The registration and protection of industrial designs in India is administered by the Designs Act , 2000 and corresponding Designs Rules , 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came in to force from 30th December, 2014, which incorporates a new category of applicant as small entity in addition to natural person and other than small entity.
The industrial design recognizes the creation new and original features of new shape, configuration, surface pattern, ornamentations and composition of lines or colours applied to articles which in the finished state appeal to and are judged solely by the eye.
A geographical indication (GI) is a name or sign used on certain products which corresponds to a specific geographical location or origin (e.g. a town, region, or country)
Examples: Basmati rice, Swiss watches etc
Protection of plant vareities and farmers right act, 2001DNMadhushree1
REGISTERABLE PLANT VARIETIES (slide no.8)
(i) NEW VARIETY is a variety which is not in public domain
> In India earlier than 1 year before the date of filling the application;
> outside India, in the case of trees or vines earlier than 6 years or in any other case earlier than 4 years.
(ii) EXTANT VARIETY is a Variety available in India which is -
> Notified under section 5 of the Seeds Act, 1996; or
> A Farmers variety
> A variety about which there is common knowledge
(iii) FARMERS VARIETY is a variety which-
> Has been traditionally cultivated and evolved by the farmers in their fields;
> Is a wild relative or land race of a variety about which the farmers possess the common knowledge.
(iv) ESSENTIALLY DERIVED VARIETY in respect of a variety (the initial variety), shall be called when it -
> Is predominantly derived from a variety that itself is predominantly derived from an initial variety, while retaining the expression of the essential characteristics that result from the genotype or combination of genotype of such initial variety;
> Is clearly distinguishable from initial variety.
TEST TO BE CONDUCTED (slide no.12)
Every applicant shall, along with the application for registration, make available to the Registrar some quantity of seeds of a variety for registration of which such application is made for the purpose of conduction of test to evaluate whether the seeds of such variety along with parental material conform to the standards as may be specified by regulations.
The seeds samples received by the Authority will be properly tested for its purity and germination. A part of the seed sample will be sent to the test center for conduction of DUS tests and a part of it is kept by the Authority in the National Gene Bank to maintain the seeds samples of the registered varieties for their entire period of protection.
The DUS testing shall be field and multi-location based for at least 2 similar crop seasons. Special tests (laboratory based) shall be conducted only when DUS testing fails to establish the requirement of the distinctiveness.
Provided that in the case of trees and vines there shall be an option on the manner of the DUS testing that a panel of 3 experts shall visit the on-farm test sites for 2 similar crop seasons as may be specified.
The DUS test shall be necessary for all new and extant varieties except essentially derived varieties and it shall be conducted on a minimum of 2 locations. There are special guidelines for the DUS test for each crop.
The registration and protection of industrial designs in India is administered by the Designs Act , 2000 and corresponding Designs Rules , 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came in to force from 30th December, 2014, which incorporates a new category of applicant as small entity in addition to natural person and other than small entity.
The industrial design recognizes the creation new and original features of new shape, configuration, surface pattern, ornamentations and composition of lines or colours applied to articles which in the finished state appeal to and are judged solely by the eye.
A geographical indication (GI) is a name or sign used on certain products which corresponds to a specific geographical location or origin (e.g. a town, region, or country)
Examples: Basmati rice, Swiss watches etc
Protection of plant vareities and farmers right act, 2001DNMadhushree1
REGISTERABLE PLANT VARIETIES (slide no.8)
(i) NEW VARIETY is a variety which is not in public domain
> In India earlier than 1 year before the date of filling the application;
> outside India, in the case of trees or vines earlier than 6 years or in any other case earlier than 4 years.
(ii) EXTANT VARIETY is a Variety available in India which is -
> Notified under section 5 of the Seeds Act, 1996; or
> A Farmers variety
> A variety about which there is common knowledge
(iii) FARMERS VARIETY is a variety which-
> Has been traditionally cultivated and evolved by the farmers in their fields;
> Is a wild relative or land race of a variety about which the farmers possess the common knowledge.
