UnveilinghellipIntellectual Property Rights

Dr Sabuj Kumar ChaudhuriDepartment of Library amp Information Science

University of Calcuttasabujkchaudhuricalunivacin

October 14 2017 1

Disclaimer

I am not lawyer I can not give

you any legal advice

October 14 2017 2

Discovery Vs Invention

October 14 2017 3

October 14 2017 4

Creation of New Idea (Invention)

Conceptualization of New Idea (Decision to

innovate)

Commercialization of New Idea (Innovation) (many stages)

Diffusion in the SocietyOctober 14 2017 5

Valley of Death

October 14 2017 6

Primary Players in Global innovation

7Indiarsquos Position in GII 2016 is 66th It was 81st in 2015 October 14 2017

Creativity protected by IP

From Morning to Night

October 14 2017 8

IPR as an Umbrella Protecting your

Creativity

October 14 2017 9

What is IPR

bull What is property

bull What is Intellectual property (IP)

bull What is Intellectual Property Rights(IPR)

October 14 2017 10

Property

bull The primary definition in the Oxford English Dictionary states

that lsquoproperrsquo means lsquobelonging to oneself or itself

bull Generally it has 3 understandings

bull Scientific Understandings

bull Properties are attributes characteristics or qualitiesthat can be applied generally to a group of objects

bull Legal Understandings

bull Property is the inclusion of rights of exclusive use andalienability

bull Economic Understandings

bull Property includes all rights of individuals to valuableresources

11October 14 2017

Rights of A Property Owner

bull Right to own

bull Right to exclusive use

bull Right to disallow others from its use

bull Right to sell

bull Right to transfer

bull Right to donate

bull Right to rent

bull Right to lend

bull Right to derive profit out of it

bull Property involves abundle of rights

bull The entire bundle canbe held by one personor divided amongmultiple parties

bull Property rights conferpower

October 14 2017 12

Types of Property

bull The tangible propertyincludes physicalobjects such as landhousehold goods caretc

bull The intangible propertyincludes a list ofproducts of humanintellect such aspatents copyrighttrademarks andindustrial designs etc

13October 14 2017

IP IPR

bull Intellectual property (IP)

deals with the creations

of the human intellect and

protects the creations of

the human mind the

human intellect This is

why this kind of property

is called ldquointellectual

propertyrdquo

bull Intellectual property rights(IPR) are the rights awardedby society to individuals ororganizations principallyover Intellectual Propertyie creative worksinventions literary andartistic works and symbolsnames images anddesigns used in commerceThey give the creator theright to prevent others frommaking unauthorized use oftheir property for a limitedperiod

14October 14 2017

Why IP is required bull To protect your Creativity Invention

bull To get an economic return on funding

invested in R amp D

bull To get a reward or recognition as it is the

fruit of your hard labour effort and time

bull To own your inventioncreative works

bull To create of an intellectual asset for

licensing or selling

bull To deter others from using your

inventionOctober 14 2017 15

What happens if you do not protect

your inventions

bull Somebody else might patent

them

bull Competitors will take advantage

of your invention

bull Possibilities to license sell or

transfer technology will be

severely hindered

bull Time effort labour will be lost

bull Funders will be discouraged

October 14 2017 16

Creator has Two Options

October 14 2017 17

IPRIndustrial Property

PatentIndustrial Design

TrademarkGeographical Indications (GI)

Lay-out Design of Integrated Circuits

Undisclosed information including trade secrets and test data

Artistic amp Literary Property

Copyright

Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database

Integrated Circuit

Plant Breedersrsquo Right (PBR)

CLASSIFICATION OF IPR

October 14 2017 18

Each type of protection and what it

protectsbull Patents (utilitydesign) protect Inventions

bull Trademarks protect Identifying Signs amp Symbols

bull Designs protect Ornamental Design of Product

bull GIs protect Identifying place names with product

bull Trade Secrets protect Confidential Information

bull Copyrights protect Creative Expressions of Creators

bull PBRs protect DUS plant variety

bull IC layout designs protect Original design of IC

bull Databases protect Uniqueness of databaseOctober 14 2017 19

Coca-Coal with Different IPR

John Pemberton inventor

bull Design

bull Patent (Trade Secret)

bull Trade Mark

bull Copyright

October 14 2017 20

Different IPR in iPhone7

Trade marks

Patent

Design

Copyright

Trade Secret

October 14 2017 21

October 14 2017 22

Basics of a Patent

What is a patentA patent is an exclusive right granted

by the State for an invention to the inventor

In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application

Protection + Disclosure

Patent is a bargain between inventor amp

the state

bull Patent is a negativeright

bull It gives its owner theexclusive right

bull Granted by the nationalpatent office Generallyfor 20 years

bull Territorial right

bull There is no

international patent

bull Both Product amp Processpatent is allowed in India

bull Unity of Invention (oneinvention in one patent)

bull First to File (FIF) System

October 14 2017 23

Patent system

Patent Protection

to the inventor

Disclosure of the

invention to IPO

Patenteersquos interest Public interest

October 14 2017 24

Criteria to get a PatentThere are 3 criteria to get a patent

1 Invention has to be Novel

2 Invention has inventive steps

3 Invention must have industrial application

For patenting microorganisms inventor

shall deposit biological materials to an

authorized depositary institution as notified

by the governmentOctober 14 2017 25

Rights of a PatenteeTo make use exercise sell or distribute an

Invented Article or Process in India

bull Right can be shared licensed or sold

bull Right to initiate Legal Proceedingsagainst Infringement

bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent

October 14 2017 26

Non-Patentable Inventionsbull Frivolous inventions

bull Inventions contrary to well established

natural laws

Contrary to public order or

Morality

bull Inventions related to atomic energy

Causes serious Prejudice to health or

human animal plant life or

to the environmentOctober 14 2017 27

Contdbull Mere Discovery of a Scientific

Principle or

bull formulation of an Abstract Theory or

bull discovery of any living thing or

bull discovery of nonndashliving substanceoccurring in nature

bull Patent on plant animals amp naturally

occurring microorganisms

bull TK is not patentable

October 14 2017 28

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Disclaimer

I am not lawyer I can not give

you any legal advice

October 14 2017 2

Discovery Vs Invention

October 14 2017 3

October 14 2017 4

Creation of New Idea (Invention)

Conceptualization of New Idea (Decision to

innovate)

Commercialization of New Idea (Innovation) (many stages)

Diffusion in the SocietyOctober 14 2017 5

Valley of Death

October 14 2017 6

Primary Players in Global innovation

7Indiarsquos Position in GII 2016 is 66th It was 81st in 2015 October 14 2017

Creativity protected by IP

From Morning to Night

October 14 2017 8

IPR as an Umbrella Protecting your

Creativity

October 14 2017 9

What is IPR

bull What is property

bull What is Intellectual property (IP)

bull What is Intellectual Property Rights(IPR)

October 14 2017 10

Property

bull The primary definition in the Oxford English Dictionary states

that lsquoproperrsquo means lsquobelonging to oneself or itself

bull Generally it has 3 understandings

bull Scientific Understandings

bull Properties are attributes characteristics or qualitiesthat can be applied generally to a group of objects

bull Legal Understandings

bull Property is the inclusion of rights of exclusive use andalienability

bull Economic Understandings

bull Property includes all rights of individuals to valuableresources

11October 14 2017

Rights of A Property Owner

bull Right to own

bull Right to exclusive use

bull Right to disallow others from its use

bull Right to sell

bull Right to transfer

bull Right to donate

bull Right to rent

bull Right to lend

bull Right to derive profit out of it

bull Property involves abundle of rights

bull The entire bundle canbe held by one personor divided amongmultiple parties

bull Property rights conferpower

October 14 2017 12

Types of Property

bull The tangible propertyincludes physicalobjects such as landhousehold goods caretc

bull The intangible propertyincludes a list ofproducts of humanintellect such aspatents copyrighttrademarks andindustrial designs etc

13October 14 2017

IP IPR

bull Intellectual property (IP)

deals with the creations

of the human intellect and

protects the creations of

the human mind the

human intellect This is

why this kind of property

is called ldquointellectual

propertyrdquo

bull Intellectual property rights(IPR) are the rights awardedby society to individuals ororganizations principallyover Intellectual Propertyie creative worksinventions literary andartistic works and symbolsnames images anddesigns used in commerceThey give the creator theright to prevent others frommaking unauthorized use oftheir property for a limitedperiod

14October 14 2017

Why IP is required bull To protect your Creativity Invention

bull To get an economic return on funding

invested in R amp D

bull To get a reward or recognition as it is the

fruit of your hard labour effort and time

bull To own your inventioncreative works

bull To create of an intellectual asset for

licensing or selling

bull To deter others from using your

inventionOctober 14 2017 15

What happens if you do not protect

your inventions

bull Somebody else might patent

them

bull Competitors will take advantage

of your invention

bull Possibilities to license sell or

transfer technology will be

severely hindered

bull Time effort labour will be lost

bull Funders will be discouraged

October 14 2017 16

Creator has Two Options

October 14 2017 17

IPRIndustrial Property

PatentIndustrial Design

TrademarkGeographical Indications (GI)

Lay-out Design of Integrated Circuits

Undisclosed information including trade secrets and test data

Artistic amp Literary Property

Copyright

Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database

Integrated Circuit

Plant Breedersrsquo Right (PBR)

CLASSIFICATION OF IPR

October 14 2017 18

Each type of protection and what it

protectsbull Patents (utilitydesign) protect Inventions

bull Trademarks protect Identifying Signs amp Symbols

bull Designs protect Ornamental Design of Product

bull GIs protect Identifying place names with product

bull Trade Secrets protect Confidential Information

bull Copyrights protect Creative Expressions of Creators

bull PBRs protect DUS plant variety

bull IC layout designs protect Original design of IC

bull Databases protect Uniqueness of databaseOctober 14 2017 19

Coca-Coal with Different IPR

John Pemberton inventor

bull Design

bull Patent (Trade Secret)

bull Trade Mark

bull Copyright

October 14 2017 20

Different IPR in iPhone7

Trade marks

Patent

Design

Copyright

Trade Secret

October 14 2017 21

October 14 2017 22

Basics of a Patent

What is a patentA patent is an exclusive right granted

by the State for an invention to the inventor

In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application

Protection + Disclosure

Patent is a bargain between inventor amp

the state

bull Patent is a negativeright

bull It gives its owner theexclusive right

bull Granted by the nationalpatent office Generallyfor 20 years

bull Territorial right

bull There is no

international patent

bull Both Product amp Processpatent is allowed in India

bull Unity of Invention (oneinvention in one patent)

bull First to File (FIF) System

October 14 2017 23

Patent system

Patent Protection

to the inventor

Disclosure of the

invention to IPO

Patenteersquos interest Public interest

October 14 2017 24

Criteria to get a PatentThere are 3 criteria to get a patent

1 Invention has to be Novel

2 Invention has inventive steps

3 Invention must have industrial application

For patenting microorganisms inventor

shall deposit biological materials to an

authorized depositary institution as notified

by the governmentOctober 14 2017 25

Rights of a PatenteeTo make use exercise sell or distribute an

Invented Article or Process in India

bull Right can be shared licensed or sold

bull Right to initiate Legal Proceedingsagainst Infringement

bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent

October 14 2017 26

Non-Patentable Inventionsbull Frivolous inventions

bull Inventions contrary to well established

natural laws

Contrary to public order or

Morality

bull Inventions related to atomic energy

Causes serious Prejudice to health or

human animal plant life or

to the environmentOctober 14 2017 27

Contdbull Mere Discovery of a Scientific

Principle or

bull formulation of an Abstract Theory or

bull discovery of any living thing or

bull discovery of nonndashliving substanceoccurring in nature

bull Patent on plant animals amp naturally

occurring microorganisms

bull TK is not patentable

October 14 2017 28

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Discovery Vs Invention

October 14 2017 3

October 14 2017 4

Creation of New Idea (Invention)

Conceptualization of New Idea (Decision to

innovate)

Commercialization of New Idea (Innovation) (many stages)

Diffusion in the SocietyOctober 14 2017 5

Valley of Death

October 14 2017 6

Primary Players in Global innovation

7Indiarsquos Position in GII 2016 is 66th It was 81st in 2015 October 14 2017

Creativity protected by IP

From Morning to Night

October 14 2017 8

IPR as an Umbrella Protecting your

Creativity

October 14 2017 9

What is IPR

bull What is property

bull What is Intellectual property (IP)

bull What is Intellectual Property Rights(IPR)

October 14 2017 10

Property

bull The primary definition in the Oxford English Dictionary states

that lsquoproperrsquo means lsquobelonging to oneself or itself

bull Generally it has 3 understandings

bull Scientific Understandings

bull Properties are attributes characteristics or qualitiesthat can be applied generally to a group of objects

bull Legal Understandings

bull Property is the inclusion of rights of exclusive use andalienability

bull Economic Understandings

bull Property includes all rights of individuals to valuableresources

11October 14 2017

Rights of A Property Owner

bull Right to own

bull Right to exclusive use

bull Right to disallow others from its use

bull Right to sell

bull Right to transfer

bull Right to donate

bull Right to rent

bull Right to lend

bull Right to derive profit out of it

bull Property involves abundle of rights

bull The entire bundle canbe held by one personor divided amongmultiple parties

bull Property rights conferpower

October 14 2017 12

Types of Property

bull The tangible propertyincludes physicalobjects such as landhousehold goods caretc

bull The intangible propertyincludes a list ofproducts of humanintellect such aspatents copyrighttrademarks andindustrial designs etc

13October 14 2017

IP IPR

bull Intellectual property (IP)

deals with the creations

of the human intellect and

protects the creations of

the human mind the

human intellect This is

why this kind of property

is called ldquointellectual

propertyrdquo

bull Intellectual property rights(IPR) are the rights awardedby society to individuals ororganizations principallyover Intellectual Propertyie creative worksinventions literary andartistic works and symbolsnames images anddesigns used in commerceThey give the creator theright to prevent others frommaking unauthorized use oftheir property for a limitedperiod

14October 14 2017

Why IP is required bull To protect your Creativity Invention

bull To get an economic return on funding

invested in R amp D

bull To get a reward or recognition as it is the

fruit of your hard labour effort and time

bull To own your inventioncreative works

bull To create of an intellectual asset for

licensing or selling

bull To deter others from using your

inventionOctober 14 2017 15

What happens if you do not protect

your inventions

bull Somebody else might patent

them

bull Competitors will take advantage

of your invention

bull Possibilities to license sell or

transfer technology will be

severely hindered

bull Time effort labour will be lost

bull Funders will be discouraged

October 14 2017 16

Creator has Two Options

October 14 2017 17

IPRIndustrial Property

PatentIndustrial Design

TrademarkGeographical Indications (GI)

Lay-out Design of Integrated Circuits

Undisclosed information including trade secrets and test data

Artistic amp Literary Property

Copyright

Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database

Integrated Circuit

Plant Breedersrsquo Right (PBR)

CLASSIFICATION OF IPR

October 14 2017 18

Each type of protection and what it

protectsbull Patents (utilitydesign) protect Inventions

bull Trademarks protect Identifying Signs amp Symbols

bull Designs protect Ornamental Design of Product

bull GIs protect Identifying place names with product

bull Trade Secrets protect Confidential Information

bull Copyrights protect Creative Expressions of Creators

bull PBRs protect DUS plant variety

bull IC layout designs protect Original design of IC

bull Databases protect Uniqueness of databaseOctober 14 2017 19

Coca-Coal with Different IPR

John Pemberton inventor

bull Design

bull Patent (Trade Secret)

bull Trade Mark

bull Copyright

October 14 2017 20

Different IPR in iPhone7

Trade marks

Patent

Design

Copyright

Trade Secret

October 14 2017 21

October 14 2017 22

Basics of a Patent

What is a patentA patent is an exclusive right granted

by the State for an invention to the inventor

In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application

Protection + Disclosure

Patent is a bargain between inventor amp

the state

bull Patent is a negativeright

bull It gives its owner theexclusive right

bull Granted by the nationalpatent office Generallyfor 20 years

bull Territorial right

bull There is no

international patent

bull Both Product amp Processpatent is allowed in India

bull Unity of Invention (oneinvention in one patent)

bull First to File (FIF) System

October 14 2017 23

Patent system

Patent Protection

to the inventor

Disclosure of the

invention to IPO

Patenteersquos interest Public interest

October 14 2017 24

Criteria to get a PatentThere are 3 criteria to get a patent

1 Invention has to be Novel

2 Invention has inventive steps

3 Invention must have industrial application

For patenting microorganisms inventor

shall deposit biological materials to an

authorized depositary institution as notified

by the governmentOctober 14 2017 25

Rights of a PatenteeTo make use exercise sell or distribute an

Invented Article or Process in India

bull Right can be shared licensed or sold

bull Right to initiate Legal Proceedingsagainst Infringement

bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent

October 14 2017 26

Non-Patentable Inventionsbull Frivolous inventions

bull Inventions contrary to well established

natural laws

Contrary to public order or

Morality

bull Inventions related to atomic energy

Causes serious Prejudice to health or

human animal plant life or

to the environmentOctober 14 2017 27

Contdbull Mere Discovery of a Scientific

Principle or

bull formulation of an Abstract Theory or

bull discovery of any living thing or

bull discovery of nonndashliving substanceoccurring in nature

bull Patent on plant animals amp naturally

occurring microorganisms

bull TK is not patentable

October 14 2017 28

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

October 14 2017 4

Creation of New Idea (Invention)

Conceptualization of New Idea (Decision to

innovate)

Commercialization of New Idea (Innovation) (many stages)

Diffusion in the SocietyOctober 14 2017 5

Valley of Death

October 14 2017 6

Primary Players in Global innovation

7Indiarsquos Position in GII 2016 is 66th It was 81st in 2015 October 14 2017

Creativity protected by IP

From Morning to Night

October 14 2017 8

IPR as an Umbrella Protecting your

Creativity

October 14 2017 9

What is IPR

bull What is property

bull What is Intellectual property (IP)

bull What is Intellectual Property Rights(IPR)

October 14 2017 10

Property

bull The primary definition in the Oxford English Dictionary states

that lsquoproperrsquo means lsquobelonging to oneself or itself

bull Generally it has 3 understandings

bull Scientific Understandings

bull Properties are attributes characteristics or qualitiesthat can be applied generally to a group of objects

bull Legal Understandings

bull Property is the inclusion of rights of exclusive use andalienability

bull Economic Understandings

bull Property includes all rights of individuals to valuableresources

11October 14 2017

Rights of A Property Owner

bull Right to own

bull Right to exclusive use

bull Right to disallow others from its use

bull Right to sell

bull Right to transfer

bull Right to donate

bull Right to rent

bull Right to lend

bull Right to derive profit out of it

bull Property involves abundle of rights

bull The entire bundle canbe held by one personor divided amongmultiple parties

bull Property rights conferpower

October 14 2017 12

Types of Property

bull The tangible propertyincludes physicalobjects such as landhousehold goods caretc

bull The intangible propertyincludes a list ofproducts of humanintellect such aspatents copyrighttrademarks andindustrial designs etc

13October 14 2017

IP IPR

bull Intellectual property (IP)

deals with the creations

of the human intellect and

protects the creations of

the human mind the

human intellect This is

why this kind of property

is called ldquointellectual

propertyrdquo

bull Intellectual property rights(IPR) are the rights awardedby society to individuals ororganizations principallyover Intellectual Propertyie creative worksinventions literary andartistic works and symbolsnames images anddesigns used in commerceThey give the creator theright to prevent others frommaking unauthorized use oftheir property for a limitedperiod

14October 14 2017

Why IP is required bull To protect your Creativity Invention

bull To get an economic return on funding

invested in R amp D

bull To get a reward or recognition as it is the

fruit of your hard labour effort and time

bull To own your inventioncreative works

bull To create of an intellectual asset for

licensing or selling

bull To deter others from using your

inventionOctober 14 2017 15

What happens if you do not protect

your inventions

bull Somebody else might patent

them

bull Competitors will take advantage

of your invention

bull Possibilities to license sell or

transfer technology will be

severely hindered

bull Time effort labour will be lost

bull Funders will be discouraged

October 14 2017 16

Creator has Two Options

October 14 2017 17

IPRIndustrial Property

PatentIndustrial Design

TrademarkGeographical Indications (GI)

Lay-out Design of Integrated Circuits

Undisclosed information including trade secrets and test data

Artistic amp Literary Property

Copyright

Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database

Integrated Circuit

Plant Breedersrsquo Right (PBR)

CLASSIFICATION OF IPR

October 14 2017 18

Each type of protection and what it

protectsbull Patents (utilitydesign) protect Inventions

bull Trademarks protect Identifying Signs amp Symbols

bull Designs protect Ornamental Design of Product

bull GIs protect Identifying place names with product

bull Trade Secrets protect Confidential Information

bull Copyrights protect Creative Expressions of Creators

bull PBRs protect DUS plant variety

bull IC layout designs protect Original design of IC

bull Databases protect Uniqueness of databaseOctober 14 2017 19

Coca-Coal with Different IPR

John Pemberton inventor

bull Design

bull Patent (Trade Secret)

bull Trade Mark

bull Copyright

October 14 2017 20

Different IPR in iPhone7

Trade marks

Patent

Design

Copyright

Trade Secret

October 14 2017 21

October 14 2017 22

Basics of a Patent

What is a patentA patent is an exclusive right granted

by the State for an invention to the inventor

In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application

Protection + Disclosure

Patent is a bargain between inventor amp

the state

bull Patent is a negativeright

bull It gives its owner theexclusive right

bull Granted by the nationalpatent office Generallyfor 20 years

bull Territorial right

bull There is no

international patent

bull Both Product amp Processpatent is allowed in India

bull Unity of Invention (oneinvention in one patent)

bull First to File (FIF) System

October 14 2017 23

Patent system

Patent Protection

to the inventor

Disclosure of the

invention to IPO

Patenteersquos interest Public interest

October 14 2017 24

Criteria to get a PatentThere are 3 criteria to get a patent

1 Invention has to be Novel

2 Invention has inventive steps

3 Invention must have industrial application

For patenting microorganisms inventor

shall deposit biological materials to an

authorized depositary institution as notified

by the governmentOctober 14 2017 25

Rights of a PatenteeTo make use exercise sell or distribute an

Invented Article or Process in India

bull Right can be shared licensed or sold

bull Right to initiate Legal Proceedingsagainst Infringement

bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent

October 14 2017 26

Non-Patentable Inventionsbull Frivolous inventions

bull Inventions contrary to well established

natural laws

Contrary to public order or

Morality

bull Inventions related to atomic energy

Causes serious Prejudice to health or

human animal plant life or

to the environmentOctober 14 2017 27

Contdbull Mere Discovery of a Scientific

Principle or

bull formulation of an Abstract Theory or

bull discovery of any living thing or

bull discovery of nonndashliving substanceoccurring in nature

bull Patent on plant animals amp naturally

occurring microorganisms

bull TK is not patentable

October 14 2017 28

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Creation of New Idea (Invention)

Conceptualization of New Idea (Decision to

innovate)

Commercialization of New Idea (Innovation) (many stages)

Diffusion in the SocietyOctober 14 2017 5

Valley of Death

October 14 2017 6

Primary Players in Global innovation

7Indiarsquos Position in GII 2016 is 66th It was 81st in 2015 October 14 2017

Creativity protected by IP

From Morning to Night

October 14 2017 8

IPR as an Umbrella Protecting your

Creativity

October 14 2017 9

What is IPR

bull What is property

bull What is Intellectual property (IP)

bull What is Intellectual Property Rights(IPR)

