The document summarizes the intern's activities during the fourth week of their internship. On various days, the intern researched topics related to intellectual property law like patents, trademarks, copyright, and geographical indications. They submitted case documents to the court reader, prepared their guide's diary, observed a court case, and read case files to identify strong points and receive advice from their guide. The intern gained exposure to different areas of law during their weeklong experience.
Intellectual Property: Introduction, Protection of Intellectual Property Copyright, Related Rights, Patents, Industrial Designs, Trademark, Unfair Competition
Information Technology Related Intellectual Property Rights Computer Software and Intellectual Property-Objective, Copyright Protection, Reproducing, Defences, Patent Protection. Database and Data Protection-Objective, Need for Protection, UK Data Protection Act, 1998, US Safe Harbor Principle, Enforcement. Protection of Semi-conductor Chips-Objectives Justification of protection, Criteria, Subject-matter of Protection, WIPO Treaty, TRIPs, SCPA. Domain Name Protection-Objectives, domain name and Intellectual Property, Registration of domain names, disputes under Intellectual Property Rights, Jurisdictional Issues, and International Perspective.
Patents (Ownership and Enforcement of Intellectual Property) Patents-Objectives, Rights, Assignments, Defences in case of Infringement Copyright-Objectives, Rights, Transfer of Copyright, work of employment Infringement, Defences for infringement Trademarks-Objectives, Rights, Protection of good will, Infringement, Passing off, Defences. Designs-Objectives, Rights, Assignments, Infringements, Defences of Design Infringement
Enforcement of Intellectual Property Rights - Civil Remedies, Criminal Remedies, Border Security measures. Practical Aspects of Licencing – Benefits, Determinative factors, important clauses, licensing clauses.
Cyber Law: Basic Concepts of Technology and Law : Understanding the Technology of Internet, Scope of Cyber Laws, Cyber Jurisprudence Law of Digital Contracts : The Essence of Digital Contracts, The System of Digital Signatures, The Role and Function of Certifying Authorities, The Science of Cryptography Intellectual Property Issues in Cyber Space: Domain Names and Related issues, Copyright in the Digital Media, Patents in the Cyber World. Rights of Netizens and E-Governance : Privacy and Freedom Issues in the Cyber World, E-Governance, Cyber Crimes and Cyber Laws
Information Technology Act 2000 : Information Technology Act-2000-1 (Sec 1 to 13), Information Technology Act-2000-2 (Sec 14 to 42 and Certifying authority Rules), Information Technology Act-2000-3 (Sec 43 to 45 and Sec 65 to 78), Information Technology Act-2000-4(Sec 46 to Sec 64 and CRAT Rules), Information Technology Act-2000-5 (Sec 79 to 90), Information Technology Act-2000-6 ( Sec 91-94) Amendments in 2008.
Intellectual property right abhishek shrama@! 108ABHISHEK SHARMA
this PPT comprises an introduction, definition, and various types of intellectual property rights & advantages of intellectual property rights surely will help learner to understand the subject effectively.
Intellectual Property: Introduction, Protection of Intellectual Property Copyright, Related Rights, Patents, Industrial Designs, Trademark, Unfair Competition
Information Technology Related Intellectual Property Rights Computer Software and Intellectual Property-Objective, Copyright Protection, Reproducing, Defences, Patent Protection. Database and Data Protection-Objective, Need for Protection, UK Data Protection Act, 1998, US Safe Harbor Principle, Enforcement. Protection of Semi-conductor Chips-Objectives Justification of protection, Criteria, Subject-matter of Protection, WIPO Treaty, TRIPs, SCPA. Domain Name Protection-Objectives, domain name and Intellectual Property, Registration of domain names, disputes under Intellectual Property Rights, Jurisdictional Issues, and International Perspective.
Patents (Ownership and Enforcement of Intellectual Property) Patents-Objectives, Rights, Assignments, Defences in case of Infringement Copyright-Objectives, Rights, Transfer of Copyright, work of employment Infringement, Defences for infringement Trademarks-Objectives, Rights, Protection of good will, Infringement, Passing off, Defences. Designs-Objectives, Rights, Assignments, Infringements, Defences of Design Infringement
Enforcement of Intellectual Property Rights - Civil Remedies, Criminal Remedies, Border Security measures. Practical Aspects of Licencing – Benefits, Determinative factors, important clauses, licensing clauses.
