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
Meet International obligations through Legislative changes
Modernize IPR Regime
The Patents Act, 1970
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? (Section 19) Where the registrar is of opinion that: Application was accepted erroneously There should be some other condition to be attached for continuous use of Trade Mark. He may after hearing the applicant, withdraw the application. Advertisement of application (Section 20) After receiving the application the registrar shall cause the same to be published in the magazine published by the 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.
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
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
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
PATENT- OPEN TO PUBLIC FOR USE
AFTER ITS TERM EXPIRES
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 Breakthrough Such 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