October 14 2017 10

Property

bull The primary definition in the Oxford English Dictionary states

that lsquoproperrsquo means lsquobelonging to oneself or itself

bull Generally it has 3 understandings

bull Scientific Understandings

bull Properties are attributes characteristics or qualitiesthat can be applied generally to a group of objects

bull Legal Understandings

bull Property is the inclusion of rights of exclusive use andalienability

bull Economic Understandings

bull Property includes all rights of individuals to valuableresources

11October 14 2017

Rights of A Property Owner

bull Right to own

bull Right to exclusive use

bull Right to disallow others from its use

bull Right to sell

bull Right to transfer

bull Right to donate

bull Right to rent

bull Right to lend

bull Right to derive profit out of it

bull Property involves abundle of rights

bull The entire bundle canbe held by one personor divided amongmultiple parties

bull Property rights conferpower

October 14 2017 12

Types of Property

bull The tangible propertyincludes physicalobjects such as landhousehold goods caretc

bull The intangible propertyincludes a list ofproducts of humanintellect such aspatents copyrighttrademarks andindustrial designs etc

13October 14 2017

IP IPR

bull Intellectual property (IP)

deals with the creations

of the human intellect and

protects the creations of

the human mind the

human intellect This is

why this kind of property

is called ldquointellectual

propertyrdquo

bull Intellectual property rights(IPR) are the rights awardedby society to individuals ororganizations principallyover Intellectual Propertyie creative worksinventions literary andartistic works and symbolsnames images anddesigns used in commerceThey give the creator theright to prevent others frommaking unauthorized use oftheir property for a limitedperiod

14October 14 2017

Why IP is required bull To protect your Creativity Invention

bull To get an economic return on funding

invested in R amp D

bull To get a reward or recognition as it is the

fruit of your hard labour effort and time

bull To own your inventioncreative works

bull To create of an intellectual asset for

licensing or selling

bull To deter others from using your

inventionOctober 14 2017 15

What happens if you do not protect

your inventions

bull Somebody else might patent

them

bull Competitors will take advantage

of your invention

bull Possibilities to license sell or

transfer technology will be

severely hindered

bull Time effort labour will be lost

bull Funders will be discouraged

October 14 2017 16

Creator has Two Options

October 14 2017 17

IPRIndustrial Property

PatentIndustrial Design

TrademarkGeographical Indications (GI)

Lay-out Design of Integrated Circuits

Undisclosed information including trade secrets and test data

Artistic amp Literary Property

Copyright

Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database

Integrated Circuit

Plant Breedersrsquo Right (PBR)

CLASSIFICATION OF IPR

October 14 2017 18

Each type of protection and what it

protectsbull Patents (utilitydesign) protect Inventions

bull Trademarks protect Identifying Signs amp Symbols

bull Designs protect Ornamental Design of Product

bull GIs protect Identifying place names with product

bull Trade Secrets protect Confidential Information

bull Copyrights protect Creative Expressions of Creators

bull PBRs protect DUS plant variety

bull IC layout designs protect Original design of IC

bull Databases protect Uniqueness of databaseOctober 14 2017 19

Coca-Coal with Different IPR

John Pemberton inventor

bull Design

bull Patent (Trade Secret)

bull Trade Mark

bull Copyright

October 14 2017 20

Different IPR in iPhone7

Trade marks

Patent

Design

Copyright

Trade Secret

October 14 2017 21

October 14 2017 22

Basics of a Patent

What is a patentA patent is an exclusive right granted

by the State for an invention to the inventor

In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application

Protection + Disclosure

Patent is a bargain between inventor amp

the state

bull Patent is a negativeright

bull It gives its owner theexclusive right

bull Granted by the nationalpatent office Generallyfor 20 years

bull Territorial right

bull There is no

international patent

bull Both Product amp Processpatent is allowed in India

bull Unity of Invention (oneinvention in one patent)

bull First to File (FIF) System

October 14 2017 23

Patent system

Patent Protection

to the inventor

Disclosure of the

invention to IPO

Patenteersquos interest Public interest

October 14 2017 24

Criteria to get a PatentThere are 3 criteria to get a patent

1 Invention has to be Novel

2 Invention has inventive steps

3 Invention must have industrial application

For patenting microorganisms inventor

shall deposit biological materials to an

authorized depositary institution as notified

by the governmentOctober 14 2017 25

Rights of a PatenteeTo make use exercise sell or distribute an

Invented Article or Process in India

bull Right can be shared licensed or sold

bull Right to initiate Legal Proceedingsagainst Infringement

bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent

October 14 2017 26

Non-Patentable Inventionsbull Frivolous inventions

bull Inventions contrary to well established

natural laws

Contrary to public order or

Morality

bull Inventions related to atomic energy

Causes serious Prejudice to health or

human animal plant life or

to the environmentOctober 14 2017 27

Contdbull Mere Discovery of a Scientific

Principle or

bull formulation of an Abstract Theory or

bull discovery of any living thing or

bull discovery of nonndashliving substanceoccurring in nature

bull Patent on plant animals amp naturally

occurring microorganisms

bull TK is not patentable

October 14 2017 28

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Valley of Death

October 14 2017 6

Primary Players in Global innovation

7Indiarsquos Position in GII 2016 is 66th It was 81st in 2015 October 14 2017

Creativity protected by IP

From Morning to Night

October 14 2017 8

IPR as an Umbrella Protecting your

Creativity

October 14 2017 9

What is IPR

bull What is property

bull What is Intellectual property (IP)

bull What is Intellectual Property Rights(IPR)

October 14 2017 10

Property

bull The primary definition in the Oxford English Dictionary states

that lsquoproperrsquo means lsquobelonging to oneself or itself

bull Generally it has 3 understandings

bull Scientific Understandings

bull Properties are attributes characteristics or qualitiesthat can be applied generally to a group of objects

bull Legal Understandings

bull Property is the inclusion of rights of exclusive use andalienability

bull Economic Understandings

bull Property includes all rights of individuals to valuableresources

11October 14 2017

Rights of A Property Owner

bull Right to own

bull Right to exclusive use

bull Right to disallow others from its use

bull Right to sell

bull Right to transfer

bull Right to donate

bull Right to rent

bull Right to lend

bull Right to derive profit out of it

bull Property involves abundle of rights

bull The entire bundle canbe held by one personor divided amongmultiple parties

bull Property rights conferpower

October 14 2017 12

Types of Property

bull The tangible propertyincludes physicalobjects such as landhousehold goods caretc

bull The intangible propertyincludes a list ofproducts of humanintellect such aspatents copyrighttrademarks andindustrial designs etc

13October 14 2017

IP IPR

bull Intellectual property (IP)

deals with the creations

of the human intellect and

protects the creations of

the human mind the

human intellect This is

why this kind of property

is called ldquointellectual

propertyrdquo

bull Intellectual property rights(IPR) are the rights awardedby society to individuals ororganizations principallyover Intellectual Propertyie creative worksinventions literary andartistic works and symbolsnames images anddesigns used in commerceThey give the creator theright to prevent others frommaking unauthorized use oftheir property for a limitedperiod

14October 14 2017

Why IP is required bull To protect your Creativity Invention

bull To get an economic return on funding

invested in R amp D

bull To get a reward or recognition as it is the

fruit of your hard labour effort and time

bull To own your inventioncreative works

bull To create of an intellectual asset for

licensing or selling

bull To deter others from using your

inventionOctober 14 2017 15

What happens if you do not protect

your inventions

bull Somebody else might patent

them

bull Competitors will take advantage

of your invention

bull Possibilities to license sell or

transfer technology will be

severely hindered

bull Time effort labour will be lost

bull Funders will be discouraged

October 14 2017 16

Creator has Two Options

October 14 2017 17

IPRIndustrial Property

PatentIndustrial Design

TrademarkGeographical Indications (GI)

Lay-out Design of Integrated Circuits

Undisclosed information including trade secrets and test data

Artistic amp Literary Property

Copyright

Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database

Integrated Circuit

Plant Breedersrsquo Right (PBR)

CLASSIFICATION OF IPR

October 14 2017 18

Each type of protection and what it

protectsbull Patents (utilitydesign) protect Inventions

bull Trademarks protect Identifying Signs amp Symbols

bull Designs protect Ornamental Design of Product

bull GIs protect Identifying place names with product

bull Trade Secrets protect Confidential Information

bull Copyrights protect Creative Expressions of Creators

bull PBRs protect DUS plant variety

bull IC layout designs protect Original design of IC

bull Databases protect Uniqueness of databaseOctober 14 2017 19

Coca-Coal with Different IPR

John Pemberton inventor

bull Design

bull Patent (Trade Secret)

bull Trade Mark

bull Copyright

October 14 2017 20

Different IPR in iPhone7

Trade marks

Patent

Design

Copyright

Trade Secret

October 14 2017 21

October 14 2017 22

Basics of a Patent

What is a patentA patent is an exclusive right granted

by the State for an invention to the inventor

In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application

Protection + Disclosure

Patent is a bargain between inventor amp

the state

bull Patent is a negativeright

bull It gives its owner theexclusive right

bull Granted by the nationalpatent office Generallyfor 20 years

bull Territorial right

bull There is no

international patent

bull Both Product amp Processpatent is allowed in India

bull Unity of Invention (oneinvention in one patent)

bull First to File (FIF) System

October 14 2017 23

Patent system

Patent Protection

to the inventor

Disclosure of the

invention to IPO

Patenteersquos interest Public interest

October 14 2017 24

Criteria to get a PatentThere are 3 criteria to get a patent

1 Invention has to be Novel

2 Invention has inventive steps

3 Invention must have industrial application

For patenting microorganisms inventor

shall deposit biological materials to an

authorized depositary institution as notified

by the governmentOctober 14 2017 25

Rights of a PatenteeTo make use exercise sell or distribute an

Invented Article or Process in India

bull Right can be shared licensed or sold

bull Right to initiate Legal Proceedingsagainst Infringement

bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent

October 14 2017 26

Non-Patentable Inventionsbull Frivolous inventions

bull Inventions contrary to well established

natural laws

Contrary to public order or

Morality

bull Inventions related to atomic energy

Causes serious Prejudice to health or

human animal plant life or

to the environmentOctober 14 2017 27

Contdbull Mere Discovery of a Scientific

Principle or

bull formulation of an Abstract Theory or

bull discovery of any living thing or

bull discovery of nonndashliving substanceoccurring in nature

bull Patent on plant animals amp naturally

occurring microorganisms

bull TK is not patentable

October 14 2017 28

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Primary Players in Global innovation

7Indiarsquos Position in GII 2016 is 66th It was 81st in 2015 October 14 2017

Creativity protected by IP

From Morning to Night

October 14 2017 8

IPR as an Umbrella Protecting your

Creativity

October 14 2017 9

What is IPR

bull What is property

bull What is Intellectual property (IP)

bull What is Intellectual Property Rights(IPR)

October 14 2017 10

Property

bull The primary definition in the Oxford English Dictionary states

that lsquoproperrsquo means lsquobelonging to oneself or itself

bull Generally it has 3 understandings

bull Scientific Understandings

bull Properties are attributes characteristics or qualitiesthat can be applied generally to a group of objects

bull Legal Understandings

bull Property is the inclusion of rights of exclusive use andalienability

bull Economic Understandings

bull Property includes all rights of individuals to valuableresources

11October 14 2017

Rights of A Property Owner

bull Right to own

bull Right to exclusive use

bull Right to disallow others from its use

bull Right to sell

bull Right to transfer

bull Right to donate

bull Right to rent

bull Right to lend

bull Right to derive profit out of it

bull Property involves abundle of rights

bull The entire bundle canbe held by one personor divided amongmultiple parties

bull Property rights conferpower

October 14 2017 12

Types of Property

bull The tangible propertyincludes physicalobjects such as landhousehold goods caretc

bull The intangible propertyincludes a list ofproducts of humanintellect such aspatents copyrighttrademarks andindustrial designs etc

13October 14 2017

IP IPR

bull Intellectual property (IP)

deals with the creations

of the human intellect and

protects the creations of

the human mind the

human intellect This is

why this kind of property

is called ldquointellectual

propertyrdquo

bull Intellectual property rights(IPR) are the rights awardedby society to individuals ororganizations principallyover Intellectual Propertyie creative worksinventions literary andartistic works and symbolsnames images anddesigns used in commerceThey give the creator theright to prevent others frommaking unauthorized use oftheir property for a limitedperiod

14October 14 2017

Why IP is required bull To protect your Creativity Invention

bull To get an economic return on funding

invested in R amp D

bull To get a reward or recognition as it is the

fruit of your hard labour effort and time

bull To own your inventioncreative works

bull To create of an intellectual asset for

licensing or selling

bull To deter others from using your

inventionOctober 14 2017 15

What happens if you do not protect

your inventions

bull Somebody else might patent

them

bull Competitors will take advantage

of your invention

bull Possibilities to license sell or

transfer technology will be

severely hindered

bull Time effort labour will be lost

bull Funders will be discouraged

October 14 2017 16

Creator has Two Options

October 14 2017 17

IPRIndustrial Property

PatentIndustrial Design

TrademarkGeographical Indications (GI)

Lay-out Design of Integrated Circuits

Undisclosed information including trade secrets and test data

Artistic amp Literary Property

Copyright

Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database

Integrated Circuit

Plant Breedersrsquo Right (PBR)

CLASSIFICATION OF IPR

October 14 2017 18

Each type of protection and what it

protectsbull Patents (utilitydesign) protect Inventions

bull Trademarks protect Identifying Signs amp Symbols

bull Designs protect Ornamental Design of Product

bull GIs protect Identifying place names with product

bull Trade Secrets protect Confidential Information

bull Copyrights protect Creative Expressions of Creators

bull PBRs protect DUS plant variety

bull IC layout designs protect Original design of IC

bull Databases protect Uniqueness of databaseOctober 14 2017 19

Coca-Coal with Different IPR

John Pemberton inventor

bull Design

bull Patent (Trade Secret)

bull Trade Mark

bull Copyright

October 14 2017 20

Different IPR in iPhone7

Trade marks

Patent

Design

Copyright

Trade Secret

October 14 2017 21

October 14 2017 22

Basics of a Patent

What is a patentA patent is an exclusive right granted

by the State for an invention to the inventor

In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application

Protection + Disclosure

Patent is a bargain between inventor amp

the state

bull Patent is a negativeright

bull It gives its owner theexclusive right

bull Granted by the nationalpatent office Generallyfor 20 years

bull Territorial right

bull There is no

international patent

bull Both Product amp Processpatent is allowed in India

bull Unity of Invention (oneinvention in one patent)

bull First to File (FIF) System

October 14 2017 23

Patent system

Patent Protection

to the inventor

Disclosure of the

invention to IPO

Patenteersquos interest Public interest

October 14 2017 24

Criteria to get a PatentThere are 3 criteria to get a patent

1 Invention has to be Novel

2 Invention has inventive steps

3 Invention must have industrial application

For patenting microorganisms inventor

shall deposit biological materials to an

authorized depositary institution as notified

by the governmentOctober 14 2017 25

Rights of a PatenteeTo make use exercise sell or distribute an

Invented Article or Process in India

bull Right can be shared licensed or sold

bull Right to initiate Legal Proceedingsagainst Infringement

bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent

October 14 2017 26

Non-Patentable Inventionsbull Frivolous inventions

bull Inventions contrary to well established

natural laws

Contrary to public order or

Morality

bull Inventions related to atomic energy

Causes serious Prejudice to health or

human animal plant life or

to the environmentOctober 14 2017 27

Contdbull Mere Discovery of a Scientific

Principle or

bull formulation of an Abstract Theory or

bull discovery of any living thing or

bull discovery of nonndashliving substanceoccurring in nature

bull Patent on plant animals amp naturally

occurring microorganisms

bull TK is not patentable

October 14 2017 28

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Creativity protected by IP

From Morning to Night

October 14 2017 8

IPR as an Umbrella Protecting your

Creativity

October 14 2017 9

What is IPR

bull What is property

bull What is Intellectual property (IP)

bull What is Intellectual Property Rights(IPR)

October 14 2017 10

Property

bull The primary definition in the Oxford English Dictionary states

that lsquoproperrsquo means lsquobelonging to oneself or itself

bull Generally it has 3 understandings

bull Scientific Understandings

bull Properties are attributes characteristics or qualitiesthat can be applied generally to a group of objects

bull Legal Understandings

bull Property is the inclusion of rights of exclusive use andalienability

bull Economic Understandings

bull Property includes all rights of individuals to valuableresources

11October 14 2017

Rights of A Property Owner

bull Right to own

bull Right to exclusive use

bull Right to disallow others from its use

bull Right to sell

bull Right to transfer

bull Right to donate

bull Right to rent

bull Right to lend

bull Right to derive profit out of it

bull Property involves abundle of rights

bull The entire bundle canbe held by one personor divided amongmultiple parties

bull Property rights conferpower

October 14 2017 12

Types of Property

bull The tangible propertyincludes physicalobjects such as landhousehold goods caretc

bull The intangible propertyincludes a list ofproducts of humanintellect such aspatents copyrighttrademarks andindustrial designs etc

13October 14 2017

IP IPR

bull Intellectual property (IP)

deals with the creations

of the human intellect and

protects the creations of

the human mind the

human intellect This is

why this kind of property

is called ldquointellectual

propertyrdquo

bull Intellectual property rights(IPR) are the rights awardedby society to individuals ororganizations principallyover Intellectual Propertyie creative worksinventions literary andartistic works and symbolsnames images anddesigns used in commerceThey give the creator theright to prevent others frommaking unauthorized use oftheir property for a limitedperiod

14October 14 2017

Why IP is required bull To protect your Creativity Invention

bull To get an economic return on funding

invested in R amp D

bull To get a reward or recognition as it is the

fruit of your hard labour effort and time

bull To own your inventioncreative works

bull To create of an intellectual asset for

licensing or selling

bull To deter others from using your

inventionOctober 14 2017 15

What happens if you do not protect

your inventions

bull Somebody else might patent

them

bull Competitors will take advantage

of your invention

bull Possibilities to license sell or

transfer technology will be

severely hindered

bull Time effort labour will be lost

bull Funders will be discouraged

October 14 2017 16

Creator has Two Options

October 14 2017 17

IPRIndustrial Property

PatentIndustrial Design

TrademarkGeographical Indications (GI)

Lay-out Design of Integrated Circuits

Undisclosed information including trade secrets and test data

Artistic amp Literary Property

Copyright

Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database

Integrated Circuit

Plant Breedersrsquo Right (PBR)

CLASSIFICATION OF IPR

October 14 2017 18

Each type of protection and what it

protectsbull Patents (utilitydesign) protect Inventions

bull Trademarks protect Identifying Signs amp Symbols

bull Designs protect Ornamental Design of Product

bull GIs protect Identifying place names with product

bull Trade Secrets protect Confidential Information

bull Copyrights protect Creative Expressions of Creators

bull PBRs protect DUS plant variety

bull IC layout designs protect Original design of IC

bull Databases protect Uniqueness of databaseOctober 14 2017 19

Coca-Coal with Different IPR

John Pemberton inventor

bull Design

bull Patent (Trade Secret)

bull Trade Mark

bull Copyright

October 14 2017 20

Different IPR in iPhone7

Trade marks

Patent

Design

Copyright

Trade Secret

October 14 2017 21

October 14 2017 22

Basics of a Patent

What is a patentA patent is an exclusive right granted

by the State for an invention to the inventor

In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application

Protection + Disclosure

Patent is a bargain between inventor amp

the state

bull Patent is a negativeright

bull It gives its owner theexclusive right

bull Granted by the nationalpatent office Generallyfor 20 years

bull Territorial right

bull There is no

international patent

bull Both Product amp Processpatent is allowed in India

bull Unity of Invention (oneinvention in one patent)

bull First to File (FIF) System

October 14 2017 23

Patent system

Patent Protection

to the inventor

Disclosure of the

invention to IPO

Patenteersquos interest Public interest

October 14 2017 24

Criteria to get a PatentThere are 3 criteria to get a patent

1 Invention has to be Novel

2 Invention has inventive steps

3 Invention must have industrial application

For patenting microorganisms inventor

shall deposit biological materials to an

authorized depositary institution as notified

by the governmentOctober 14 2017 25

Rights of a PatenteeTo make use exercise sell or distribute an

Invented Article or Process in India

bull Right can be shared licensed or sold

bull Right to initiate Legal Proceedingsagainst Infringement

bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent

October 14 2017 26

Non-Patentable Inventionsbull Frivolous inventions

bull Inventions contrary to well established

natural laws

Contrary to public order or

Morality

bull Inventions related to atomic energy

Causes serious Prejudice to health or

human animal plant life or

to the environmentOctober 14 2017 27

Contdbull Mere Discovery of a Scientific

Principle or

bull formulation of an Abstract Theory or

bull discovery of any living thing or

bull discovery of nonndashliving substanceoccurring in nature

bull Patent on plant animals amp naturally

occurring microorganisms

bull TK is not patentable

October 14 2017 28

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

IPR as an Umbrella Protecting your

Creativity

October 14 2017 9

What is IPR

bull What is property

bull What is Intellectual property (IP)

bull What is Intellectual Property Rights(IPR)

October 14 2017 10

Property

bull The primary definition in the Oxford English Dictionary states

that lsquoproperrsquo means lsquobelonging to oneself or itself

bull Generally it has 3 understandings

bull Scientific Understandings

bull Properties are attributes characteristics or qualitiesthat can be applied generally to a group of objects

bull Legal Understandings

bull Property is the inclusion of rights of exclusive use andalienability

bull Economic Understandings

bull Property includes all rights of individuals to valuableresources

11October 14 2017

Rights of A Property Owner

bull Right to own

bull Right to exclusive use

bull Right to disallow others from its use

bull Right to sell

bull Right to transfer

bull Right to donate

bull Right to rent

bull Right to lend

bull Right to derive profit out of it

bull Property involves abundle of rights

bull The entire bundle canbe held by one personor divided amongmultiple parties

bull Property rights conferpower

October 14 2017 12

Types of Property

bull The tangible propertyincludes physicalobjects such as landhousehold goods caretc

bull The intangible propertyincludes a list ofproducts of humanintellect such aspatents copyrighttrademarks andindustrial designs etc

13October 14 2017

IP IPR

bull Intellectual property (IP)

deals with the creations

of the human intellect and

protects the creations of

the human mind the

human intellect This is

why this kind of property

is called ldquointellectual

propertyrdquo

bull Intellectual property rights(IPR) are the rights awardedby society to individuals ororganizations principallyover Intellectual Propertyie creative worksinventions literary andartistic works and symbolsnames images anddesigns used in commerceThey give the creator theright to prevent others frommaking unauthorized use oftheir property for a limitedperiod

14October 14 2017

Why IP is required bull To protect your Creativity Invention

bull To get an economic return on funding

invested in R amp D

bull To get a reward or recognition as it is the

fruit of your hard labour effort and time

bull To own your inventioncreative works

bull To create of an intellectual asset for

licensing or selling

bull To deter others from using your

inventionOctober 14 2017 15

What happens if you do not protect

your inventions

bull Somebody else might patent

them

bull Competitors will take advantage

of your invention

bull Possibilities to license sell or

transfer technology will be

severely hindered

bull Time effort labour will be lost

bull Funders will be discouraged

October 14 2017 16

Creator has Two Options

October 14 2017 17

IPRIndustrial Property

PatentIndustrial Design

TrademarkGeographical Indications (GI)

Lay-out Design of Integrated Circuits

Undisclosed information including trade secrets and test data

Artistic amp Literary Property

Copyright

Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database

Integrated Circuit

Plant Breedersrsquo Right (PBR)

