legal issues for the entrepreneurs-chapter-6
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Legal Issues for the Legal Issues for the EntrepreneursEntrepreneurs
Chapter 6Chapter 6
Intellectual Property
Patents
Copyrights
Trademarks
LawyerWhy Have One?
Determine What Is Needed
Search For Lawyer With Special Expertise
How to Select LawyerOne-Time Service or On-Going?
Set-Up Comfortable Working Relationship
Determine Costs Up-Front
Patents 1856: THE ACT VI OF 1856 ON PROTECTION OF INVENTIONS BASED ON THE
BRITISH PATENT LAW OF 1852. CERTAIN EXCLUSIVE PRIVILEGES GRANTED TO INVENTORS OF NEW MANUFACTURERS FOR A PERIOD OF 14 YEARS.
1859: THE ACT MODIFIED AS ACT XV; PATENT MONOPOLIES CALLED EXCLUSIVE PRIVILEGES (MAKING. SELLING AND USING INVENTIONS IN INDIA AND AUTHORIZING OTHERS TO DO SO FOR 14 YEARS FROM DATE OF FILING SPECIFICATION).
1872: THE PATENTS & DESIGNS PROTECTION ACT. 1883: THE PROTECTION OF INVENTIONS ACT. 1888: CONSOLIDATED AS THE INVENTIONS & DESIGNS ACT. 1911: THE INDIAN PATENTS & DESIGNS ACT. 1972: THE PATENTS ACT (ACT 39 OF 1970) CAME INTO FORCE ON 20TH APRIL
1972. 1999: ON MARCH 26, 1999 PATENTS (AMENDMENT) ACT, (1999) CAME INTO
FORCE FROM 01-01-1995. 2002: THE PATENTS (AMENDMENT) ACT 2002 CAME INTO FORCE FROM 2OTH
MAY 2003 2005: THE PATENTS (AMENDMENT) ACT 2005 EFFECTIVE FROM Ist JANUARY 2005
PatentsContract Between Government & Inventor-
20 Years of ProtectionIs under the Department of Industrial
Policy & PromotionsGrants Holder Protection Of IdeaTypes
UtilityDesignBusiness Method
International- WTOInfringement
Patent Documentation
1) Patent & Trademark Office2) Disclosure Document-
Date Of Conception3) Application
a) Introductionb) Descriptionc) Claims
DOCUMENTS REQUIRED FOR FILING AN APPLICATION 1) Application form in duplicate (Form 1).
2) Provisional or complete specification in duplicate. If the provisional specification is filed, it must be followed by the complete specification within 12 months.(Form 2).
3) Drawing in duplicate (if necessary).
4) Abstract of the invention in duplicate.
5) Information & undertaking listing the number, filing date & current status of each foreign patent application in duplicate (Form 3).
6) Priority document (if priority date is claimed) in convention application,when directed by the Controller.
7) Declaration of inventor-ship where provisional specification is followed by complete specification or in case of convention/PCT national phase application (Form 5).
8) Power of attorney (if filed through Patent Agent).
9) Fee (to be paid in cash/by cheque/by demand draft)
MembershipIndia is a member of the following International
Organisations and Treaties in respect of Patents: a) World Trade Organization (WTO) with effect
from 01-01 -1995. b) Convention establishing World Intellectual
Property Organisation, (WIPO). c) Paris Convention for the protection of Industrial
Property with effect from Dec.7, 1998. d) Patent Co-operation Treaty (PCT) with effect
from Dec.7, 1998. e) Budapest Treaty with effect from 17th
December, 2001.
TrademarksDistinguishing Word/Name/SymbolBenefits
• Notice Of Exclusive Rights• Entitlement To Sue• Incontestable Rights• Prevent Importation Of Goods With Similar Mark• Entitled To Use Of Notice Of Registration®• Basis For Foreign Filing
Trademark Filing Requirements
1) Completion of Written Form
2) Drawing of Mark3) Five Specimens
Showing Use Of Mark4) Fee
CopyrightsPrevents Others From Copying Original
Works Of AuthorshipSoftware Added To Law In 1980Registered With Library Of CongressRequirements
Form From PTOTwo Copies Of WorkFee- Register of Copyrights
ProtectionAuthor - Life + 50 YearsInstitution - Publication + 75 Years
Copyright ProtectionBooksScriptsArticlesPoemsSongsSculpturesModels
MapsBlueprintsCollagesPrinted Material
On Board Games
DataMusic
Trade SecretsProtection Against Revealing Information
Not Covered By Federal Law
Confidentiality Agreement
LicensingContract For Rights To Intellectual
Property Of OthersProperty Owner Receives Royalty/FeeValue = Marketing Strategy To Holder Of
Patent, Copyright, Trademark
Licensing Factors•Recognizable Property?
•Complement Product/Service
•Experience With Property
•Long-Term Outlook
•Kind Of Protection
•Commitment?
•Renewal Options/Terms
Product Safety/Liability
Consumer Product Safety Act (1972)- Legal Specifications
Identify StandardsSubstantial HazardsDangerous Defects
Amended (1990) – Stricter Guidelines
Product Liability Claims
Negligence
Warranty
Strict Liability
Misrepresentation
Types Of InsurancePropertyCasualtyLifeWorkers’ Compensation
Bonding
ContractsLegally Binding Agreement Between Two
PartiesRequirements
OfferAcceptanceConsiderationCompetencyLegal$500+ Must Be In Writing
Contract IngredientsParties Named & Roles
Specified
Detailed Description Of Transaction
Exact Value Of Transaction
Signatures of All Parties Involved
Remedies For Breach
Fulfill Agreement Or Pay
Damages
Both Parties Agree To
Drop Matter
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