This document contains an agenda for a course on intellectual property law taught by Dr. Tabrez Ahmad. The 10 point agenda includes: concepts of property and intellectual property; examples of where IP is used; rationale for IP; public and private protection of IP; the nature and types of IP rights; main IP instruments; strategic elements of IP; international IP frameworks; India's national IP regime; and a recent WIPO case. Students are instructed to collect course materials and join an online group in preparation for the course.
Law Project, Including case study and all important information related to this act, Includes all patent act rules and regulations, PPT for law and mba both
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.
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
Patent: Presentation on Software Patents - BananaIPBananaIP Counsels
Patent: Presentation on Software Patents - BananaIP
BananaIP Counsels, formerly Brain League IP Services, founded in 2004 at the Indian Institute of Management (IIM) Bangalore’s incubation center (NSRCEL), is recognized as an IP/Patent trailblazer in India. The firm’s mission is to help clients maximize business value from their Intellectual Property (IP)/Patents, and gain competitive advantage in the market place. In its evolution from Brain League, BananaIP carries forward the firm’s core values – Merger of Technology,Management and Law, Swift Adaptation to changes in competitive environment, and business driven approach to Intellectual Property (IP)/Patent Services
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
Law Project, Including case study and all important information related to this act, Includes all patent act rules and regulations, PPT for law and mba both
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.
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
Patent: Presentation on Software Patents - BananaIPBananaIP Counsels
Patent: Presentation on Software Patents - BananaIP
BananaIP Counsels, formerly Brain League IP Services, founded in 2004 at the Indian Institute of Management (IIM) Bangalore’s incubation center (NSRCEL), is recognized as an IP/Patent trailblazer in India. The firm’s mission is to help clients maximize business value from their Intellectual Property (IP)/Patents, and gain competitive advantage in the market place. In its evolution from Brain League, BananaIP carries forward the firm’s core values – Merger of Technology,Management and Law, Swift Adaptation to changes in competitive environment, and business driven approach to Intellectual Property (IP)/Patent Services
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
COVID Crisis unleashed creativity of Indian Researchers and Innovators like never before. Is India becoming an Innovation nation? Here, we look at basics of IPR and some of the COVID 19 innovations.
Introduction To Intellectual Property: Role of IP in the Economic and Cultural Development of the Society,
IP Governance, IP as a Global Indicator of Innovation, Origin of IP History of IP in India. Major Amendments in
IP Laws and Acts in India.
Patents: Conditions for Obtaining a Patent Protection, To Patent or Not to Patent an Invention. Rights
Associated with Patents. Enforcement of Patent Rights. Inventions Eligible for Patenting. Non-Patentable
Matters. Patent Infringements. Avoid Public Disclosure of an Invention before Patenting. Process of Patenting.
Prior Art Search. Choice of Application to be Filed. Patent Application Forms. Jurisdiction of Filing Patent
Application. Publication. Pre-grant Opposition. Examination. Grant of a Patent. Validity of Patent Protection.
Post-grant Opposition. Commercialization of a Patent. Need for a Patent Attorney/Agent. Can a Worldwide
Patent be Obtained. Do I Need First to File a Patent in India. Patent Related Forms. Fee Structure. Types of
Patent Applications. Commonly Used Terms in Patenting. National Bodies Dealing with Patent Affairs. Utility
Models.
Process of Patenting. Prior Art Search. Choice of Application to be Filed. Patent Application Forms.
Jurisdiction of Filing Patent Application. Publication. Pre-grant Opposition. Examination. Grant of a Patent.
Validity of Patent Protection. Post-grant Opposition. Commercialization of a Patent. Need for a Patent
Attorney/Agent. Can a Worldwide Patent be Obtained. Do I Need First to File a Patent in India. Patent Related
Forms. Fee Structure. Types of Patent Applications. Commonly Used Terms in Patenting. National Bodies
Dealing with Patent Affairs. Utility Models.