CLASSIFICATION OF IPR

October 14 2017 18

Each type of protection and what it

protectsbull Patents (utilitydesign) protect Inventions

bull Trademarks protect Identifying Signs amp Symbols

bull Designs protect Ornamental Design of Product

bull GIs protect Identifying place names with product

bull Trade Secrets protect Confidential Information

bull Copyrights protect Creative Expressions of Creators

bull PBRs protect DUS plant variety

bull IC layout designs protect Original design of IC

bull Databases protect Uniqueness of databaseOctober 14 2017 19

Coca-Coal with Different IPR

John Pemberton inventor

bull Design

bull Patent (Trade Secret)

bull Trade Mark

bull Copyright

October 14 2017 20

Different IPR in iPhone7

Trade marks

Patent

Design

Copyright

Trade Secret

October 14 2017 21

October 14 2017 22

Basics of a Patent

What is a patentA patent is an exclusive right granted

by the State for an invention to the inventor

In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application

Protection + Disclosure

Patent is a bargain between inventor amp

the state

bull Patent is a negativeright

bull It gives its owner theexclusive right

bull Granted by the nationalpatent office Generallyfor 20 years

bull Territorial right

bull There is no

international patent

bull Both Product amp Processpatent is allowed in India

bull Unity of Invention (oneinvention in one patent)

bull First to File (FIF) System

October 14 2017 23

Patent system

Patent Protection

to the inventor

Disclosure of the

invention to IPO

Patenteersquos interest Public interest

October 14 2017 24

Criteria to get a PatentThere are 3 criteria to get a patent

1 Invention has to be Novel

2 Invention has inventive steps

3 Invention must have industrial application

For patenting microorganisms inventor

shall deposit biological materials to an

authorized depositary institution as notified

by the governmentOctober 14 2017 25

Rights of a PatenteeTo make use exercise sell or distribute an

Invented Article or Process in India

bull Right can be shared licensed or sold

bull Right to initiate Legal Proceedingsagainst Infringement

bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent

October 14 2017 26

Non-Patentable Inventionsbull Frivolous inventions

bull Inventions contrary to well established

natural laws

Contrary to public order or

Morality

bull Inventions related to atomic energy

Causes serious Prejudice to health or

human animal plant life or

to the environmentOctober 14 2017 27

Contdbull Mere Discovery of a Scientific

Principle or

bull formulation of an Abstract Theory or

bull discovery of any living thing or

bull discovery of nonndashliving substanceoccurring in nature

bull Patent on plant animals amp naturally

occurring microorganisms

bull TK is not patentable

October 14 2017 28

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

What is IPR

bull What is property

bull What is Intellectual property (IP)

bull What is Intellectual Property Rights(IPR)

October 14 2017 10

Property

bull The primary definition in the Oxford English Dictionary states

that lsquoproperrsquo means lsquobelonging to oneself or itself

bull Generally it has 3 understandings

bull Scientific Understandings

bull Properties are attributes characteristics or qualitiesthat can be applied generally to a group of objects

bull Legal Understandings

bull Property is the inclusion of rights of exclusive use andalienability

bull Economic Understandings

bull Property includes all rights of individuals to valuableresources

11October 14 2017

Rights of A Property Owner

bull Right to own

bull Right to exclusive use

bull Right to disallow others from its use

bull Right to sell

bull Right to transfer

bull Right to donate

bull Right to rent

bull Right to lend

bull Right to derive profit out of it

bull Property involves abundle of rights

bull The entire bundle canbe held by one personor divided amongmultiple parties

bull Property rights conferpower

October 14 2017 12

Types of Property

bull The tangible propertyincludes physicalobjects such as landhousehold goods caretc

bull The intangible propertyincludes a list ofproducts of humanintellect such aspatents copyrighttrademarks andindustrial designs etc

13October 14 2017

IP IPR

bull Intellectual property (IP)

deals with the creations

of the human intellect and

protects the creations of

the human mind the

human intellect This is

why this kind of property

is called ldquointellectual

propertyrdquo

bull Intellectual property rights(IPR) are the rights awardedby society to individuals ororganizations principallyover Intellectual Propertyie creative worksinventions literary andartistic works and symbolsnames images anddesigns used in commerceThey give the creator theright to prevent others frommaking unauthorized use oftheir property for a limitedperiod

14October 14 2017

Why IP is required bull To protect your Creativity Invention

bull To get an economic return on funding

invested in R amp D

bull To get a reward or recognition as it is the

fruit of your hard labour effort and time

bull To own your inventioncreative works

bull To create of an intellectual asset for

licensing or selling

bull To deter others from using your

inventionOctober 14 2017 15

What happens if you do not protect

your inventions

bull Somebody else might patent

them

bull Competitors will take advantage

of your invention

bull Possibilities to license sell or

transfer technology will be

severely hindered

bull Time effort labour will be lost

bull Funders will be discouraged

October 14 2017 16

Creator has Two Options

October 14 2017 17

IPRIndustrial Property

PatentIndustrial Design

TrademarkGeographical Indications (GI)

Lay-out Design of Integrated Circuits

Undisclosed information including trade secrets and test data

Artistic amp Literary Property

Copyright

Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database

Integrated Circuit

Plant Breedersrsquo Right (PBR)

CLASSIFICATION OF IPR

October 14 2017 18

Each type of protection and what it

protectsbull Patents (utilitydesign) protect Inventions

bull Trademarks protect Identifying Signs amp Symbols

bull Designs protect Ornamental Design of Product

bull GIs protect Identifying place names with product

bull Trade Secrets protect Confidential Information

bull Copyrights protect Creative Expressions of Creators

bull PBRs protect DUS plant variety

bull IC layout designs protect Original design of IC

bull Databases protect Uniqueness of databaseOctober 14 2017 19

Coca-Coal with Different IPR

John Pemberton inventor

bull Design

bull Patent (Trade Secret)

bull Trade Mark

bull Copyright

October 14 2017 20

Different IPR in iPhone7

Trade marks

Patent

Design

Copyright

Trade Secret

October 14 2017 21

October 14 2017 22

Basics of a Patent

What is a patentA patent is an exclusive right granted

by the State for an invention to the inventor

In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application

Protection + Disclosure

Patent is a bargain between inventor amp

the state

bull Patent is a negativeright

bull It gives its owner theexclusive right

bull Granted by the nationalpatent office Generallyfor 20 years

bull Territorial right

bull There is no

international patent

bull Both Product amp Processpatent is allowed in India

bull Unity of Invention (oneinvention in one patent)

bull First to File (FIF) System

October 14 2017 23

Patent system

Patent Protection

to the inventor

Disclosure of the

invention to IPO

Patenteersquos interest Public interest

October 14 2017 24

Criteria to get a PatentThere are 3 criteria to get a patent

1 Invention has to be Novel

2 Invention has inventive steps

3 Invention must have industrial application

For patenting microorganisms inventor

shall deposit biological materials to an

authorized depositary institution as notified

by the governmentOctober 14 2017 25

Rights of a PatenteeTo make use exercise sell or distribute an

Invented Article or Process in India

bull Right can be shared licensed or sold

bull Right to initiate Legal Proceedingsagainst Infringement

bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent

October 14 2017 26

Non-Patentable Inventionsbull Frivolous inventions

bull Inventions contrary to well established

natural laws

Contrary to public order or

Morality

bull Inventions related to atomic energy

Causes serious Prejudice to health or

human animal plant life or

to the environmentOctober 14 2017 27

Contdbull Mere Discovery of a Scientific

Principle or

bull formulation of an Abstract Theory or

bull discovery of any living thing or

bull discovery of nonndashliving substanceoccurring in nature

bull Patent on plant animals amp naturally

occurring microorganisms

bull TK is not patentable

October 14 2017 28

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Property

bull The primary definition in the Oxford English Dictionary states

that lsquoproperrsquo means lsquobelonging to oneself or itself

bull Generally it has 3 understandings

bull Scientific Understandings

bull Properties are attributes characteristics or qualitiesthat can be applied generally to a group of objects

bull Legal Understandings

bull Property is the inclusion of rights of exclusive use andalienability

bull Economic Understandings

bull Property includes all rights of individuals to valuableresources

11October 14 2017

Rights of A Property Owner

bull Right to own

bull Right to exclusive use

bull Right to disallow others from its use

bull Right to sell

bull Right to transfer

bull Right to donate

bull Right to rent

bull Right to lend

bull Right to derive profit out of it

bull Property involves abundle of rights

bull The entire bundle canbe held by one personor divided amongmultiple parties

bull Property rights conferpower

October 14 2017 12

Types of Property

bull The tangible propertyincludes physicalobjects such as landhousehold goods caretc

bull The intangible propertyincludes a list ofproducts of humanintellect such aspatents copyrighttrademarks andindustrial designs etc

13October 14 2017

IP IPR

bull Intellectual property (IP)

deals with the creations

of the human intellect and

protects the creations of

the human mind the

human intellect This is

why this kind of property

is called ldquointellectual

propertyrdquo

bull Intellectual property rights(IPR) are the rights awardedby society to individuals ororganizations principallyover Intellectual Propertyie creative worksinventions literary andartistic works and symbolsnames images anddesigns used in commerceThey give the creator theright to prevent others frommaking unauthorized use oftheir property for a limitedperiod

14October 14 2017

Why IP is required bull To protect your Creativity Invention

bull To get an economic return on funding

invested in R amp D

bull To get a reward or recognition as it is the

fruit of your hard labour effort and time

bull To own your inventioncreative works

bull To create of an intellectual asset for

licensing or selling

bull To deter others from using your

inventionOctober 14 2017 15

What happens if you do not protect

your inventions

bull Somebody else might patent

them

bull Competitors will take advantage

of your invention

bull Possibilities to license sell or

transfer technology will be

severely hindered

bull Time effort labour will be lost

bull Funders will be discouraged

October 14 2017 16

Creator has Two Options

October 14 2017 17

IPRIndustrial Property

PatentIndustrial Design

TrademarkGeographical Indications (GI)

Lay-out Design of Integrated Circuits

Undisclosed information including trade secrets and test data

Artistic amp Literary Property

Copyright

Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database

Integrated Circuit

Plant Breedersrsquo Right (PBR)

CLASSIFICATION OF IPR

October 14 2017 18

Each type of protection and what it

protectsbull Patents (utilitydesign) protect Inventions

bull Trademarks protect Identifying Signs amp Symbols

bull Designs protect Ornamental Design of Product

bull GIs protect Identifying place names with product

bull Trade Secrets protect Confidential Information

bull Copyrights protect Creative Expressions of Creators

bull PBRs protect DUS plant variety

bull IC layout designs protect Original design of IC

bull Databases protect Uniqueness of databaseOctober 14 2017 19

Coca-Coal with Different IPR

John Pemberton inventor

bull Design

bull Patent (Trade Secret)

bull Trade Mark

bull Copyright

October 14 2017 20

Different IPR in iPhone7

Trade marks

Patent

Design

Copyright

Trade Secret

October 14 2017 21

October 14 2017 22

Basics of a Patent

What is a patentA patent is an exclusive right granted

by the State for an invention to the inventor

In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application

Protection + Disclosure

Patent is a bargain between inventor amp

the state

bull Patent is a negativeright

bull It gives its owner theexclusive right

bull Granted by the nationalpatent office Generallyfor 20 years

bull Territorial right

bull There is no

international patent

bull Both Product amp Processpatent is allowed in India

bull Unity of Invention (oneinvention in one patent)

bull First to File (FIF) System

October 14 2017 23

Patent system

Patent Protection

to the inventor

Disclosure of the

invention to IPO

Patenteersquos interest Public interest

October 14 2017 24

Criteria to get a PatentThere are 3 criteria to get a patent

1 Invention has to be Novel

2 Invention has inventive steps

3 Invention must have industrial application

For patenting microorganisms inventor

shall deposit biological materials to an

authorized depositary institution as notified

by the governmentOctober 14 2017 25

Rights of a PatenteeTo make use exercise sell or distribute an

Invented Article or Process in India

bull Right can be shared licensed or sold

bull Right to initiate Legal Proceedingsagainst Infringement

bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent

October 14 2017 26

Non-Patentable Inventionsbull Frivolous inventions

bull Inventions contrary to well established

natural laws

Contrary to public order or

Morality

bull Inventions related to atomic energy

Causes serious Prejudice to health or

human animal plant life or

to the environmentOctober 14 2017 27

Contdbull Mere Discovery of a Scientific

Principle or

bull formulation of an Abstract Theory or

bull discovery of any living thing or

bull discovery of nonndashliving substanceoccurring in nature

bull Patent on plant animals amp naturally

occurring microorganisms

bull TK is not patentable

October 14 2017 28

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Rights of A Property Owner

bull Right to own

bull Right to exclusive use

bull Right to disallow others from its use

bull Right to sell

bull Right to transfer

bull Right to donate

bull Right to rent

bull Right to lend

bull Right to derive profit out of it

bull Property involves abundle of rights

bull The entire bundle canbe held by one personor divided amongmultiple parties

bull Property rights conferpower

October 14 2017 12

Types of Property

bull The tangible propertyincludes physicalobjects such as landhousehold goods caretc

bull The intangible propertyincludes a list ofproducts of humanintellect such aspatents copyrighttrademarks andindustrial designs etc

13October 14 2017

IP IPR

bull Intellectual property (IP)

deals with the creations

of the human intellect and

protects the creations of

the human mind the

human intellect This is

why this kind of property

is called ldquointellectual

propertyrdquo

bull Intellectual property rights(IPR) are the rights awardedby society to individuals ororganizations principallyover Intellectual Propertyie creative worksinventions literary andartistic works and symbolsnames images anddesigns used in commerceThey give the creator theright to prevent others frommaking unauthorized use oftheir property for a limitedperiod

14October 14 2017

Why IP is required bull To protect your Creativity Invention

bull To get an economic return on funding

invested in R amp D

bull To get a reward or recognition as it is the

fruit of your hard labour effort and time

bull To own your inventioncreative works

bull To create of an intellectual asset for

licensing or selling

bull To deter others from using your

inventionOctober 14 2017 15

What happens if you do not protect

your inventions

bull Somebody else might patent

them

bull Competitors will take advantage

of your invention

bull Possibilities to license sell or

transfer technology will be

severely hindered

bull Time effort labour will be lost

bull Funders will be discouraged

October 14 2017 16

Creator has Two Options

October 14 2017 17

IPRIndustrial Property

PatentIndustrial Design

TrademarkGeographical Indications (GI)

Lay-out Design of Integrated Circuits

Undisclosed information including trade secrets and test data

Artistic amp Literary Property

Copyright

Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database

Integrated Circuit

Plant Breedersrsquo Right (PBR)

CLASSIFICATION OF IPR

October 14 2017 18

Each type of protection and what it

protectsbull Patents (utilitydesign) protect Inventions

bull Trademarks protect Identifying Signs amp Symbols

bull Designs protect Ornamental Design of Product

bull GIs protect Identifying place names with product

bull Trade Secrets protect Confidential Information

bull Copyrights protect Creative Expressions of Creators

bull PBRs protect DUS plant variety

bull IC layout designs protect Original design of IC

bull Databases protect Uniqueness of databaseOctober 14 2017 19

Coca-Coal with Different IPR

John Pemberton inventor

bull Design

bull Patent (Trade Secret)

bull Trade Mark

bull Copyright

October 14 2017 20

Different IPR in iPhone7

Trade marks

Patent

Design

Copyright

Trade Secret

October 14 2017 21

October 14 2017 22

Basics of a Patent

What is a patentA patent is an exclusive right granted

by the State for an invention to the inventor

In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application

Protection + Disclosure

Patent is a bargain between inventor amp

the state

bull Patent is a negativeright

bull It gives its owner theexclusive right

bull Granted by the nationalpatent office Generallyfor 20 years

bull Territorial right

bull There is no

international patent

bull Both Product amp Processpatent is allowed in India

bull Unity of Invention (oneinvention in one patent)

bull First to File (FIF) System

October 14 2017 23

Patent system

Patent Protection

to the inventor

Disclosure of the

invention to IPO

Patenteersquos interest Public interest

October 14 2017 24

Criteria to get a PatentThere are 3 criteria to get a patent

1 Invention has to be Novel

2 Invention has inventive steps

3 Invention must have industrial application

For patenting microorganisms inventor

shall deposit biological materials to an

authorized depositary institution as notified

by the governmentOctober 14 2017 25

Rights of a PatenteeTo make use exercise sell or distribute an

Invented Article or Process in India

bull Right can be shared licensed or sold

bull Right to initiate Legal Proceedingsagainst Infringement

bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent

October 14 2017 26

Non-Patentable Inventionsbull Frivolous inventions

bull Inventions contrary to well established

natural laws

Contrary to public order or

Morality

bull Inventions related to atomic energy

Causes serious Prejudice to health or

human animal plant life or

to the environmentOctober 14 2017 27

Contdbull Mere Discovery of a Scientific

Principle or

bull formulation of an Abstract Theory or

bull discovery of any living thing or

bull discovery of nonndashliving substanceoccurring in nature

bull Patent on plant animals amp naturally

occurring microorganisms

bull TK is not patentable

October 14 2017 28

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Types of Property

bull The tangible propertyincludes physicalobjects such as landhousehold goods caretc

bull The intangible propertyincludes a list ofproducts of humanintellect such aspatents copyrighttrademarks andindustrial designs etc

13October 14 2017

IP IPR

bull Intellectual property (IP)

deals with the creations

of the human intellect and

protects the creations of

the human mind the

human intellect This is

why this kind of property

is called ldquointellectual

propertyrdquo

bull Intellectual property rights(IPR) are the rights awardedby society to individuals ororganizations principallyover Intellectual Propertyie creative worksinventions literary andartistic works and symbolsnames images anddesigns used in commerceThey give the creator theright to prevent others frommaking unauthorized use oftheir property for a limitedperiod

14October 14 2017

Why IP is required bull To protect your Creativity Invention

bull To get an economic return on funding

invested in R amp D

bull To get a reward or recognition as it is the

fruit of your hard labour effort and time

bull To own your inventioncreative works

bull To create of an intellectual asset for

licensing or selling

bull To deter others from using your

inventionOctober 14 2017 15

What happens if you do not protect

your inventions

bull Somebody else might patent

them

bull Competitors will take advantage

of your invention

bull Possibilities to license sell or

transfer technology will be

severely hindered

bull Time effort labour will be lost

bull Funders will be discouraged

October 14 2017 16

Creator has Two Options

October 14 2017 17

IPRIndustrial Property

PatentIndustrial Design

TrademarkGeographical Indications (GI)

Lay-out Design of Integrated Circuits

Undisclosed information including trade secrets and test data

Artistic amp Literary Property

Copyright

Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database

Integrated Circuit

Plant Breedersrsquo Right (PBR)

CLASSIFICATION OF IPR

October 14 2017 18

Each type of protection and what it

protectsbull Patents (utilitydesign) protect Inventions

bull Trademarks protect Identifying Signs amp Symbols

bull Designs protect Ornamental Design of Product

bull GIs protect Identifying place names with product

bull Trade Secrets protect Confidential Information

bull Copyrights protect Creative Expressions of Creators

bull PBRs protect DUS plant variety

bull IC layout designs protect Original design of IC

bull Databases protect Uniqueness of databaseOctober 14 2017 19

Coca-Coal with Different IPR

John Pemberton inventor

bull Design

bull Patent (Trade Secret)

bull Trade Mark

bull Copyright

October 14 2017 20

Different IPR in iPhone7

Trade marks

Patent

Design

Copyright

Trade Secret

October 14 2017 21

October 14 2017 22

Basics of a Patent

What is a patentA patent is an exclusive right granted

by the State for an invention to the inventor

In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application

Protection + Disclosure

Patent is a bargain between inventor amp

the state

bull Patent is a negativeright

bull It gives its owner theexclusive right

bull Granted by the nationalpatent office Generallyfor 20 years

bull Territorial right

bull There is no

international patent

bull Both Product amp Processpatent is allowed in India

bull Unity of Invention (oneinvention in one patent)

bull First to File (FIF) System

October 14 2017 23

Patent system

Patent Protection

to the inventor

Disclosure of the

invention to IPO

Patenteersquos interest Public interest

October 14 2017 24

Criteria to get a PatentThere are 3 criteria to get a patent

1 Invention has to be Novel

2 Invention has inventive steps

3 Invention must have industrial application

For patenting microorganisms inventor

shall deposit biological materials to an

authorized depositary institution as notified

by the governmentOctober 14 2017 25

Rights of a PatenteeTo make use exercise sell or distribute an

Invented Article or Process in India

bull Right can be shared licensed or sold

bull Right to initiate Legal Proceedingsagainst Infringement

bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent

October 14 2017 26

Non-Patentable Inventionsbull Frivolous inventions

bull Inventions contrary to well established

natural laws

Contrary to public order or

Morality

bull Inventions related to atomic energy

Causes serious Prejudice to health or

human animal plant life or

to the environmentOctober 14 2017 27

Contdbull Mere Discovery of a Scientific

Principle or

bull formulation of an Abstract Theory or

bull discovery of any living thing or

bull discovery of nonndashliving substanceoccurring in nature

bull Patent on plant animals amp naturally

occurring microorganisms

bull TK is not patentable

October 14 2017 28

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

IP IPR

bull Intellectual property (IP)

deals with the creations

of the human intellect and

protects the creations of

the human mind the

human intellect This is

why this kind of property

is called ldquointellectual

propertyrdquo

bull Intellectual property rights(IPR) are the rights awardedby society to individuals ororganizations principallyover Intellectual Propertyie creative worksinventions literary andartistic works and symbolsnames images anddesigns used in commerceThey give the creator theright to prevent others frommaking unauthorized use oftheir property for a limitedperiod

14October 14 2017

Why IP is required bull To protect your Creativity Invention

bull To get an economic return on funding

invested in R amp D

bull To get a reward or recognition as it is the

fruit of your hard labour effort and time

bull To own your inventioncreative works

bull To create of an intellectual asset for

licensing or selling

bull To deter others from using your

inventionOctober 14 2017 15

What happens if you do not protect

your inventions

bull Somebody else might patent

them

bull Competitors will take advantage

of your invention

bull Possibilities to license sell or

transfer technology will be

severely hindered

bull Time effort labour will be lost

bull Funders will be discouraged

October 14 2017 16

Creator has Two Options

October 14 2017 17

IPRIndustrial Property

PatentIndustrial Design

TrademarkGeographical Indications (GI)

Lay-out Design of Integrated Circuits

Undisclosed information including trade secrets and test data

Artistic amp Literary Property

Copyright

Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database

Integrated Circuit

Plant Breedersrsquo Right (PBR)

CLASSIFICATION OF IPR

October 14 2017 18

Each type of protection and what it

protectsbull Patents (utilitydesign) protect Inventions

bull Trademarks protect Identifying Signs amp Symbols

bull Designs protect Ornamental Design of Product

bull GIs protect Identifying place names with product

bull Trade Secrets protect Confidential Information

bull Copyrights protect Creative Expressions of Creators

bull PBRs protect DUS plant variety

bull IC layout designs protect Original design of IC

bull Databases protect Uniqueness of databaseOctober 14 2017 19

Coca-Coal with Different IPR

John Pemberton inventor

bull Design

bull Patent (Trade Secret)

bull Trade Mark

bull Copyright

October 14 2017 20

Different IPR in iPhone7

Trade marks

Patent

Design

Copyright

Trade Secret

October 14 2017 21

October 14 2017 22

Basics of a Patent

What is a patentA patent is an exclusive right granted

by the State for an invention to the inventor

In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application

Protection + Disclosure

Patent is a bargain between inventor amp

the state

bull Patent is a negativeright

bull It gives its owner theexclusive right

bull Granted by the nationalpatent office Generallyfor 20 years

bull Territorial right

bull There is no

international patent

bull Both Product amp Processpatent is allowed in India

bull Unity of Invention (oneinvention in one patent)

bull First to File (FIF) System

October 14 2017 23

Patent system

Patent Protection

to the inventor

Disclosure of the

invention to IPO

Patenteersquos interest Public interest

October 14 2017 24

Criteria to get a PatentThere are 3 criteria to get a patent

1 Invention has to be Novel

2 Invention has inventive steps

3 Invention must have industrial application

For patenting microorganisms inventor

shall deposit biological materials to an

authorized depositary institution as notified

by the governmentOctober 14 2017 25

Rights of a PatenteeTo make use exercise sell or distribute an

Invented Article or Process in India

bull Right can be shared licensed or sold

bull Right to initiate Legal Proceedingsagainst Infringement

bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent

October 14 2017 26

Non-Patentable Inventionsbull Frivolous inventions

bull Inventions contrary to well established

natural laws

Contrary to public order or

Morality

bull Inventions related to atomic energy

Causes serious Prejudice to health or

human animal plant life or

to the environmentOctober 14 2017 27

Contdbull Mere Discovery of a Scientific

Principle or

bull formulation of an Abstract Theory or

bull discovery of any living thing or

bull discovery of nonndashliving substanceoccurring in nature

bull Patent on plant animals amp naturally

occurring microorganisms

bull TK is not patentable

October 14 2017 28

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Why IP is required bull To protect your Creativity Invention

bull To get an economic return on funding

invested in R amp D

bull To get a reward or recognition as it is the

fruit of your hard labour effort and time

bull To own your inventioncreative works

bull To create of an intellectual asset for

licensing or selling

bull To deter others from using your

inventionOctober 14 2017 15

What happens if you do not protect

your inventions

bull Somebody else might patent

them

bull Competitors will take advantage

of your invention

bull Possibilities to license sell or

transfer technology will be

severely hindered

bull Time effort labour will be lost

bull Funders will be discouraged

October 14 2017 16

Creator has Two Options

October 14 2017 17

IPRIndustrial Property

PatentIndustrial Design

TrademarkGeographical Indications (GI)