(iv) ESSENTIALLY DERIVED VARIETY in respect of a variety (the initial variety), shall be called when it -
> Is predominantly derived from a variety that itself is predominantly derived from an initial variety, while retaining the expression of the essential characteristics that result from the genotype or combination of genotype of such initial variety;
> Is clearly distinguishable from initial variety.
TEST TO BE CONDUCTED (slide no.12)
Every applicant shall, along with the application for registration, make available to the Registrar some quantity of seeds of a variety for registration of which such application is made for the purpose of conduction of test to evaluate whether the seeds of such variety along with parental material conform to the standards as may be specified by regulations.
The seeds samples received by the Authority will be properly tested for its purity and germination. A part of the seed sample will be sent to the test center for conduction of DUS tests and a part of it is kept by the Authority in the National Gene Bank to maintain the seeds samples of the registered varieties for their entire period of protection.
The DUS testing shall be field and multi-location based for at least 2 similar crop seasons. Special tests (laboratory based) shall be conducted only when DUS testing fails to establish the requirement of the distinctiveness.
Provided that in the case of trees and vines there shall be an option on the manner of the DUS testing that a panel of 3 experts shall visit the on-farm test sites for 2 similar crop seasons as may be specified.
The DUS test shall be necessary for all new and extant varieties except essentially derived varieties and it shall be conducted on a minimum of 2 locations. There are special guidelines for the DUS test for each crop.
Introduction
History of GI
Features of GI
Who can apply for the registration of a GI?
Contents of the Application
GI in India
Examples of geographical indications
TRADEMARK AND GI
Geographical Indications (GI)
Types of GI
Why GI needs to be protected?
Advantages of GI
How are GIs Protected?
WIPO and GI
GI in India
Registration process
GI in Tamil Nadu
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.
IPFlair provides the best patent consultant in India with the online patent filing process. So get patented today with IPFlair and boost up your business strategy.
The Protection of Plant Varieties and Farmers’ Rights ActMahendra Pal
Intellectual property (IP) is a legal concept that includes copyrights, trademarks, patents, and related rights. Under intellectual property law, the holder of one these abstract "properties" has certain exclusive rights to the creative work, commercial symbol, or invention which is covered by it. In India, the Plant Variety Protection (PVP) and Farmers Rights Bill, 1999, proposes protection for all genera and species notified by the Central Government for a period of 15 and 18 years for herbaceous and woody species respectively subject to
the satisfaction of the NDUS ( Novelty, Distinctness, Uniformity and Stability)
criteria Protection is also extended to essentially derived varieties (EDVs). Researcher’s privilege is provided to ensure continuous improvement of varieties. Breeders from any country, honouring the principle of reciprocity, are permitted to apply for protection.
Basic introduction of Intellectual Property Rights, types, advantages, disadvantages with main focus on Patents, criteria, Patentable and Non Patentable items
Indian Patent Act 1970 : This presentation includes definition of Patent, approval process, expiry and withdrawal, its renewal procedure, penalties and various brief topics with explanation of Indian patent act 1970 and its amendments thereafter.
Introduction
History of GI
Features of GI
Who can apply for the registration of a GI?
Contents of the Application
GI in India
Examples of geographical indications
TRADEMARK AND GI
Geographical Indications (GI)
Types of GI
Why GI needs to be protected?
Advantages of GI
How are GIs Protected?
WIPO and GI
GI in India
Registration process
GI in Tamil Nadu
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.
IPFlair provides the best patent consultant in India with the online patent filing process. So get patented today with IPFlair and boost up your business strategy.