Intellectual Property Rights, Rights of Local, Indigenous and Farming Communi...Sagar Bhandari
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Business law : Intellectual property right: Patents, trademarks, geographical...Renzil D'cruz
Business law presentation on Patents, trademarks, geographical indications As a part of Intellectual property right With relevant provision of WTO also this Presentation covers case study on Apple vs Samsung case, Viagra Patent issue,Basamati rice, Darjeeling tea etc.
India is a country of versatility, diverse culture, and complex social dimensions. India has been a country of agriculture, and even in today’s era, the majority of the population relies on agriculture for their livelihood; however, despite all these facts, India has seen a tremendous growth and change in economy, science and technology, education, and so on. In the process of development, invention and innovation have gained immense importance, which have resulted in application of inventions and innovations in the form of technology. In this background, the legal protection for the inventors arises, which is being catered by intellectual property rights (IPR) in the whole world as well as India. In Indian context, the IPR has not yet reached every business organization because the word IPR has always been misunderstood by most of the people that it is meant only for science and scientific inventions, but the fact is IPR’s applicability is much wider and it is applicable even to the smallest businesses. In the entire world, China is a nation which has the highest number of IPR grants, followed by USA. IPR in the present situation is very prominent and relevant because changes in industries like telecommunication, computer science, and so on are in the frontline and India is not lagging in invention and innovations. In 2021, out of the total number of applications received, China has the major contribution, which amounts to 40%. But very shockingly, India is not even in the top 10, which hints us that India needs to be vigilant and needs more attention of IPR. This research article speaks on how India is progressing in applicability of IPR and why India is not extensively using the provisions of IPR. We all know that IPR includes various elements like patents, copyrights, and trademarks; geographical indicators; industrial design; and utility models. But to be more precise and detailed, we have narrowed down our study only to patents in India, and even in that, we have considered patent applications, patent grants, and patents in force. It is to be noted that India’s economy is vibrant and dynamic. An economy like India is truly in need of extensive use of IPR and its provision to protect the rights of the real owner and inventor. But most of the population is ignorant about the IPR, so we are making an attempt to understand what is India’s position in IPR and its applicability. To narrow down our research, we have confined our study to only patents. In a further study, we can analyze how we can improve the awareness, and it may also help us in updating of IPR laws and its provisions.
Presentation made by Dr. Tabrez Ahmad in the International Conference on "Open Sesame: Unlocking IP To Unleash The Commons".
A Joint Conference Under The Consilience Banner by: The Law & Technology Society (NLS) and Spicy IP, Supported by: MHRD Chair in IP, NLS. 28th & 29th May, 2016.
Dr. Tabrez Ahmad Presentation on Legal Education Challenges and Reforms in 21...Prof. (Dr.) Tabrez Ahmad
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. Presentation made by Dr. Tabrez Ahmad during the all India Seminar on Global Legal Education by Confederation of Indian Bar
In Association with KIIT
The degree of implementation of the guidelines laid down in Vishakha’s judgment
Efficacy as well as the limitations of “The Protection of Women against Sexual Harassment at Work Place Bill ,2010” As passed by Rajya Sabha on 26th Feb 2013
Obstacles in the implementation of laws to prevent sexual harassment of women at workplace as well as attempt to discuss solution to remove these hurdles
Features of a Negotiable Instrument
Elements of Negotiability
Presumptions as to negotiable instruments
Promissory Note
Bill of Exchange
Cheque
Holder and Holder in due course
Negotiation, Indorsement and Assignment
Dishonour of negotiable instrument
Liability of Banker
What is contract of sale?,
What is agreement to sell?,
What is the subject matter of sale?,
Implied and Expressed Conditions and ,Warranties,
Fitness and Merchantable quality,
Sale by description,
Sale by sample,
Law of Caveat Emptor and Caveat, ,Vendetta
Passing of property and risk,
Nemo dat quod non habet,
Remedies of unpaid seller,
Case Studies,
Company Valuation webinar series - Tuesday, 4 June 2024FelixPerez547899
This session provided an update as to the latest valuation data in the UK and then delved into a discussion on the upcoming election and the impacts on valuation. We finished, as always with a Q&A
The world of search engine optimization (SEO) is buzzing with discussions after Google confirmed that around 2,500 leaked internal documents related to its Search feature are indeed authentic. The revelation has sparked significant concerns within the SEO community. The leaked documents were initially reported by SEO experts Rand Fishkin and Mike King, igniting widespread analysis and discourse. For More Info:- https://news.arihantwebtech.com/search-disrupted-googles-leaked-documents-rock-the-seo-world/
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In this masterclass, presented at the Global HR Summit on 5th June 2024, Luan Wise explored the essential features of social media platforms that support talent acquisition, including LinkedIn, Facebook, Instagram, X (formerly Twitter) and TikTok.