Lay-out Design of Integrated Circuits

Undisclosed information including trade secrets and test data

Artistic amp Literary Property

Copyright

Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database

Integrated Circuit

Plant Breedersrsquo Right (PBR)

CLASSIFICATION OF IPR

October 14 2017 18

Each type of protection and what it

protectsbull Patents (utilitydesign) protect Inventions

bull Trademarks protect Identifying Signs amp Symbols

bull Designs protect Ornamental Design of Product

bull GIs protect Identifying place names with product

bull Trade Secrets protect Confidential Information

bull Copyrights protect Creative Expressions of Creators

bull PBRs protect DUS plant variety

bull IC layout designs protect Original design of IC

bull Databases protect Uniqueness of databaseOctober 14 2017 19

Coca-Coal with Different IPR

John Pemberton inventor

bull Design

bull Patent (Trade Secret)

bull Trade Mark

bull Copyright

October 14 2017 20

Different IPR in iPhone7

Trade marks

Patent

Design

Copyright

Trade Secret

October 14 2017 21

October 14 2017 22

Basics of a Patent

What is a patentA patent is an exclusive right granted

by the State for an invention to the inventor

In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application

Protection + Disclosure

Patent is a bargain between inventor amp

the state

bull Patent is a negativeright

bull It gives its owner theexclusive right

bull Granted by the nationalpatent office Generallyfor 20 years

bull Territorial right

bull There is no

international patent

bull Both Product amp Processpatent is allowed in India

bull Unity of Invention (oneinvention in one patent)

bull First to File (FIF) System

October 14 2017 23

Patent system

Patent Protection

to the inventor

Disclosure of the

invention to IPO

Patenteersquos interest Public interest

October 14 2017 24

Criteria to get a PatentThere are 3 criteria to get a patent

1 Invention has to be Novel

2 Invention has inventive steps

3 Invention must have industrial application

For patenting microorganisms inventor

shall deposit biological materials to an

authorized depositary institution as notified

by the governmentOctober 14 2017 25

Rights of a PatenteeTo make use exercise sell or distribute an

Invented Article or Process in India

bull Right can be shared licensed or sold

bull Right to initiate Legal Proceedingsagainst Infringement

bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent

October 14 2017 26

Non-Patentable Inventionsbull Frivolous inventions

bull Inventions contrary to well established

natural laws

Contrary to public order or

Morality

bull Inventions related to atomic energy

Causes serious Prejudice to health or

human animal plant life or

to the environmentOctober 14 2017 27

Contdbull Mere Discovery of a Scientific

Principle or

bull formulation of an Abstract Theory or

bull discovery of any living thing or

bull discovery of nonndashliving substanceoccurring in nature

bull Patent on plant animals amp naturally

occurring microorganisms

bull TK is not patentable

October 14 2017 28

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

What happens if you do not protect

your inventions

bull Somebody else might patent

them

bull Competitors will take advantage

of your invention

bull Possibilities to license sell or

transfer technology will be

severely hindered

bull Time effort labour will be lost

bull Funders will be discouraged

October 14 2017 16

Creator has Two Options

October 14 2017 17

IPRIndustrial Property

PatentIndustrial Design

TrademarkGeographical Indications (GI)

Lay-out Design of Integrated Circuits

Undisclosed information including trade secrets and test data

Artistic amp Literary Property

Copyright

Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database

Integrated Circuit

Plant Breedersrsquo Right (PBR)

CLASSIFICATION OF IPR

October 14 2017 18

Each type of protection and what it

protectsbull Patents (utilitydesign) protect Inventions

bull Trademarks protect Identifying Signs amp Symbols

bull Designs protect Ornamental Design of Product

bull GIs protect Identifying place names with product

bull Trade Secrets protect Confidential Information

bull Copyrights protect Creative Expressions of Creators

bull PBRs protect DUS plant variety

bull IC layout designs protect Original design of IC

bull Databases protect Uniqueness of databaseOctober 14 2017 19

Coca-Coal with Different IPR

John Pemberton inventor

bull Design

bull Patent (Trade Secret)

bull Trade Mark

bull Copyright

October 14 2017 20

Different IPR in iPhone7

Trade marks

Patent

Design

Copyright

Trade Secret

October 14 2017 21

October 14 2017 22

Basics of a Patent

What is a patentA patent is an exclusive right granted

by the State for an invention to the inventor

In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application

Protection + Disclosure

Patent is a bargain between inventor amp

the state

bull Patent is a negativeright

bull It gives its owner theexclusive right

bull Granted by the nationalpatent office Generallyfor 20 years

bull Territorial right

bull There is no

international patent

bull Both Product amp Processpatent is allowed in India

bull Unity of Invention (oneinvention in one patent)

bull First to File (FIF) System

October 14 2017 23

Patent system

Patent Protection

to the inventor

Disclosure of the

invention to IPO

Patenteersquos interest Public interest

October 14 2017 24

Criteria to get a PatentThere are 3 criteria to get a patent

1 Invention has to be Novel

2 Invention has inventive steps

3 Invention must have industrial application

For patenting microorganisms inventor

shall deposit biological materials to an

authorized depositary institution as notified

by the governmentOctober 14 2017 25

Rights of a PatenteeTo make use exercise sell or distribute an

Invented Article or Process in India

bull Right can be shared licensed or sold

bull Right to initiate Legal Proceedingsagainst Infringement

bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent

October 14 2017 26

Non-Patentable Inventionsbull Frivolous inventions

bull Inventions contrary to well established

natural laws

Contrary to public order or

Morality

bull Inventions related to atomic energy

Causes serious Prejudice to health or

human animal plant life or

to the environmentOctober 14 2017 27

Contdbull Mere Discovery of a Scientific

Principle or

bull formulation of an Abstract Theory or

bull discovery of any living thing or

bull discovery of nonndashliving substanceoccurring in nature

bull Patent on plant animals amp naturally

occurring microorganisms

bull TK is not patentable

October 14 2017 28

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Creator has Two Options

October 14 2017 17

IPRIndustrial Property

PatentIndustrial Design

TrademarkGeographical Indications (GI)

Lay-out Design of Integrated Circuits

Undisclosed information including trade secrets and test data

Artistic amp Literary Property

Copyright

Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database

Integrated Circuit

Plant Breedersrsquo Right (PBR)

CLASSIFICATION OF IPR

October 14 2017 18

Each type of protection and what it

protectsbull Patents (utilitydesign) protect Inventions

bull Trademarks protect Identifying Signs amp Symbols

bull Designs protect Ornamental Design of Product

bull GIs protect Identifying place names with product

bull Trade Secrets protect Confidential Information

bull Copyrights protect Creative Expressions of Creators

bull PBRs protect DUS plant variety

bull IC layout designs protect Original design of IC

bull Databases protect Uniqueness of databaseOctober 14 2017 19

Coca-Coal with Different IPR

John Pemberton inventor

bull Design

bull Patent (Trade Secret)

bull Trade Mark

bull Copyright

October 14 2017 20

Different IPR in iPhone7

Trade marks

Patent

Design

Copyright

Trade Secret

October 14 2017 21

October 14 2017 22

Basics of a Patent

What is a patentA patent is an exclusive right granted

by the State for an invention to the inventor

In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application

Protection + Disclosure

Patent is a bargain between inventor amp

the state

bull Patent is a negativeright

bull It gives its owner theexclusive right

bull Granted by the nationalpatent office Generallyfor 20 years

bull Territorial right

bull There is no

international patent

bull Both Product amp Processpatent is allowed in India

bull Unity of Invention (oneinvention in one patent)

bull First to File (FIF) System

October 14 2017 23

Patent system

Patent Protection

to the inventor

Disclosure of the

invention to IPO

Patenteersquos interest Public interest

October 14 2017 24

Criteria to get a PatentThere are 3 criteria to get a patent

1 Invention has to be Novel

2 Invention has inventive steps

3 Invention must have industrial application

For patenting microorganisms inventor

shall deposit biological materials to an

authorized depositary institution as notified

by the governmentOctober 14 2017 25

Rights of a PatenteeTo make use exercise sell or distribute an

Invented Article or Process in India

bull Right can be shared licensed or sold

bull Right to initiate Legal Proceedingsagainst Infringement

bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent

October 14 2017 26

Non-Patentable Inventionsbull Frivolous inventions

bull Inventions contrary to well established

natural laws

Contrary to public order or

Morality

bull Inventions related to atomic energy

Causes serious Prejudice to health or

human animal plant life or

to the environmentOctober 14 2017 27

Contdbull Mere Discovery of a Scientific

Principle or

bull formulation of an Abstract Theory or

bull discovery of any living thing or

bull discovery of nonndashliving substanceoccurring in nature

bull Patent on plant animals amp naturally

occurring microorganisms

bull TK is not patentable

October 14 2017 28

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

IPRIndustrial Property

PatentIndustrial Design

TrademarkGeographical Indications (GI)

Lay-out Design of Integrated Circuits

Undisclosed information including trade secrets and test data

Artistic amp Literary Property

Copyright

Sui generis System (ldquoLatin Word means ldquoof its own kindrdquo)Database

Integrated Circuit

Plant Breedersrsquo Right (PBR)

CLASSIFICATION OF IPR

October 14 2017 18

Each type of protection and what it

protectsbull Patents (utilitydesign) protect Inventions

bull Trademarks protect Identifying Signs amp Symbols

bull Designs protect Ornamental Design of Product

bull GIs protect Identifying place names with product

bull Trade Secrets protect Confidential Information

bull Copyrights protect Creative Expressions of Creators

bull PBRs protect DUS plant variety

bull IC layout designs protect Original design of IC

bull Databases protect Uniqueness of databaseOctober 14 2017 19

Coca-Coal with Different IPR

John Pemberton inventor

bull Design

bull Patent (Trade Secret)

bull Trade Mark

bull Copyright

October 14 2017 20

Different IPR in iPhone7

Trade marks

Patent

Design

Copyright

Trade Secret

October 14 2017 21

October 14 2017 22

Basics of a Patent

What is a patentA patent is an exclusive right granted

by the State for an invention to the inventor

In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application

Protection + Disclosure

Patent is a bargain between inventor amp

the state

bull Patent is a negativeright

bull It gives its owner theexclusive right

bull Granted by the nationalpatent office Generallyfor 20 years

bull Territorial right

bull There is no

international patent

bull Both Product amp Processpatent is allowed in India

bull Unity of Invention (oneinvention in one patent)

bull First to File (FIF) System

October 14 2017 23

Patent system

Patent Protection

to the inventor

Disclosure of the

invention to IPO

Patenteersquos interest Public interest

October 14 2017 24

Criteria to get a PatentThere are 3 criteria to get a patent

1 Invention has to be Novel

2 Invention has inventive steps

3 Invention must have industrial application

For patenting microorganisms inventor

shall deposit biological materials to an

authorized depositary institution as notified

by the governmentOctober 14 2017 25

Rights of a PatenteeTo make use exercise sell or distribute an

Invented Article or Process in India

bull Right can be shared licensed or sold

bull Right to initiate Legal Proceedingsagainst Infringement

bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent

October 14 2017 26

Non-Patentable Inventionsbull Frivolous inventions

bull Inventions contrary to well established

natural laws

Contrary to public order or

Morality

bull Inventions related to atomic energy

Causes serious Prejudice to health or

human animal plant life or

to the environmentOctober 14 2017 27

Contdbull Mere Discovery of a Scientific

Principle or

bull formulation of an Abstract Theory or

bull discovery of any living thing or

bull discovery of nonndashliving substanceoccurring in nature

bull Patent on plant animals amp naturally

occurring microorganisms

bull TK is not patentable

October 14 2017 28

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Each type of protection and what it

protectsbull Patents (utilitydesign) protect Inventions

bull Trademarks protect Identifying Signs amp Symbols

bull Designs protect Ornamental Design of Product

bull GIs protect Identifying place names with product

bull Trade Secrets protect Confidential Information

bull Copyrights protect Creative Expressions of Creators

bull PBRs protect DUS plant variety

bull IC layout designs protect Original design of IC

bull Databases protect Uniqueness of databaseOctober 14 2017 19

Coca-Coal with Different IPR

John Pemberton inventor

bull Design

bull Patent (Trade Secret)

bull Trade Mark

bull Copyright

October 14 2017 20

Different IPR in iPhone7

Trade marks

Patent

Design

Copyright

Trade Secret

October 14 2017 21

October 14 2017 22

Basics of a Patent

What is a patentA patent is an exclusive right granted

by the State for an invention to the inventor

In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application

Protection + Disclosure

Patent is a bargain between inventor amp

the state

bull Patent is a negativeright

bull It gives its owner theexclusive right

bull Granted by the nationalpatent office Generallyfor 20 years

bull Territorial right

bull There is no

international patent

bull Both Product amp Processpatent is allowed in India

bull Unity of Invention (oneinvention in one patent)

bull First to File (FIF) System

October 14 2017 23

Patent system

Patent Protection

to the inventor

Disclosure of the

invention to IPO

Patenteersquos interest Public interest

October 14 2017 24

Criteria to get a PatentThere are 3 criteria to get a patent

1 Invention has to be Novel

2 Invention has inventive steps

3 Invention must have industrial application

For patenting microorganisms inventor

shall deposit biological materials to an

authorized depositary institution as notified

by the governmentOctober 14 2017 25

Rights of a PatenteeTo make use exercise sell or distribute an

Invented Article or Process in India

bull Right can be shared licensed or sold

bull Right to initiate Legal Proceedingsagainst Infringement

bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent

October 14 2017 26

Non-Patentable Inventionsbull Frivolous inventions

bull Inventions contrary to well established

natural laws

Contrary to public order or

Morality

bull Inventions related to atomic energy

Causes serious Prejudice to health or

human animal plant life or

to the environmentOctober 14 2017 27

Contdbull Mere Discovery of a Scientific

Principle or

bull formulation of an Abstract Theory or

bull discovery of any living thing or

bull discovery of nonndashliving substanceoccurring in nature

bull Patent on plant animals amp naturally

occurring microorganisms

bull TK is not patentable

October 14 2017 28

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Coca-Coal with Different IPR

John Pemberton inventor

bull Design

bull Patent (Trade Secret)

bull Trade Mark

bull Copyright

October 14 2017 20

Different IPR in iPhone7

Trade marks

Patent

Design

Copyright

Trade Secret

October 14 2017 21

October 14 2017 22

Basics of a Patent

What is a patentA patent is an exclusive right granted

by the State for an invention to the inventor

In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application

Protection + Disclosure

Patent is a bargain between inventor amp

the state

bull Patent is a negativeright

bull It gives its owner theexclusive right

bull Granted by the nationalpatent office Generallyfor 20 years

bull Territorial right

bull There is no

international patent

bull Both Product amp Processpatent is allowed in India

bull Unity of Invention (oneinvention in one patent)

bull First to File (FIF) System

October 14 2017 23

Patent system

Patent Protection

to the inventor

Disclosure of the

invention to IPO

Patenteersquos interest Public interest

October 14 2017 24

Criteria to get a PatentThere are 3 criteria to get a patent

1 Invention has to be Novel

2 Invention has inventive steps

3 Invention must have industrial application

For patenting microorganisms inventor

shall deposit biological materials to an

authorized depositary institution as notified

by the governmentOctober 14 2017 25

Rights of a PatenteeTo make use exercise sell or distribute an

Invented Article or Process in India

bull Right can be shared licensed or sold

bull Right to initiate Legal Proceedingsagainst Infringement

bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent

October 14 2017 26

Non-Patentable Inventionsbull Frivolous inventions

bull Inventions contrary to well established

natural laws

Contrary to public order or

Morality

bull Inventions related to atomic energy

Causes serious Prejudice to health or

human animal plant life or

to the environmentOctober 14 2017 27

Contdbull Mere Discovery of a Scientific

Principle or

bull formulation of an Abstract Theory or

bull discovery of any living thing or

bull discovery of nonndashliving substanceoccurring in nature

bull Patent on plant animals amp naturally

occurring microorganisms

bull TK is not patentable

October 14 2017 28

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Different IPR in iPhone7

Trade marks

Patent

Design

Copyright

Trade Secret

October 14 2017 21

October 14 2017 22

Basics of a Patent

What is a patentA patent is an exclusive right granted

by the State for an invention to the inventor

In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application

Protection + Disclosure

Patent is a bargain between inventor amp

the state

bull Patent is a negativeright

bull It gives its owner theexclusive right

bull Granted by the nationalpatent office Generallyfor 20 years

bull Territorial right

bull There is no

international patent

bull Both Product amp Processpatent is allowed in India

bull Unity of Invention (oneinvention in one patent)

bull First to File (FIF) System

October 14 2017 23

Patent system

Patent Protection

to the inventor

Disclosure of the

invention to IPO

Patenteersquos interest Public interest

October 14 2017 24

Criteria to get a PatentThere are 3 criteria to get a patent

1 Invention has to be Novel

2 Invention has inventive steps

3 Invention must have industrial application

For patenting microorganisms inventor

shall deposit biological materials to an

authorized depositary institution as notified

by the governmentOctober 14 2017 25

Rights of a PatenteeTo make use exercise sell or distribute an

Invented Article or Process in India

bull Right can be shared licensed or sold

bull Right to initiate Legal Proceedingsagainst Infringement

bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent

October 14 2017 26

Non-Patentable Inventionsbull Frivolous inventions

bull Inventions contrary to well established

natural laws

Contrary to public order or

Morality

bull Inventions related to atomic energy

Causes serious Prejudice to health or

human animal plant life or

to the environmentOctober 14 2017 27

Contdbull Mere Discovery of a Scientific

Principle or

bull formulation of an Abstract Theory or

bull discovery of any living thing or

bull discovery of nonndashliving substanceoccurring in nature

bull Patent on plant animals amp naturally

occurring microorganisms

bull TK is not patentable

October 14 2017 28

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

October 14 2017 22

Basics of a Patent

What is a patentA patent is an exclusive right granted

by the State for an invention to the inventor

In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application

Protection + Disclosure

Patent is a bargain between inventor amp

the state

bull Patent is a negativeright

bull It gives its owner theexclusive right

bull Granted by the nationalpatent office Generallyfor 20 years

bull Territorial right

bull There is no

international patent

bull Both Product amp Processpatent is allowed in India

bull Unity of Invention (oneinvention in one patent)

bull First to File (FIF) System

October 14 2017 23

Patent system

Patent Protection

to the inventor

Disclosure of the

invention to IPO

Patenteersquos interest Public interest

October 14 2017 24

Criteria to get a PatentThere are 3 criteria to get a patent

1 Invention has to be Novel

2 Invention has inventive steps

3 Invention must have industrial application

For patenting microorganisms inventor

shall deposit biological materials to an

authorized depositary institution as notified

by the governmentOctober 14 2017 25

Rights of a PatenteeTo make use exercise sell or distribute an

Invented Article or Process in India

bull Right can be shared licensed or sold

bull Right to initiate Legal Proceedingsagainst Infringement

bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent

October 14 2017 26

Non-Patentable Inventionsbull Frivolous inventions

bull Inventions contrary to well established

natural laws

Contrary to public order or

Morality

bull Inventions related to atomic energy

Causes serious Prejudice to health or

human animal plant life or

to the environmentOctober 14 2017 27

Contdbull Mere Discovery of a Scientific

Principle or

bull formulation of an Abstract Theory or

bull discovery of any living thing or

bull discovery of nonndashliving substanceoccurring in nature

bull Patent on plant animals amp naturally

occurring microorganisms

bull TK is not patentable

October 14 2017 28

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Basics of a Patent

What is a patentA patent is an exclusive right granted

by the State for an invention to the inventor

In return for the exclusive rightprovided by a patent the applicantis required to disclose theinvention to the public byproviding a detailed accurateand complete writtendescription of the invention inthe patent application

Protection + Disclosure

Patent is a bargain between inventor amp

the state

bull Patent is a negativeright

bull It gives its owner theexclusive right

bull Granted by the nationalpatent office Generallyfor 20 years

bull Territorial right

bull There is no

international patent

bull Both Product amp Processpatent is allowed in India

bull Unity of Invention (oneinvention in one patent)

bull First to File (FIF) System

October 14 2017 23

Patent system

Patent Protection

to the inventor

Disclosure of the

invention to IPO

Patenteersquos interest Public interest

October 14 2017 24

Criteria to get a PatentThere are 3 criteria to get a patent

1 Invention has to be Novel

2 Invention has inventive steps

3 Invention must have industrial application

For patenting microorganisms inventor

shall deposit biological materials to an

authorized depositary institution as notified

by the governmentOctober 14 2017 25

Rights of a PatenteeTo make use exercise sell or distribute an

Invented Article or Process in India

bull Right can be shared licensed or sold

bull Right to initiate Legal Proceedingsagainst Infringement

bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent

October 14 2017 26

Non-Patentable Inventionsbull Frivolous inventions

bull Inventions contrary to well established

natural laws

Contrary to public order or

Morality

bull Inventions related to atomic energy

Causes serious Prejudice to health or

human animal plant life or

to the environmentOctober 14 2017 27

Contdbull Mere Discovery of a Scientific

Principle or

bull formulation of an Abstract Theory or

bull discovery of any living thing or

bull discovery of nonndashliving substanceoccurring in nature

bull Patent on plant animals amp naturally

occurring microorganisms

bull TK is not patentable

October 14 2017 28

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Patent system

Patent Protection

to the inventor

Disclosure of the

invention to IPO

Patenteersquos interest Public interest

October 14 2017 24

Criteria to get a PatentThere are 3 criteria to get a patent

1 Invention has to be Novel

2 Invention has inventive steps

3 Invention must have industrial application

For patenting microorganisms inventor

shall deposit biological materials to an

authorized depositary institution as notified

by the governmentOctober 14 2017 25

Rights of a PatenteeTo make use exercise sell or distribute an

Invented Article or Process in India

bull Right can be shared licensed or sold

bull Right to initiate Legal Proceedingsagainst Infringement

bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent

October 14 2017 26

Non-Patentable Inventionsbull Frivolous inventions

bull Inventions contrary to well established

natural laws

Contrary to public order or

Morality

bull Inventions related to atomic energy

Causes serious Prejudice to health or

human animal plant life or

to the environmentOctober 14 2017 27

Contdbull Mere Discovery of a Scientific

Principle or

bull formulation of an Abstract Theory or

bull discovery of any living thing or

bull discovery of nonndashliving substanceoccurring in nature

bull Patent on plant animals amp naturally

occurring microorganisms

bull TK is not patentable

October 14 2017 28

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Criteria to get a PatentThere are 3 criteria to get a patent

1 Invention has to be Novel

2 Invention has inventive steps

3 Invention must have industrial application

For patenting microorganisms inventor

shall deposit biological materials to an

authorized depositary institution as notified

by the governmentOctober 14 2017 25

Rights of a PatenteeTo make use exercise sell or distribute an

Invented Article or Process in India

bull Right can be shared licensed or sold

bull Right to initiate Legal Proceedingsagainst Infringement

bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent

October 14 2017 26

Non-Patentable Inventionsbull Frivolous inventions

bull Inventions contrary to well established

natural laws

Contrary to public order or

Morality

bull Inventions related to atomic energy

Causes serious Prejudice to health or

human animal plant life or

to the environmentOctober 14 2017 27

Contdbull Mere Discovery of a Scientific

Principle or

bull formulation of an Abstract Theory or

bull discovery of any living thing or

bull discovery of nonndashliving substanceoccurring in nature

bull Patent on plant animals amp naturally

occurring microorganisms

bull TK is not patentable

October 14 2017 28

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Rights of a PatenteeTo make use exercise sell or distribute an