The Protection of Plant Varieties and Farmers’ Rights ActMahendra Pal
Intellectual property (IP) is a legal concept that includes copyrights, trademarks, patents, and related rights. Under intellectual property law, the holder of one these abstract "properties" has certain exclusive rights to the creative work, commercial symbol, or invention which is covered by it. In India, the Plant Variety Protection (PVP) and Farmers Rights Bill, 1999, proposes protection for all genera and species notified by the Central Government for a period of 15 and 18 years for herbaceous and woody species respectively subject to
the satisfaction of the NDUS ( Novelty, Distinctness, Uniformity and Stability)
criteria Protection is also extended to essentially derived varieties (EDVs). Researcher’s privilege is provided to ensure continuous improvement of varieties. Breeders from any country, honouring the principle of reciprocity, are permitted to apply for protection.
Basic introduction of Intellectual Property Rights, types, advantages, disadvantages with main focus on Patents, criteria, Patentable and Non Patentable items
Indian Patent Act 1970 : This presentation includes definition of Patent, approval process, expiry and withdrawal, its renewal procedure, penalties and various brief topics with explanation of Indian patent act 1970 and its amendments thereafter.
These are the slides for the presentation that I was due to give to the makers at FFPWS on 1 April. FFIWS is a maker space in Porthmadog with laser cutters, 3D printers and all sorts of other impressive kits. As my visit has had to be cancelled I have decided to deliver my presentation online. If there is still enough interest in Porthmadog (or anywhere else in the world for that matter) I will give a fee webinar on 15 April 2020 on IP Law for Makers, The IP law in question will be the law of Wales and England which will not be exactly the same elsewhere but most of the presentation should be relevant more or less anywhere.
What is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a What is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem What is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem What is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a What is a patent? A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problemWhat is a patent? A patent is an exclusive right granted for an in
Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
The Art Pastor's Guide to Sabbath | Steve ThomasonSteve Thomason
What is the purpose of the Sabbath Law in the Torah. It is interesting to compare how the context of the law shifts from Exodus to Deuteronomy. Who gets to rest, and why?
Ethnobotany and Ethnopharmacology:
Ethnobotany in herbal drug evaluation,
Impact of Ethnobotany in traditional medicine,
New development in herbals,
Bio-prospecting tools for drug discovery,
Role of Ethnopharmacology in drug evaluation,
Reverse Pharmacology.
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
Model Attribute Check Company Auto PropertyCeline George
In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
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Bills have a main role in point of sale procedure. It will help to track sales, handling payments and giving receipts to customers. Bill splitting also has an important role in POS. For example, If some friends come together for dinner and if they want to divide the bill then it is possible by POS bill splitting. This slide will show how to split bills in odoo 17 POS.
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It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
We all have good and bad thoughts from time to time and situation to situation. We are bombarded daily with spiraling thoughts(both negative and positive) creating all-consuming feel , making us difficult to manage with associated suffering. Good thoughts are like our Mob Signal (Positive thought) amidst noise(negative thought) in the atmosphere. Negative thoughts like noise outweigh positive thoughts. These thoughts often create unwanted confusion, trouble, stress and frustration in our mind as well as chaos in our physical world. Negative thoughts are also known as “distorted thinking”.
2. INTELLECTUAL PROPERTY RIGHTS
Introduction Of Intellectual Property:
• When ability of human mind to think, create and
express gives birth to an invention or innovation then
it is called as an Intellectual Property.
NEED:
• To protect the invention or innovation from being
copied by some one else.
• People should respect the creative and innovative
work of the creator.
• Creator can get social and economic benefits.
• To increase investment in R&D and FDI inflow.
3. OBJECTIVES OF INTELLECTUAL
PROPERTY RIGHTS
• IPR Awareness:
With rapid globalization many companies might plan
to expand their businesses offshore. In such cases it
is very important for them to understand how they
can protect their IPs at an offshore location
• Generation of IPRs:
Along with the aspect that IPRs should have
economic value, Investment in R&D will increase the
generation of IPRs
4. • Commercialization of IPR:
Value for IPRs through selling or transferring
rights
• Fighting against IPR infringement:
It is important to fight against IPR infringement
because the IPR holder puts in efforts to invent or
innovate also infringement may cause loss to him.