Cyber Law: Basic Concepts of Technology and Law : Understanding the Technology of Internet, Scope of Cyber Laws, Cyber Jurisprudence Law of Digital Contracts : The Essence of Digital Contracts, The System of Digital Signatures, The Role and Function of Certifying Authorities, The Science of Cryptography Intellectual Property Issues in Cyber Space: Domain Names and Related issues, Copyright in the Digital Media, Patents in the Cyber World. Rights of Netizens and E-Governance : Privacy and Freedom Issues in the Cyber World, E-Governance, Cyber Crimes and Cyber Laws
Information Technology Act 2000 : Information Technology Act-2000-1 (Sec 1 to 13), Information Technology Act-2000-2 (Sec 14 to 42 and Certifying authority Rules), Information Technology Act-2000-3 (Sec 43 to 45 and Sec 65 to 78), Information Technology Act-2000-4(Sec 46 to Sec 64 and CRAT Rules), Information Technology Act-2000-5 (Sec 79 to 90), Information Technology Act-2000-6 ( Sec 91-94) Amendments in 2008.
Intellectual property right abhishek shrama@! 108ABHISHEK SHARMA
this PPT comprises an introduction, definition, and various types of intellectual property rights & advantages of intellectual property rights surely will help learner to understand the subject effectively.
A slide on Intellectual Property Laws in India including Copyright, Patent, Trademark, Geographical Indication, Integrated Circuit Design, Industrial Design Trade secret and Protection of Plant Varieties.
It is a subject taught in Mandsaur University, it includes copyrights, patents, geographical indications, plant variety, trademarks and various conventions and agreement related to IPR
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.
A slide on Intellectual Property Laws in India including Copyright, Patent, Trademark, Geographical Indication, Integrated Circuit Design, Industrial Design Trade secret and Protection of Plant Varieties.
It is a subject taught in Mandsaur University, it includes copyrights, patents, geographical indications, plant variety, trademarks and various conventions and agreement related to IPR
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.
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 are customarily divided into two main areas:
(i) Copyright and rights related to copyright.back to top
The rights of authors of literary and artistic works (such as books and other writings, musical compositions, paintings, sculpture, computer programs and films) are protected by copyright, for a minimum period of 50 years after the death of the author.
Also protected through copyright and related (sometimes referred to as “neighbouring”) rights are the rights of performers (e.g. actors, singers and musicians), producers of phonograms (sound recordings) and broadcasting organizations. The main social purpose of protection of copyright and related rights is to encourage and reward creative work.
(ii) Industrial property.back to top
Industrial property can usefully be divided into two main areas:
One area can be characterized as the protection of distinctive signs, in particular trademarks (which distinguish the goods or services of one undertaking from those of other undertakings) and geographical indications (which identify a good as originating in a place where a given characteristic of the good is essentially attributable to its geographical origin).
The protection of such distinctive signs aims to stimulate and ensure fair competition and to protect consumers, by enabling them to make informed choices between various goods and services. The protection may last indefinitely, provided the sign in question continues to be distinctive.
Other types of industrial property are protected primarily to stimulate innovation, design and the creation of technology. In this category fall inventions (protected by patents), industrial designs and trade secrets.
The social purpose is to provide protection for the results of investment in the development of new technology, thus giving the incentive and means to finance research and development activities.
A functioning intellectual property regime should also facilitate the transfer of technology in the form of foreign direct investment, joint ventures and licensing.
The protection is usually given for a finite term (typically 20 years in the case of patents).
While the basic social objectives of intellectual property protection are as outlined above, it should also be noted that the exclusive rights given are generally subject to a number of limitations and exceptions, aimed at fine-tuning the balance that has to be found between the legitimate interests of right holders and of users.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
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You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Daftar Rumpun, Pohon, dan Cabang Ilmu (28 Mei 2024).pdf
Third week
1. Monday (11/06/18)
On the firstday of fourthweek of my internshipIwasgivenalegal researchonthe topicipr ,andI
thoroughlyresearched itaboutit.
Intellectual property(IP) referstothe creationsof the humanmindlike inventions,literaryand
artisticworks,andsymbols,names,imagesanddesignsusedincommerce.Intellectualpropertyis
dividedintotwocategories:Industrial property,whichincludesinventions(patents),trademarks,
industrial designs,andgeographicindicationsof source;andCopyright,whichincludesliteraryand
artisticworkssuch as novels,poemsandplays,films,musical works,artisticworkssuchas drawings,
paintings,photographsandsculptures,andarchitectural designs.Rightsrelatedtocopyrightinclude
those of performingartistsintheirperformances,producersof phonogramsintheirrecordings,and
those of broadcastersintheirradioand television programs.Intellectual propertyrightsprotectthe
interestsof creatorsbygivingthempropertyrightsovertheircreations.
