This document provides an overview of key concepts in Indian intellectual property law for entrepreneurs, including patents, trademarks, designs, copyright, and geographical indications. It defines these terms and outlines the application processes, eligibility criteria, fees, timelines, and enforcement mechanisms for each type of IP. Key points covered include what can be patented/trademarked, how to file applications, opposition processes, international treaties, and duration of protection. The document aims to simplify IP law concepts for easier understanding and implementation.
Procedure For Registration Of Trademark In IndiaStartupwala
Procedure for Registration of Trademark in India, How to register trademark in India Guide, Brand and logo protection in India, registration of logo in India, How to apply for your TRADEMARK in India, Why to file Trademark, benefits of trademark application.
compulsory licensing of patents in India how to get compulsory licensing in India, procedure, rights involved, act and sections,limitation of compulsory licensing, government rights for compulsory licensing,well good for law students
Procedure For Registration Of Trademark In IndiaStartupwala
Procedure for Registration of Trademark in India, How to register trademark in India Guide, Brand and logo protection in India, registration of logo in India, How to apply for your TRADEMARK in India, Why to file Trademark, benefits of trademark application.
compulsory licensing of patents in India how to get compulsory licensing in India, procedure, rights involved, act and sections,limitation of compulsory licensing, government rights for compulsory licensing,well good for law students
International Patenting: Paris Convention, Patent Cooperation Treaty, and Pat...Patterson Thuente IP
India's place in the patent world.
International patenting basics.
Patent Cooperation Treaty (PCT) overview.
Patent Prosecution Highway (PPH) benefits.
The above presentation is a step to simplify the concept of Trademark in India.It also focuses on the process of registration under the Trademarks Act 1999.
The presentation simplifies the steps involved and makes it easier to understand the same.
Note:-The following presentation is a general writing containing contents derived from basic knowledge and relevant books and articles.Also it is the original work of the writer.
Non-disclosure agreements are an important part of working with industry. As a researcher at U-M, you should be familiar with what they protect and how they are managed.
International Patenting: Paris Convention, Patent Cooperation Treaty, and Pat...Patterson Thuente IP
India's place in the patent world.
International patenting basics.
Patent Cooperation Treaty (PCT) overview.
Patent Prosecution Highway (PPH) benefits.
The above presentation is a step to simplify the concept of Trademark in India.It also focuses on the process of registration under the Trademarks Act 1999.
The presentation simplifies the steps involved and makes it easier to understand the same.
Note:-The following presentation is a general writing containing contents derived from basic knowledge and relevant books and articles.Also it is the original work of the writer.
Non-disclosure agreements are an important part of working with industry. As a researcher at U-M, you should be familiar with what they protect and how they are managed.
This material is for PGPSE / CSE students of AFTERSCHOOOL. PGPSE / CSE are free online programme - open for all - free for all - to promote entrepreneurship and social entrepreneurship PGPSE is for those who want to transform the world. It is different from MBA, BBA, CFA, CA,CS,ICWA and other traditional programmes. It is based on self certification and based on self learning and guidance by mentors. It is for those who want to be entrepreneurs and social changers. Let us work together. Our basic idea is that KNOWLEDGE IS FREE & AND SHARE IT WITH THE WORLD
This material is for PGPSE / CSE students of AFTERSCHOOOL. PGPSE / CSE are free online programme - open for all - free for all - to promote entrepreneurship and social entrepreneurship PGPSE is for those who want to transform the world. It is different from MBA, BBA, CFA, CA,CS,ICWA and other traditional programmes. It is based on self certification and based on self learning and guidance by mentors. It is for those who want to be entrepreneurs and social changers. Let us work together. Our basic idea is that KNOWLEDGE IS FREE & AND SHARE IT WITH THE WORLD
This material is for PGPSE / CSE students of AFTERSCHOOOL. PGPSE / CSE are free online programme - open for all - free for all - to promote entrepreneurship and social entrepreneurship PGPSE is for those who want to transform the world. It is different from MBA, BBA, CFA, CA,CS,ICWA and other traditional programmes. It is based on self certification and based on self learning and guidance by mentors. It is for those who want to be entrepreneurs and social changers. Let us work together. Our basic idea is that KNOWLEDGE IS FREE & AND SHARE IT WITH THE WORLD
To introduce the importance of legal and regulatory issues to entrepreneurs
To consider the regulatory environments of the Asia–Pacific within which a new venture must exist
To examine intellectual property protection, including copyright, patents, trademarks and domain names
To recognise the important international protection regimes for intellectual property
To critically examine the IP practices of Asia–Pacific countries
To compare the common legal forms of business organisation in the Asia–Pacific, such as sole proprietorship, partnership and corporation
To be aware of the signals that foreshadow insolvency and bankruptcy
To examine the trend for environmental regulations that will affect business entrepreneurship
This chapter has a broad remit in considering the four types of legal and regulatory challenges that entrepreneurs will face in the Asia–Pacific region. We begin with a look at the various regulatory regimes that make up ease of doing business, from starting a company to closing it down. We then examine one of the most critical aspects for entrepreneurs: how to protect your intellectual property. Equally important is to then consider under what legal form to incorporate the firm. Finally, we look at regulations concerning climate change and global warming, regulations that are becoming increasingly troublesome for entrepreneurs. In typical legalistic style, we do need to note that the Asia–Pacific region includes many different countries and the scope of this text is limited to general knowledge. For specific information on legal matters particular to a country and your venture always seek the advice of appropriately qualified professional persons knowledgeable about the jurisdiction of your operations.
