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INTELLECTUAL
PROPERTY LAW
INTELLECTUAL PROPERTY
► THE TERM INTELLECTUAL PROPERTY
 COVERS PATENTS, INDUSTRIAL DESIGNS,
 COPY RIGHTS TRADE MARKS, KNOW-HOW
 AND CONFIDENTIAL INFORMATION.
PATENT
►A  PATENT IS A MONOPOLY RIGHT
 GRANTED TO A PERSON WHO HAS
 INVENTED A NEW AND USEFUL ARTICLE
 OR AN IMPROVEMENT OF AN EXISTING
 RIGHT TO NEW PROCESS OF MAKING AN
 ARTICLE.
PATENT
► PATENT ACT 1970
► ESSENTIAL INGREDIENTS OF PATENT:-
     NOVELTY.
     INVENTIVE STEP.
     LACK OF OBVIOUSNESS.
     SUFFICIENCY OF DESCRIPTION.
PATENT
► OBJECT   OF PATENT LAW:-
   IT ENCOURAGES RESEARCH AND INVENTION.
   IT INDUCES AN INVENTOR TO DISCLOSE HIS
    DISCOVERIES INSTEAD OF KEEPING THEM AS TRADE
    SECRET.
   IT OFFERS A REWARD FOR THE EXPENSE OF
    DEVELOPING INVENTION TO THE STAGE AT WHICH
    THEY ARE COMMERCIALLY PRACTICABLE.
   IT PROVIDES AN INDUCEMENT TO INVEST CAPITAL IN
    NEW LINE OF PRODUCTION WHICH MIGHT NOT
    APPEAR PROFITABLE IF MANY COMPETING PRODUCES
    EMBARKED ON THEM SIMULTANEOUSLY.
PATENT
► IN  INDIA THE TERM OF PATENT IS 14 YEARS
  EXCEPT FOR FOOD AND DRUG, AND FOR THEM
  IT IS FIVE YEARS FROM THE DATE OF SEALING
  OR SEVEN YEARS FROM THE DATE OF PATENT
  WHICHEVER IS SHORTER.
► THE PATENTEE MAY ASSIGN HIS RIGHTS OR
  GRANT LICENCES TO USE THE INVENTION.
► COMPULSORY LICENCE.
PATENT
► PATENTABLE     INVENTION
   AN INVENTION IS DEFINED AS FOLLOWS:-
    ►INVENTION   MEANS ANY NEW AND USEFUL
       ART, PROCESS, METHODS OR MANNER OF MANUFACTURE.
       MACHINE, APPARATUS OR OTHER ARTICLE.
       SUBSTANCE PRODUCED BY MANUFACTURE AND INCLUDES
        ANY NEW AND USEFUL IMPROVEMENT OF ANY OF THEM
        AND AN ALLEGED INVENTION.
PATENT
►   INVENTIONS NOT PATENTABLE
     AN INVENTION WHICH IS FRIVOLOUS OR WHICH CLAIMS ANYTHING OBVIOUS OR
      CONTRARY TO WELL-ESTABLISHED NATURAL LAWS.
     AN INVENTION THE PRIMARY OR INTENDED US OF WHICH WOULD BE CONTRARY
      TO LAW OF MORALITY OR INJURIOUS TO PUBLIC HEALTH.
     THE MERE DISCOVERY OF A SCIENTIFIC PRINCIPLE OT THE FORMULATION OF AN
      ABSTRACT THEORY.
     THE MERE DISCOVERY OF ANY NEW PROPERTY OR NEW USE FOR A KNOWN
      SUBSTANCE OR OF THE MERE USE OF KNOWN PROCESS, MACHINE OR
      APPARATUS.
     A SUBSTANCE OBTAINED BY A MERE ADMIXTURE RESULTING ONLY IN THE
      AGGREGATION OF THE PROPERTIES OF THE COMPONENTS THEREOF OR A
      PROCESS FOR PRODUCING SUCH SUBSTANCE.
     THE MERE ARRANGEMENT OR REARRANGEMENT OR DUPLICATION OF KNOWN
      DEVICES EACH FUNCTIONING INDEPENDENTLY OR ONE ANOTHER IN A KNOWN
      WAY.
     A METHOD OF AGRICULTURE OR HORTICULTURE.
     A METHOD OF FOR THE MEDICAL, SURGICAL, CURATIVE, PROPHYLACTIC, OR
      OTHER TREATMENTS.
     AN INVENTION RELATING TO ATOMIC ENERGY.
     IN RESPECT OF FOOD, MEDICINES OR DRUGS, PATENT ARE GRANTED ONLY FOR
      THE PROCESS OF MANUFACTURE OF THE SUBSTANCE BUT NOT FOR THE
      SUBSTANCE ITSELF.
     IN RESPECT OF SUBSTANCE PRODUCED BY CHEMICAL PROCESS PATENTS AE
      GRANTED ONLY FOR THE PROCESS OF MANUFACTURE BUT NOT FOR THE
      SUBSTANCE ITSELF.
PROCEDURE FOR OBTAINING PATENT
► AN APPLICATION BY THE INVENTOR.
► TO THE PATENT OFFICE.
► APPLICATION SHOULD ACCOMPANY PROVISIONAL OR
  COMPLETE SPECIFICATION.
► WHERE THE APPLICATION IS ACCOMPANIED BY A
  PROVISIONAL     SPECIFICATION,    A     COMPLETE
  SPECIFICATION SHOULD BE FILED WITHIN 12 MONTHS
  FROM THE DATE OF FILING.