Invented Article or Process in India

bull Right can be shared licensed or sold

bull Right to initiate Legal Proceedingsagainst Infringement

bull The Invention can be commerciallyexploited without fear of copyingimitationor unauthorized use during Term of Patent

October 14 2017 26

Non-Patentable Inventionsbull Frivolous inventions

bull Inventions contrary to well established

natural laws

Contrary to public order or

Morality

bull Inventions related to atomic energy

Causes serious Prejudice to health or

human animal plant life or

to the environmentOctober 14 2017 27

Contdbull Mere Discovery of a Scientific

Principle or

bull formulation of an Abstract Theory or

bull discovery of any living thing or

bull discovery of nonndashliving substanceoccurring in nature

bull Patent on plant animals amp naturally

occurring microorganisms

bull TK is not patentable

October 14 2017 28

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Non-Patentable Inventionsbull Frivolous inventions

bull Inventions contrary to well established

natural laws

Contrary to public order or

Morality

bull Inventions related to atomic energy

Causes serious Prejudice to health or

human animal plant life or

to the environmentOctober 14 2017 27

Contdbull Mere Discovery of a Scientific

Principle or

bull formulation of an Abstract Theory or

bull discovery of any living thing or

bull discovery of nonndashliving substanceoccurring in nature

bull Patent on plant animals amp naturally

occurring microorganisms

bull TK is not patentable

October 14 2017 28

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Contdbull Mere Discovery of a Scientific

Principle or

bull formulation of an Abstract Theory or

bull discovery of any living thing or

bull discovery of nonndashliving substanceoccurring in nature

bull Patent on plant animals amp naturally

occurring microorganisms

bull TK is not patentable

October 14 2017 28

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Contdbull Any process for medicinal surgical

curative prophylactic diagnostic

therapeutic or other treatment of

human beings or a similar treatment of

animals to render them free of disease

or to increase their economic value or

that of their products (notice plant is

omitted in recent amendment to comply

TRIPS)

October 14 2017 29

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Components of a Typical Patent Document

Bibliographic

Information

+

Text with Claims

+

Drawings

bull Description of

Invention-Provisional

and Complete

Specification

bull Claims have 2

perspectives

establishing-

Monopoly

+infringement

bull Independent claim+

Dependent claims

October 14 2017 30

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Field of inventionTrespassers will be prosecuted

Alternative path

October 14 2017 31

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Field of invention

Trespassers will be prosecuted

Alternative path

TO

L L GAT

E

TO

L L GAT

E

CLAIM

CLAI

M

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAIM

CLAI

M

CLAI

M

RoyaltyLicensing and Agreements

IDEA

October 14 2017 32

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Stages - Filing To Grant of Patent

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

RevocationAmendment

OPPOSITION

bull PROMPTLY AFTER 18 MONTHS FROM PD

bull WITHIN 48 MONTHS FROM FD

bull ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

bull IF PSIS FILED CS TO BE FILED WITHIN 12MONTHS

bull WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board 33October 14 2017

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

October 14 2017 34

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Trademarks

October 14 2017 35

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

What is a Trademarkbull A trademark is a sign capable of

distinguishing the goods or services of one

enterprise from those of other enterprises

bull Once acquired a trade mark can last

indefinitely as long as you renew it every

10 years Because a registered trade mark

is a form of IP you can license or assign it

to others

October 14 2017 36

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

What TM can be registered

bull A word or a combination of words letters

and numerals can perfectly constitute a

trademark But trademarks may also

consist of drawings symbols three-

dimensional features such as the shape

and packaging of goods non-visible signs

such as sounds or fragrances or color

shades used as distinguishing features ndash

the possibilities are almost limitless

October 14 2017 37

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Types of Trademark

TrademarkWord Mark

Collective Mark

Certification Mark

Service Mark

Sound

Mark

Logo

3D Mark

Smell Mark

October 14 2017 38

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Functions of a Trade Mark

bull Identify the source of Goods or Services

bull Assures Consumers of Uniform Quality of

Goods services

bull Creates Goodwill and brand recall

bull Differentiate your brand in the market

bull It advertises the product

bull It ensures genuineness of the product

October 14 2017 39

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

October 14 2017 40

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

bull If your brand name is already in useyou

can apply for Trade Mark registration

indicating the earliest use date of your mark

in business

bull The longer the period of use of trademark

the stronger it is

bull Trademark Rights are Territorial

bull You can obtain registration of your trademark in

India or in multiple countries through the system

of Madrid Protocol

October 14 2017 41

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

What to avoid when selecting a TM

bull Must not be Generic terms CHAIR to sell chairs

bull Must not be Descriptive terms SWEET to sell

chocolates

Must be graphically represented

Must be distinctive distinguishable

Must not be deceptively similar to known well-known

marks Generics

bull Marks Contrary To Public Order and Morality

bull Avoid Using Flags Official Hallmarks Emblems Without Legal Authorization

bull Geographical Indications Deities

bull National Leaders Heroes Symbols Laudatory wordsOctober 14 2017 42

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Trademark Registration Process in India1 Classification of Product or Service ndash Total 45 Classes

2 Trademark Clearance Search

3 Trademark application preparation and filing

4 Examination report by Office

5 Respond to objections raised by office and filing of affidavit

6 Hearing before the Registrar of Trademarks

7 Order of Registrar refusing allowing the trademark

8 Advertisement of the trademark in the trademark journal

9 4 month window for anyone to file Trademark Opposition

10 If no opposition is filed ndash Trademark registered

11Renewal of registered trademark to be done every 10

years

October 14 2017 43

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

October 14 2017 44

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

What is an Industrial Design

bull An industrial design is that aspect of a

useful article which is ornamental or

aesthetic

bull It may consist of three-dimensional

features such as the shape or surface of

the article or two- dimensional features

such as patterns lines or color

October 14 2017 45

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

bull Industrial designs are applied to a wide variety of

products of industry or handicraft from watches

jewelry fashion and other luxury items to industrial

and medical implements

bull from house ware furniture and electrical appliances

to vehicles and architectural structures from practical

goods and textile designs to leisure items such as

toys and pet accessories

bull Examples shapes or forms of chairs telephones

cars computers airplanes TV watches cameras

etc

bull Machines of different shapes and size can also

qualify for Industrial design Registration

October 14 2017 46

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

Look amp Feel Appeal

bullDoes not protect any technical features of

the article to which it is applied to

bullAppeal to and judged by the Eye

bullShape or Configuration Pattern

bullOrnament ofbullcomposition of lines

bullcomposition of colors

bull2D or 3D

bullApplied to any Article October 14 2017 47

PHARMA DESIGN

October 14 2017 48

Contdhellipbull While Patents deal with how the Article

ldquoworksrdquo (Functional Aspect)

bull Designs deal with how the Article ldquolooksrdquo

(Aesthetic AspectAppealing to Eye)

bull The Designs Act calls the right ldquocopyright in

the Designrdquo though copyright deals with the

ldquoartistic workrdquo in 2 ndashdimension the Designs

act deals with such work in 3-dimension

October 14 2017 49

May Qualify for Design

October 14 2017 50

May Not Qualify for Design

October 14 2017 51

Glass staircases in Applersquos Shop-may

Qualify for both Patent amp Design

October 14 2017 52

TRAX-Airport Seating- may

Qualify for both Patent amp Design

October 14 2017 53

bull Term ndash 10 Years+5 Years extension on Renewal

bull After 15 years it goes to public domain

bull Any persondesigner or of his assignee can apply design

bull Foreign application must file through an agent residing in India

bull Basic criteria to get a design-

bull New original not previously disclosed and substantial novelty

Least Expensive amp Fastest Grantable IP

In Design Registration Process no Opposition

Only Granting or CancellationOctober 14 2017 54

Design Registration Process

bull Priority Application (Form1)

bull Application Filed (within 6 months)

bull Examination (Formality check + Substantive Exam)

bull Response to the objection raised

bull Acceptance

bull Certificate of Registration Issued (Total 6-9 months)

October 14 2017 55

bull E-filing of Patent

Trademark and Design

October 14 2017 56

Contdhellipbull While Patents deal with how the Article

ldquoworksrdquo (Functional Aspect)

bull Designs deal with how the Article ldquolooksrdquo

(Aesthetic AspectAppealing to Eye)

bull The Designs Act calls the right ldquocopyright in

the Designrdquo though copyright deals with the

ldquoartistic workrdquo in 2 ndashdimension the Designs

act deals with such work in 3-dimension

October 14 2017 49

May Qualify for Design

October 14 2017 50

May Not Qualify for Design

October 14 2017 51

Glass staircases in Applersquos Shop-may

Qualify for both Patent amp Design

October 14 2017 52

TRAX-Airport Seating- may

Qualify for both Patent amp Design

October 14 2017 53

bull Term ndash 10 Years+5 Years extension on Renewal

bull After 15 years it goes to public domain

bull Any persondesigner or of his assignee can apply design

bull Foreign application must file through an agent residing in India

bull Basic criteria to get a design-

bull New original not previously disclosed and substantial novelty

Least Expensive amp Fastest Grantable IP

In Design Registration Process no Opposition

Only Granting or CancellationOctober 14 2017 54

Design Registration Process

bull Priority Application (Form1)

bull Application Filed (within 6 months)

bull Examination (Formality check + Substantive Exam)

bull Response to the objection raised

bull Acceptance

bull Certificate of Registration Issued (Total 6-9 months)

October 14 2017 55

bull E-filing of Patent

Trademark and Design

October 14 2017 56

May Qualify for Design

October 14 2017 50

May Not Qualify for Design

October 14 2017 51

Glass staircases in Applersquos Shop-may

Qualify for both Patent amp Design

October 14 2017 52

TRAX-Airport Seating- may

Qualify for both Patent amp Design

October 14 2017 53

bull Term ndash 10 Years+5 Years extension on Renewal

bull After 15 years it goes to public domain

bull Any persondesigner or of his assignee can apply design

bull Foreign application must file through an agent residing in India

bull Basic criteria to get a design-

bull New original not previously disclosed and substantial novelty

Least Expensive amp Fastest Grantable IP

In Design Registration Process no Opposition

Only Granting or CancellationOctober 14 2017 54

Design Registration Process

bull Priority Application (Form1)

bull Application Filed (within 6 months)

bull Examination (Formality check + Substantive Exam)

bull Response to the objection raised

bull Acceptance

bull Certificate of Registration Issued (Total 6-9 months)

October 14 2017 55

bull E-filing of Patent

Trademark and Design

October 14 2017 56

May Not Qualify for Design

October 14 2017 51

Glass staircases in Applersquos Shop-may

Qualify for both Patent amp Design

October 14 2017 52

TRAX-Airport Seating- may

Qualify for both Patent amp Design

October 14 2017 53

bull Term ndash 10 Years+5 Years extension on Renewal

bull After 15 years it goes to public domain

bull Any persondesigner or of his assignee can apply design

bull Foreign application must file through an agent residing in India

bull Basic criteria to get a design-

bull New original not previously disclosed and substantial novelty

Least Expensive amp Fastest Grantable IP

In Design Registration Process no Opposition

Only Granting or CancellationOctober 14 2017 54

Design Registration Process

bull Priority Application (Form1)

bull Application Filed (within 6 months)

bull Examination (Formality check + Substantive Exam)

bull Response to the objection raised

bull Acceptance

bull Certificate of Registration Issued (Total 6-9 months)

October 14 2017 55

bull E-filing of Patent

Trademark and Design

October 14 2017 56

Glass staircases in Applersquos Shop-may

Qualify for both Patent amp Design

October 14 2017 52

TRAX-Airport Seating- may

Qualify for both Patent amp Design

October 14 2017 53

bull Term ndash 10 Years+5 Years extension on Renewal

bull After 15 years it goes to public domain

bull Any persondesigner or of his assignee can apply design

bull Foreign application must file through an agent residing in India

bull Basic criteria to get a design-

bull New original not previously disclosed and substantial novelty

Least Expensive amp Fastest Grantable IP

In Design Registration Process no Opposition

Only Granting or CancellationOctober 14 2017 54

Design Registration Process

bull Priority Application (Form1)

bull Application Filed (within 6 months)

bull Examination (Formality check + Substantive Exam)

bull Response to the objection raised

bull Acceptance

bull Certificate of Registration Issued (Total 6-9 months)

October 14 2017 55

bull E-filing of Patent

Trademark and Design

October 14 2017 56

TRAX-Airport Seating- may

Qualify for both Patent amp Design

October 14 2017 53

bull Term ndash 10 Years+5 Years extension on Renewal

bull After 15 years it goes to public domain

bull Any persondesigner or of his assignee can apply design

bull Foreign application must file through an agent residing in India

bull Basic criteria to get a design-

bull New original not previously disclosed and substantial novelty

Least Expensive amp Fastest Grantable IP

In Design Registration Process no Opposition

Only Granting or CancellationOctober 14 2017 54

Design Registration Process

bull Priority Application (Form1)

bull Application Filed (within 6 months)

bull Examination (Formality check + Substantive Exam)

bull Response to the objection raised

bull Acceptance

bull Certificate of Registration Issued (Total 6-9 months)

October 14 2017 55

bull E-filing of Patent

Trademark and Design

October 14 2017 56

bull Term ndash 10 Years+5 Years extension on Renewal

bull After 15 years it goes to public domain

bull Any persondesigner or of his assignee can apply design

bull Foreign application must file through an agent residing in India

bull Basic criteria to get a design-

bull New original not previously disclosed and substantial novelty

Least Expensive amp Fastest Grantable IP

In Design Registration Process no Opposition

Only Granting or CancellationOctober 14 2017 54

Design Registration Process

bull Priority Application (Form1)

bull Application Filed (within 6 months)

bull Examination (Formality check + Substantive Exam)

bull Response to the objection raised

bull Acceptance

bull Certificate of Registration Issued (Total 6-9 months)

October 14 2017 55

bull E-filing of Patent

Trademark and Design

October 14 2017 56

Design Registration Process

bull Priority Application (Form1)

bull Application Filed (within 6 months)

bull Examination (Formality check + Substantive Exam)

bull Response to the objection raised

bull Acceptance

bull Certificate of Registration Issued (Total 6-9 months)

October 14 2017 55

bull E-filing of Patent

Trademark and Design

October 14 2017 56

bull E-filing of Patent

Trademark and Design

October 14 2017 56

October 14 2017 57

58October 14 2017

Hard Facts in Academia

5 Publishers Formed Coalition

October 14 2017 59

60October 14 2017

Case Study University of Delhi

October 14 2017 62

October 14 2017 63

October 14 2017 64

October 14 2017 65

October 14 2017 66

67October 14 2017

68October 14 2017

Copyright amp Monkey Selfie

Female Celebes crested macaque

David Slater

October 14 2017 69

Harry Potter amp Saga of Cases

October 14 2017 70

Harry Potter Vs Hari Puttar

October 14 2017 71

Roger V Koons (1992)

October 14 2017 72

Ecce Homo Case

October 14 2017 73

The Idea of Copyright

bull Letrsquos go to 500 yrs backhelliphellip

-Johann Gutenberg in Germany around 1440 Invented movable printing press

-Introduced to England by William Caxton in the last quarter of the 15th century

74October 14 2017

Contdhellip

bull 1550s the

Stationersrsquo

Company was

chartered by royal

decree and

effectively controlled

the printing and

dissemination of

books throughout

England

75October 14 2017

Deposit Requirement

bull Stationers agreed to

deposit a copy every

new book in Oxford

University Library

-Agreement signed with

Thomas Bodley in

1610

76October 14 2017

Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden

ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo

bull Charter Lapsed in 1695

bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks

bull Term of copyright was28 years [14 years + 14years if the author was stillalive]

77October 14 2017

Other Parts of the World

bull In Germany authorrsquos rights were

recognized by a Saxon Order dated Feb

27 1686

bull In USA the first federal law on copyright

the Copyright Law 1790 provided

protection to books maps and charts

bull In France a copyright decree was adopted in

1791

78October 14 2017

History of Copyright in India

3 distinct phasesgtgtgtgt

Phase I 1847 Copyright Law East India Company

Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)

Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)

Amended 6 timesgt 1983 84 92 94 99 amp 2012

httpwwwcopyrightgovin

79October 14 2017

58October 14 2017

Hard Facts in Academia

5 Publishers Formed Coalition

October 14 2017 59

60October 14 2017

Case Study University of Delhi

October 14 2017 62

October 14 2017 63

October 14 2017 64

October 14 2017 65

October 14 2017 66

67October 14 2017

68October 14 2017

Copyright amp Monkey Selfie

Female Celebes crested macaque

David Slater

October 14 2017 69

Harry Potter amp Saga of Cases

October 14 2017 70

Harry Potter Vs Hari Puttar

October 14 2017 71

Roger V Koons (1992)

October 14 2017 72

Ecce Homo Case

October 14 2017 73

The Idea of Copyright

bull Letrsquos go to 500 yrs backhelliphellip

-Johann Gutenberg in Germany around 1440 Invented movable printing press

-Introduced to England by William Caxton in the last quarter of the 15th century

74October 14 2017

Contdhellip

bull 1550s the

Stationersrsquo

Company was

chartered by royal

decree and

effectively controlled

the printing and

dissemination of

books throughout

England

75October 14 2017

Deposit Requirement

bull Stationers agreed to

deposit a copy every

new book in Oxford

University Library

-Agreement signed with

Thomas Bodley in

1610

76October 14 2017

Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden

ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo

bull Charter Lapsed in 1695

bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks

bull Term of copyright was28 years [14 years + 14years if the author was stillalive]

77October 14 2017

Other Parts of the World

bull In Germany authorrsquos rights were

recognized by a Saxon Order dated Feb

27 1686

bull In USA the first federal law on copyright

the Copyright Law 1790 provided

protection to books maps and charts

bull In France a copyright decree was adopted in

1791

78October 14 2017

History of Copyright in India

3 distinct phasesgtgtgtgt

Phase I 1847 Copyright Law East India Company

Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)

Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)

Amended 6 timesgt 1983 84 92 94 99 amp 2012

httpwwwcopyrightgovin

79October 14 2017

5 Publishers Formed Coalition

October 14 2017 59

60October 14 2017

Case Study University of Delhi

October 14 2017 62

October 14 2017 63

October 14 2017 64

October 14 2017 65

October 14 2017 66

67October 14 2017

68October 14 2017

Copyright amp Monkey Selfie

Female Celebes crested macaque

David Slater

October 14 2017 69

Harry Potter amp Saga of Cases

October 14 2017 70

Harry Potter Vs Hari Puttar

October 14 2017 71

Roger V Koons (1992)

October 14 2017 72

Ecce Homo Case

October 14 2017 73

The Idea of Copyright

bull Letrsquos go to 500 yrs backhelliphellip

-Johann Gutenberg in Germany around 1440 Invented movable printing press

-Introduced to England by William Caxton in the last quarter of the 15th century

74October 14 2017

Contdhellip

bull 1550s the

Stationersrsquo

Company was

chartered by royal

decree and

effectively controlled

the printing and

dissemination of

books throughout

England

75October 14 2017

Deposit Requirement

bull Stationers agreed to

deposit a copy every

new book in Oxford

University Library

-Agreement signed with

Thomas Bodley in

1610

76October 14 2017

Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden

ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo

bull Charter Lapsed in 1695

bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks

bull Term of copyright was28 years [14 years + 14years if the author was stillalive]

77October 14 2017

Other Parts of the World

bull In Germany authorrsquos rights were

recognized by a Saxon Order dated Feb

27 1686

bull In USA the first federal law on copyright

the Copyright Law 1790 provided

protection to books maps and charts

bull In France a copyright decree was adopted in

1791

78October 14 2017

History of Copyright in India

3 distinct phasesgtgtgtgt

Phase I 1847 Copyright Law East India Company

Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)

Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)

Amended 6 timesgt 1983 84 92 94 99 amp 2012

httpwwwcopyrightgovin

79October 14 2017

60October 14 2017

Case Study University of Delhi

October 14 2017 62

October 14 2017 63

October 14 2017 64

October 14 2017 65

October 14 2017 66

67October 14 2017

68October 14 2017

Copyright amp Monkey Selfie

Female Celebes crested macaque

David Slater

October 14 2017 69

Harry Potter amp Saga of Cases

October 14 2017 70

Harry Potter Vs Hari Puttar

October 14 2017 71

Roger V Koons (1992)

October 14 2017 72

Ecce Homo Case

October 14 2017 73

The Idea of Copyright

bull Letrsquos go to 500 yrs backhelliphellip

-Johann Gutenberg in Germany around 1440 Invented movable printing press

-Introduced to England by William Caxton in the last quarter of the 15th century

74October 14 2017

Contdhellip

bull 1550s the

Stationersrsquo

Company was

chartered by royal

decree and

effectively controlled

the printing and

dissemination of

books throughout

England

75October 14 2017

Deposit Requirement

bull Stationers agreed to

deposit a copy every

new book in Oxford

University Library

-Agreement signed with

Thomas Bodley in

1610

76October 14 2017

Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden

ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo

bull Charter Lapsed in 1695

bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks

bull Term of copyright was28 years [14 years + 14years if the author was stillalive]

77October 14 2017

Other Parts of the World

bull In Germany authorrsquos rights were

recognized by a Saxon Order dated Feb

27 1686

bull In USA the first federal law on copyright

the Copyright Law 1790 provided

protection to books maps and charts

bull In France a copyright decree was adopted in

1791

78October 14 2017

History of Copyright in India

3 distinct phasesgtgtgtgt

Phase I 1847 Copyright Law East India Company

Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)

Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)

Amended 6 timesgt 1983 84 92 94 99 amp 2012

httpwwwcopyrightgovin

79October 14 2017

Case Study University of Delhi

October 14 2017 62

October 14 2017 63

October 14 2017 64

October 14 2017 65

October 14 2017 66

67October 14 2017

68October 14 2017

Copyright amp Monkey Selfie

Female Celebes crested macaque

David Slater

October 14 2017 69

Harry Potter amp Saga of Cases

October 14 2017 70

Harry Potter Vs Hari Puttar

October 14 2017 71

Roger V Koons (1992)

October 14 2017 72

Ecce Homo Case

October 14 2017 73

The Idea of Copyright

bull Letrsquos go to 500 yrs backhelliphellip

-Johann Gutenberg in Germany around 1440 Invented movable printing press

-Introduced to England by William Caxton in the last quarter of the 15th century

74October 14 2017

Contdhellip

bull 1550s the

Stationersrsquo

Company was

chartered by royal

decree and

effectively controlled

the printing and

dissemination of

books throughout

England

75October 14 2017

Deposit Requirement

bull Stationers agreed to

deposit a copy every

new book in Oxford

University Library

-Agreement signed with

Thomas Bodley in

1610

76October 14 2017

Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden

ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo

bull Charter Lapsed in 1695

bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks

bull Term of copyright was28 years [14 years + 14years if the author was stillalive]

77October 14 2017

Other Parts of the World

bull In Germany authorrsquos rights were

recognized by a Saxon Order dated Feb

27 1686

bull In USA the first federal law on copyright

the Copyright Law 1790 provided

protection to books maps and charts

bull In France a copyright decree was adopted in

1791

78October 14 2017

History of Copyright in India

3 distinct phasesgtgtgtgt

Phase I 1847 Copyright Law East India Company

Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)

Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)

Amended 6 timesgt 1983 84 92 94 99 amp 2012

httpwwwcopyrightgovin

79October 14 2017

October 14 2017 62

October 14 2017 63

October 14 2017 64

October 14 2017 65

October 14 2017 66

67October 14 2017

68October 14 2017

Copyright amp Monkey Selfie

Female Celebes crested macaque

David Slater

October 14 2017 69

Harry Potter amp Saga of Cases

October 14 2017 70

Harry Potter Vs Hari Puttar

October 14 2017 71

Roger V Koons (1992)

