2. Property Right
INTELLECT – PROPERTY – RIGHT
Idea Expression Copyright
Idea Innovation Invention Patent
Idea Quality + Identity trademark
Idea appearance design
Idea keep confidential Trade
Secrets
no disclosure
3. IPR’s
PATENT
GEOGRAPHICAL
INDICATION
COPYRIGHT
TRADE
SECRET
TRADE
SECRET
TRADE MARK
LAY OUT
DESIGN OF IC’s
PVP & FR
INDUSTRIAL
DESIGN
TYPES OF INTELLECTUAL PROPERTY RIGHTS
Patent Act 1970
amended in 2005
(20 years)
Trademark Act 1999
(10 years + renewals)
India has no specific law
Design Act 2000
(10 years+ renewal permitted
once for 5 years)
PVP & FR Act
2005
Tress and vines
09 -18 years
other crops
06 -15 years
GI(Registration & Protection)Act 1999
(10 years+ renewal)
IC layouts
Design Act
2000
Copy right Act
1957 amended
in 2012
(Lifetime of
author +60
years)
4. What is a Trademark ??
Any word, name, symbol, or device, or any combination
thereof used by a person to identify and distinguish its
goods from those manufactured or sold by others
5. TRADE MARK
TRADE MARK ARE VALUABLE BUSINESS ASSETS, THESE ARE
IDENTIFIERS.
TRADE MARK HAS CERTAIN QUALITY ASSOCIATED WITH
IT.
TRADE MARK HELPS IN CREATING STRONG IMAGE.
TRADE MARK MAY BE ONE OR A COMBINATION OF
WORDS, LETTERS, NUMERALS, DRAWINGS, SYMBOLS,
THREE DIMENSIONAL IMAGE AND COMBINATION OF
COLORS.
6.
7. Selecting a Trademark
Distinctive, not descriptive
Name in stylized
Signature
Fanciful - Invented word
Arbitrary word
Not be laudatory
Easy to recognize
Easy to remember
Easy to pronounce
Easy to spell
Avoid linguistic traps
8. Term of Registered Trade Mark
The initial registration of a trademark shall be for a period of
ten years.
It may be renewed from time to time for another ten years by
payment of the renewal fees.
The term of Trademark is till perpetuity if used and renewed.
9. Remedies for Protection of Trademarks
Civil Action – suit for infringement /or passing off Interlocutory
orders
INFRINGEMENT- establish title and exclusive right to use
PASSING OFF – establish goodwill, prior use
Criminal Proceedings
Complaint against the person causing infringement
Administrative remedies
Notice of opposition
Rectification
10. Proper use of Trademarks
ALWAYS distinguish trademarks from surrounding text
ALWAYS use proper trademark style and spelling.
NEVER modify a trademark to the plural form.
NEVER use a trademark as a verb.
11. DIFFERENT TYPES OF TRADE MARKS
• WORD TRADE MARK-
APPLE FOR COMPUTERS, etc
• FANCIFUL DESIGNATIONS-
COCA-COLA, NIKON, NIKE, etc
• NAMES-
FORD, HYAT (HOTEL), etc
• SLOGANS-
" HUM HAI NA".... ICICI BANKS SLOGANS
“An idea can change your life”- IDEA, etc
• DEVICES-
ROLLS ROYCE- FLYING LADY
THE STAR- MERCEDES, etc
• LETTERS-
GM, FIAT, etc
• PICTURES OR SYMBOLS-
LACOSTE, etc
•
(clothing, footwear, perfume, leather goods, watches, eyewear, and most
famously tennis shirts)
13. TRADE MARK REGISTRATION PROCEDURE
FILING OF APPLICATION WITH
OR WITHOUT PRIORITY
EXAMINATION REPORT
1 MONTH
FILING OF REPLY
ACCEPTED HEARING
6 MONTH
PUBLICATION IN JOURNAL
4 MONTH
WAIT FOR OPPOSITION
REFUSED/
ABANDONED
REPLY OF NOTICE/
HEARING
2 MONTH
OPPOSITION
DISALLOWED
REGISTRATION OF TRADEMARK
14. COPYRIGHT
Protects original work from
unauthorized uses.
Unlike the case with Patents,
Copyright protects the expressions
and not the ideas.
15. CONDITIONS OF PROTECTION
• COPYRIGHT PROTECTION IS CONFERRED ON ALL ORIGINAL WORKS
• ORIGINAL MEANS-
THE WORK HAS NOT BEEN COPIED FROM ANY OTHER SOURCE.
COPYRIGHT PROTECTION COMMENCES THE MOMENT A WORK IS
CREATED, AND ITS REGISTRATION IS OPTIONAL. HOWEVER IT IS
ALWAYS ADVISABLE TO OBTAIN A REGISTRATION FOR A BETTER
PROTECTION. COPYRIGHT REGISTRATION DOES NOT CONFER ANY
RIGHTS AND IS MERELY A PRIMA FACIE PROOF OF AN ENTRY IN
RESPECT OF THE WORK IN THE COPYRIGHT REGISTER MAINTAINED BY
THE REGISTRAR OF COPYRIGHTS.
16. COPYRIGHT ANDITS PROTECTION
• INDIA, BEING A MEMBER OF TWO OF THE MAJOR COPYRIGHT
CONVENTIONS OF THE WORLD (THE BERNE CONVENTION AND THE
UNIVERSAL COPYRIGHT CONVENTION), INDIAN WORKS AND WORKS OF
INDIAN AUTHORS ARE ACCORDED COPYRIGHT PROTECTION IN ALL MAJOR
COUNTRIES OF THE WORLD.
