The document discusses key aspects of patents and copyright in India. It begins by defining what constitutes a patent and the requirements for an invention to be patentable. It then discusses copyright, noting that copyright protects original creative works like literature, art, music, and films from unauthorized use, and covers expressions but not ideas. The document outlines the classes of works covered by copyright in India and the registration procedure. It concludes by describing the absolute and relative grounds for refusing a trademark registration under the Indian law, such as signs that deceive or confuse or contain prohibited content.

2. PATENTS ACT 1970

3. What is a Patent?

4. Requirements for an
invention to be patentable

11. Exemptions:

12. APPLICATION
• The Copyright Act, 1957 protects original
literary, dramatic, musical and artistic
works and cinematograph films and sound
recordings from unauthorized uses. Unlike
the case with patents, copyright protects
the expressions and not the ideas. There
is no copyright in an idea.

13. Copyright subsists throughout India
in the following classes of works:

14. Procedure for registration of a work
under the Copyright Act,1957

18. Absolute ground for refusal of
registration(SECTION 9)
A mark shall not be registered as a trade mark if –
a) It is of such nature as to deceive the public or cause confusion;
b) It contains or comprises of any matter likely to hurt the religious
susceptibilities of any class or section of the citizens of India;
c) It comprises or contains scandalous or obscene matter;
d) It’s use is prohibited under the Emblems and Names
(Prevention of Improper Use) Act,1950 (12 of 1950 ).
A mark shall no be registered as trade a mark if it consists exclusively
of –
a) The shape of goods which from the nature of goods themselves;
or
b) The shape of goods which is necessary to obtain a technical
result; or
c) The shapes which gives substantial value to the goods.

19. Relative Grounds for refusal of registration (SECTION
12)
1.Its identity with an earlier trademark and
similarity of goods or services covered by the
trademark. or
2.Its similarity to an earlier trademark.

20. Limitation as to colour.—
a) A trade mark may be limited wholly or in part to
any combination of colours and any such limitation
shall be taken in to consideration by a tribunal
having to decide on the distinctive character of the
trade mark.
b)So far as a trade mark is registered without
limitation of colour, it shall be deemed to be
registered for all colours.