► THE COMPLETE SPECIFICATION SHOULD FULLY AND
  PARTICULARLY DESCRIBE THE INVENTION AND THE
  METHOD BY WHICH IT IS TO BE CARRIED OUT.
► IT  SHOULD DISCLOSE THE BEST METHOD OF
  PERFORMING THE INVENTION KNOWN TO THE
  APPLICANT AND END WITH THE CLAIM OR CLAIMS
  DEFINING THE SCOPE OF THE INVENTION FOR WHICH
  PROTECTIONS IS CLAIMED.
► THE CLAIM SHOULD RELATE TO THE SINGLE INVENTION.
PROCEDURE FOR OBTAINING PATENT
► THE SPECIFICATION SHOULD BE ACCOMPANIED BY THE
  DRAWINGS WHERE APPROPRIATE AND NECESSARY.
► EXAMINATION OF THE APPLICATION BY THE EXAMINERS
  OF PATENT.
► LAWFUL OBJECTION.
► COMMUNICATION      TO   THE    APPLICANT  ABOUT
  OBJECTIONS IF ANY.
► HEARING BEFORE CONTROLLER OF PATENTS.
► ADVERTISE IN THE OFFICIAL GAZETTE.
► NOTICE OF OPPOSITION WITHIN THREE MONTHS.
► FORWARDING OF COPY BY THE CONTROLLER OF
  PATENTS.
► FILING OF EVIDENCE.
► GRANTING OF PATENT


PATENT ADDITION
TRANSFER OF PATENT RIGHT
►A  PATENT RECOGNIZED AS A SPECIES OF
  PROPERTY AND CAN BE TRANSFERRED
  FROM THE ORIGINAL PATENTEE TO ANY
  OTHER PERSON BU ASSIGNMENT OR BY
  OPERATION OF LAW.
► ASSIGNMENTS.
   LEGAL ASSIGNMENT
   EQUITABLE ASSIGNMENT
   MORTGAGES
► LICENCES
REVOCATION OF PATENT
► GROUND   OF REVOCATION:-
  PATENTEE IS NOT ENTITLED TO THE PATENT
  PATENT WRONGFULLY OBTAINED AS AGAINST
   PERSON ENTITLED.
  PATENT OBTAINED BY FALSE SUGGESTION OR
   REPRESENTATION.
  FAILURE   TO    DISCLOSE    INFORMATION
   REGARDING FOREIGN APPLICATIONS.
  NON-COMPLIANCE WITH DIRECTIONS FOR
   SECRECY.
  AMENDMENT OF SPECIFICATION OBTAINED BY
   FRAUD.
INFRINGEMENT OF PATENT
► INFRINGEMENT   OF PATENT IS THE
  VIOLATION OF THE MONOPOLY RIGHTS
  CONFERRED BY THE GRANT.
► THE RIGHTS CONFERRED BY THE PATENT
  IS THE EXCLUSIVE RIGHT TO MAKE, USE,
  EXERCISE, SELL OR DISTRIBUTE THE
  INVENTION IN INDIA. HENCE THE
  INFRINGEMENT    CONSISTS    IN   THE
  VIOLATION OF ANY OF THERESE RIGHTS.
INFRINGEMENT OF PATENT
► ACTION     FOR INFRINGEMENT:-
     JURISDICTION.
     TERRITORIAL JURISDICTION.
     THE PROCEDURE.
     LIMITATION.
     EVIDENCE.
     RELIEFS:-
      ►ANINJUNCTION
      ►DAMAGES OR AN ACCOUNT OF PROFITS.
      ►COST
OFFENCES AND PENALTIES
UNDER THE PATENTS ACT THE FOLLOWING ACTS OR
  OMISSIONS ARE OFFENCES PUNISHABLE WITH
  IMPRISONMENT OF A MAXIMUM PERIOD OF TWO
  YEARS OR FINE OR WITH BOTH:-
 CONTRAVENTION OF SECRECY DIRECTIONS GIVEN BY
  CONTROLLER PROHIBITING THE PUBLICATION OR
  COMMUNICATION OF INFORMATION TO INVENTIONS
  RELEVANT FOR DEFENCE PURPOSE.
 MAKING OF AN APPLICATION FOR A PATENT IN A
  FOREIGN COUNTRY BY A RESIDENT INDIAN IN
  RESPECT OF AN INVENTION SUBJECT TO SECRECY
  DIRECTIONS WITHOUT THE PERMISSION OF THE
  CONTROLLER.
 MAKING OF AN APPLICATION FOR A PATENT IN A
  FOREIGN COUNTRY BY ANY RESIDENT INDIAN BEFORE
  MAKING A SIMILAR APPLICATION IN INDIA.
 FAILURE TO SUPPLY INFORMATION TO THE
  CONTROLLER REGARDING THE USE OF PATENTED
  INVENTION IN INDIA (FINE ONLY).
DESIGNS
► THE OBJECT OF DESIGN REGISTRATION IS
  TO SEE THAT THE ORIGINATOR OF A
  PROFITABLE DESIGN IS NOT DEPRIVED OF
  HIS REWARD BY OTHERS APPLYING IT TO
  THEIR GOODS WITHOUT PERMISSION.
► COPYRIGHT IN AN INDUSTRIAL DESIGN
  OR PRODUCT DESIGN IS GOVERNED BY
  THE DESIGNS ACT 1911.
► THIS RIGHT IS MONOPOLY RIGHT MORE
  AKIN TO THE RIGHT GIVEN UNDER THE
  PATENT ACTS.