• Human Capital Development:
To strengthen and expand human resources,
institutions and capacities for teaching,
training, research and skill building in IPRs
5. P
JOURNEY OF INDIAN IPR ACTS
Patent Act
1970
Patent Act
(Amended)
: 1999
Trademark
Act: 1999
Designs
Act: 2000
Patent Act
(Amended):2002
Patent Act
(Amended):
2005
Trademark Act
(Amended):
2010
Patent Act and
Trademark Act
(Amendments):
2017
6. National Intellectual Property Organisation
• The answer is National Intellectual Property
Organization (NIPO). NIPO is an initiative with a vision to
make India Intellectual superpower.
Functions Of NIPO
• To develop policy in the area of IP, harnessing
Intellectual Property assets and knowledge to generate
economic wealth.
• To encourage infrastructural development for
registration of IPRs
7. World Intellectual Property Organization
• World Intellectual Property Organisation was
established in 1967 with a mission of development of
balanced IP system.
The main functions of WIPO are:
• To promote world wide protection of both industrial
IP and copyrights
• To deliver quality services in global intellectual
property system
8. TYPES OF IPRs IN INDIA
• Patent: Patent is granted for invention of a product
or process which has industrial application.
• Design: Design refers only to shape, size, colour
combination or pattern applied to two or three
dimensional article.
• Trademark: It is used to distinguish between
different products and services. Trademark can be
sign, symbol, words etc.
• Geographical indication: A particular product has a
particular geographical origin then it is called
geographical indications. eg. Paithani (Saree)
• Copyrights: Rights given specifically to music, literary,
artistic work’s creators
9. PATENT
Patents are rights that are given to an inventor of a
product or a process.
The requirements and rights of the patent are
determined by the national law.
Patents must be new, inventive, and have an industrial
application.
Governed by the Patent Act 1970.
10. OBJECTIVES OF A PATENT
To encourage inventor.
To protect the inventor’s interest.
To encourage research and development.
To ensure fair trade practices.
11. THE PATENT ACT, 1970
Lays down the rights and gives advantage to the
patentee.
The Patents Act 1970, along with the Patents Rules
1972, came into force on 20th April 1972, replacing
the Indian Patents and Designs Act 1911.
The patents act has been amended several times in
1999,2002,2005 and in 2017
12. PRINCIPLES UNDER PATENT LAW
Novelty: The invention must always be new.
Useful: Utility means an invention must have a purpose.
Non obvious requirement: The invention must be not
considered obvious in the field of invention to qualify as
a valid invention.
Invention must be fully disclosed: The adequate
disclosure, properly confer the power to exclude others
from practicing the patented technology.
13. TYPES OF PATENTS
Utility Patents: A Utility patent is an exclusive right given
for an invention, which allows the right holder to prevent
others from using the protected invention without his
authorization for a limited period of time.
Design Patents: A design patent is a form of protection
which allows an inventor to protect the original shape or
surface ornamentation of a useful manufactured article.
Plant Patents: Plant patents are only available for
plants that are new, distinctive and asexually
reproduced. A person can only obtain a plant patent
if he or she has been able to asexually reproduce the
plant.
15. TERM OF THE PATENT
According to the section 53 of the Patents Act 1970,
the term of the patent in India is 20 years from the
date of filing of patent application.
Patents have to be renewed every year by paying
certain fee every year or in lump sum.
VALIDITY
Patents are territorial rights hence only applicable in
the country where it is granted unless an
international application is made.
Under the Patent Cooperation Treaty the term is 20
years from the international filing date.
16. WORLDWIDE PATENT
A “worldwide patent” or a “global patent” does not
exist. Ultimately one needs a separate patent for each
jurisdiction.
