a brief presentation by

Sunny ChadhaPracticing Company

Secretary

Patents

Industrial designs

Trade and service marks

Copy rights

Layout designs (of integrated circuits).Neighbouring rights.Undisclosed INFORMATIONS (trade secrets).Anticompetitive practices in contractual licenses.Protection of inventions in biotechnology (plants).

Intellectual Intellectual propertyproperty

INDUSTRIAL PROPERTY

+

COPY RIGHT

PATENTS DESIGNS TRADEMARKS

FOR MOST PRODUCTS EVERY FORM OF INTELLECTUAL PROPERTY

RIGHTS CAN BE OBTAINED

CAMERA

“PATENT” For every individual improved mechanism

“DESIGN” For outer shape & Contour / Configuration

“TRADE MARK” Brand name or Logo for goods denoted as ®TM

“Copy right” For Instruction / manual booklet denoted as ©

Industrial design protection for 3D shape

Brand name- registered under trademark

Music played on the CD player is protected by copyright

Various technical parts & mechanisms

are subject mater of

protection under Patents

Meet International obligations through Legislative changes

Modernize IPR Regime Create Awareness

• The Patents Act, 1970

•Product Patent•Patent Term of 20 years•Public Health Safeguards

• The Trade Marks Act, 1999

•Service Marks and Collective Marks•Term increased from 7 years to 10

years• The Designs Act, 2000

• The Copyrights Act, 1957

What is Trademark? A mark may consist of a invented word,

brand, heading, label, name written in a particular style, the shape of goods other than those for which mark is proposed to use. In general words it can be said that a trademark is a mark or a logo which distinguishes the goods or services of one company or person from another. The mark which is to be selected should not be deceptively be similar to the existing mark of another person.

What is covered under Trademarks?A trademark is a mark used in relation to goods or services so as to indicate a connection in the course of trade between the goods or services and some person having the right as proprietor to use the mark.

Procedure for the registration of the trademark?Application for Registration (Section 18)Any person claiming to be proprietor of trademark used or proposed to be used by him and desirous of registering it shall apply to the Registrar of Trade Mark for which offices are established at New Delhi, Ahmadabad, Mumbai, Chennai & Kolkata. Moreover if any person want to use the same trademark for more than one product he can make a single application along with the prescribed fees.

Withdrawal of Acceptance?Withdrawal of Acceptance? (Section 19)(Section 19)Where the registrar is of opinion that:Where the registrar is of opinion that:Application was accepted erroneously Application was accepted erroneously There should be some other condition to be attached for There should be some other condition to be attached for continuous use of Trade Mark.continuous use of Trade Mark. He may after hearing He may after hearing the applicant, withdraw the application. the applicant, withdraw the application.

Advertisement of application Advertisement of application (Section 20)(Section 20)After receiving the application the registrar shall cause After receiving the application the registrar shall cause the same to be published in the magazine published by the same to be published in the magazine published by the Registrarthe Registrar

Under modern business condition a trade mark performs four functions:

It identifies the goods / or services and its origin.

It guarantees its unchanged quality It advertises the goods/services It creates an image for the goods/ services.

The right to use a mark can be exercised either by the registered proprietor or a registered user.

WHEN CAN THE SYMBOL ™ BE USED IN INDIA

Using this symbol with your trademark simply implies that you claim to be the proprietor of the trademark. There is no prohibition on the use of the symbol ™ in India.

COPYRIGHT: -Registration of Copyright w.r.t any logo / trade mark is not necessary or compulsory under the provisions of the Indian Copyright Act, 1957. Automatic protection is available to an artistic work, form the date when the artistic work / logo was designed.

Copyright Comes in to existence when the concept in mind is put in to some tangible form or crated

PATENTPATENT

A patent is a Monopoly Right granted

•For an invention•By the government•To the inventor or his assignee•For a limited period•It is valid within the country of grant

•Criteria for Patentability–New & useful–Non-obvious–Capable of Industrial Applications

•Patents Act specifies–What are not inventions?–What are not patentable inventions?

•How to get that monopoly right?

It encourages RESEARCH.

Induces an inventor to disclose his inventions instead of keeping them as secret.

Provides inducement for capital investment encouraging technological development.

It encourages establishment of new industries.

•KNOWLEDGE OF INVENTION ADDS TO SCIENTIFIC BACKGROUND FORMING BASE FOR FURTHER RESEACH

•REASONABLE ASSURANCE FOR COMMERCIALIZATION

•PATENT- OPEN TO PUBLIC FOR USE –AFTER ITS TERM EXPIRES

OR–WHEN IT CEASES TO BE IN FORCE

INVENTION

Invention is a successful technical solution to a technical problem.

To be granted a Patent, An invention must be new,

non-obvious and capable of industrial application

Patents Not Only For Major Technological

BreakthroughSuch As

•LAZLO biro’s - ball point pen

•Ring – pull for cans of beverages

But even for any small ‘ incremental ’ inventions

•INDIVIDUALS OR Companies-normally do not clearly recognize the TRUE MARKET VALUE for a particular INVENTION

e.g. Anti theft device for motor cars-wheel clamp

Tetra pack style of cartons for milk & fruit juice

Sr.JOINT CONTROLLER OF PATENTS AND DESIGNS

JOINT REGISTAR OF TRADEMARKS

MINISTRY OF COMMERCE AND INDUSTRY MINISTRY OF HUMAN RESOURSE

DEVELOPMENT

DEPT. OF INDUSTRIAL POLICY & PROMOTION

DEPT. OF EDUCATION

CONTROLLER GENERAL OF

PATENTS, DESIGNS & TRADE MARKS

PATENT OFFICE

TRADE MARKS REGISTRY

COPYRIGHT OFFICE

REGISTAR OF COPYRIGHT

GIR

PATENT OFFICE HEADOFFICECALCUTTA

PIS (NAGPUR)

PATENT OFFICE (MUMBAI)

PATENT OFFICE (CHENNAI )

PATENT OFFICE (NEW DELHI )

JURISDICTION WEST ZONE

JURISDICTION SOUTH ZONE

JURISDICTIONNORTH ZONE

TMR (BOMBAY)

TMR AHMEDABAD TMR DELHI

TMR CALCUTTA

TMR CHENNAI

GIR

Patent Grant Procedure (In Brief)

Filing of PATENT APPLICATION

EXAMINATION & NOVELTY SEARCH

ACCEPTANCE OR REFUSAL

NOTIFICATION OF “ACCEPTANCE” IN THE GAZETTE OF INDIA (part III section 2)

OPPOSITION (if any)

GRANT OF A PATENT