Personal Brand Statement:
As an Army veteran dedicated to lifelong learning, I bring a disciplined, strategic mindset to my pursuits. I am constantly expanding my knowledge to innovate and lead effectively. My journey is driven by a commitment to excellence, and to make a meaningful impact in the world.
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RMD24 | Retail media: hoe zet je dit in als je geen AH of Unilever bent? Heid...BBPMedia1
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Forward-thinking leaders and business managers understand the impact that discipline has on organisational success. A disciplined workforce operates with clarity, focus, and a shared understanding of expectations, ultimately driving better results, optimising productivity, and facilitating seamless collaboration.
Although discipline is not a one-size-fits-all approach, it can help create a work environment that encourages personal growth and accountability rather than solely relying on punitive measures.
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What might I learn?
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Who might benefit? Anyone and everyone leading folks from the shop floor to top floor.
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Introduction to intellectual property law
1. 4711 (Cologne)
Intellectual Property Law
Dr. Tabrez Ahmad
www.technolexindia.com
http://iplexindia.blogspot.com
Dr. Tabrez Ahmad, http://iplexindia.blogspot.com 1
4. Must do before starting the course
Collect IPR syllabus from KLS Library
Purchase an IPL Bare Act
Get membership
http://groups.google.co.in/group/iprkls
Become follower of the Blog:
http://iplexindia.blogspot.com
Dr. Tabrez Ahmad, http://iplexindia.blogspot.com 4
5. Agenda
1. CONCEPT OF PROPERTY & INTELLECTUAL PROPERTY
2. IP UBIQUITOUS IN LIFE
3. RATIONALE BEHIND IP
4. PROTECTION OF IP BY PRIVATE AND PUBLIC DEBATE
5. NATURE OF IPRs
6. MAIN IP INSTRUMENTS
7. STRATEGIC ELEMENTS
8. INTERNATIONAL FRAMEWORK
9. NATIONAL REGIME
10. RECENT WIPO CASE of Mahindra & Mahindra v. Zach Segal.
Dr. Tabrez Ahmad,
http://iplexindia.blogspot.com 5
6. CONCEPT OF PROPERTY INTELLECTUAL
PROPERTY
Natural object becomes a resource when it
satisfies a human want
A resource possessed and owned becomes a
property
Traditional property have bundle of legal rights
linked to ownership and possession of an item
(Tangible: related to physical objects)
Intellectual Property is intangible property
Dr. Tabrez Ahmad, http://iplexindia.blogspot.com 6
7. CONCEPT OF INTELLECTUAL PROPERTY Cont…
Concept of Private Property and Freedom
of contract
Private property and contract
Right to property and Indian constitution
Freedom of Contract
Dr. Tabrez Ahmad, http://iplexindia.blogspot.com 7
8. CONCEPT OF INTELLECTUAL PROPERTY
It is the PROPERTY CREATED BY APPLICATION OF
HUMAN MIND and Investment of money, labour and
judgment.
Intangible (non-physical) in nature- derives
value from ideas
There is no uniform definition of IP
In knowledge age, IP is a key to techno-
economic growth
Dr. Tabrez Ahmad, http://iplexindia.blogspot.com 8
9. 2. IP UBIQUITOUS IN LIFE
Articles of food, furniture, clothing, textiles,
cosmetics, pharmaceuticals, entertainment
gadgets, machinery, books, etc. are all IP
protected.