DESIGNS
► DESIGN  MEANS ONLY THE FEATURES OF SHAPE
  CONFIGURATION, PATTERN OR ORNAMENT
  APPLIED TO ANY ARTICLE BY ANY INDUSTRIAL
  PROCESS OR MEANS, WHICH IN THE FINISHED
  ARTICLE APPEAL TO AN ARE JUDGED SOLELY BY
  TE EYE AND WHICH IS NOT A MERE MECHANICAL
  DEVICE.
► DESIGN MEANS CONCEPTION, SUGGESTION OR
  IDEA OF A SHAPE OF A PICTURE OR OF A DEVICE
  OR OF SOME ARRANGEMENT WHICH CAN BE
  APPLIED TO AN ARTICLE BY SOME MANUAL,
  MECHANICAL OR CHEMICAL MEANS.
DESIGNS
► THERE  MUST BE A SPECIAL PECULIAR,
  DISTINCTIVE, SIGNIFICANT OR STRIKING
  APPEARANCE.
► THE DESIGN MUST BE ONE WHICH
  APPEALS TO THE EYE OF SOME
  CUSTOMER.
► REGISTRATION OF DESIGNS IS DONE BY
  THE PATENT OFFICE AT KOLKATTA.
► AN     APPLICATION     WITH    BRIEF
  ENDORSEMENT OF NOVELTY OF THE
  DESIGNS.
DESIGNS


► INFRINGEMENT
     CIVIL REMEDIES
      ►INJUNCTION
      ►DAMAGES   OR COMPENSATION
►   JURISDICTION
TRADE MARKS
►   A TRADE MARK IS A VISUAL SYMBOL IN THE FORM OF
    WORD, A DEVICE, OR A LABEL APPLIED TO ARTICLES OF
    COMMERCE WITH A VIEW TO INDICATE TO THE
    PURCHASING PUBLIC THAT THEY ARE THE GOODS
    MANUFACTURED OR OTHER WISE DEALT IN BY
    PARTICULAR PERSON AS DISTINGUISHED FROM SIMILAR
    GOODS MANUFACTURE OR DEALT IN BY OTHER PERSON.
►   OBJECT OF TRADE MARK LAW IS TO DEAL WITH THE
    PRECISE NATURE OF THE RIGHTS WHICH IS A PERSON
    CAN ACQUIRE IN RESPECT OF TRADE MARKS, THE MODE
    OF ACQUISITION OF SUCH RIGHTS, THE METHOD OF
    TRANSFER OF THOSE RIGHTS RO OTHERS, THE PRECISE
    NATURE OF INFRINGEMENT OF SUCH RIGHTS AND THE
    REMEDIES AVAILABLE IN RESPECT THEREOF.
►   TRADE & MERCHANDISE MARKS ACT 1958
TRADE MARKS
►   A PART FROM DISTINCTIVENESS A GOOD TRADE MARK
    SHOULD POSSESS THE FOLLOWING ATTRIBUTES:-
     IT SHOULD BE EASY TO PRONOUNCE AND REMEMBER IF THE
      MARK IS WORD.
     IN THE CASE OF DEVICE MARK TE DEVICE SHOULD BE CAPABLE
      IF BEING DESCRIBED BY A SINGLE WORD.
     IT MUST BE EASY TO SPELL CORRECTLY AND WRITE LEGIBLY.
     IT SHOULD NOT BE DESCRIPTIVE BUT MAY BE SUGGESTIVE OF
      THE QUALITY OF THE GOODS.
     IT SHOULD BE SHORT.
     IT SHOULD APPEAL TO THE EYE AS WELL AS TO THE EAR.
     IT SHOULD SATISFY THE REQUIREMENT OF REGISTRATION.
     IT SHOULD NOT BELONG TO THE CLASS OF MARKS PROHIBITED
      FOR REGISTRATION.
TRADE MARKS
►   AN OFFICE CALLED THE TRADE MARKS REGISTRY HS
    BEEN   ESTABLISHED    FOR   THE   PURPOSE   OF
    REGISTRATION OF TRADEMARKS, MAINTENANCE OF THE
    REGISTER AND MATTERS INCIDENTAL THERETO.
►   APART FROM THE REGISTER OF TRADE MARKS THE
    REGISTRY MAINTAINS INDEXES OF:-
       REGISTERED TRADE MARKS.
       APPLICATIONS FOR REGISTRATION.
       THE NAMES OF PROPRIETORS OF TRADE MARKS.
       THE NAMES OF REGISTERED USER.
►   DURATION AND RENEWAL OF REGISTRATION
     IF THE APPLICATION FOR REGISTRATION AFTER ITS
      ADVERTISEMENT IS UNOPPOSED OR IF OPPOSED DECIDED IN
      FAVOUR OF REGISTRATION THE MARK WILL BE REGISTERED AS
      OF THE DATE OF THE APPLICATION FOR REGISTRATION.
     THE FIRST REGISTRATION IS FOR A PERIOD OF 07 YEARS.
     CAN BE RENEWED TIME TO TIME BY PAYING THE RENEWAL FEE.
TRADE MARKS
►   MARKS NOT REGISTRABLE:-
     A MARK THE USE OF WHICH WOULD BE LIKELY TO DECEIVE OR
      CAUSE CONFUSION.
     A MARK THE USE OF WHICH WOULD BE CONTRARY TO ANY LAW
      FOR THE TIME BEING IN FORCE.