October 14 2017 72

Ecce Homo Case

October 14 2017 73

The Idea of Copyright

bull Letrsquos go to 500 yrs backhelliphellip

-Johann Gutenberg in Germany around 1440 Invented movable printing press

-Introduced to England by William Caxton in the last quarter of the 15th century

74October 14 2017

Contdhellip

bull 1550s the

Stationersrsquo

Company was

chartered by royal

decree and

effectively controlled

the printing and

dissemination of

books throughout

England

75October 14 2017

Deposit Requirement

bull Stationers agreed to

deposit a copy every

new book in Oxford

University Library

-Agreement signed with

Thomas Bodley in

1610

76October 14 2017

Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden

ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo

bull Charter Lapsed in 1695

bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks

bull Term of copyright was28 years [14 years + 14years if the author was stillalive]

77October 14 2017

Other Parts of the World

bull In Germany authorrsquos rights were

recognized by a Saxon Order dated Feb

27 1686

bull In USA the first federal law on copyright

the Copyright Law 1790 provided

protection to books maps and charts

bull In France a copyright decree was adopted in

1791

78October 14 2017

History of Copyright in India

3 distinct phasesgtgtgtgt

Phase I 1847 Copyright Law East India Company

Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)

Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)

Amended 6 timesgt 1983 84 92 94 99 amp 2012

httpwwwcopyrightgovin

79October 14 2017

October 14 2017 63

October 14 2017 64

October 14 2017 65

October 14 2017 66

67October 14 2017

68October 14 2017

Copyright amp Monkey Selfie

Female Celebes crested macaque

David Slater

October 14 2017 69

Harry Potter amp Saga of Cases

October 14 2017 70

Harry Potter Vs Hari Puttar

October 14 2017 71

Roger V Koons (1992)

October 14 2017 72

Ecce Homo Case

October 14 2017 73

The Idea of Copyright

bull Letrsquos go to 500 yrs backhelliphellip

-Johann Gutenberg in Germany around 1440 Invented movable printing press

-Introduced to England by William Caxton in the last quarter of the 15th century

74October 14 2017

Contdhellip

bull 1550s the

Stationersrsquo

Company was

chartered by royal

decree and

effectively controlled

the printing and

dissemination of

books throughout

England

75October 14 2017

Deposit Requirement

bull Stationers agreed to

deposit a copy every

new book in Oxford

University Library

-Agreement signed with

Thomas Bodley in

1610

76October 14 2017

Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden

ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo

bull Charter Lapsed in 1695

bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks

bull Term of copyright was28 years [14 years + 14years if the author was stillalive]

77October 14 2017

Other Parts of the World

bull In Germany authorrsquos rights were

recognized by a Saxon Order dated Feb

27 1686

bull In USA the first federal law on copyright

the Copyright Law 1790 provided

protection to books maps and charts

bull In France a copyright decree was adopted in

1791

78October 14 2017

History of Copyright in India

3 distinct phasesgtgtgtgt

Phase I 1847 Copyright Law East India Company

Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)

Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)

Amended 6 timesgt 1983 84 92 94 99 amp 2012

httpwwwcopyrightgovin

79October 14 2017

October 14 2017 64

October 14 2017 65

October 14 2017 66

67October 14 2017

68October 14 2017

Copyright amp Monkey Selfie

Female Celebes crested macaque

David Slater

October 14 2017 69

Harry Potter amp Saga of Cases

October 14 2017 70

Harry Potter Vs Hari Puttar

October 14 2017 71

Roger V Koons (1992)

October 14 2017 72

Ecce Homo Case

October 14 2017 73

The Idea of Copyright

bull Letrsquos go to 500 yrs backhelliphellip

-Johann Gutenberg in Germany around 1440 Invented movable printing press

-Introduced to England by William Caxton in the last quarter of the 15th century

74October 14 2017

Contdhellip

bull 1550s the

Stationersrsquo

Company was

chartered by royal

decree and

effectively controlled

the printing and

dissemination of

books throughout

England

75October 14 2017

Deposit Requirement

bull Stationers agreed to

deposit a copy every

new book in Oxford

University Library

-Agreement signed with

Thomas Bodley in

1610

76October 14 2017

Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden

ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo

bull Charter Lapsed in 1695

bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks

bull Term of copyright was28 years [14 years + 14years if the author was stillalive]

77October 14 2017

Other Parts of the World

bull In Germany authorrsquos rights were

recognized by a Saxon Order dated Feb

27 1686

bull In USA the first federal law on copyright

the Copyright Law 1790 provided

protection to books maps and charts

bull In France a copyright decree was adopted in

1791

78October 14 2017

History of Copyright in India

3 distinct phasesgtgtgtgt

Phase I 1847 Copyright Law East India Company

Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)

Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)

Amended 6 timesgt 1983 84 92 94 99 amp 2012

httpwwwcopyrightgovin

79October 14 2017

October 14 2017 65

October 14 2017 66

67October 14 2017

68October 14 2017

Copyright amp Monkey Selfie

Female Celebes crested macaque

David Slater

October 14 2017 69

Harry Potter amp Saga of Cases

October 14 2017 70

Harry Potter Vs Hari Puttar

October 14 2017 71

Roger V Koons (1992)

October 14 2017 72

Ecce Homo Case

October 14 2017 73

The Idea of Copyright

bull Letrsquos go to 500 yrs backhelliphellip

-Johann Gutenberg in Germany around 1440 Invented movable printing press

-Introduced to England by William Caxton in the last quarter of the 15th century

74October 14 2017

Contdhellip

bull 1550s the

Stationersrsquo

Company was

chartered by royal

decree and

effectively controlled

the printing and

dissemination of

books throughout

England

75October 14 2017

Deposit Requirement

bull Stationers agreed to

deposit a copy every

new book in Oxford

University Library

-Agreement signed with

Thomas Bodley in

1610

76October 14 2017

Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden

ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo

bull Charter Lapsed in 1695

bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks

bull Term of copyright was28 years [14 years + 14years if the author was stillalive]

77October 14 2017

Other Parts of the World

bull In Germany authorrsquos rights were

recognized by a Saxon Order dated Feb

27 1686

bull In USA the first federal law on copyright

the Copyright Law 1790 provided

protection to books maps and charts

bull In France a copyright decree was adopted in

1791

78October 14 2017

History of Copyright in India

3 distinct phasesgtgtgtgt

Phase I 1847 Copyright Law East India Company

Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)

Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)

Amended 6 timesgt 1983 84 92 94 99 amp 2012

httpwwwcopyrightgovin

79October 14 2017

October 14 2017 66

67October 14 2017

68October 14 2017

Copyright amp Monkey Selfie

Female Celebes crested macaque

David Slater

October 14 2017 69

Harry Potter amp Saga of Cases

October 14 2017 70

Harry Potter Vs Hari Puttar

October 14 2017 71

Roger V Koons (1992)

October 14 2017 72

Ecce Homo Case

October 14 2017 73

The Idea of Copyright

bull Letrsquos go to 500 yrs backhelliphellip

-Johann Gutenberg in Germany around 1440 Invented movable printing press

-Introduced to England by William Caxton in the last quarter of the 15th century

74October 14 2017

Contdhellip

bull 1550s the

Stationersrsquo

Company was

chartered by royal

decree and

effectively controlled

the printing and

dissemination of

books throughout

England

75October 14 2017

Deposit Requirement

bull Stationers agreed to

deposit a copy every

new book in Oxford

University Library

-Agreement signed with

Thomas Bodley in

1610

76October 14 2017

Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden

ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo

bull Charter Lapsed in 1695

bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks

bull Term of copyright was28 years [14 years + 14years if the author was stillalive]

77October 14 2017

Other Parts of the World

bull In Germany authorrsquos rights were

recognized by a Saxon Order dated Feb

27 1686

bull In USA the first federal law on copyright

the Copyright Law 1790 provided

protection to books maps and charts

bull In France a copyright decree was adopted in

1791

78October 14 2017

History of Copyright in India

3 distinct phasesgtgtgtgt

Phase I 1847 Copyright Law East India Company

Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)

Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)

Amended 6 timesgt 1983 84 92 94 99 amp 2012

httpwwwcopyrightgovin

79October 14 2017

67October 14 2017

68October 14 2017

Copyright amp Monkey Selfie

Female Celebes crested macaque

David Slater

October 14 2017 69

Harry Potter amp Saga of Cases

October 14 2017 70

Harry Potter Vs Hari Puttar

October 14 2017 71

Roger V Koons (1992)

October 14 2017 72

Ecce Homo Case

October 14 2017 73

The Idea of Copyright

bull Letrsquos go to 500 yrs backhelliphellip

-Johann Gutenberg in Germany around 1440 Invented movable printing press

-Introduced to England by William Caxton in the last quarter of the 15th century

74October 14 2017

Contdhellip

bull 1550s the

Stationersrsquo

Company was

chartered by royal

decree and

effectively controlled

the printing and

dissemination of

books throughout

England

75October 14 2017

Deposit Requirement

bull Stationers agreed to

deposit a copy every

new book in Oxford

University Library

-Agreement signed with

Thomas Bodley in

1610

76October 14 2017

Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden

ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo

bull Charter Lapsed in 1695

bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks

bull Term of copyright was28 years [14 years + 14years if the author was stillalive]

77October 14 2017

Other Parts of the World

bull In Germany authorrsquos rights were

recognized by a Saxon Order dated Feb

27 1686

bull In USA the first federal law on copyright

the Copyright Law 1790 provided

protection to books maps and charts

bull In France a copyright decree was adopted in

1791

78October 14 2017

History of Copyright in India

3 distinct phasesgtgtgtgt

Phase I 1847 Copyright Law East India Company

Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)

Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)

Amended 6 timesgt 1983 84 92 94 99 amp 2012

httpwwwcopyrightgovin

79October 14 2017

68October 14 2017

Copyright amp Monkey Selfie

Female Celebes crested macaque

David Slater

October 14 2017 69

Harry Potter amp Saga of Cases

October 14 2017 70

Harry Potter Vs Hari Puttar

October 14 2017 71

Roger V Koons (1992)

October 14 2017 72

Ecce Homo Case

October 14 2017 73

The Idea of Copyright

bull Letrsquos go to 500 yrs backhelliphellip

-Johann Gutenberg in Germany around 1440 Invented movable printing press

-Introduced to England by William Caxton in the last quarter of the 15th century

74October 14 2017

Contdhellip

bull 1550s the

Stationersrsquo

Company was

chartered by royal

decree and

effectively controlled

the printing and

dissemination of

books throughout

England

75October 14 2017

Deposit Requirement

bull Stationers agreed to

deposit a copy every

new book in Oxford

University Library

-Agreement signed with

Thomas Bodley in

1610

76October 14 2017

Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden

ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo

bull Charter Lapsed in 1695

bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks

bull Term of copyright was28 years [14 years + 14years if the author was stillalive]

77October 14 2017

Other Parts of the World

bull In Germany authorrsquos rights were

recognized by a Saxon Order dated Feb

27 1686

bull In USA the first federal law on copyright

the Copyright Law 1790 provided

protection to books maps and charts

bull In France a copyright decree was adopted in

1791

78October 14 2017

History of Copyright in India

3 distinct phasesgtgtgtgt

Phase I 1847 Copyright Law East India Company

Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)

Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)

Amended 6 timesgt 1983 84 92 94 99 amp 2012

httpwwwcopyrightgovin

79October 14 2017

Copyright amp Monkey Selfie

Female Celebes crested macaque

David Slater

October 14 2017 69

Harry Potter amp Saga of Cases

October 14 2017 70

Harry Potter Vs Hari Puttar

October 14 2017 71

Roger V Koons (1992)

October 14 2017 72

Ecce Homo Case

October 14 2017 73

The Idea of Copyright

bull Letrsquos go to 500 yrs backhelliphellip

-Johann Gutenberg in Germany around 1440 Invented movable printing press

-Introduced to England by William Caxton in the last quarter of the 15th century

74October 14 2017

Contdhellip

bull 1550s the

Stationersrsquo

Company was

chartered by royal

decree and

effectively controlled

the printing and

dissemination of

books throughout

England

75October 14 2017

Deposit Requirement

bull Stationers agreed to

deposit a copy every

new book in Oxford

University Library

-Agreement signed with

Thomas Bodley in

1610

76October 14 2017

Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden

ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo

bull Charter Lapsed in 1695

bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks

bull Term of copyright was28 years [14 years + 14years if the author was stillalive]

77October 14 2017

Other Parts of the World

bull In Germany authorrsquos rights were

recognized by a Saxon Order dated Feb

27 1686

bull In USA the first federal law on copyright

the Copyright Law 1790 provided

protection to books maps and charts

bull In France a copyright decree was adopted in

1791

78October 14 2017

History of Copyright in India

3 distinct phasesgtgtgtgt

Phase I 1847 Copyright Law East India Company

Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)

Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)

Amended 6 timesgt 1983 84 92 94 99 amp 2012

httpwwwcopyrightgovin

79October 14 2017

Harry Potter amp Saga of Cases

October 14 2017 70

Harry Potter Vs Hari Puttar

October 14 2017 71

Roger V Koons (1992)

October 14 2017 72

Ecce Homo Case

October 14 2017 73

The Idea of Copyright

bull Letrsquos go to 500 yrs backhelliphellip

-Johann Gutenberg in Germany around 1440 Invented movable printing press

-Introduced to England by William Caxton in the last quarter of the 15th century

74October 14 2017

Contdhellip

bull 1550s the

Stationersrsquo

Company was

chartered by royal

decree and

effectively controlled

the printing and

dissemination of

books throughout

England

75October 14 2017

Deposit Requirement

bull Stationers agreed to

deposit a copy every

new book in Oxford

University Library

-Agreement signed with

Thomas Bodley in

1610

76October 14 2017

Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden

ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo

bull Charter Lapsed in 1695

bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks

bull Term of copyright was28 years [14 years + 14years if the author was stillalive]

77October 14 2017

Other Parts of the World

bull In Germany authorrsquos rights were

recognized by a Saxon Order dated Feb

27 1686

bull In USA the first federal law on copyright

the Copyright Law 1790 provided

protection to books maps and charts

bull In France a copyright decree was adopted in

1791

78October 14 2017

History of Copyright in India

3 distinct phasesgtgtgtgt

Phase I 1847 Copyright Law East India Company

Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)

Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)

Amended 6 timesgt 1983 84 92 94 99 amp 2012

httpwwwcopyrightgovin

79October 14 2017

Harry Potter Vs Hari Puttar

October 14 2017 71

Roger V Koons (1992)

October 14 2017 72

Ecce Homo Case

October 14 2017 73

The Idea of Copyright

bull Letrsquos go to 500 yrs backhelliphellip

-Johann Gutenberg in Germany around 1440 Invented movable printing press

-Introduced to England by William Caxton in the last quarter of the 15th century

74October 14 2017

Contdhellip

bull 1550s the

Stationersrsquo

Company was

chartered by royal

decree and

effectively controlled

the printing and

dissemination of

books throughout

England

75October 14 2017

Deposit Requirement

bull Stationers agreed to

deposit a copy every

new book in Oxford

University Library

-Agreement signed with

Thomas Bodley in

1610

76October 14 2017

Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden

ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo

bull Charter Lapsed in 1695

bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks

bull Term of copyright was28 years [14 years + 14years if the author was stillalive]

77October 14 2017

Other Parts of the World

bull In Germany authorrsquos rights were

recognized by a Saxon Order dated Feb

27 1686

bull In USA the first federal law on copyright

the Copyright Law 1790 provided

protection to books maps and charts

bull In France a copyright decree was adopted in

1791

78October 14 2017

History of Copyright in India

3 distinct phasesgtgtgtgt

Phase I 1847 Copyright Law East India Company

Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)

Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)

Amended 6 timesgt 1983 84 92 94 99 amp 2012

httpwwwcopyrightgovin

79October 14 2017

Roger V Koons (1992)

October 14 2017 72

Ecce Homo Case

October 14 2017 73

The Idea of Copyright

bull Letrsquos go to 500 yrs backhelliphellip

-Johann Gutenberg in Germany around 1440 Invented movable printing press

-Introduced to England by William Caxton in the last quarter of the 15th century

74October 14 2017

Contdhellip

bull 1550s the

Stationersrsquo

Company was

chartered by royal

decree and

effectively controlled

the printing and

dissemination of

books throughout

England

75October 14 2017

Deposit Requirement

bull Stationers agreed to

deposit a copy every

new book in Oxford

University Library

-Agreement signed with

Thomas Bodley in

1610

76October 14 2017

Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden

ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo

bull Charter Lapsed in 1695

bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks

bull Term of copyright was28 years [14 years + 14years if the author was stillalive]

77October 14 2017

Other Parts of the World

bull In Germany authorrsquos rights were

recognized by a Saxon Order dated Feb

27 1686

bull In USA the first federal law on copyright

the Copyright Law 1790 provided

protection to books maps and charts

bull In France a copyright decree was adopted in

1791

78October 14 2017

History of Copyright in India

3 distinct phasesgtgtgtgt

Phase I 1847 Copyright Law East India Company

Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)

Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)

Amended 6 timesgt 1983 84 92 94 99 amp 2012

httpwwwcopyrightgovin

79October 14 2017

Ecce Homo Case

October 14 2017 73

The Idea of Copyright

bull Letrsquos go to 500 yrs backhelliphellip

-Johann Gutenberg in Germany around 1440 Invented movable printing press

-Introduced to England by William Caxton in the last quarter of the 15th century

74October 14 2017

Contdhellip

bull 1550s the

Stationersrsquo

Company was

chartered by royal

decree and

effectively controlled

the printing and

dissemination of

books throughout

England

75October 14 2017

Deposit Requirement

bull Stationers agreed to

deposit a copy every

new book in Oxford

University Library

-Agreement signed with

Thomas Bodley in

1610

76October 14 2017

Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden

ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo

bull Charter Lapsed in 1695

bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks

bull Term of copyright was28 years [14 years + 14years if the author was stillalive]

77October 14 2017

Other Parts of the World

bull In Germany authorrsquos rights were

recognized by a Saxon Order dated Feb

27 1686

bull In USA the first federal law on copyright

the Copyright Law 1790 provided

protection to books maps and charts

bull In France a copyright decree was adopted in

1791

78October 14 2017

History of Copyright in India

3 distinct phasesgtgtgtgt

Phase I 1847 Copyright Law East India Company

Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)

Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)

Amended 6 timesgt 1983 84 92 94 99 amp 2012

httpwwwcopyrightgovin

79October 14 2017

The Idea of Copyright

bull Letrsquos go to 500 yrs backhelliphellip

-Johann Gutenberg in Germany around 1440 Invented movable printing press

-Introduced to England by William Caxton in the last quarter of the 15th century

74October 14 2017

Contdhellip

bull 1550s the

Stationersrsquo

Company was

chartered by royal

decree and

effectively controlled

the printing and

dissemination of

books throughout

England

75October 14 2017

Deposit Requirement

bull Stationers agreed to

deposit a copy every

new book in Oxford

University Library

-Agreement signed with

Thomas Bodley in

1610

76October 14 2017

Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden

ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo

bull Charter Lapsed in 1695

bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks

bull Term of copyright was28 years [14 years + 14years if the author was stillalive]

77October 14 2017

Other Parts of the World

bull In Germany authorrsquos rights were

recognized by a Saxon Order dated Feb

27 1686

bull In USA the first federal law on copyright

the Copyright Law 1790 provided

protection to books maps and charts

bull In France a copyright decree was adopted in

1791

78October 14 2017

History of Copyright in India

3 distinct phasesgtgtgtgt

Phase I 1847 Copyright Law East India Company

Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)

Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)

Amended 6 timesgt 1983 84 92 94 99 amp 2012

httpwwwcopyrightgovin

79October 14 2017

Contdhellip

bull 1550s the

Stationersrsquo

Company was

chartered by royal

decree and

effectively controlled

the printing and

dissemination of

books throughout

England

75October 14 2017

Deposit Requirement

bull Stationers agreed to

deposit a copy every

new book in Oxford

University Library

-Agreement signed with

Thomas Bodley in

1610

76October 14 2017

Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden

ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo

bull Charter Lapsed in 1695

bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks

bull Term of copyright was28 years [14 years + 14years if the author was stillalive]

77October 14 2017

Other Parts of the World

bull In Germany authorrsquos rights were

recognized by a Saxon Order dated Feb

27 1686

bull In USA the first federal law on copyright

the Copyright Law 1790 provided

protection to books maps and charts

bull In France a copyright decree was adopted in

1791

78October 14 2017

History of Copyright in India

3 distinct phasesgtgtgtgt

Phase I 1847 Copyright Law East India Company

Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)

Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)

Amended 6 timesgt 1983 84 92 94 99 amp 2012

httpwwwcopyrightgovin

79October 14 2017

Deposit Requirement

bull Stationers agreed to

deposit a copy every

new book in Oxford

University Library

-Agreement signed with

Thomas Bodley in

1610

76October 14 2017

Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden

ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo

bull Charter Lapsed in 1695

bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks

bull Term of copyright was28 years [14 years + 14years if the author was stillalive]

77October 14 2017

Other Parts of the World

bull In Germany authorrsquos rights were

recognized by a Saxon Order dated Feb

27 1686

bull In USA the first federal law on copyright

the Copyright Law 1790 provided

protection to books maps and charts

bull In France a copyright decree was adopted in

1791

78October 14 2017

History of Copyright in India

3 distinct phasesgtgtgtgt

Phase I 1847 Copyright Law East India Company

Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)

Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)

Amended 6 timesgt 1983 84 92 94 99 amp 2012

httpwwwcopyrightgovin

79October 14 2017

Donaldson v Beckett (1774) (98 Eng Rep 257) ndash Lord Camden

ldquoKnowledge has no value or use for the solitary owner to be enjoyed it must be communicatedrdquo

bull Charter Lapsed in 1695

bull Englands Statute ofAnne (1710) is widelyregarded as the firstmodern copyright law thatfor the first time protectedthe rights of authorsrather than publishers ofbooks

bull Term of copyright was28 years [14 years + 14years if the author was stillalive]

77October 14 2017

Other Parts of the World

bull In Germany authorrsquos rights were

recognized by a Saxon Order dated Feb

27 1686

bull In USA the first federal law on copyright

the Copyright Law 1790 provided

protection to books maps and charts

bull In France a copyright decree was adopted in

1791

78October 14 2017

History of Copyright in India

3 distinct phasesgtgtgtgt

Phase I 1847 Copyright Law East India Company

Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)

Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)

Amended 6 timesgt 1983 84 92 94 99 amp 2012

httpwwwcopyrightgovin

79October 14 2017

Other Parts of the World

bull In Germany authorrsquos rights were

recognized by a Saxon Order dated Feb

27 1686

bull In USA the first federal law on copyright

the Copyright Law 1790 provided

protection to books maps and charts

bull In France a copyright decree was adopted in

1791

78October 14 2017

History of Copyright in India

3 distinct phasesgtgtgtgt

Phase I 1847 Copyright Law East India Company

Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)

Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)

Amended 6 timesgt 1983 84 92 94 99 amp 2012

httpwwwcopyrightgovin

79October 14 2017

History of Copyright in India

3 distinct phasesgtgtgtgt

Phase I 1847 Copyright Law East India Company

Phase II 1914 Indian Copyright Act ( UK Copyright Act 1911 as template)

Phase III 1957 Indian Copyright Act (repealed Indian Copyright Act of 1914)

Amended 6 timesgt 1983 84 92 94 99 amp 2012

httpwwwcopyrightgovin

79October 14 2017

October 14 2017 80

3 Options before Creators of Literary and

Artistic Works

81October 14 2017

Philo

sophic

al bull Philosophical

Legal bull Legal

Functional bull Functional

3 Aspects of Copyright

Philosophical Aspects

bull Creativity

bull Originality

bull IdeaExpression Dichotomy

bull Fixation

All copyright related cases conflicts disputes

dilemma and litigations are resolved based on

its philosophical mission

October 14 2017 82

Legal Aspects

bull Indian Copyright Act 1957

bull Various International Copyright Agreements The Berne convention

Rome convention

The TRIPS agreement

Universal copyright convention

WIPO copyright treaty

WIPO performances and phonogram treaty

Digital Millennium Copyright Act (DMCA)

bull Various case studies and its interpretations

bull Copyright compliance and infringementOctober 14 2017 83

What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)

Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain

For copyright protection

1 The work must be original

2 The work must be fixed or presented in a tangible form such as writing film or

photography

3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for

protection

LET US DISCUSS THE FUNCTIONAL

ASPECTShellip OF COPYRIGHT

84October 14 2017

October 14 2017 85

Copyright as Economic or Moral Right

Copyright

Economic Right Moral Right

licensed assigned Can not be transferred

or reserved

October 14 2017 86

Contd

Economic Right

1 Rights for reproduction

2 Rights to publish

3 Rights for rental and lending

4 Rights for

modificationadaptation

5 Right to translate

6 Rights for distribution

7 Rights for public performance

8 Rights for public display

9 Rights of communication to the

public

Moral Rights

bull The Right of Paternity

bull The Right of Integrity

bull The Right of False

attribution

bull The Right of Disclosure

bull The Right of Publication

October 14 2017 87

Few Facts of Copyright

bull ldquoIt is the product of the labour skill and capital of one

man which must not be appropriated by anotherrdquo (- per

Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)

bull Copyright in form or expression not in idea ldquoThere is

nothing in the notion of copyright to prevent a second person

from producing an identical resultrdquo (Gregory Committee

Report 1952 para 9

bull Copyrights are considered territorial rights

October 14 2017 88

Few Important Terms

bull Adaptation or

Derivative works

bull Transformativeness

bull Compilations

bull Translations

bull Assign

bull simply means selling

out onersquos copyrighted

work

bull License

bull A license simply

means renting onersquos

copyrighted work

bull Reserving the rightsOctober 14 2017 89

Who is Author

bull In the case of a literary or dramatic work the author ie the person who creates the work

bull In the case of a musical work the composer

bull In the case of a cinematograph film the producer

bull In the case of a sound recording the producer

bull In the case of a photograph the photographer

bull In the case of a computer generated work the person who causes the work to be created

90October 14 2017

Copyright for Sound Recordings

bull Ordinarily the author is the first owner of copyright in a work

bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording

October 14 2017 91

Copyright for Movie

bull The cine artiste who acts inthe film is not protected bycopyright law for his acting

bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners

October 14 2017 92

Cinema in New Technology

bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer

Video-On-Demand (VOD)Pay PerView (PPV)Download to Own

Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film

Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films

October 14 2017 93

Core Copyright Industries( include newspapers books and

periodicals motion pictures recorded music music publishing radio

and television broadcasting and business and entertainment

software)

Partial Copyright Industries (include from fabric to jewelry to

furniture to toys and games )

Distribution Copyright Industries (non-dedicated support

industries includes industries that distribute both copyright and non-

copyright protected materials )

Copyright Related Industries (include manufacturers

wholesalers and retailers of CD players TV sets VCRs personal

computers and usage dependent products including blank recording

material and certain categories of storage mediums94October 14 2017

Copyright IndustriesCultural IndustriesContent Industries

No Acquisition of copyright is automatic and

it does not require any formality Copyright

comes into existence as soon as a work is

created and no formality is required to be

completed for acquiring copyright However

certificate of registration of copyright and the

entries made therein serve as prima facie

evidence in a court of law with reference to

dispute relating to ownership of copyright

IS IT NECESSARY TO REGISTER A WORK

TO CLAIM COPYRIGHT

95October 14 2017

Is copyright assignable

bull Yes The owner of the copyright in an

existing work or the prospective owner of

the copyright in a future work may assign

to any person the copyright either wholly

or partially and either generally or subject

to limitations and either for the whole term

of the copyright or any part thereof

October 14 2017 96

Contd

What will be the period of assignment if not specificallystated in the assignments

bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment

What will be the territorial extent of the assignment if notspecified in the assignment

bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia

Can an author relinquish copyright and if so how

bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97

Can I myself file an application for

registration of copyright of a work directly

bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin

bull e-filing for Copyright

Registration

October 14 2017 98

81October 14 2017

Philo

sophic

al bull Philosophical

Legal bull Legal

Functional bull Functional

3 Aspects of Copyright

Philosophical Aspects

bull Creativity

bull Originality

bull IdeaExpression Dichotomy

bull Fixation

All copyright related cases conflicts disputes

dilemma and litigations are resolved based on

its philosophical mission

October 14 2017 82

Legal Aspects

bull Indian Copyright Act 1957

bull Various International Copyright Agreements The Berne convention

Rome convention

The TRIPS agreement

Universal copyright convention

WIPO copyright treaty

WIPO performances and phonogram treaty

Digital Millennium Copyright Act (DMCA)

bull Various case studies and its interpretations

bull Copyright compliance and infringementOctober 14 2017 83

What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)

Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain

For copyright protection

1 The work must be original

2 The work must be fixed or presented in a tangible form such as writing film or

photography

3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for

protection

LET US DISCUSS THE FUNCTIONAL

ASPECTShellip OF COPYRIGHT

84October 14 2017

October 14 2017 85

Copyright as Economic or Moral Right

Copyright

Economic Right Moral Right

licensed assigned Can not be transferred

or reserved

October 14 2017 86

Contd

Economic Right

1 Rights for reproduction

2 Rights to publish

3 Rights for rental and lending

4 Rights for

modificationadaptation

5 Right to translate

6 Rights for distribution

7 Rights for public performance

8 Rights for public display

9 Rights of communication to the

public

Moral Rights

bull The Right of Paternity

bull The Right of Integrity

bull The Right of False

attribution

bull The Right of Disclosure

bull The Right of Publication

October 14 2017 87

Few Facts of Copyright

bull ldquoIt is the product of the labour skill and capital of one

man which must not be appropriated by anotherrdquo (- per

Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)

bull Copyright in form or expression not in idea ldquoThere is

nothing in the notion of copyright to prevent a second person

from producing an identical resultrdquo (Gregory Committee

Report 1952 para 9

bull Copyrights are considered territorial rights

October 14 2017 88

Few Important Terms

bull Adaptation or

Derivative works

bull Transformativeness

bull Compilations

bull Translations

bull Assign

bull simply means selling

out onersquos copyrighted

work

bull License

bull A license simply

means renting onersquos

copyrighted work

bull Reserving the rightsOctober 14 2017 89

Who is Author

bull In the case of a literary or dramatic work the author ie the person who creates the work

bull In the case of a musical work the composer

bull In the case of a cinematograph film the producer

bull In the case of a sound recording the producer

bull In the case of a photograph the photographer

bull In the case of a computer generated work the person who causes the work to be created

90October 14 2017

Copyright for Sound Recordings

bull Ordinarily the author is the first owner of copyright in a work

bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording

October 14 2017 91

Copyright for Movie

bull The cine artiste who acts inthe film is not protected bycopyright law for his acting

bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners

October 14 2017 92

Cinema in New Technology

bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer

Video-On-Demand (VOD)Pay PerView (PPV)Download to Own

Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film

Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films

October 14 2017 93

Core Copyright Industries( include newspapers books and

periodicals motion pictures recorded music music publishing radio

and television broadcasting and business and entertainment

software)

Partial Copyright Industries (include from fabric to jewelry to

furniture to toys and games )

Distribution Copyright Industries (non-dedicated support

industries includes industries that distribute both copyright and non-

copyright protected materials )

Copyright Related Industries (include manufacturers

wholesalers and retailers of CD players TV sets VCRs personal

computers and usage dependent products including blank recording

material and certain categories of storage mediums94October 14 2017

Copyright IndustriesCultural IndustriesContent Industries

No Acquisition of copyright is automatic and

it does not require any formality Copyright

comes into existence as soon as a work is

created and no formality is required to be

completed for acquiring copyright However

certificate of registration of copyright and the

entries made therein serve as prima facie

evidence in a court of law with reference to

dispute relating to ownership of copyright

IS IT NECESSARY TO REGISTER A WORK

TO CLAIM COPYRIGHT

95October 14 2017

Is copyright assignable

bull Yes The owner of the copyright in an

existing work or the prospective owner of

the copyright in a future work may assign

to any person the copyright either wholly

or partially and either generally or subject

to limitations and either for the whole term

of the copyright or any part thereof

October 14 2017 96

Contd

What will be the period of assignment if not specificallystated in the assignments

bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment

What will be the territorial extent of the assignment if notspecified in the assignment

bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia

Can an author relinquish copyright and if so how

bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97

Can I myself file an application for

registration of copyright of a work directly

bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin

bull e-filing for Copyright

Registration

October 14 2017 98

Philosophical Aspects

bull Creativity

bull Originality

bull IdeaExpression Dichotomy

bull Fixation

All copyright related cases conflicts disputes

dilemma and litigations are resolved based on

its philosophical mission

October 14 2017 82

Legal Aspects

bull Indian Copyright Act 1957

bull Various International Copyright Agreements The Berne convention

Rome convention

The TRIPS agreement

Universal copyright convention

WIPO copyright treaty

WIPO performances and phonogram treaty

Digital Millennium Copyright Act (DMCA)

bull Various case studies and its interpretations

bull Copyright compliance and infringementOctober 14 2017 83

What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)

Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain

For copyright protection

1 The work must be original

2 The work must be fixed or presented in a tangible form such as writing film or

photography

3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for

protection

LET US DISCUSS THE FUNCTIONAL

ASPECTShellip OF COPYRIGHT

84October 14 2017

October 14 2017 85

Copyright as Economic or Moral Right

Copyright

Economic Right Moral Right

licensed assigned Can not be transferred

or reserved

October 14 2017 86

Contd

Economic Right

1 Rights for reproduction

2 Rights to publish

3 Rights for rental and lending

4 Rights for

modificationadaptation

5 Right to translate

6 Rights for distribution

7 Rights for public performance

8 Rights for public display

9 Rights of communication to the

public

Moral Rights

bull The Right of Paternity

bull The Right of Integrity

bull The Right of False

attribution

bull The Right of Disclosure

bull The Right of Publication

October 14 2017 87

Few Facts of Copyright

bull ldquoIt is the product of the labour skill and capital of one

man which must not be appropriated by anotherrdquo (- per

Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)

bull Copyright in form or expression not in idea ldquoThere is

nothing in the notion of copyright to prevent a second person

from producing an identical resultrdquo (Gregory Committee

Report 1952 para 9

bull Copyrights are considered territorial rights

October 14 2017 88

Few Important Terms

bull Adaptation or

Derivative works

bull Transformativeness

bull Compilations

bull Translations

bull Assign

bull simply means selling

out onersquos copyrighted

work

bull License

bull A license simply

means renting onersquos

copyrighted work

bull Reserving the rightsOctober 14 2017 89

Who is Author

bull In the case of a literary or dramatic work the author ie the person who creates the work

bull In the case of a musical work the composer

bull In the case of a cinematograph film the producer

bull In the case of a sound recording the producer

bull In the case of a photograph the photographer

bull In the case of a computer generated work the person who causes the work to be created

90October 14 2017

Copyright for Sound Recordings

bull Ordinarily the author is the first owner of copyright in a work

bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording

October 14 2017 91

Copyright for Movie

bull The cine artiste who acts inthe film is not protected bycopyright law for his acting

bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners

October 14 2017 92

Cinema in New Technology

bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer

Video-On-Demand (VOD)Pay PerView (PPV)Download to Own

Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film

Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films

October 14 2017 93

Core Copyright Industries( include newspapers books and

periodicals motion pictures recorded music music publishing radio

and television broadcasting and business and entertainment

software)

Partial Copyright Industries (include from fabric to jewelry to

furniture to toys and games )

Distribution Copyright Industries (non-dedicated support

industries includes industries that distribute both copyright and non-

copyright protected materials )

Copyright Related Industries (include manufacturers

wholesalers and retailers of CD players TV sets VCRs personal

computers and usage dependent products including blank recording

material and certain categories of storage mediums94October 14 2017

Copyright IndustriesCultural IndustriesContent Industries

No Acquisition of copyright is automatic and

it does not require any formality Copyright

comes into existence as soon as a work is

created and no formality is required to be

completed for acquiring copyright However

certificate of registration of copyright and the

entries made therein serve as prima facie

evidence in a court of law with reference to

dispute relating to ownership of copyright

IS IT NECESSARY TO REGISTER A WORK

TO CLAIM COPYRIGHT

95October 14 2017

Is copyright assignable

bull Yes The owner of the copyright in an

existing work or the prospective owner of

the copyright in a future work may assign

to any person the copyright either wholly

or partially and either generally or subject

to limitations and either for the whole term

of the copyright or any part thereof

October 14 2017 96

Contd

What will be the period of assignment if not specificallystated in the assignments

bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment

What will be the territorial extent of the assignment if notspecified in the assignment

bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia

Can an author relinquish copyright and if so how

bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97

Can I myself file an application for

registration of copyright of a work directly

bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin

bull e-filing for Copyright

Registration

October 14 2017 98

Legal Aspects

bull Indian Copyright Act 1957

bull Various International Copyright Agreements The Berne convention

Rome convention

The TRIPS agreement

Universal copyright convention

WIPO copyright treaty

WIPO performances and phonogram treaty

Digital Millennium Copyright Act (DMCA)

bull Various case studies and its interpretations

bull Copyright compliance and infringementOctober 14 2017 83

What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)

Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain

For copyright protection

1 The work must be original

2 The work must be fixed or presented in a tangible form such as writing film or

photography

3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for

protection

LET US DISCUSS THE FUNCTIONAL

ASPECTShellip OF COPYRIGHT

84October 14 2017

October 14 2017 85

Copyright as Economic or Moral Right

Copyright

Economic Right Moral Right

licensed assigned Can not be transferred

or reserved

October 14 2017 86

Contd

Economic Right

1 Rights for reproduction

2 Rights to publish

3 Rights for rental and lending

4 Rights for

modificationadaptation

5 Right to translate

6 Rights for distribution

7 Rights for public performance

8 Rights for public display

9 Rights of communication to the

public

Moral Rights

bull The Right of Paternity

bull The Right of Integrity

bull The Right of False

attribution

bull The Right of Disclosure

bull The Right of Publication

October 14 2017 87

Few Facts of Copyright

bull ldquoIt is the product of the labour skill and capital of one

man which must not be appropriated by anotherrdquo (- per

Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)

bull Copyright in form or expression not in idea ldquoThere is

nothing in the notion of copyright to prevent a second person

from producing an identical resultrdquo (Gregory Committee

Report 1952 para 9

bull Copyrights are considered territorial rights

October 14 2017 88

Few Important Terms

bull Adaptation or

Derivative works

bull Transformativeness

bull Compilations

bull Translations

bull Assign

bull simply means selling

out onersquos copyrighted

work

bull License

bull A license simply

means renting onersquos

copyrighted work

bull Reserving the rightsOctober 14 2017 89

Who is Author

bull In the case of a literary or dramatic work the author ie the person who creates the work

bull In the case of a musical work the composer

bull In the case of a cinematograph film the producer

bull In the case of a sound recording the producer

bull In the case of a photograph the photographer

bull In the case of a computer generated work the person who causes the work to be created

90October 14 2017

Copyright for Sound Recordings

bull Ordinarily the author is the first owner of copyright in a work

bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording

October 14 2017 91

Copyright for Movie

bull The cine artiste who acts inthe film is not protected bycopyright law for his acting

bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners

October 14 2017 92

Cinema in New Technology

bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer

Video-On-Demand (VOD)Pay PerView (PPV)Download to Own

Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film

Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films

October 14 2017 93

Core Copyright Industries( include newspapers books and

periodicals motion pictures recorded music music publishing radio

and television broadcasting and business and entertainment

software)

Partial Copyright Industries (include from fabric to jewelry to

furniture to toys and games )

Distribution Copyright Industries (non-dedicated support

industries includes industries that distribute both copyright and non-

copyright protected materials )

Copyright Related Industries (include manufacturers

wholesalers and retailers of CD players TV sets VCRs personal

computers and usage dependent products including blank recording

material and certain categories of storage mediums94October 14 2017

Copyright IndustriesCultural IndustriesContent Industries

No Acquisition of copyright is automatic and

it does not require any formality Copyright

comes into existence as soon as a work is

created and no formality is required to be

completed for acquiring copyright However

certificate of registration of copyright and the

entries made therein serve as prima facie

evidence in a court of law with reference to

dispute relating to ownership of copyright

IS IT NECESSARY TO REGISTER A WORK

TO CLAIM COPYRIGHT

95October 14 2017

Is copyright assignable

bull Yes The owner of the copyright in an

existing work or the prospective owner of

the copyright in a future work may assign

to any person the copyright either wholly

or partially and either generally or subject

to limitations and either for the whole term

of the copyright or any part thereof

October 14 2017 96

Contd

What will be the period of assignment if not specificallystated in the assignments

bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment

What will be the territorial extent of the assignment if notspecified in the assignment

bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia

Can an author relinquish copyright and if so how

bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97

Can I myself file an application for

registration of copyright of a work directly

bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin

bull e-filing for Copyright

Registration

October 14 2017 98

What is CopyrightCopyright is a kind of Intellectual Property Rights (IPR)

Copyright is a right given by the law to creators (or his Assignee) of literary dramatic musicaland artistic works and producers of cinematograph films and sound recordings for a limitedperiod of time after that it goes into the public domain

For copyright protection

1 The work must be original

2 The work must be fixed or presented in a tangible form such as writing film or

photography

3 Minimal Creativity creativity need only be extremely slight for the work to be eligible for

protection

LET US DISCUSS THE FUNCTIONAL

ASPECTShellip OF COPYRIGHT

84October 14 2017

October 14 2017 85

Copyright as Economic or Moral Right

Copyright

Economic Right Moral Right

licensed assigned Can not be transferred

or reserved

October 14 2017 86

Contd

Economic Right

1 Rights for reproduction

2 Rights to publish

3 Rights for rental and lending

4 Rights for

modificationadaptation

5 Right to translate

6 Rights for distribution

7 Rights for public performance

8 Rights for public display

9 Rights of communication to the

public

Moral Rights

bull The Right of Paternity

bull The Right of Integrity

bull The Right of False

attribution

bull The Right of Disclosure

bull The Right of Publication

October 14 2017 87

Few Facts of Copyright

bull ldquoIt is the product of the labour skill and capital of one

man which must not be appropriated by anotherrdquo (- per

Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)

bull Copyright in form or expression not in idea ldquoThere is

nothing in the notion of copyright to prevent a second person

from producing an identical resultrdquo (Gregory Committee

Report 1952 para 9

bull Copyrights are considered territorial rights

October 14 2017 88

Few Important Terms

bull Adaptation or

Derivative works

bull Transformativeness

bull Compilations

bull Translations

bull Assign

bull simply means selling

out onersquos copyrighted

work

bull License

bull A license simply

means renting onersquos

copyrighted work

bull Reserving the rightsOctober 14 2017 89

Who is Author

bull In the case of a literary or dramatic work the author ie the person who creates the work

bull In the case of a musical work the composer

bull In the case of a cinematograph film the producer

bull In the case of a sound recording the producer

bull In the case of a photograph the photographer

bull In the case of a computer generated work the person who causes the work to be created

90October 14 2017

Copyright for Sound Recordings

bull Ordinarily the author is the first owner of copyright in a work

bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording

October 14 2017 91

Copyright for Movie

bull The cine artiste who acts inthe film is not protected bycopyright law for his acting

bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners

October 14 2017 92

Cinema in New Technology

bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer

Video-On-Demand (VOD)Pay PerView (PPV)Download to Own

Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film

Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films

October 14 2017 93

Core Copyright Industries( include newspapers books and

periodicals motion pictures recorded music music publishing radio

and television broadcasting and business and entertainment

software)

Partial Copyright Industries (include from fabric to jewelry to

furniture to toys and games )

Distribution Copyright Industries (non-dedicated support

industries includes industries that distribute both copyright and non-

copyright protected materials )

Copyright Related Industries (include manufacturers

wholesalers and retailers of CD players TV sets VCRs personal

computers and usage dependent products including blank recording

material and certain categories of storage mediums94October 14 2017

Copyright IndustriesCultural IndustriesContent Industries

No Acquisition of copyright is automatic and

it does not require any formality Copyright

comes into existence as soon as a work is

created and no formality is required to be

completed for acquiring copyright However

certificate of registration of copyright and the

entries made therein serve as prima facie

evidence in a court of law with reference to

dispute relating to ownership of copyright

IS IT NECESSARY TO REGISTER A WORK

TO CLAIM COPYRIGHT

95October 14 2017

Is copyright assignable

bull Yes The owner of the copyright in an

existing work or the prospective owner of

the copyright in a future work may assign

to any person the copyright either wholly

or partially and either generally or subject

to limitations and either for the whole term

of the copyright or any part thereof

October 14 2017 96

Contd

What will be the period of assignment if not specificallystated in the assignments

bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment

What will be the territorial extent of the assignment if notspecified in the assignment

bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia

Can an author relinquish copyright and if so how

bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97

Can I myself file an application for

registration of copyright of a work directly

bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin

bull e-filing for Copyright

Registration

October 14 2017 98

October 14 2017 85

Copyright as Economic or Moral Right

Copyright

Economic Right Moral Right

licensed assigned Can not be transferred

or reserved

October 14 2017 86

Contd

Economic Right

1 Rights for reproduction

2 Rights to publish

3 Rights for rental and lending

4 Rights for

modificationadaptation

5 Right to translate

6 Rights for distribution

7 Rights for public performance

8 Rights for public display

9 Rights of communication to the

public

Moral Rights

bull The Right of Paternity

bull The Right of Integrity

bull The Right of False

attribution

bull The Right of Disclosure

bull The Right of Publication

October 14 2017 87

Few Facts of Copyright

bull ldquoIt is the product of the labour skill and capital of one

man which must not be appropriated by anotherrdquo (- per

Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)

bull Copyright in form or expression not in idea ldquoThere is

nothing in the notion of copyright to prevent a second person

from producing an identical resultrdquo (Gregory Committee

Report 1952 para 9

bull Copyrights are considered territorial rights

October 14 2017 88

Few Important Terms

bull Adaptation or

Derivative works

bull Transformativeness

bull Compilations

bull Translations

bull Assign

bull simply means selling

out onersquos copyrighted

work

bull License

bull A license simply

means renting onersquos

copyrighted work

bull Reserving the rightsOctober 14 2017 89

Who is Author

bull In the case of a literary or dramatic work the author ie the person who creates the work

bull In the case of a musical work the composer

bull In the case of a cinematograph film the producer

bull In the case of a sound recording the producer

bull In the case of a photograph the photographer

bull In the case of a computer generated work the person who causes the work to be created

90October 14 2017

Copyright for Sound Recordings

bull Ordinarily the author is the first owner of copyright in a work

bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording

October 14 2017 91

Copyright for Movie

bull The cine artiste who acts inthe film is not protected bycopyright law for his acting

bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners

October 14 2017 92

Cinema in New Technology

bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer

Video-On-Demand (VOD)Pay PerView (PPV)Download to Own

Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film

Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films

October 14 2017 93

Core Copyright Industries( include newspapers books and

periodicals motion pictures recorded music music publishing radio

and television broadcasting and business and entertainment

software)

Partial Copyright Industries (include from fabric to jewelry to

furniture to toys and games )

Distribution Copyright Industries (non-dedicated support

industries includes industries that distribute both copyright and non-

copyright protected materials )