• LIKEWISE, FOREIGN WORKS AND WORKS OF FOREIGN AUTHORS ARE
ACCORDED THE SAME PROTECTION AS INDIAN WORKS. IN ADDITION TO
THE LAW BRINGING INDIA NEWLY INTO COMPLIANCE WITH ITS
SUBSTANTIVE TRIPS OBLIGATIONS IN THE COPYRIGHT AREA, THE LAW
PROVIDES FOR NEW MINIMUM CRIMINAL PENALTIES.
17. CATEGORIES OF COPYRIGHTED WORKS
Literary
Artistic
Musical
Dramatic
Cinematograph
Films
Sound Recordings
Broadcaster’s Rights
Performer’s Rights
18. COPYRIGHT REGISTRATION PROCEDURE
FILING OF APPLICATION
ISSUE OF DIARY NUMBER
30 DAYS FOR FILING OBJECTION
NO
OBJECTION
SECURITIZATION
BY
EXAMINER
REGISTRATION PROCESS- I
OBJECTIONS
FILED
HEARING BEFORE
REGISTRAR
FOR BOTH
PARTIES
OBJECTIONS REJECTED
/
APPLICATION
ACCEPTED
OBJECTIONS ACCEPTED
/
APPLICATION
REJECTED
19. COPYRIGHT REGISTRATION PROCEDURE
REPLY FROM APPLICANT
APPLICATION
REJECTED
SENDING EXTRACTS FROM
REGISTER OF COPYRIGHTS
TO APPLICANT
SECURITIZATION
BY
EXAMINER
APPROVAL FOR
REGISTRATION
NO DISCREPANCY
HEARING
BY
REGISTRAR
DISCREPANCY
LETTER IS
ISSUED TO
APPLICANT
REGISTRATION PROCESS- II
20. INDUSTRIAL DESIGN
• ENHANCES THE PRODUCT APPEAL
• CUSTOMIZE PRODUCTS IN ORDER TO
TARGET DIFFERENT CUSTOMERS
• HELP IN DEVELOPING THE BRAND.
21. TYPES OF DESIGN NOT REGISTERABLE
A DESIGN WHICH:
1. IS NOT NEW OR ORIGINAL
2. HAS BEEN DISCLOSED TO THE PUBLIC ANY
WHERE IN INDIA OR IN ANY OTHER COUNTRY
BY PUBLICATION IN TANGIBLE FORM OR BY
USE IN ANY OTHER WAY PRIOR TO THE
FILING DATE.
3. IS NOT SIGNIFICANTLY DISTINGUISHABLE
FROM KNOWN DESIGNS
4. COMPRISE OR CONTAINS SCANDALOUS OR
OBSCENE MATTER SHALL NOT BE
REGISTERABLE.
22. ??? WHAT DESIGN ACT PROTECTS ???
DESIGN ACT PROTECTS ONLY DESIGNS THAT IS CREATIVE
IN NATURE.
THEY MAY BE DECORATIVE ELEMENTS ADDED TO THE
ARTICLE.
THEY MAY BE PART OF VERY SHAPE OR CONFIGURATION.
NOVELTY AND ORIGINALITY ARE IMPORTANT CRITERIA IN
A DESIGN FOR REGISTRATION.
IN ADDITION, ONLY THOSE DESIGNS THAT ARE APPLIED
TO AN ARTICLE BY AN INDUSTRIAL PROCESS WILL BE
PROTECTED.
23. REGISTERED DESIGNS
Salt And Pepper Shaker set
Ma Design India Pvt. Ltd
Wash Basin
Akanksha Innovations
Bottle
Emami Limited
Chair
Pali Hills Tourist Hotel Pvt. Ltd
Container
Paris Perfumes & Cosmetics Pvt. Ltd.
Mat
William Goodacre & Sons India Pvt. Ltd.,
Table Lamp
GPL Exports Ltd.,
Biscuit
Shakti Bhog Foods Limited
Cheese Knife
Ma Design India Pvt. Ltd.
Textile Fabric
Turel Garments
Carpet
Jaipur Rugs Co Pvt. Ltd.,
Foot Wear, X O India
Sprouts
Vibhuor Sogani
24. DESIGN REGISTRATION PROCEDURE
FILING OF APPLICATION
EXAMINATION REPORT
RESPONSE (WITHIN 1 MONTH)
RESPONSE
ACCEPTED
NO
YES
ACCEPTANCE
(6 MONTHS FROM DATE OF APPLICATION)
CERTIFICATE OF
REGISTRATION/ GRANT
RENEWAL
CANCELLATION/ OPPOSITION
PROCEEDINGS
6 MONTHS
6 MONTHS
27. REGISTERED GI APPLICATIONS OF UTTAR PRADESH
Allahabad Surkh- GOODS- Agriculture Banaras Brocades and Saree- GOODS- Handicraft
Hand made Carpet of Bhadohi Lucknow Chikan Craft
Mango
Malihabadi
Dusseheri
28. Challenges Ahead
• Enhancing Awareness and understanding
about IPR
• Creating IP / Encouraging creativity
• Tapping / hand holding / scouting grass
root innovators
• Broadening talent base.
• Incentivizing Innovation.
29. Thinking provides knowledge,
Knowledge makes you great.
Dr. APJ Abdul Kalam
Honorable President of India
from annual address at Saurashtra University, Rajkot, Gujarat