     A MARK COMPRISING OR CONTAINING SCANDALOUS OR
      OBSCENE MATTER.
     A MARK COMPRISING OR CONTAINING ANY MATTER LIKELY TO
      HURT THE RELIGIOUS SUSCEPTIBILITIES OF ANY CLASS OR
      SECTION OF THE CITIZEN OF INDIA
     A MARK WHICH WOULD BE DISENTITLED TO PROTECTION IN A
      COURT OF LAW.
     A MARK WHICH IS IDENTICAL WITH OR DECEPTIVELY SIMILAR
      TO A TRADE MARK ALREADY REGISTERED IN RESPECT OF THE
      SAME FOODS RO GOODS OF THE SAME DESCRIPTION.
     A WORD WHICH IN THE ACCEPTED NAME OF ANY SINGLE
      CHEMICAL NAME OR CHEMICAL COMPOUND IN RESPECT OF
      CHEMICAL SUBSTANCES.
     MARKS PROHIBITED UNDER THE EMBLEMS AND NAMES ACT
TRADE MARKS
► INFRINGEMENT:-
     JURISDICTION
     PROCEDURE.
     INJUNCTION.
     DAMAGES.
     ACCOUNT OF PROFITS
     ORDER OF DELIVERY UP OF THE INFRINGING LABELS
      AND MARKS FOR DESTRUCTION OR ERASURE.
COPYRIGHT
► COPYRIGHT MEANS THE EXCLUSIVE RIGHT TO
 DO OR AUTHORISE OTHERS TO DO CERTAIN
 ACTS IN RELATION TO:-
   LITERARY, DRAMATIC,   MUSICAL   AND   ARTISTIC
    WORKS.
   CINEMATOGRAPH FILM
   SOUND RECORDINGS.
► COPYRIGHT  IS THE RIGHT TO          COPY OR
  REPRODUCE THE WORK IN WHICH        COPYRIGHT
  SUBSIST.
► COPYRIGHT DOES NOT EXTEND TO       ANY RIGHT
  BEYOND THE SCOPE OF SECTION        14 OF THE
  COPYRIGHT ACT OF 1957.
COPYRIGHT
► THE  OBJECT OF COPY RIGHT LAW IS TO
  ENCOURAGE AUHTORS, COMPOSERS, ARTISTS
  AND DESIGNER TO CREATE ORIGINAL WORKS BY
  REWARDING THEM WITH THE EXCLUSIVE RIGHT
  FOR A LIMITED PERIOD TO EXPLOIT THE WORK
  FOR MONETARY GAIN.
► THE AUTHOR MUST HAVE BESTOWED UPON THE
  WORK SUFFICIENT JUDGMENT, SKILL AND
  LABOUR OR CAPITAL. IT IS IMMATERIAL
  WHETHER THE WORK IS WISE OR FOOLISH,
  ACCURATE OR INACCURATE OR WHETHER IT
  HAS OR HAS NOT ANY LITERARY OR ARTISTIC
  MERIT. [WALTER v. LANE 1900 AC 539]
QUALIFICATION FOR COPYRIGHT SUBSISTENCE

► THE WORK IS FIRST PUBLISHED IN INDIA.
► WHERE THE WORK IS FIRST PUBLISHED OUTSIDE INDIA
  THE AUTHOR, AT TE DATE OF PUBLICATION MUST BE A
  CITIZEN OF INDIA.
► IF THE PUBLICATION IS MADE AFTER AUTHORS DEATH
  THE AUTHOR MUST HAVE BEN AT THE TIME OF HIS
  DEATH A CITIZEN OF INDIA.
► IN CASE OF UNPUBLISHED WORK THE AUTHOR IS ON
  THE DATE OF MAKING OS THE WORK A CITIZEN OF
  INDIA OR DOMICILED IN INDIA. THIS DOES NOT APPLY
  TO WORKS OFARCHITECTURE.
THESE CONDITIONS DO NOT APPLY TO FOREIGN WORKS
  OR WORKS OF INTERNATIONAL ORGANISATION.
► IN THE CASE OF AN ARCHITECTURAL WORK OF ART. THE
  WORK IS LOCATED IN INDIA.
RIGHT OF THE OWNER OF THE WORKS
►   INCASE OF A LITERARY, DRAMATIC OR MUSICAL WORK, NOT BEING
    A COMPUTER PROGRAMME:-
     TO REPRODUCE THE WORK IN ANY MATERIAL FORM INCLUDING THE
      STORING OF IT IN ANY MEDIUM BY ELECTRONIC MEANS.
     TO ISSUE COPIES OF THE WORK TO THE PUBLIC AND NOT BEING
      COPIES ALREADY IN CIRCULATION.
     TO PERFORM THE WORK IN PUBLIC, OR COMMUNICATE IT TO THE
      PUBLIC.
     TO MAKE ANY CINEMATOGRAPH FILM OR SOUND RECORDING IN
      RESPECT OF THE WORK.
     TO MAKE ANY TRANSLATION OF THE WORK.
     TO MAKE ANY ADAPTATION OF THE WORK.
     TO DO IN RELATION TO A TRANSLATION OR AN ADAPTATION OF THE
      WORK, ANY OF THE ACTS SPECIFIED IN RELATION TO THE WORK IN SUB
      CLAUSE (i) TO (vi)
►   IN THE CASE OF A COMPUTER PROGRAMME:-
     TO DO ANY ACTS SPECIFIED IN CLAUSE (a)
     TO SELL OR GIVE ON HIRE, OR OFFER FOR SALE OR HIRE, ANY COPY OF
      THE COMPUTER PROGRAMME, REGARDLESS OR WHETHER SUCH COPY
      HAS BEN SOLD OR GIVEN ON HIRE ON EARLIER OCCASION.