Choosing the appropriate legal structure is a crucial decision for any startup.What are the basic forms of doing business and their relative benefits? Essential procedures and prerequisites of each form of business.
Contractual safeguards: How do we limit contractual liability? Relevant stakeholders (promoters/co-founders; employees; consultants; clients and vendors) and the respective contract liability mitigating strategies.
Data Protection: How do we protect the competitive value of data in our business? Data protection is distinct from IPRs, and therefore, we must understand the legal framework of protecting data and the relevant international trends in this regard.
Discover new creativity and new design make sure to reserve it for yourself only, a trademark is one kind of mark or sign that is utilized to represent a business products or services. Here is the complete information about Intellectual Property Rights (IPR) such as Trademark Registration Rectification, Opposition, Objection, Renewal, Copy Right Registration, Design Registration, Patent Registration, and Provisional Patent Registration.
The presentation commences with a compelling introduction to the concept of Intellectual Property (IP) rights and their critical role in safeguarding innovations and creativity in various industries. It highlights the significance of protecting intangible assets to foster innovation, encourage investment, and stimulate economic growth.
The presentation begins with an introduction to Intellectual Property Rights (IPR) and its importance in safeguarding various forms of creative and innovative works. It emphasizes the significance of copyright, trademark, and patent protections in fostering creativity, enabling businesses to thrive, and encouraging technological advancements.
What types of trademarks can be registered in Laos?
Marks are categorized into 04 (four) types for examination and registration purpose as per Article 5 of Decision No. 2822/MOST dated 17 December 2019.
Type 1: “Trademark”: A trademark is defined as a symbol or a combination of symbols used to
distinguish the goods of individuals, legal entities, or organizations from the symbols of others. Symbols may be words, including invented words, signatures, names, figures, shape elements, outlines, photographs, three-dimensional pictures, animated images or packaging of goods, or a combination of colors or symbols;
Type 2: “Service Mark”: A Service mark is a symbol or a combination of symbols used to distinguish the services of individuals, legal entities, or organizations from the symbols of others, which are the same as those specified in the type 1 above.
Type 3: “Certification Mark”: A Certification Mark is a mark established by a legal entity or organization that can be used to guarantee a standard or characteristic to certify said goods or service. The mark can be used by a third party in order to indicate the origin, raw materials, method of production of the product, method to provide the service that meets the quality standards, safety, cleanliness, which is produced by a person who has expertise in a certain area.
Type 4: “Collective Mark”: A Collective Mark is a mark that is endorsed by collective organizations, for example: associations, unions, other social organizations, cooperatives, chambers of commerce and industry, or other collective organizations. A Collective Mark is a Trademark that only a member of the organization can use to indicate that its goods or services are different from the goods of another party.
What are the fees for trademark registration in Laos?
A multi-class trademark application is acceptable in Laos, meaning that a trademark application can cover more than 01 class. The examination process for a multi-class application is more complex than for a single-class application, as the trademark office must review the mark in each class to determine if there are any conflicting marks. This can result in a longer examination process and a higher likelihood of objections or rejections. Therefore, it is advisable to file a single-class trademark application in Laos to avoid delays if a certain class of goods/services is refused registration.
The fees shall NOT increase if one class of goods/services has 10 or more goods/services. Thus, the trademark applicant may list as many goods/services as he likes.
Fees from filing a trademark application in one class of goods/services in Laos are roughly over US$ 300.
Patent protection and registration in the UAEAhmedTalaat127
With the acceleration of technological progress, access to the intellectual property, and even theft thereof, is becoming easier every day.
Thus, the need for legislation guaranteeing the protection of creative products. And ideas and inventions has become more urgent than ever. Accordingly, Intellectual Property Protection, Patent Registration and other laws began to develop in recent times.