Domain of IP is ever expanding with advent
of Technology and Globalization : GI, IC
topography are new additions, Traditional
Knowledge/Biodiversity are likely additions
Dr. Tabrez Ahmad, http://iplexindia.blogspot.com 9
10. 3. RATIONALE BEHIND IP
The creative activity culminating in IP is necessary
for socio-economic progress
Material incentives and rewards encourage greater
creative activity
IP rights grant monopoly through contract with the
Govt. to ensure rewards
The interests of owner and society are balanced by
limiting periods of monopoly with obligation to
disclose and remedies against abuse of rights
Disclosure brings knowledge in public domain
Dr. Tabrez Ahmad, http://iplexindia.blogspot.com 10
11. 4. PROTECTION OF IP BY
PRIVATE AND PUBLIC DEBATE
Why govt. is required to protect IP
Whether govt. is really able to protect IPRs
Whether we require IPR govt. offices.
Why not only Private Protection
Dr. Tabrez Ahmad, http://iplexindia.blogspot.com 11
12. 5. Nature of IPRs
a. Key issues
b. Balancing of Interests
Dr. Tabrez Ahmad, http://iplexindia.blogspot.com 12
13. 5. NATURE OF IPRs
Essentially negative rights to stop others from
copying or counterfeiting
In patents, being first with an invention pre-empts any
right of another making same invention independently.
In copyrights, the right is diluted as right is over the form
of expression and not over idea.
IPRs being statutory rights are legally enforceable.
They are territorial in nature.
Dr. Tabrez Ahmad, http://iplexindia.blogspot.com 13
14. 5.a. Key issue :
Ownership of Knowledge
versus
Knowledge Piracy
IPR plays a decisive role
Dr. Tabrez Ahmad, http://iplexindia.blogspot.com 14
15. 5.b Balancing of Interests
Private Public
Producer Consumer
Industrialized Economies Developing Economies
Monopoly Competition
“Private Interest Must Yield Public Good”
Dr. Tabrez Ahmad, http://iplexindia.blogspot.com 15
16. 5.b Balancing of Interests
Dr. Tabrez Ahmad, http://iplexindia.blogspot.com 16
17. 5.b. Balancing of Interests cont….
Dr. Tabrez Ahmad, http://iplexindia.blogspot.com 17
18. 5.b Balancing of Interests
cont….
Controlling Counterfeiting
…….A never ending challenge
Dr. Tabrez Ahmad, http://iplexindia.blogspot.com 18
20. .6 MAIN IP INSTRUMENTS
1. Trademarks, Trade Names & Services Marks
2. Geographical Indications
3. Trade Secrets and Confidential Information
4. Patents
5. Industrial Designs
6. Layout-designs of Integrated Circuits
7. Plant Varieties
8. Copyrights And Related Rights
First seven are also called as Industrial Property Rights
Dr. Tabrez Ahmad, http://iplexindia.blogspot.com 20
21. 7. STRATEGIC ELEMENTS
Protection Offered By Each One Of The
Tools
Period Of Validity
Geographical Limits
Enforcement Features
Licensing Issues, Benefit Sharing
Other Legal Implications
A clear appreciation of these…. Imperative for all IPR players
Dr. Tabrez Ahmad, http://iplexindia.blogspot.com 21
22. 7. STRATEGIC ELEMENTS
Options available to the IPR Holder
Exploit the IPR himself
License the IPR to another party (s) with mutually
negotiated benefit sharing arrangements
Cross License for mutually independent working and / or
collaborative working
Assign the IPR to another party (s) for an appropriate
return
Barter rights
Establish a franchise system involving other parties
Take action against those who infringe his rights
Let the rights selectively lapse in certain countries
Dr. Tabrez Ahmad, http://iplexindia.blogspot.com 22
24. 7. STRATEGIC ELEMENTS Cont..
Realising Value
Valuation of Knowledge and IPR
Licensing of IPR
IPR Insurance
IPR as a collateral
Dr. Tabrez Ahmad, http://iplexindia.blogspot.com 24
25. 7. STRATEGIC ELEMENTS Cont..