TERM OF COPY RIGHT

►Copyright  shall subsist in any literary,
 dramatic, musical or artistic work
 (other than a photograph) published
 within the lifetime of the author until
 sixty years (60) from the beginning of
 the calendar year next following the
 year in which the author dies.

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IP Law Guide: Patents, Trademarks & Designs Explained

  • 2. INTELLECTUAL PROPERTY ► THE TERM INTELLECTUAL PROPERTY COVERS PATENTS, INDUSTRIAL DESIGNS, COPY RIGHTS TRADE MARKS, KNOW-HOW AND CONFIDENTIAL INFORMATION.
  • 3. PATENT ►A PATENT IS A MONOPOLY RIGHT GRANTED TO A PERSON WHO HAS INVENTED A NEW AND USEFUL ARTICLE OR AN IMPROVEMENT OF AN EXISTING RIGHT TO NEW PROCESS OF MAKING AN ARTICLE.
  • 4. PATENT ► PATENT ACT 1970 ► ESSENTIAL INGREDIENTS OF PATENT:-  NOVELTY.  INVENTIVE STEP.  LACK OF OBVIOUSNESS.  SUFFICIENCY OF DESCRIPTION.
  • 5. PATENT ► OBJECT OF PATENT LAW:-  IT ENCOURAGES RESEARCH AND INVENTION.  IT INDUCES AN INVENTOR TO DISCLOSE HIS DISCOVERIES INSTEAD OF KEEPING THEM AS TRADE SECRET.  IT OFFERS A REWARD FOR THE EXPENSE OF DEVELOPING INVENTION TO THE STAGE AT WHICH THEY ARE COMMERCIALLY PRACTICABLE.  IT PROVIDES AN INDUCEMENT TO INVEST CAPITAL IN NEW LINE OF PRODUCTION WHICH MIGHT NOT APPEAR PROFITABLE IF MANY COMPETING PRODUCES EMBARKED ON THEM SIMULTANEOUSLY.
  • 6. PATENT ► IN INDIA THE TERM OF PATENT IS 14 YEARS EXCEPT FOR FOOD AND DRUG, AND FOR THEM IT IS FIVE YEARS FROM THE DATE OF SEALING OR SEVEN YEARS FROM THE DATE OF PATENT WHICHEVER IS SHORTER. ► THE PATENTEE MAY ASSIGN HIS RIGHTS OR GRANT LICENCES TO USE THE INVENTION. ► COMPULSORY LICENCE.
  • 7. PATENT ► PATENTABLE INVENTION  AN INVENTION IS DEFINED AS FOLLOWS:- ►INVENTION MEANS ANY NEW AND USEFUL  ART, PROCESS, METHODS OR MANNER OF MANUFACTURE.  MACHINE, APPARATUS OR OTHER ARTICLE.  SUBSTANCE PRODUCED BY MANUFACTURE AND INCLUDES ANY NEW AND USEFUL IMPROVEMENT OF ANY OF THEM AND AN ALLEGED INVENTION.
  • 8. PATENT ► INVENTIONS NOT PATENTABLE  AN INVENTION WHICH IS FRIVOLOUS OR WHICH CLAIMS ANYTHING OBVIOUS OR CONTRARY TO WELL-ESTABLISHED NATURAL LAWS.  AN INVENTION THE PRIMARY OR INTENDED US OF WHICH WOULD BE CONTRARY TO LAW OF MORALITY OR INJURIOUS TO PUBLIC HEALTH.  THE MERE DISCOVERY OF A SCIENTIFIC PRINCIPLE OT THE FORMULATION OF AN ABSTRACT THEORY.  THE MERE DISCOVERY OF ANY NEW PROPERTY OR NEW USE FOR A KNOWN SUBSTANCE OR OF THE MERE USE OF KNOWN PROCESS, MACHINE OR APPARATUS.  A SUBSTANCE OBTAINED BY A MERE ADMIXTURE RESULTING ONLY IN THE AGGREGATION OF THE PROPERTIES OF THE COMPONENTS THEREOF OR A PROCESS FOR PRODUCING SUCH SUBSTANCE.  THE MERE ARRANGEMENT OR REARRANGEMENT OR DUPLICATION OF KNOWN DEVICES EACH FUNCTIONING INDEPENDENTLY OR ONE ANOTHER IN A KNOWN WAY.  A METHOD OF AGRICULTURE OR HORTICULTURE.  A METHOD OF FOR THE MEDICAL, SURGICAL, CURATIVE, PROPHYLACTIC, OR OTHER TREATMENTS.  AN INVENTION RELATING TO ATOMIC ENERGY.  IN RESPECT OF FOOD, MEDICINES OR DRUGS, PATENT ARE GRANTED ONLY FOR THE PROCESS OF MANUFACTURE OF THE SUBSTANCE BUT NOT FOR THE SUBSTANCE ITSELF.  IN RESPECT OF SUBSTANCE PRODUCED BY CHEMICAL PROCESS PATENTS AE GRANTED ONLY FOR THE PROCESS OF MANUFACTURE BUT NOT FOR THE SUBSTANCE ITSELF.
