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
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
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. 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. 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. 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. PROCEDURE FOR REGISTRATION OF COPYRIGHT IN INDIA
MEETING WITH CLIENT
TEMPORARY REGISTRATION
DEPARTMENTAL OBJECTIONS
PUBLIC OBJECTION
FINAL CERTIFICATE
AJAY GARG, CORPORATE COUNSEL & LAWYERS
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. 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. 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
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. 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. 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. INTERNATIONAL ORGANIZATIONS IN IP
Establishment of WIPO (World
Intellectual Protection Organization
World Trade Organization
AJAY GARG, CORPORATE COUNSEL & LAWYERS
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. 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. 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. 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. 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