International “PCT” Patent Applications
An international “PCT” (Patent Corporation Treaty)
application is filed. It provides an 18 month
international search and an examination process which
gives you an official report of the patentability of your
invention.
18. LICENSING OF PATENT
There are two types of patent licenses:
•Exclusive Licenses: These transfer all ownership rights
to a licensee. The licensor still owns the title.
• Non-Exclusive Licenses: A non-exclusive license also
grants the right to use a patent, however, you can
grant non-exclusive license to several users
simultaneously
19. LICENSING OF PATENT
Advantages of Patent Licensing
•Limited Risk: Patent licensing lets you transfer the risk
to another party.
• Global Distribution: Patent licensing can introduce
your invention to a bigger market.
•Limited Time Period: You don't have to give away the
rights to your intellectual property forever. You can
include a time period in the license.
•Eliminating Patent Infringement: This option gives a
competitor the right to your intellectual property, and it
gives you the right to profit at the same time.
20. RIGHTS OF THE PATENTEE
The rights of the patentee under the Act are :-
• To exploit the patent.
• To license the patent to another.
• To assign the patent to another.
• To surrender the patent to another.
• To sue for the infringement of the patent.
21. THE CLAUSES OF TRIPS RELATING TO PATENTS
Article 27.1 - The TRIPS Agreement requires Member
countries to make patents available for any
inventions, process or product, without
discrimination.
Article 28 - The rights that are covered by a product
patent include making, using, offering for sale,
selling, and importing for these purposes.
Article 33 - The term of protection available will not
end before the expiry of the patent which is 20 years.
24. NEED OF TRADEMARK
• Helps to prevent Unfair competition
• Helps to avoid confusion and loss of reputation,
customer base and loyalty.
25. ADVANTAGES OF TRADEMARK REGISTRATION
• Exclusive Rights: The owner can use the same for all
the products falling under the respective class
• Builds trust and Goodwill: It helps in creating
permanent customers who are loyal and always opt
for the same brand
• Differentiates Product: It gives the product an
identity which is different from that of the existing
competitors.
• Creation of Asset: Registered trademark is a right
created which can be sold, assigned, franchised or
commercially contracted.
26. ADVANTAGES OF TRADEMARK REGISTRATION
• Use of ® symbol: Once the trademark is registered the proprietor can
use the ® symbol on the logo stating that it is a registered trademark
and no one can use the same trademark.
• Protection against infringement: No competitor or other person can
use the word mark or logo registered by proprietor under trademark.
• Protection for 10 Years at low cost: Online Trademark registration
does not include much cost. Once the proprietor registers the
trademark he has to just pay the maintenance cost and renewal cost
which is after 10 years of registering the trademark.
• Global Trademark Registration: The trademark registered in India can
be used as basis of registration there.
27. WHO CAN REGISTER FOR A TRADEMARK
• An Individual (Person)
• Joint Owners
• Proprietorship Firms
• Partnership Firm
• Indian Company
• Foreign Company
• Trust or Society
28. TRADEMARK ACT 1999
• Defined under section 2 (zb)
• Includes a device, brand, heading, label, ticket,
shape combination of colours.
• Trade and Merchandise Act 1958 replaced by Trade
Marks Act 1999
29. TRADEMARK (AMENDMENT) ACT - 2010
• Passed on 21 September 2010
• It brought Amendments in the act prescribed under the
Trademark Act, 1999
• Registration of Trademark should be done within 18 months
• Increased time period from 3 months to 4 months for filling
the notice of opposition
• Allows Transfer of Trademark
• Introduced Madrid protocol
30. MADRID PROTOCOL
• It enables to register trademark by a single application,
providing applicability in multiple countries
• Single application in one language.
• One fee structure in on currency for members
• 110 members, 117 countries
• Renewal after 10 years for next 10 years.