The Conventionestablishingthe WorldIntellectualPropertyOrganization(1967) givesthe following
listof the subjectmatterprotectedbyintellectual propertyrights:
• literary,artisticandscientificworks;
• performancesof performingartists,phonograms,andbroadcasts;
• inventionsinall fieldsof humanendeavor;
• scientificdiscoveries;
• industrial designs;
• trademarks,service marks,andcommercial namesanddesignations;
• protectionagainstunfaircompetition;and
• “all otherrightsresultingfromintellectual activityinthe industrial,scientific,literaryorartistic
fields.”
Withthe establishmentof the worldtrade Organization(WTO),the importance androle of the
intellectual propertyprotectionhasbeencrystallizedinthe Trade-RelatedIntellectual Property
Systems(TRIPS) Agreement.Itwasnegotiatedatthe endof the Uruguay Roundof the General
AgreementonTariffsandTrade (GATT) treatyin 1994.
2. Patents Act, 1970
AfterIndiabecame asignatoryto the TRIPS agreementformingpartof the Agreementestablishing
the World Trade Organization(WTO) forthe purpose of reductionof distortionsandimpedimentsto
international trade andpromotionof effective andadequateprotectionof intellectual property
rights,the PatentsAct,1970 has beenamendedinthe year1995, 1999, 2002 and2005 to meetits
obligationsunderthe TRIPSagreement.The PatentsActhasbeenamendedkeepinginviewthe
developmentof technological capabilityinIndia,coupledwiththe needforintegratingthe
intellectual propertysystemwithinternational practicesandintellectual propertyregimes.The
amendmentswere alsoaimedatmakingthe Acta modern,harmonizedanduser-friendlylegislation
to adequatelyprotectnationalandpublicinterestswhile simultaneouslymeetingIndia’s
international obligationsunderthe TRIPSAgreement.
Subsequentlythe rulesunderthe PatentActhave alsobeenamendedandthese becameeffective
fromMay 2003. These ruleshave beenfurtheramendedbyPatents(Amendment) Rules2005 w.e.f
01.01.2005. Thus,the PatentAmendmentAct,2005 isnow fullyinforce and operative.
Trade Mark Act, 1999
The law of trademarksisalsonow modernizedunderthe TrademarksActof 1999. A trademarkisa
specialsymbol fordistinguishingthe goodsofferedforsale orotherwise putonthe marketbyone
trader fromthose of another.InIndiathe trademarkshave beenprotectedforoverfourdecadesas
perthe provisionsof the Trade andMerchandise Mark (TMM) Act of 1958. Indiabecame a party to
the WTO at itsveryinception.One of the agreementsinthatrelatedtothe Intellectual Property
Rights(TRIPS).InDecember,1998 Indiaaccededto the ParisConvention
Tuesday (12/06/18)
On the seconddayof fourth week of internship Ifurtherresearchedonthe variousactsin iprand
noteddown-
The DesignsAct, 2000
The DesignsAct of 1911 has beenreplacedbythe Designs Act,2000. Inview of considerable
progressmade inthe fieldof science andtechnology,aneedwasfelttoprovide more efficientlegal
systemforthe protectionof industrial designsinordertoensure effectiveprotectiontoregistered
designs,andtoencourage designactivitytopromote the designelementinanarticle of production.
In thisbackdrop,the DesignsAct,2000 hasbeenenactedessentiallytobalance these interestsand
to ensure thatthe lawdoesnot unnecessarilyextendprotectionbeyondwhatisnecessarytocreate
the requiredincentive fordesignactivitywhileremovingimpedimentstothe free use of available
designs.
The salientfeaturesof the DesignAct,2000 are as under:
(a) Enlargingthe scope of definitionof the terms"article","design"andintroductionof definitionof
"original".
(b) Amplifyingthe scope of "priorpublication".
(c) Introductionof provisionfordelegationof powersof the Controllertootherofficersand
stipulatingstatutorydutiesof examiners.
3. (d) Provisionof identificationof non-registrable designs.
(e) Provisionforsubstitutionof applicantbeforeregistrationof adesign.
(f) Substitution of Indianclassification by internationally followed system of classification.
(g) Provisionforinclusionof aregistertobe maintainedoncomputerasa Registerof Designs.
(h) Provisionforrestorationof lapseddesigns.
(i) Provisionsforappeal againstordersof the Controllerbeforethe HighCourtinsteadof Central
Government.
(j) Revokingof periodof secrecyof twoyearsof a registereddesign.