  • 9. PROCEDURE FOR OBTAINING PATENT ► AN APPLICATION BY THE INVENTOR. ► TO THE PATENT OFFICE. ► APPLICATION SHOULD ACCOMPANY PROVISIONAL OR COMPLETE SPECIFICATION. ► WHERE THE APPLICATION IS ACCOMPANIED BY A PROVISIONAL SPECIFICATION, A COMPLETE SPECIFICATION SHOULD BE FILED WITHIN 12 MONTHS FROM THE DATE OF FILING. ► THE COMPLETE SPECIFICATION SHOULD FULLY AND PARTICULARLY DESCRIBE THE INVENTION AND THE METHOD BY WHICH IT IS TO BE CARRIED OUT. ► IT SHOULD DISCLOSE THE BEST METHOD OF PERFORMING THE INVENTION KNOWN TO THE APPLICANT AND END WITH THE CLAIM OR CLAIMS DEFINING THE SCOPE OF THE INVENTION FOR WHICH PROTECTIONS IS CLAIMED. ► THE CLAIM SHOULD RELATE TO THE SINGLE INVENTION.
  • 10. PROCEDURE FOR OBTAINING PATENT ► THE SPECIFICATION SHOULD BE ACCOMPANIED BY THE DRAWINGS WHERE APPROPRIATE AND NECESSARY. ► EXAMINATION OF THE APPLICATION BY THE EXAMINERS OF PATENT. ► LAWFUL OBJECTION. ► COMMUNICATION TO THE APPLICANT ABOUT OBJECTIONS IF ANY. ► HEARING BEFORE CONTROLLER OF PATENTS. ► ADVERTISE IN THE OFFICIAL GAZETTE. ► NOTICE OF OPPOSITION WITHIN THREE MONTHS. ► FORWARDING OF COPY BY THE CONTROLLER OF PATENTS. ► FILING OF EVIDENCE. ► GRANTING OF PATENT PATENT ADDITION
  • 11. TRANSFER OF PATENT RIGHT ►A PATENT RECOGNIZED AS A SPECIES OF PROPERTY AND CAN BE TRANSFERRED FROM THE ORIGINAL PATENTEE TO ANY OTHER PERSON BU ASSIGNMENT OR BY OPERATION OF LAW. ► ASSIGNMENTS.  LEGAL ASSIGNMENT  EQUITABLE ASSIGNMENT  MORTGAGES ► LICENCES
  • 12. REVOCATION OF PATENT ► GROUND OF REVOCATION:-  PATENTEE IS NOT ENTITLED TO THE PATENT  PATENT WRONGFULLY OBTAINED AS AGAINST PERSON ENTITLED.  PATENT OBTAINED BY FALSE SUGGESTION OR REPRESENTATION.  FAILURE TO DISCLOSE INFORMATION REGARDING FOREIGN APPLICATIONS.  NON-COMPLIANCE WITH DIRECTIONS FOR SECRECY.  AMENDMENT OF SPECIFICATION OBTAINED BY FRAUD.
  • 13. INFRINGEMENT OF PATENT ► INFRINGEMENT OF PATENT IS THE VIOLATION OF THE MONOPOLY RIGHTS CONFERRED BY THE GRANT. ► THE RIGHTS CONFERRED BY THE PATENT IS THE EXCLUSIVE RIGHT TO MAKE, USE, EXERCISE, SELL OR DISTRIBUTE THE INVENTION IN INDIA. HENCE THE INFRINGEMENT CONSISTS IN THE VIOLATION OF ANY OF THERESE RIGHTS.
  • 14. INFRINGEMENT OF PATENT ► ACTION FOR INFRINGEMENT:-  JURISDICTION.  TERRITORIAL JURISDICTION.  THE PROCEDURE.  LIMITATION.  EVIDENCE.  RELIEFS:- ►ANINJUNCTION ►DAMAGES OR AN ACCOUNT OF PROFITS. ►COST
  • 15. OFFENCES AND PENALTIES UNDER THE PATENTS ACT THE FOLLOWING ACTS OR OMISSIONS ARE OFFENCES PUNISHABLE WITH IMPRISONMENT OF A MAXIMUM PERIOD OF TWO YEARS OR FINE OR WITH BOTH:-  CONTRAVENTION OF SECRECY DIRECTIONS GIVEN BY CONTROLLER PROHIBITING THE PUBLICATION OR COMMUNICATION OF INFORMATION TO INVENTIONS RELEVANT FOR DEFENCE PURPOSE.  MAKING OF AN APPLICATION FOR A PATENT IN A FOREIGN COUNTRY BY A RESIDENT INDIAN IN RESPECT OF AN INVENTION SUBJECT TO SECRECY DIRECTIONS WITHOUT THE PERMISSION OF THE CONTROLLER.  MAKING OF AN APPLICATION FOR A PATENT IN A FOREIGN COUNTRY BY ANY RESIDENT INDIAN BEFORE MAKING A SIMILAR APPLICATION IN INDIA.  FAILURE TO SUPPLY INFORMATION TO THE CONTROLLER REGARDING THE USE OF PATENTED INVENTION IN INDIA (FINE ONLY).
  • 16. DESIGNS ► THE OBJECT OF DESIGN REGISTRATION IS TO SEE THAT THE ORIGINATOR OF A PROFITABLE DESIGN IS NOT DEPRIVED OF HIS REWARD BY OTHERS APPLYING IT TO THEIR GOODS WITHOUT PERMISSION. ► COPYRIGHT IN AN INDUSTRIAL DESIGN OR PRODUCT DESIGN IS GOVERNED BY THE DESIGNS ACT 1911. ► THIS RIGHT IS MONOPOLY RIGHT MORE AKIN TO THE RIGHT GIVEN UNDER THE PATENT ACTS.
