This document discusses opportunities for company secretaries related to intellectual property rights. It provides an overview of the objectives of the seminar, which are to understand opportunities for CS in IPR, the importance of IPR and patents, and procedures for protecting different types of intellectual properties. It then describes some specific opportunities for a CS working as a consultant or with a company, such as advising on IPR protection and preparing applications. The document also provides a basic introduction to intellectual property rights in India including the main types of IPRs and procedures for obtaining patents.
Asset means that IPRs is an intangible property, but it can be enjoyed in the same manner as that of any other immovable property.
Note – Give example of Dr. Sharma of Central Drug Research Institute – Lucknow, who has obtained several patents.
The Trade Secret (no Act exists in India)
Explanation – 1 - Every invention is NOT a patentable invention.
2 - An invention relating to a substantial improvements made even on the existing product or process is patentable, if fulfills the above criterion of an invention
Explanation – A request, in a prescribed form and with the prescribed fee, may be filed for an early publication of a patent application. Also, a request for express examination application in case of a national phase patent application, in continuation of a PCT application, is filed.
Explanation – Earlier the revocation application used to be filed at the High Court. Even now if a case of patent infringement is filed at the District court and if the opponent files a counter statement then the whole case is to be transferred to the high court.
Explanation – 1. The word Indication according to the GI of Goods Act means any name, geographical or figurative representation or any combination thereof conveying or suggesting the geographical origin of the goods to which it applies.
2. Goods may include agricultural, natural, or manufactured goods.
Explanation – Owner of a GI can not be an individual, but a group of people or an association of persons representing all the producers of that Geographical area, can be the owner of the GI. However, the registered GI can be used by all the producers of the goods/products with the permission of the owner of GI.
Explanation : 1. A GI can be used only by the registered user of the GI and any person of that area can becomes registered user of the GI if he is involved in the business and promises to maintain the quality of the goods for which the GI has been registered.
2. Part B of the GI register is to enter particulars of the registered user of a GI and Part A of the GI register is to enter particulars of the registered owner of the GIs.
Explanation – Similarly, a registered user of a GI has to renew his user registration every after 10 year’s interval.