Minor’s rights under ip laws

1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
MINOR’S RIGHTS UNDER IP LAWS
SUCHITRA BAI
Patents & Designs Department,
Altacit Global

2. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• PATENTS
• INDUSTRIAL DESIGNS
• TRADEMARKS
• GEOGRAPHICAL INDICATIONS
TYPES OF INTELLECTUAL
PROPERTY LAW

3. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
PATENTS
DEFINITION:
Section 2 (1) (j) defines "Invention" means a new
product or process involving an inventive step and
capable of industrial application”.

4. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Contd…
Who Can File:
• True and first inventor.
• True and first inventor’s assignee.
• Legal representative of deceased true and first inventor or
his/her assignee.
The term “person“ as defined in the Patents Act includes any
company or association or body of individuals, whether
incorporated or not. In the case of a limited partnership, the
Application may be in the names of all personally
responsible partners.

5. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
INDUSTRIAL DESIGNS
MEANING:
• Design means only the features of shape,
configuration, pattern, ornament or composition of
lines or colours applied to any article whether in two
dimensional or three dimensional or in both forms, by
any industrial process or means, whether manual,
mechanical or chemical, separate or combined, which
in the finished article appeal to and are judged solely
by the eye; but does not include any mode or
principle of construction or anything which is in
substance a mere mechanical device, and does not
include any trade mark or property mark.

6. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTD…
2. Who Can File:
• Any person claiming to be the proprietor of any new
or original design may apply for registration.
• A proprietor may be from India or from a
Convention Country.
• A proprietor may be:
– an author of design,
– a person who has acquired the design,
– person for whom the design has been developed by the
author, or
– a person on whom the design has devolved.

7. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
TRADEMARKS
• DEFINITION:
The expression “trade mark” is
defined to mean “a mark
capable of being represented
graphically .......” and “may
include shape of goods and
their packaging”

8. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTD…
Who Can File:
• A person who claims to be the proprietor of the trade mark in
relation to goods and /or services may apply for the registration
of a Trade Mark.
• For the purpose of making an application of Trademarks,
"Person" includes:
– A Natural Person,
– A Body Incorporate,
– A Partnership Firm,
– HUF, Association of Persons (in case of collective
Trademarks), Joint Proprietor
– A Trust,
– A Society, or
– A Government Authority/Undertaking.

9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
GEOGRAPHICAL
INDICATIONS
• MEANING:
“Geographical Indication”, in relation to goods, means
an indication which identifies such goods as
agricultural goods, natural goods or manufactured
goods as originating, or manufactured in the territory
of country, or a region or locality in that territory,
where a given quality, reputation or other
characteristic of such goods is essentially attributable
to its geographical origin and in case where such
goods are manufactured goods one of the activities of
either the production or of processing or preparation of
the goods concerned takes place in such territory,
region or locality, as the case may be.

10. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTD…
Who Can File:
• Any association of persons or producers or any
organisation or authority established by or under any law
representing the interest of the producers of the concerned
goods may apply for registration of a Geographical
Indication.
• The Applicant has to be a legal entity and should be
representing the interest of producers of the good applied
for. Any such organisation or association being not that of
the producers may have to prove that they represent the
interest of producers. Any Applicant Authority also have to
prove that they represent the interest of producers.

11. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
RIGHT OF MINORS IN IP
• Under the Law of Contract, a Minor is a person
who is under the age of legal competence.
According to Section 3 of the Indian Majority
(Amendment) Act, 1999, each person domiciled
in India attains the age of majority on his
completing the age of eighteen years and not
before. The general principle in contract law is
that a contract made by a minor with an adult is
binding on the adult but not on the minor. The
only contracts, which are absolutely binding on
the minor, are contracts of necessaries which
substantially benefit the minor.

12. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
ARTICLE 48A-11 NORTH CAROLINA
GENERAL STATUTE
This Article applies to any of the following contracts entered
into between an unemancipated minor and any third party or
parties is considered valid:
• A contract pursuant to which a person is employed or agrees
to render artistic or creative services, either directly or
through a third party, including, but not limited to, a personal
services corporation or loan out company. As used in this‑
Article, the term "artistic or creative services" includes, but
is not limited to, services as an actor, actress, dancer,
musician, comedian, singer, stunt person, voice over artist,‑
or other performer or entertainer, or as a songwriter, musical
producer or arranger, writer, director, producer, production
executive, choreographer, composer, conductor, or designer.

13. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTD…
• A contract pursuant to which a person agrees to
purchase, or otherwise secure, sell, lease,
license, or otherwise dispose of literary,
musical, or dramatic properties, or use of a
person's likeness, voice recording, performance,
or story of or incidents in his or her life, either
tangible or intangible, or any rights therein for
use in motion pictures, television, the
production of sound recordings in any format
now known or hereafter devised, the legitimate
or living stage, or otherwise in the
entertainment field.

14. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTD…
• A contract pursuant to which a person
is employed or agrees to render
services as a participant or player in a
sport.

15. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTD…
• Where a minor renders services as an
extra, background performer, or in a
similar capacity, through an agency or
service that provides one or more
performers for a fee, such as a casting
agency, the agency or service shall be
considered the minor's employer for
the purposes of this Article.

16. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CAPACITY TO CONTRACT
• Section 11 of The Indian Contract Act specifies that every person
is competent to contract if:
1. He should not be a minor i.e. an individual who has not
attained the age of majority i.e. 18 years in normal case and 21
years if guardian is appointed by the Court.
2. He should be of sound mind while making a contract. A person
who is usually of unsound mind, but occasionally of sound mind,
can make a contract when he is of sound mind. Similarly if a
person is usually of sound mind, but occasionally of unsound
mind, may not make a valid contract when he is of unsound
mind.
3. He is not disqualified from contracting by any other law to
which he is subject.

17. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONCLUSION
• Based on our Indian Contract Act,
amendments have to be made to afford
contractual capacity to minors and some
relaxation in the Contract Act so far as
his/her IP rights are concerned. Sections
2, 10 and 11 of the Contract Act require
amendment to incorporate ‘child rights
of contract in matters of IPR’.

18. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
THANK YOU