  • 17. DESIGNS ► DESIGN MEANS ONLY THE FEATURES OF SHAPE CONFIGURATION, PATTERN OR ORNAMENT APPLIED TO ANY ARTICLE BY ANY INDUSTRIAL PROCESS OR MEANS, WHICH IN THE FINISHED ARTICLE APPEAL TO AN ARE JUDGED SOLELY BY TE EYE AND WHICH IS NOT A MERE MECHANICAL DEVICE. ► DESIGN MEANS CONCEPTION, SUGGESTION OR IDEA OF A SHAPE OF A PICTURE OR OF A DEVICE OR OF SOME ARRANGEMENT WHICH CAN BE APPLIED TO AN ARTICLE BY SOME MANUAL, MECHANICAL OR CHEMICAL MEANS.
  • 18. DESIGNS ► THERE MUST BE A SPECIAL PECULIAR, DISTINCTIVE, SIGNIFICANT OR STRIKING APPEARANCE. ► THE DESIGN MUST BE ONE WHICH APPEALS TO THE EYE OF SOME CUSTOMER. ► REGISTRATION OF DESIGNS IS DONE BY THE PATENT OFFICE AT KOLKATTA. ► AN APPLICATION WITH BRIEF ENDORSEMENT OF NOVELTY OF THE DESIGNS.
  • 19. DESIGNS ► INFRINGEMENT  CIVIL REMEDIES ►INJUNCTION ►DAMAGES OR COMPENSATION ► JURISDICTION
  • 20. TRADE MARKS ► A TRADE MARK IS A VISUAL SYMBOL IN THE FORM OF WORD, A DEVICE, OR A LABEL APPLIED TO ARTICLES OF COMMERCE WITH A VIEW TO INDICATE TO THE PURCHASING PUBLIC THAT THEY ARE THE GOODS MANUFACTURED OR OTHER WISE DEALT IN BY PARTICULAR PERSON AS DISTINGUISHED FROM SIMILAR GOODS MANUFACTURE OR DEALT IN BY OTHER PERSON. ► OBJECT OF TRADE MARK LAW IS TO DEAL WITH THE PRECISE NATURE OF THE RIGHTS WHICH IS A PERSON CAN ACQUIRE IN RESPECT OF TRADE MARKS, THE MODE OF ACQUISITION OF SUCH RIGHTS, THE METHOD OF TRANSFER OF THOSE RIGHTS RO OTHERS, THE PRECISE NATURE OF INFRINGEMENT OF SUCH RIGHTS AND THE REMEDIES AVAILABLE IN RESPECT THEREOF. ► TRADE & MERCHANDISE MARKS ACT 1958
  • 21. TRADE MARKS ► A PART FROM DISTINCTIVENESS A GOOD TRADE MARK SHOULD POSSESS THE FOLLOWING ATTRIBUTES:-  IT SHOULD BE EASY TO PRONOUNCE AND REMEMBER IF THE MARK IS WORD.  IN THE CASE OF DEVICE MARK TE DEVICE SHOULD BE CAPABLE IF BEING DESCRIBED BY A SINGLE WORD.  IT MUST BE EASY TO SPELL CORRECTLY AND WRITE LEGIBLY.  IT SHOULD NOT BE DESCRIPTIVE BUT MAY BE SUGGESTIVE OF THE QUALITY OF THE GOODS.  IT SHOULD BE SHORT.  IT SHOULD APPEAL TO THE EYE AS WELL AS TO THE EAR.  IT SHOULD SATISFY THE REQUIREMENT OF REGISTRATION.  IT SHOULD NOT BELONG TO THE CLASS OF MARKS PROHIBITED FOR REGISTRATION.
  • 22. TRADE MARKS ► AN OFFICE CALLED THE TRADE MARKS REGISTRY HS BEEN ESTABLISHED FOR THE PURPOSE OF REGISTRATION OF TRADEMARKS, MAINTENANCE OF THE REGISTER AND MATTERS INCIDENTAL THERETO. ► APART FROM THE REGISTER OF TRADE MARKS THE REGISTRY MAINTAINS INDEXES OF:-  REGISTERED TRADE MARKS.  APPLICATIONS FOR REGISTRATION.  THE NAMES OF PROPRIETORS OF TRADE MARKS.  THE NAMES OF REGISTERED USER. ► DURATION AND RENEWAL OF REGISTRATION  IF THE APPLICATION FOR REGISTRATION AFTER ITS ADVERTISEMENT IS UNOPPOSED OR IF OPPOSED DECIDED IN FAVOUR OF REGISTRATION THE MARK WILL BE REGISTERED AS OF THE DATE OF THE APPLICATION FOR REGISTRATION.  THE FIRST REGISTRATION IS FOR A PERIOD OF 07 YEARS.  CAN BE RENEWED TIME TO TIME BY PAYING THE RENEWAL FEE.