The UAE has always recognized the importance of the robust and effective protection of intellectual property to ensure the rights of others, and the Ministry of Economy is the body responsible for, amongst others, the implementation and regulation of such intellectual property protection legislation as well as the registration of various forms of intellectual property.
This article will consider the steps for submitting an application to the Ministry for the legal protection of an idea, invention, creative work, trademark or any other form of intellectual property in accordance with the UAE intellectual property laws.
This pdf is about intellectual property rights in which we discuss patent role in india, copyright, trademark, industrial design, geographic indication, etc
Similar to Indian intellectual property law for entrepreneurs (20)
Indian intellectual property law for entrepreneurs
1.
2.
3. What is intellectual property ? Intellectual Property refers to creation of mind such as inventions, designs for industrial articles, literary, artistic work, symbols which are ultimately used in commerce. Intellectual Property rights allow the creators or owners to have the benefits from their works when these are exploited commercially.
4. What is the purpose of trademark? It identifies the actual physical origin of goods and services. The brand itself is the seal of authenticity. It guarantees the identity of the origin of goods and services. It stimulates further purchase. It serves as a badge of loyalty and affiliation. It may enable consumer to make a life style or fashion statement
5. What is the law relating to design in India ? The first designs legislation enacted in India was the Patterns and Designs Protection Act, 1872. then came Indian Patents and Designs Act, 1911 Now we have Designs Act, 2000.
6. When is a design registrable ? The design should be new or original, not previously published or used in any country before the date of application for registration. The novelty may reside in the application of a known shape or pattern to new subject matter. It should not be a trademark The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article.
7. Can we get design of building approved under design act ? No designs of industrial plans, layouts and installations are not registrable under the Act.
8. Can a design inside a box be registered under design act ? No the design should be visible on the article. Any design in the inside arrangement of a box, money purse or almirah may not be considered for showing such articles in the open state, as those articles are generally put in the market in the closed state
9. Can Label & Stamps be registered for their design under design act? No Because once the alleged Design i.e., ornamentation is removed only a piece of paper, metal or like material remains and the article referred ceases to exist. Article must have its existence independent of the Designs applied to it.
10. What is the effect of registration of design ? The registration of a design confers upon the registered proprietor ‘Copyright’ in the design for the period of registration. ‘Copyright’ means the exclusive right to apply a design to the article belonging to the class in which it is registered. So get the design registered with Patent Office Kolkata for all the designs that you have
11. What are the penalties for violation of design act ? The culprit will pay Rs. 25,000/- to the registered proprietor subject to a maximum of Rs. 50,000/- in respect of any one design. (penalty in Patent act is Rs. 100000 / imprisonment for 5 years + 5000 per day)
12. Should we first prepare article before applying for registration under design act ? No design can be a new shape which can be applied to a pen thus capable of producing a new appearance of a pen on the visual appearance. It is not mandatory to produce the pen first and then make an application.
13. What is meant by classification of goods as per design act 2000 , Third Schedule ? In the third Schedule of Design Rules, 2001 the classification of goods has been mentioned. The classification is based on Locarno Agreement. This classification is different from the one which is mentioned in Trademark act
14. What are the steps in registration of geographical indicators ? 1. application through legal practitioner 2 preliminary scrutiny 3. show cause notice & submissions (2 months) 4. publications 5. oppostions (in 3 months of publications) 6. clarifications 7. grant of registration
16. What is Budapest Treaty ? It was a treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure done at Budapest on April 28, 1977 as amended and modified from time to time.
17. What are the types of intellectual properties ? The intellectual property is classified into seven categories i.e . (1) Patent (2) Industrial Design (3) Trade Marks (4) Copyright (5) Geographical Indications (6) Lay out designs of integrated circuits (7) Protection of undisclosed information/Trade Secret according to TRIPs agreements.
18.
19.
20. How does trademark help a firm? 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.
21. What can be a trademark? New name, work, symbol etc. Ensure that it is not being used by others. These cant be trademarks : Geographic indicators Names of places / city / country Superlative words like the best, perfect etc.
22. How to apply for trademark ? The application should contain the trade mark, the goods/services, name and address of applicant and agent (if any) with power of attorney , period of use of the mark and signature. The application should be in English or Hindi. It should be filed at th appropriate office. Use prescribed forms depending on the nature of application such as Form TM-1, TM-2, TM-3, TM-8, TM-51 etc.
23. What is the fees for trademark registration etc. (in Rupees) ? Application fees = 2500 opposition fees = 2500 search fees = 500 renewal fees = 5000 preliminary advice = 500 delay in restoration = 3000 rectification in trademark = 3000
24.