How does one realise the value of
one’s intellectual assets
A structured audit is necessary
Dr. Tabrez Ahmad, http://iplexindia.blogspot.com 25
26. 7. STRATEGIC ELEMENTS Cont…
IPR Strategies
Effective use of International Conventions
Strategic options in the statutory provisions
e.g. divisional applications, continuation, and
continuation in part
Extending life of an invention
Joint IPR
IPR Leveraging
IPR Litigation as a strategy
Dr. Tabrez Ahmad, http://iplexindia.blogspot.com 26
28. 7. STRATEGIC ELEMENTS Cont...
Institutional Imperatives
Institutional IPR Policy
Integrating IPR into business strategy & project
management
Effective Use of IPR information
Identifying areas of possible infringements
Licensing strategy
Policing of institutional IP assets
Litigation strategy
IPR audit
Effective utilisation of International Conventions.
Dr. Tabrez Ahmad, http://iplexindia.blogspot.com 28
29. 8. INTERNATIONAL FRAMEWORK
Paris Convention 1883- Industrial Property
Berne Convention 1886- Copyright
BIRPI was based on Berne , Switzerland with a staff of
seven
Madrid Agreement is one of the special arrangement
created to standardize the provisions related to
Trademarks, approximately thirty nations , the USA not
being one of them are party to Madrid Agreement
The agreement was completed at the Madrid revision
conference of the Paris convention in 1890, and later
revised at Stockholm in 1967.
(Paris Convention + Berne Convention) Merged in 1893 =
United International Bureau for the Protection of
Intellectual Property ( BIRPI)= WIPO in 1970
Dr. Tabrez Ahmad, http://iplexindia.blogspot.com 29
30. 1974 WIPO became a specialized agency of the
United Nations system of organisations, with a
mandate to administer Intellectual Property matters
recognised by the member states of the UN.
Today all international applications go to the WIPO
which forwards the applications to the designated
countries for examination persuant to national law.
Dr. Tabrez Ahmad, http://iplexindia.blogspot.com 30
31. The agreements of the WTO system encompasses
trade in goods and services.
other areas include Agreements relating to protection
of IP and dispute settlement
The Trade Related Intellectual Property subjects (
TRIPS Agreements) sets out inter alia, the legal regime
governing Patents, Trade marks, Industrial Designs,
Copyright, Computer Programmes, Micro Organisms,
and Micro Biological Processes.
Dr. Tabrez Ahmad, http://iplexindia.blogspot.com 31
32. The IPR regime is managed by many conventions
and agreements, in the world and the TRIPS
agreements is the last one in the series of
agreement. They are
1. Paris Convention for the protection of Industrial Property, 1983
( revised in 1967 and 1979
2. Berne Convention for the protection of Literary and Artistic
works, 1886 ( last revised in 1971)
3. Madrid Agreement, 1891
4. Universal Copyright convention 1952
5. Lisbon Agreement, 1891
6. Rome convention 1961
7. Convention establishing the WIPO, 1967
8. Geneva Convention
9. Treaty on Intellectual Property in respect of Integrated circuits,
1989 and
10. The TRIPs Agreement 1995.
Dr. Tabrez Ahmad, http://iplexindia.blogspot.com 32
33. 9. National Regime
1. Patent Amendment Act 2005
2. Trademarks Act, 1999
3. Design Act 2000
4. Copyright ( Amendment) Act, 1999
5. Protection of Plant Varieties and Farmers Rights Act,
2001
6. Geographical Indications of Goods ( Registration and
Protection) Act, 1999
7. Biological Diversity Act 2002
8. Semiconductor Integrated Circuits Layout Design Act
2000
Dr. Tabrez Ahmad, http://iplexindia.blogspot.com 33
34. 10. Recent WIPO Case
Mahindra & Mahindra v. Zach Segal, www.wipo.int,
August, 12 , 2009.
Dr. Tabrez Ahmad, http://iplexindia.blogspot.com 34