  • 23. TRADE MARKS ► MARKS NOT REGISTRABLE:-  A MARK THE USE OF WHICH WOULD BE LIKELY TO DECEIVE OR CAUSE CONFUSION.  A MARK THE USE OF WHICH WOULD BE CONTRARY TO ANY LAW FOR THE TIME BEING IN FORCE.  A MARK COMPRISING OR CONTAINING SCANDALOUS OR OBSCENE MATTER.  A MARK COMPRISING OR CONTAINING ANY MATTER LIKELY TO HURT THE RELIGIOUS SUSCEPTIBILITIES OF ANY CLASS OR SECTION OF THE CITIZEN OF INDIA  A MARK WHICH WOULD BE DISENTITLED TO PROTECTION IN A COURT OF LAW.  A MARK WHICH IS IDENTICAL WITH OR DECEPTIVELY SIMILAR TO A TRADE MARK ALREADY REGISTERED IN RESPECT OF THE SAME FOODS RO GOODS OF THE SAME DESCRIPTION.  A WORD WHICH IN THE ACCEPTED NAME OF ANY SINGLE CHEMICAL NAME OR CHEMICAL COMPOUND IN RESPECT OF CHEMICAL SUBSTANCES.  MARKS PROHIBITED UNDER THE EMBLEMS AND NAMES ACT
  • 24. TRADE MARKS ► INFRINGEMENT:-  JURISDICTION  PROCEDURE.  INJUNCTION.  DAMAGES.  ACCOUNT OF PROFITS  ORDER OF DELIVERY UP OF THE INFRINGING LABELS AND MARKS FOR DESTRUCTION OR ERASURE.
  • 25. COPYRIGHT ► COPYRIGHT MEANS THE EXCLUSIVE RIGHT TO DO OR AUTHORISE OTHERS TO DO CERTAIN ACTS IN RELATION TO:-  LITERARY, DRAMATIC, MUSICAL AND ARTISTIC WORKS.  CINEMATOGRAPH FILM  SOUND RECORDINGS. ► COPYRIGHT IS THE RIGHT TO COPY OR REPRODUCE THE WORK IN WHICH COPYRIGHT SUBSIST. ► COPYRIGHT DOES NOT EXTEND TO ANY RIGHT BEYOND THE SCOPE OF SECTION 14 OF THE COPYRIGHT ACT OF 1957.
  • 26. COPYRIGHT ► THE OBJECT OF COPY RIGHT LAW IS TO ENCOURAGE AUHTORS, COMPOSERS, ARTISTS AND DESIGNER TO CREATE ORIGINAL WORKS BY REWARDING THEM WITH THE EXCLUSIVE RIGHT FOR A LIMITED PERIOD TO EXPLOIT THE WORK FOR MONETARY GAIN. ► THE AUTHOR MUST HAVE BESTOWED UPON THE WORK SUFFICIENT JUDGMENT, SKILL AND LABOUR OR CAPITAL. IT IS IMMATERIAL WHETHER THE WORK IS WISE OR FOOLISH, ACCURATE OR INACCURATE OR WHETHER IT HAS OR HAS NOT ANY LITERARY OR ARTISTIC MERIT. [WALTER v. LANE 1900 AC 539]
  • 27. QUALIFICATION FOR COPYRIGHT SUBSISTENCE ► THE WORK IS FIRST PUBLISHED IN INDIA. ► WHERE THE WORK IS FIRST PUBLISHED OUTSIDE INDIA THE AUTHOR, AT TE DATE OF PUBLICATION MUST BE A CITIZEN OF INDIA. ► IF THE PUBLICATION IS MADE AFTER AUTHORS DEATH THE AUTHOR MUST HAVE BEN AT THE TIME OF HIS DEATH A CITIZEN OF INDIA. ► IN CASE OF UNPUBLISHED WORK THE AUTHOR IS ON THE DATE OF MAKING OS THE WORK A CITIZEN OF INDIA OR DOMICILED IN INDIA. THIS DOES NOT APPLY TO WORKS OFARCHITECTURE. THESE CONDITIONS DO NOT APPLY TO FOREIGN WORKS OR WORKS OF INTERNATIONAL ORGANISATION. ► IN THE CASE OF AN ARCHITECTURAL WORK OF ART. THE WORK IS LOCATED IN INDIA.
  • 28. RIGHT OF THE OWNER OF THE WORKS ► INCASE OF A LITERARY, DRAMATIC OR MUSICAL WORK, NOT BEING A COMPUTER PROGRAMME:-  TO REPRODUCE THE WORK IN ANY MATERIAL FORM INCLUDING THE STORING OF IT IN ANY MEDIUM BY ELECTRONIC MEANS.  TO ISSUE COPIES OF THE WORK TO THE PUBLIC AND NOT BEING COPIES ALREADY IN CIRCULATION.  TO PERFORM THE WORK IN PUBLIC, OR COMMUNICATE IT TO THE PUBLIC.  TO MAKE ANY CINEMATOGRAPH FILM OR SOUND RECORDING IN RESPECT OF THE WORK.  TO MAKE ANY TRANSLATION OF THE WORK.  TO MAKE ANY ADAPTATION OF THE WORK.  TO DO IN RELATION TO A TRANSLATION OR AN ADAPTATION OF THE WORK, ANY OF THE ACTS SPECIFIED IN RELATION TO THE WORK IN SUB CLAUSE (i) TO (vi) ► IN THE CASE OF A COMPUTER PROGRAMME:-  TO DO ANY ACTS SPECIFIED IN CLAUSE (a)  TO SELL OR GIVE ON HIRE, OR OFFER FOR SALE OR HIRE, ANY COPY OF THE COMPUTER PROGRAMME, REGARDLESS OR WHETHER SUCH COPY HAS BEN SOLD OR GIVEN ON HIRE ON EARLIER OCCASION.
  • 29. TERM OF COPY RIGHT ►Copyright shall subsist in any literary, dramatic, musical or artistic work (other than a photograph) published within the lifetime of the author until sixty years (60) from the beginning of the calendar year next following the year in which the author dies.