25. Does Indian Patent give protection worldwide? Patent protection is territorial right and therefore it is effective only within the territory of India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.
26. Is it possible to file international application under Patent Cooperation Treaty (PCT) in India? It is possible to file an international application known as PCT application in India in the Patent Offices located at Kolkata, Chennai, Mumbai and Delhi. All these offices act as Receiving Office (RO) for International application.
27. Who can apply for a patent? A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person. However, legal representative of any deceased person can also make an application for patent.
28. Should application for patent be filed before or after, publication of the details of the invention? The application for patent should be filed before the publication of the invention and till then it should not be disclosed or published.
29. How to submit provisional specification ? For obtaining patent first of all submit a provisional application with Provisional specification describes the nature of the invention to have the priority date of filing of the application in which the inventive idea has been disclosed. Patent office will sent the matter to examiner for examination report. Provisional specification must be followed by a complete specification describing the details of the invention along with a statement of claims within 12 months after filing of the provisional application. Any person can raise objection in 6 months of publication / before grant of patent.
30. Is patent application once filed sent to examiner automatically? No, The examination is done only after receipt of the request of examination either from the applicant or from third party.
31. When can the request for examination be filed? The request for examination can be filed within a period of 48 months from the date of priority or date of filing of the application whichever is earlier.
32. What are the steps in grant of patent ? 1. make application for the grant of patent (online,with fees) & publication (upto 18 months) 2. make a request for examination (in 48 hours to 12 months) 3. examination 4. FER is issued 5. applicant is given an opportunity to correct the deficiencies in order to meet the objections raised in the FER report. The applicant must comply with the requirements within 12 months. 6. pre-grant opposition – and clarify the oppostion (6 months) 7 the patent is granted and notified in the Patent office Journal. 8. post grant opposition – clarify them
33. Is there any fee for filing pre-grant opposition? There is no fee for filing representation for pre-grant opposition? This can be filed by any person.
34. Is it possible to file pre-grant opposition even before examination? Yes, it is possible to file representation for pre-grant opposition even though there is no request for examination has been filed. However, the representation will be considered only when a request for examination is received within the prescribed period.
35. What are the time limits for opposition to patent application? The time for filing pre-grant opposition is 6 months from the date of publication of patent application (sec 11a) The time for filing post-grant opposition is 12 months from the date of publication of the grant of patent in the official journal of the patent office
36. What is the fees for opposition? Pregrant oppostion = no fees post grant opposition = Rs. 6000
37. Where the information relating to patent application is notified? The information relating to the patent application is published in the Patent office Journal issued on every Friday. This is also available in electronic form on the website of the Patent Office
38. What are the contents of the Patent office Journal? The Patent office Journal contains information relating to patent applications which are published u/s 11A, post grant publication, restoration of patent, notifications , indexes, list of non-working patents and notices Issued by the Patent Office relating to Patents, etc..
39. Can one use the words "Patent Pending" or "Patent Applied For"? These words are normally used by the patent applicant to their products after filing his application for patent so that the public is made aware that a patent application has been filed in respect of that invention. Use of these words where no application has been made is prohibited under the Patent law. However, use of such words by the patent applicant does not prohibit the third party to plead as innocent unless the patent number is indicated.
40. How can one find out that an invention is already patented? The person concerned can perform a preliminary search on Patent Office website in the Indian patent data base of granted patent or Patent Office journal published every week
41. What is patent application fees? For individual : Rs.1, 000/- (upto 30 pages thereafter 100 per page) (upto 10 claims, pay Rs.200/- for each additional claim) for a company / legal entity : Rs.4, 000/- upto 10 claims and 30 pages. (If the number of pages exceed beyond 30, Rs.400/- per page. Rs.800/- for each additional claim beyond 10 claims allowed).
42. Is there patent renewal fees also? Yes After the grant of patent, every patentee has to maintain the patent by paying renewal fee every year as prescribed in the schedule I. For first two years, there is no renewal fee. The renewal fee is payable from 3rd year onwards. In case the renewal fee is not paid the patent will be ceased.
43. What is qualification for patent office ? (a) he is a citizen of India; (b) he has completed the age of 21 years; (c) he has obtained a degree in science, engineering or technology from any university AND (i) has passed the qualifying examination prescribed for the purpose; or (ii) has, earlier worked for not less than ten years either as an examiner or Controller (in patent office)
44. Is it necessary to file patent through agent ? No, but if applicant who is not a resident of India then he is required to file either through the registered patent agent or must give an address for service in India
45. Is there any International Depository Authority in India where biological material can be submitted while applying for patent? Yes, there is an International Depository Authority in India located at Chandigarh which is known as Institute of Microbial Technology (IMTECH).