The Geographical Indicationsof Goods(Registrationand Protection) Act, 1999
Until recently,Geographical indicationswerenotregistrableinIndiaandinthe absence of statutory
protection,Indiangeographical indicationshadbeenmisusedbypersonsoutside Indiatoindicate
goodsnot originatingfromthe namedlocalityinIndia.Patentingturmeric,neemandbasmati are
the instanceswhichdrewalot of attentiontowardsthisaspectof the Intellectualproperty. Mention
shouldbe made that underthe AgreementonTrade RelatedAspectsof IntellectualPropertyRights
(TRIPS),there isnoobligationforothercountriestoextendreciprocal protectionunlessa
geographical indicationisprotectedinthe countryof itsorigin. Indiadidnothave sucha specificlaw
governinggeographical indicationsof goodswhichcouldadequatelyprotectthe interestof
producersof such goods.
The salientfeaturesof thislegislationare asunder:
(a) Provisionof definitionof several importanttermslike"geographical indication","goods",
"producers","packages","registeredproprietor","authorizeduser"etc.
(b) Provisionforthe maintenance of aRegisterof Geographical Indicationsintwoparts-PartA and
Part B and use of computersetc.formaintenance of suchRegister.WhilePartA will containall
registeredgeographical indications, PartB will containparticularsof registeredauthorizedusers.
(c) Registrationof geographical indicationsof goodsinspecifiedclasses.
(d) Prohibitionof registrationof certaingeographical indications.
(e) Provisionsforframingof rulesbyCentral Governmentforfilingof application,itscontentsand
mattersrelatingtosubstantive examinationof geographical indicationapplications.
(f) Compulsoryadvertisementof all acceptedgeographical indicationapplicationsandforinviting
objections.
(g) Registrationof authorizedusersof registered geographical indicationsandprovidingprovisions
for takinginfringementactioneitherbya registeredproprietororanauthorizeduser.
(h) Provisionsforhigherlevel of protectionfornotifiedgoods.
(i) Prohibitionof assignmentetc.of a geographical indicationasitispublicproperty.
(j) Prohibitionof registrationof geographical indicationasa trademark.
Copyright Act, 1957
CopyrightinIndiaisgovernedbyCopyrightAct,1957. ThisAct has beenamendedseveraltimesto
keeppace withthe changingtimes. AsperthisAct, copyrightgrantsauthor's lifetime coverageplus
60 yearsafterdeath. Copyrightand relatedrightsoncultural goods,productsandservices,arise
fromindividual orcollective creativity.All original intellectualcreationsexpressedinareproducible
formwill be connectedas"workseligible forcopyrightprotections".Copyrightlawsdistinguish
4. betweendifferentclassesof workssuchas literary,artistic,musicalworksandsoundrecordingsand
cinematographfilms.The workisprotectedirrespectiveof the qualitythereof andalsowhenitmay
have verylittle incommonwithacceptedformsof literature orart.
The Protectionof Plant Varietiesand Farmers’Rights Act, 2001
The concept of PlantBreeders’Rightsarisesfromthe needtoprovide incentivestoplantbreeders
engagedinthe creative workof researchwhichsustainsagricultural progressthroughreturnson
investmentsmade inresearchandtopersuade the researchertoshare the benefitsof hiscreativity
withsociety.The issue of enactingalawrelatingtoPlantVarietiesProtectionandFarmers’Rightsin
Indiaassumedimportance particularlyinthe wake of TRIPSagreementunderWTOwhichseeksto
promote effective protectionof Intellectual PropertyRightsinall fieldsof technology.Article 27of
TRIPSAgreementdefinespatentable subjectmatterandrequiresmembercountriestoprovide for
the protectionof plantvarietieswhetherbypatentingorbyan effective sui generissystemorbyany
combinationthereof.
Wednesday (13/06/18)
On the third day of fourth week I went to various courts , I submitted the case
related documents to the reader of a particular courtgiven by my internship
guide . I have also prepared the Sir’s personaldiary . I have also read the code
of civil proceduresection 151 and negotiable instrument section 142. I was
sent by the sir in the court to see the caseTarachand vs Sita devi . I also went
to the reader to to take the next date .
Thursday (14/06/18)
on the fourth day of the fourth week of my internship I read the case that was
for succession of hindu undivided family property was illegal .The plaintiff who
was the wife of the deceased for getting share in husband’s property . Thecase
was filled againstdaughter of the deceased . The lawyer of the plaintiff
presented the facts of the succession and the HonourableJudge gave the next
date of hearing .
Friday (15/06/18)
On the last day I was told by my internship guide to submitthe caserelated
documents to the reader for the summon of witnesses and court fees after
that I went to the Sir’s office and read various casefiles related to the divorce ,
marriage, property disputes and tried to identified the strong points of the
5. cases and took advice by my internship guide on those noted points of the
cases.