31. AMENDMENTS IN 2017
• Defined Start-up/Small enterprise
• Turnover less than INR 25
Crores
• Not completed 5 years
Start-up
• For Manufacturing –
Investment not exceeding
INR 10 crores
• For service less than 5 crores
Small
Enterprise
32. Amendments in 2017
1. Registration Fees Increased
2. Concessional Registration Fees
3. Expediting Trademark registration
4. Reduction in number of forms
5. E-services for communications
33. AMENDMENTS IN 2017
6. Well-known Trademarks
7. Applicant’s Affidavit for claiming “use”
8. Sound marks are made easier to register
9. Three-Dimensional marks are made registrable.
10. Reduction and limitation in the number of
adjournments
38. LEGAL ASPECTS OF TRADEMARK
Infringement: Infringement is a breach or
violation of another’s right.
Passing Off: Passing off is used to protect the
goodwill attached with the unregistered
trademark.
40. CLAUSE OF TRIPS
• Article 17:
Provide limited exceptions to the rights laid
down by a trademark
• Article 18:
Renewal should be done for 7 years or more.
• Article 20:
No special requirement for use of trade
marks
42. INDUSTRIAL DESIGN
• Introduction: Industrial design rights are the part of
the Intellectual Property Rights which aims at
safeguarding the visual designs such as the
appearance, style, design of the industrial objects
such as spare parts, textiles, furniture, etc.
• Designs Act 2000: India’s extraordinary progress in
the field of science and technology made it
necessary to amend The Design Law in India which
was previously governed by the Design Act, 1911
but was later amended in 2000. There are 48
Sections, 48 Rules and 4 Schedules
43. CLASSIFICATION OF DESIGNS IN CLASSES
•Designs are required to categorize in separate classes in
order to provide for systematic registration.
•For the purposes of registration, articles shall be
classified as specified in the Third Schedule.
•32 CLASSES (31 Main classes and 1 Misc. Class as 99)
based on LOCARNO SYSTEM. Classes are further divided
into Sub-Classes.
44. ELIGIBILTY FOR REGISTRATION
• Any person can apply separately or jointly for the
registration of a design, here the term "person"
includes firm, partnership and a body corporate
• Application may also be filed and prepared through
an agent (power of attorney)
• Controller is the decision-maker
45. FINDING OUT WHETHER ANY REGISTRATION
ALREADY EXISTS
• Patent Office officials can help if applicant wants to
inspect previously registered designs
• Following documents required to find out whether
any registration exists of a design
a. If the registration number is known, Form No. 6 along
with the prescribed fees.
b. If the representation of the article or the specimen of
the article is filed (in duplicate), Form No. 7 along
with the prescribed fees
47. THE TERM OF DESIGN
• Valid for period of 10 years from the date of registration
• Term is extendable further for 5 years by paying a
prescribed fee
ASSISTANCE FOR REGISTRATION OF DESIGN
• Design committee may be approached for previous
registration of design
• Application for registration of design either by the
applicant or agent
49. INFRINGEMENT AND PIRACY OF DESIGNS
• Design Infringement: Piracy involves the unauthorized
acquisition, reproduction, distribution, or performance
of a creative work.
• Penalties: The registered proprietor may bring a suit for
the recovery of the damages for any such infringement
against repetition of the same. Total sum recoverable
shall not exceed Rs 50,000/-
CASE LAW:
• Dabur India Ltd. vs. Amit Jain , on 31 May, 2007
• Ampro Food Products vs. Ashoka Biscuit Works 26
September, 1972
Case Study: The Honda case – Injunctive Relief in Industrial
Design in Malaysia
50. CLAUSES OF TRIPS
• Article 25.1 - Obliges members to provide for the
protection of independently created industrial designs.
• Article 25.2 - Taking into account the short life cycle and
sheer number of new designs in the textile sector.
• Article 26.1 - To grant the owner the right to prevent
third parties not having the owner's consent for copying
protected design.
• Article 26.2 - To provide limited exceptions to the
protection of industrial designs.