46. Where can you get more details on patent / trademark / copyright / design / geographic indications in India ? www.ipindia.nic.in
47. What types of opposition can be raised regarding patent ? Pre-grant opposition post-grant opposition
48. Is there any provision in the patent law for early publication? Yes, the usual time is upto 18 months, but the applicant can make a request for early publication in Form 9 along with the prescribed fee. After receiving such request the Patent Office publishes such application within a period of one month provided the invention contained thereon does not relate to atomic energy or defence purpose.
49. What are the main international agreements relating to patent? Convention establishing World Intellectual Property Organization (WIPO) TRIPS Agreement under the World Trade Organization (WTO) Paris Convention for the protection of Industrial Property Dec. 7, 1998. Patent Cooperation Treaty (PCT) Dec. 7, 1998.
50. WHAT IS DURATION OF PATENT, COPYRIGHT, TRADEMARK ? PATENT = 20 YEARS TRADEMARK = 10 YEARS COPYRIGHT = 60 YEARS
51. What is a Patent? A Patent is a statutory right for an invention granted for 20 years to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent. There must be some new method / process / technique for patent
52. What can be patented? An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under section 3 and 4 (agriculture,plant, animal, atomic energy, frivolour invention, rearrangements, science principles etc) of the Act.
53. What is patentable ? i) It should be novel / inventive . ii) It should have inventive step or it must be non-obvious iii) It should be capable of Industrial application. iv) It should not fall within the provisions of section 3 and 4 of the Patents Act 1970.
54. Can we get patent after display in public exhibition ? No Generally, a patent application for the invention which has been either published or publicly displayed cannot be filed. However the Patents Act provides a grace period of 12 months for filing of patent application from the date of its publication in a journal or its public display
55. How to prepare specifications ? The applicant himself or agent has to prepaer specification.It comprises of the title of the invention indicating its technical field, prior art, draw backs in the prior art, the solution provided by the inventor to obviate the drawbacks of the prior art, a concise but sufficient description of the invention and its usefulness, drawings (if Any) and details of best method of its working. The complete specification must contain at least one claim defining the scope of the invention for which protection is sought for.
56. When does the patent office publish application? Every application for patent is published after 18 months from the date of its filing or priority date whichever is earlier. However, following applications are not published. A) when secrecy direction is imposed B) Application which has been abandoned u/s 9(1) and C) Application which has been withdrawn 3 months prior to 18 months
57. What is FER what is its role ? the Patent office issues an examination report to the applicant which is generally known as First Examination Report (FER). Thereafter the applicant is required to comply with the requirements within a period of twelve months from the date of FER. In case, the application is found to be in order for grant, the patent is granted, provided there is no pre-grant opposition. A letter patent is issued to the applicant. However, in case a pre-grant opposition, the further action is taken after disposition of the pre-grant opposition.
58. By what time can a person oppose grant of a patent ? Pre-patent = within six months from the date of publication of the application u/s 11A or before the grant of patent. The grounds on which the representation can be filed are provided u/s 25(1) of the Patents Act 1970. post patent = in 12 months as per sec. 25(2)
59. How can I apply for a patent? A patent application can be filed with Indian Patent Office either with complete specification or with provisional specification along with fee as prescribed in schedule I. In case the application is filed with provisional specification, then one has to file complete specification within 12 months from the date of filing of the application. There is no extension of time to file complete specification after expiry of said period.
60. What is the procedure of application patent in India ? First make an application patent applications are published within one month after expiry of the statutory period of 18 months. In case of request for an early publication, the application is to be published within one month from the date of request complete specifications must be submitted within 1 month of application – otherwise the application will remain cancelled
61. WHAT IS INTELLECTUAL PROPERTY ? creations of human mind and human intellect, this property is called Intellectual property. EXAMPLES writing, softwares (copyright), design, methods, process, etc.
62. What is the impact of WTO on Indian Patent law ? Patents Act, 1970 has been amended in the year 1995, 1999, 2002 and 2005 to meet India’s obligations under the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) which is a part of World Trade Organisation (WTO).
63. How can a person oppose another person getting patent on former's work? If an application for a patent has been published but a patent has yet to be granted, the person may, in writing, represent his case by way of opposition to the Controller of Patents and oppose grant of patent on this grounds.
64. What is infringement of copyright? Only copyright owner (the person who produced the document / wrk) can reproduce the work If any other person without authorisation from the owner exercises these rights in respect of the work which has copyright protection, it is an infringement of the copyright.