. HOW TO BECOME COPYRIGHT –AGENT?????  Apply in Form TMA- 1(R153) http://ipindia.nic.in/tmr_new/first_schedule_forms/ TMA-1.pdf  Furnish information necessary A TM agent will be a Copyright agent AJAY GARG, CORPORATE COUNSEL & LAWYERS
  27. 27. HOW TO BECOME COPYRIGHT -AGENT  Citizen of India. (R-150)  Completed 21 years of age. (R150)  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. http://ipindia.nic.in/tmr_new/tmr_ac t_rules/tmr_rules_2002.pdf AJAY GARG, CORPORATE COUNSEL & LAWYERS
  28. 28. Don't spend time beating on a wall, hoping to transform it into a door. Ajay Garg Corporate Counsel and Lawyers agbcorplegal@gmail.com www.agbcorplegal.com
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