Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.

7 final legal_pres

Related Audiobooks

Free with a 30 day trial from Scribd

See all
  • Be the first to comment

  • Be the first to like this

7 final legal_pres

  2. 2. A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. In order to be patentable, the invention must fulfil certain conditions.
  3. 3. PatentPatent Applied individually or jointly by inventor . Tenure – 20 years Necessity of Patent Eligibility for Patent Role of Patent in everyday life
  4. 4. Legislation The Patent system in India is governed by the Patents Act, 1970 (No 39 of 1970) & The Patents Rules 1972, effective from April 20,1972. Subsequently The Patents Act, 1970 is amended effective from January 1, 1995 & The Patents Rules, 1972 is amended effective from June 2, 1999. Membership of International Treaties India is member of the following treaties governing patents: Convention establishing World Intellectual Property Organization (WIPO) Trips Agreement under the World Trade Organization. Paris Convention for the protection of Industrial Property with effect from Dec. 7, 1998. Patent Cooperation Treaty (PCT) with effective from Dec. 7, 1998.
  5. 5. Types of Patents  Ordinary Application  Application for Patent of Addition  Divisional Application  Convention application  National Phase Application under PCT.  Patentable Inventions  Non Patentable Inventions
  6. 6. How is a patent granted?How is a patent granted? • Publication • Request for examination • Examination • Opposition • Grant or sealing of patent • Register of patents • Rights of patentee • Infringement
  7. 7. India simplifies Patent NormsIndia simplifies Patent Norms • India notified patent rule(2005) to bring changes  To provide transparency  Decentralization  Simplify the procedure • Following changes were made:-  Application to be mandatory published within 18months.  In case of request – published within 1 month  Definitive time frames have been prescribed  Referred to examiner – 1month of request  Issue of 1st examination report – 6 months
  8. 8. Case studyCase study Bajaj vs Tvs:- • Introduction of case • DTSi Debate between the two wheeler manufacturing giants. • Role of Madras single bench high court. • DTSi and CC-VTi technology. • “No man can be condemned unheard”
  9. 9. Geographical indication includes any name, geographical or figurative representation or any combination of them conveying or suggesting the geographical origin of goods to which it applies.
  10. 10. Procedure for registrationProcedure for registration • Application • Examination • Acceptance and publication • Opposition, if any • Registration
  11. 11. TRIPS agreement on GI Part II, Section 3, in Articles 22-24 • Article 22 legal opportunities in their own laws for the owner of a GI registration. • Article 22 governments may refuse to register a trademark or may invalidate an existing trademark.
  12. 12. Article 23 the owners of GI the right, under their laws, to prevent the use of a geographical. Article 24 exceptions to the protection of geographical indications that are particularly relevant for geographical indications.
  13. 13. Protection Benefits on GIProtection Benefits on GI Product Marketing Strategy Adding More Value Improving the Reputation Equal Treatment Action For Unfair Competition
  14. 14. GI InterestGI Interest Social  Rural employment created / stabilized  Local commodity chain strengthened Environmental  sustainable approach of territory Economical  guaranteed quality for consumers  GI that cannot be enlisted :-  Indication that has become generic.  Indication likely to conflict with the name of a plant variety or animal breed
  15. 15. Case studies: Tequila (Mexico)Case studies: Tequila (Mexico) Alcoholic beverage obtained through must by sugar extraction of the hearts of blue agave The Tequila mixto 49-51 with a proportion of 51% blue agave sugar and 49% of other sugar and the tequila 100%. Due to agave shortage its quantity was reduced from 100%-70% which was later reduced to 30% not accepted by Mexican government. Under GI terms the product ingredients needs to be produced in the territory of manufacturing Tequila.
  16. 16. This did not allowed the manufacturers to import blue agave which led towards conflict among the manufacturers. In 2006 modification of norms allowed manufacturing of flavoured Tequilas. Also maturing of Tequila for atleast 3 years.
  17. 17. ConclusionConclusion Valuable promoting tool The reputation for local products National patrimony
  18. 18. A trademark is a sign that individualizes the goods of a given enterprise and distinguishes them from the goods of its competitors
  19. 19. PurposePurpose Trademarks serve mainly three purposes:  Encourage the production of quality products.  Reduce the customer’s costs of shopping.  Help the customer to make decisions on purchasing products. AdvantagesAdvantages  Promotes Economic Efficiency  Uniformity of Quality of products in market place.  Uniformity of quality of products in market place.  Trademarks reduce the customer’s cost and agony.
  20. 20. Types Of TrademarkTypes Of Trademark Product Trademark Service Trademark Certification Trademark Collective Trademark
  21. 21. Trademark registration requirementTrademark registration requirement State trademark protection - used within the state. Federal trademark protection- used interstate and international commerce. Trademark is not Federally registered until the mark is actually used in commerce. No time limit on filing a trademark application. In case of Internet, URL(domain name) of website need to be register.
  22. 22. Infringement (section 29)Infringement (section 29) Passing Off: If the Trade mark is not only deceptively similar to the trademark of other company but also creating confusion for the customers. Results in damage of business of company. Statutory remedy is available for infringement . The action for passing off is a common law remedy
  23. 23. Difference between infringement and passing-off.Difference between infringement and passing-off. Infringement Statutory remedy is available for infringement. It is necessary only to establish that the infringing mark is identical or deceptively similar to the registered mark. Registration is given only to a particular category of goods Passing-Off  The action for passing off is a common law remedy. Need to prove, marks are identical or similar, which is likely to cause confusion and damage to the business of the company. Goods need not be same, they may be related or even different.
  24. 24. New genres of trademarkNew genres of trademark Holograms  If you look at a credit card for instance, you will see a small image that changes according to the angle from which you look at it Sound mark  an advertising jingle can serve as a trademark Scent mark
  25. 25.  Trademarks Amendment Bill  It amends Trademark act, by Introduction of International Registrations .  Through International Bureau of World Intellectual Property Organization (WIPO).  Section 11 of trademark act  Characteristics of Trademark  Distinctive  Apple” is a very distinctive trademark for a computer, because it has absolutely nothing to do with computers, it would not be distinctive for actual apples  Non-deceptive
  26. 26. Madrid protocol 36a.Madrid protocol 36a. Application Explanation basic application basic registration Common Regulations Contracting Organisation Contracting Party Contracting State International application
  27. 27. Thank you!!!!!