Copyright Related Industries (include manufacturers

wholesalers and retailers of CD players TV sets VCRs personal

computers and usage dependent products including blank recording

material and certain categories of storage mediums94October 14 2017

Copyright IndustriesCultural IndustriesContent Industries

No Acquisition of copyright is automatic and

it does not require any formality Copyright

comes into existence as soon as a work is

created and no formality is required to be

completed for acquiring copyright However

certificate of registration of copyright and the

entries made therein serve as prima facie

evidence in a court of law with reference to

dispute relating to ownership of copyright

IS IT NECESSARY TO REGISTER A WORK

TO CLAIM COPYRIGHT

95October 14 2017

Is copyright assignable

bull Yes The owner of the copyright in an

existing work or the prospective owner of

the copyright in a future work may assign

to any person the copyright either wholly

or partially and either generally or subject

to limitations and either for the whole term

of the copyright or any part thereof

October 14 2017 96

Contd

What will be the period of assignment if not specificallystated in the assignments

bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment

What will be the territorial extent of the assignment if notspecified in the assignment

bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia

Can an author relinquish copyright and if so how

bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97

Can I myself file an application for

registration of copyright of a work directly

bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin

bull e-filing for Copyright

Registration

October 14 2017 98

Copyright as Economic or Moral Right

Copyright

Economic Right Moral Right

licensed assigned Can not be transferred

or reserved

October 14 2017 86

Contd

Economic Right

1 Rights for reproduction

2 Rights to publish

3 Rights for rental and lending

4 Rights for

modificationadaptation

5 Right to translate

6 Rights for distribution

7 Rights for public performance

8 Rights for public display

9 Rights of communication to the

public

Moral Rights

bull The Right of Paternity

bull The Right of Integrity

bull The Right of False

attribution

bull The Right of Disclosure

bull The Right of Publication

October 14 2017 87

Few Facts of Copyright

bull ldquoIt is the product of the labour skill and capital of one

man which must not be appropriated by anotherrdquo (- per

Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)

bull Copyright in form or expression not in idea ldquoThere is

nothing in the notion of copyright to prevent a second person

from producing an identical resultrdquo (Gregory Committee

Report 1952 para 9

bull Copyrights are considered territorial rights

October 14 2017 88

Few Important Terms

bull Adaptation or

Derivative works

bull Transformativeness

bull Compilations

bull Translations

bull Assign

bull simply means selling

out onersquos copyrighted

work

bull License

bull A license simply

means renting onersquos

copyrighted work

bull Reserving the rightsOctober 14 2017 89

Who is Author

bull In the case of a literary or dramatic work the author ie the person who creates the work

bull In the case of a musical work the composer

bull In the case of a cinematograph film the producer

bull In the case of a sound recording the producer

bull In the case of a photograph the photographer

bull In the case of a computer generated work the person who causes the work to be created

90October 14 2017

Copyright for Sound Recordings

bull Ordinarily the author is the first owner of copyright in a work

bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording

October 14 2017 91

Copyright for Movie

bull The cine artiste who acts inthe film is not protected bycopyright law for his acting

bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners

October 14 2017 92

Cinema in New Technology

bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer

Video-On-Demand (VOD)Pay PerView (PPV)Download to Own

Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film

Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films

October 14 2017 93

Core Copyright Industries( include newspapers books and

periodicals motion pictures recorded music music publishing radio

and television broadcasting and business and entertainment

software)

Partial Copyright Industries (include from fabric to jewelry to

furniture to toys and games )

Distribution Copyright Industries (non-dedicated support

industries includes industries that distribute both copyright and non-

copyright protected materials )

Copyright Related Industries (include manufacturers

wholesalers and retailers of CD players TV sets VCRs personal

computers and usage dependent products including blank recording

material and certain categories of storage mediums94October 14 2017

Copyright IndustriesCultural IndustriesContent Industries

No Acquisition of copyright is automatic and

it does not require any formality Copyright

comes into existence as soon as a work is

created and no formality is required to be

completed for acquiring copyright However

certificate of registration of copyright and the

entries made therein serve as prima facie

evidence in a court of law with reference to

dispute relating to ownership of copyright

IS IT NECESSARY TO REGISTER A WORK

TO CLAIM COPYRIGHT

95October 14 2017

Is copyright assignable

bull Yes The owner of the copyright in an

existing work or the prospective owner of

the copyright in a future work may assign

to any person the copyright either wholly

or partially and either generally or subject

to limitations and either for the whole term

of the copyright or any part thereof

October 14 2017 96

Contd

What will be the period of assignment if not specificallystated in the assignments

bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment

What will be the territorial extent of the assignment if notspecified in the assignment

bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia

Can an author relinquish copyright and if so how

bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97

Can I myself file an application for

registration of copyright of a work directly

bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin

bull e-filing for Copyright

Registration

October 14 2017 98

Contd

Economic Right

1 Rights for reproduction

2 Rights to publish

3 Rights for rental and lending

4 Rights for

modificationadaptation

5 Right to translate

6 Rights for distribution

7 Rights for public performance

8 Rights for public display

9 Rights of communication to the

public

Moral Rights

bull The Right of Paternity

bull The Right of Integrity

bull The Right of False

attribution

bull The Right of Disclosure

bull The Right of Publication

October 14 2017 87

Few Facts of Copyright

bull ldquoIt is the product of the labour skill and capital of one

man which must not be appropriated by anotherrdquo (- per

Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)

bull Copyright in form or expression not in idea ldquoThere is

nothing in the notion of copyright to prevent a second person

from producing an identical resultrdquo (Gregory Committee

Report 1952 para 9

bull Copyrights are considered territorial rights

October 14 2017 88

Few Important Terms

bull Adaptation or

Derivative works

bull Transformativeness

bull Compilations

bull Translations

bull Assign

bull simply means selling

out onersquos copyrighted

work

bull License

bull A license simply

means renting onersquos

copyrighted work

bull Reserving the rightsOctober 14 2017 89

Who is Author

bull In the case of a literary or dramatic work the author ie the person who creates the work

bull In the case of a musical work the composer

bull In the case of a cinematograph film the producer

bull In the case of a sound recording the producer

bull In the case of a photograph the photographer

bull In the case of a computer generated work the person who causes the work to be created

90October 14 2017

Copyright for Sound Recordings

bull Ordinarily the author is the first owner of copyright in a work

bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording

October 14 2017 91

Copyright for Movie

bull The cine artiste who acts inthe film is not protected bycopyright law for his acting

bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners

October 14 2017 92

Cinema in New Technology

bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer

Video-On-Demand (VOD)Pay PerView (PPV)Download to Own

Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film

Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films

October 14 2017 93

Core Copyright Industries( include newspapers books and

periodicals motion pictures recorded music music publishing radio

and television broadcasting and business and entertainment

software)

Partial Copyright Industries (include from fabric to jewelry to

furniture to toys and games )

Distribution Copyright Industries (non-dedicated support

industries includes industries that distribute both copyright and non-

copyright protected materials )

Copyright Related Industries (include manufacturers

wholesalers and retailers of CD players TV sets VCRs personal

computers and usage dependent products including blank recording

material and certain categories of storage mediums94October 14 2017

Copyright IndustriesCultural IndustriesContent Industries

No Acquisition of copyright is automatic and

it does not require any formality Copyright

comes into existence as soon as a work is

created and no formality is required to be

completed for acquiring copyright However

certificate of registration of copyright and the

entries made therein serve as prima facie

evidence in a court of law with reference to

dispute relating to ownership of copyright

IS IT NECESSARY TO REGISTER A WORK

TO CLAIM COPYRIGHT

95October 14 2017

Is copyright assignable

bull Yes The owner of the copyright in an

existing work or the prospective owner of

the copyright in a future work may assign

to any person the copyright either wholly

or partially and either generally or subject

to limitations and either for the whole term

of the copyright or any part thereof

October 14 2017 96

Contd

What will be the period of assignment if not specificallystated in the assignments

bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment

What will be the territorial extent of the assignment if notspecified in the assignment

bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia

Can an author relinquish copyright and if so how

bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97

Can I myself file an application for

registration of copyright of a work directly

bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin

bull e-filing for Copyright

Registration

October 14 2017 98

Few Facts of Copyright

bull ldquoIt is the product of the labour skill and capital of one

man which must not be appropriated by anotherrdquo (- per

Lord Atkinson Macmillan v Cooper AIR 1924 PC 75)

bull Copyright in form or expression not in idea ldquoThere is

nothing in the notion of copyright to prevent a second person

from producing an identical resultrdquo (Gregory Committee

Report 1952 para 9

bull Copyrights are considered territorial rights

October 14 2017 88

Few Important Terms

bull Adaptation or

Derivative works

bull Transformativeness

bull Compilations

bull Translations

bull Assign

bull simply means selling

out onersquos copyrighted

work

bull License

bull A license simply

means renting onersquos

copyrighted work

bull Reserving the rightsOctober 14 2017 89

Who is Author

bull In the case of a literary or dramatic work the author ie the person who creates the work

bull In the case of a musical work the composer

bull In the case of a cinematograph film the producer

bull In the case of a sound recording the producer

bull In the case of a photograph the photographer

bull In the case of a computer generated work the person who causes the work to be created

90October 14 2017

Copyright for Sound Recordings

bull Ordinarily the author is the first owner of copyright in a work

bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording

October 14 2017 91

Copyright for Movie

bull The cine artiste who acts inthe film is not protected bycopyright law for his acting

bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners

October 14 2017 92

Cinema in New Technology

bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer

Video-On-Demand (VOD)Pay PerView (PPV)Download to Own

Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film

Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films

October 14 2017 93

Core Copyright Industries( include newspapers books and

periodicals motion pictures recorded music music publishing radio

and television broadcasting and business and entertainment

software)

Partial Copyright Industries (include from fabric to jewelry to

furniture to toys and games )

Distribution Copyright Industries (non-dedicated support

industries includes industries that distribute both copyright and non-

copyright protected materials )

Copyright Related Industries (include manufacturers

wholesalers and retailers of CD players TV sets VCRs personal

computers and usage dependent products including blank recording

material and certain categories of storage mediums94October 14 2017

Copyright IndustriesCultural IndustriesContent Industries

No Acquisition of copyright is automatic and

it does not require any formality Copyright

comes into existence as soon as a work is

created and no formality is required to be

completed for acquiring copyright However

certificate of registration of copyright and the

entries made therein serve as prima facie

evidence in a court of law with reference to

dispute relating to ownership of copyright

IS IT NECESSARY TO REGISTER A WORK

TO CLAIM COPYRIGHT

95October 14 2017

Is copyright assignable

bull Yes The owner of the copyright in an

existing work or the prospective owner of

the copyright in a future work may assign

to any person the copyright either wholly

or partially and either generally or subject

to limitations and either for the whole term

of the copyright or any part thereof

October 14 2017 96

Contd

What will be the period of assignment if not specificallystated in the assignments

bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment

What will be the territorial extent of the assignment if notspecified in the assignment

bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia

Can an author relinquish copyright and if so how

bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97

Can I myself file an application for

registration of copyright of a work directly

bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin

bull e-filing for Copyright

Registration

October 14 2017 98

Few Important Terms

bull Adaptation or

Derivative works

bull Transformativeness

bull Compilations

bull Translations

bull Assign

bull simply means selling

out onersquos copyrighted

work

bull License

bull A license simply

means renting onersquos

copyrighted work

bull Reserving the rightsOctober 14 2017 89

Who is Author

bull In the case of a literary or dramatic work the author ie the person who creates the work

bull In the case of a musical work the composer

bull In the case of a cinematograph film the producer

bull In the case of a sound recording the producer

bull In the case of a photograph the photographer

bull In the case of a computer generated work the person who causes the work to be created

90October 14 2017

Copyright for Sound Recordings

bull Ordinarily the author is the first owner of copyright in a work

bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording

October 14 2017 91

Copyright for Movie

bull The cine artiste who acts inthe film is not protected bycopyright law for his acting

bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners

October 14 2017 92

Cinema in New Technology

bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer

Video-On-Demand (VOD)Pay PerView (PPV)Download to Own

Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film

Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films

October 14 2017 93

Core Copyright Industries( include newspapers books and

periodicals motion pictures recorded music music publishing radio

and television broadcasting and business and entertainment

software)

Partial Copyright Industries (include from fabric to jewelry to

furniture to toys and games )

Distribution Copyright Industries (non-dedicated support

industries includes industries that distribute both copyright and non-

copyright protected materials )

Copyright Related Industries (include manufacturers

wholesalers and retailers of CD players TV sets VCRs personal

computers and usage dependent products including blank recording

material and certain categories of storage mediums94October 14 2017

Copyright IndustriesCultural IndustriesContent Industries

No Acquisition of copyright is automatic and

it does not require any formality Copyright

comes into existence as soon as a work is

created and no formality is required to be

completed for acquiring copyright However

certificate of registration of copyright and the

entries made therein serve as prima facie

evidence in a court of law with reference to

dispute relating to ownership of copyright

IS IT NECESSARY TO REGISTER A WORK

TO CLAIM COPYRIGHT

95October 14 2017

Is copyright assignable

bull Yes The owner of the copyright in an

existing work or the prospective owner of

the copyright in a future work may assign

to any person the copyright either wholly

or partially and either generally or subject

to limitations and either for the whole term

of the copyright or any part thereof

October 14 2017 96

Contd

What will be the period of assignment if not specificallystated in the assignments

bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment

What will be the territorial extent of the assignment if notspecified in the assignment

bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia

Can an author relinquish copyright and if so how

bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97

Can I myself file an application for

registration of copyright of a work directly

bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin

bull e-filing for Copyright

Registration

October 14 2017 98

Who is Author

bull In the case of a literary or dramatic work the author ie the person who creates the work

bull In the case of a musical work the composer

bull In the case of a cinematograph film the producer

bull In the case of a sound recording the producer

bull In the case of a photograph the photographer

bull In the case of a computer generated work the person who causes the work to be created

90October 14 2017

Copyright for Sound Recordings

bull Ordinarily the author is the first owner of copyright in a work

bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording

October 14 2017 91

Copyright for Movie

bull The cine artiste who acts inthe film is not protected bycopyright law for his acting

bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners

October 14 2017 92

Cinema in New Technology

bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer

Video-On-Demand (VOD)Pay PerView (PPV)Download to Own

Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film

Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films

October 14 2017 93

Core Copyright Industries( include newspapers books and

periodicals motion pictures recorded music music publishing radio

and television broadcasting and business and entertainment

software)

Partial Copyright Industries (include from fabric to jewelry to

furniture to toys and games )

Distribution Copyright Industries (non-dedicated support

industries includes industries that distribute both copyright and non-

copyright protected materials )

Copyright Related Industries (include manufacturers

wholesalers and retailers of CD players TV sets VCRs personal

computers and usage dependent products including blank recording

material and certain categories of storage mediums94October 14 2017

Copyright IndustriesCultural IndustriesContent Industries

No Acquisition of copyright is automatic and

it does not require any formality Copyright

comes into existence as soon as a work is

created and no formality is required to be

completed for acquiring copyright However

certificate of registration of copyright and the

entries made therein serve as prima facie

evidence in a court of law with reference to

dispute relating to ownership of copyright

IS IT NECESSARY TO REGISTER A WORK

TO CLAIM COPYRIGHT

95October 14 2017

Is copyright assignable

bull Yes The owner of the copyright in an

existing work or the prospective owner of

the copyright in a future work may assign

to any person the copyright either wholly

or partially and either generally or subject

to limitations and either for the whole term

of the copyright or any part thereof

October 14 2017 96

Contd

What will be the period of assignment if not specificallystated in the assignments

bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment

What will be the territorial extent of the assignment if notspecified in the assignment

bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia

Can an author relinquish copyright and if so how

bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97

Can I myself file an application for

registration of copyright of a work directly

bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin

bull e-filing for Copyright

Registration

October 14 2017 98

Copyright for Sound Recordings

bull Ordinarily the author is the first owner of copyright in a work

bull There are many rightholders in a musical soundrecording For example thelyricist who wrote thelyrics the composer whoset the music the singerwho sang the song themusician (s) whoperformed the backgroundmusic and the person orcompany who produced thesound recording

October 14 2017 91

Copyright for Movie

bull The cine artiste who acts inthe film is not protected bycopyright law for his acting

bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners

October 14 2017 92

Cinema in New Technology

bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer

Video-On-Demand (VOD)Pay PerView (PPV)Download to Own

Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film

Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films

October 14 2017 93

Core Copyright Industries( include newspapers books and

periodicals motion pictures recorded music music publishing radio

and television broadcasting and business and entertainment

software)

Partial Copyright Industries (include from fabric to jewelry to

furniture to toys and games )

Distribution Copyright Industries (non-dedicated support

industries includes industries that distribute both copyright and non-

copyright protected materials )

Copyright Related Industries (include manufacturers

wholesalers and retailers of CD players TV sets VCRs personal

computers and usage dependent products including blank recording

material and certain categories of storage mediums94October 14 2017

Copyright IndustriesCultural IndustriesContent Industries

No Acquisition of copyright is automatic and

it does not require any formality Copyright

comes into existence as soon as a work is

created and no formality is required to be

completed for acquiring copyright However

certificate of registration of copyright and the

entries made therein serve as prima facie

evidence in a court of law with reference to

dispute relating to ownership of copyright

IS IT NECESSARY TO REGISTER A WORK

TO CLAIM COPYRIGHT

95October 14 2017

Is copyright assignable

bull Yes The owner of the copyright in an

existing work or the prospective owner of

the copyright in a future work may assign

to any person the copyright either wholly

or partially and either generally or subject

to limitations and either for the whole term

of the copyright or any part thereof

October 14 2017 96

Contd

What will be the period of assignment if not specificallystated in the assignments

bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment

What will be the territorial extent of the assignment if notspecified in the assignment

bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia

Can an author relinquish copyright and if so how

bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97

Can I myself file an application for

registration of copyright of a work directly

bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin

bull e-filing for Copyright

Registration

October 14 2017 98

Copyright for Movie

bull The cine artiste who acts inthe film is not protected bycopyright law for his acting

bull A film is essentially acollection of copyrights ie ascreenplay possibly based ona book music directingtalent actorsrsquo performancesas well as the contributions ofcreative technical crew suchas costumers and setdesigners

October 14 2017 92

Cinema in New Technology

bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer

Video-On-Demand (VOD)Pay PerView (PPV)Download to Own

Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film

Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films

October 14 2017 93

Core Copyright Industries( include newspapers books and

periodicals motion pictures recorded music music publishing radio

and television broadcasting and business and entertainment

software)

Partial Copyright Industries (include from fabric to jewelry to

furniture to toys and games )

Distribution Copyright Industries (non-dedicated support

industries includes industries that distribute both copyright and non-

copyright protected materials )

Copyright Related Industries (include manufacturers

wholesalers and retailers of CD players TV sets VCRs personal

computers and usage dependent products including blank recording

material and certain categories of storage mediums94October 14 2017

Copyright IndustriesCultural IndustriesContent Industries

No Acquisition of copyright is automatic and

it does not require any formality Copyright

comes into existence as soon as a work is

created and no formality is required to be

completed for acquiring copyright However

certificate of registration of copyright and the

entries made therein serve as prima facie

evidence in a court of law with reference to

dispute relating to ownership of copyright

IS IT NECESSARY TO REGISTER A WORK

TO CLAIM COPYRIGHT

95October 14 2017

Is copyright assignable

bull Yes The owner of the copyright in an

existing work or the prospective owner of

the copyright in a future work may assign

to any person the copyright either wholly

or partially and either generally or subject

to limitations and either for the whole term

of the copyright or any part thereof

October 14 2017 96

Contd

What will be the period of assignment if not specificallystated in the assignments

bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment

What will be the territorial extent of the assignment if notspecified in the assignment

bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia

Can an author relinquish copyright and if so how

bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97

Can I myself file an application for

registration of copyright of a work directly

bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin

bull e-filing for Copyright

Registration

October 14 2017 98

Cinema in New Technology

bull The growth of local film industries (involume and quality) around theworld and the new technologies thatallow films to reach globalaudiences have made it moreimportant than ever that filmproducers adhere to internationallyrecognized standards forcopyright ownership and transfer

Video-On-Demand (VOD)Pay PerView (PPV)Download to Own

Ad-Supported where the viewermust watch advertisements asldquopaymentrdquo for the film

Subscription where a flat monthlyfee is paid for unlimited viewing of aset of films

October 14 2017 93

Core Copyright Industries( include newspapers books and

periodicals motion pictures recorded music music publishing radio

and television broadcasting and business and entertainment

software)

Partial Copyright Industries (include from fabric to jewelry to

furniture to toys and games )

Distribution Copyright Industries (non-dedicated support

industries includes industries that distribute both copyright and non-

copyright protected materials )

Copyright Related Industries (include manufacturers

wholesalers and retailers of CD players TV sets VCRs personal

computers and usage dependent products including blank recording

material and certain categories of storage mediums94October 14 2017

Copyright IndustriesCultural IndustriesContent Industries

No Acquisition of copyright is automatic and

it does not require any formality Copyright

comes into existence as soon as a work is

created and no formality is required to be

completed for acquiring copyright However

certificate of registration of copyright and the

entries made therein serve as prima facie

evidence in a court of law with reference to

dispute relating to ownership of copyright

IS IT NECESSARY TO REGISTER A WORK

TO CLAIM COPYRIGHT

95October 14 2017

Is copyright assignable

bull Yes The owner of the copyright in an

existing work or the prospective owner of

the copyright in a future work may assign

to any person the copyright either wholly

or partially and either generally or subject

to limitations and either for the whole term

of the copyright or any part thereof

October 14 2017 96

Contd

What will be the period of assignment if not specificallystated in the assignments

bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment

What will be the territorial extent of the assignment if notspecified in the assignment

bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia

Can an author relinquish copyright and if so how

bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97

Can I myself file an application for

registration of copyright of a work directly

bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin

bull e-filing for Copyright

Registration

October 14 2017 98

Core Copyright Industries( include newspapers books and

periodicals motion pictures recorded music music publishing radio

and television broadcasting and business and entertainment

software)

Partial Copyright Industries (include from fabric to jewelry to

furniture to toys and games )

Distribution Copyright Industries (non-dedicated support

industries includes industries that distribute both copyright and non-

copyright protected materials )

Copyright Related Industries (include manufacturers

wholesalers and retailers of CD players TV sets VCRs personal

computers and usage dependent products including blank recording

material and certain categories of storage mediums94October 14 2017

Copyright IndustriesCultural IndustriesContent Industries

No Acquisition of copyright is automatic and

it does not require any formality Copyright

comes into existence as soon as a work is

created and no formality is required to be

completed for acquiring copyright However

certificate of registration of copyright and the

entries made therein serve as prima facie

evidence in a court of law with reference to

dispute relating to ownership of copyright

IS IT NECESSARY TO REGISTER A WORK

TO CLAIM COPYRIGHT

95October 14 2017

Is copyright assignable

bull Yes The owner of the copyright in an

existing work or the prospective owner of

the copyright in a future work may assign

to any person the copyright either wholly

or partially and either generally or subject

to limitations and either for the whole term

of the copyright or any part thereof

October 14 2017 96

Contd

What will be the period of assignment if not specificallystated in the assignments

bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment

What will be the territorial extent of the assignment if notspecified in the assignment

bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia

Can an author relinquish copyright and if so how

bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97

Can I myself file an application for

registration of copyright of a work directly

bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin

bull e-filing for Copyright

Registration

October 14 2017 98

No Acquisition of copyright is automatic and

it does not require any formality Copyright

comes into existence as soon as a work is

created and no formality is required to be

completed for acquiring copyright However

certificate of registration of copyright and the

entries made therein serve as prima facie

evidence in a court of law with reference to

dispute relating to ownership of copyright

IS IT NECESSARY TO REGISTER A WORK

TO CLAIM COPYRIGHT

95October 14 2017

Is copyright assignable

bull Yes The owner of the copyright in an

existing work or the prospective owner of

the copyright in a future work may assign

to any person the copyright either wholly

or partially and either generally or subject

to limitations and either for the whole term

of the copyright or any part thereof

October 14 2017 96

Contd

What will be the period of assignment if not specificallystated in the assignments

bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment

What will be the territorial extent of the assignment if notspecified in the assignment

bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia

Can an author relinquish copyright and if so how

bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97

Can I myself file an application for

registration of copyright of a work directly

bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin

bull e-filing for Copyright

Registration

October 14 2017 98

Is copyright assignable

bull Yes The owner of the copyright in an

existing work or the prospective owner of

the copyright in a future work may assign

to any person the copyright either wholly

or partially and either generally or subject

to limitations and either for the whole term

of the copyright or any part thereof

October 14 2017 96

Contd

What will be the period of assignment if not specificallystated in the assignments

bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment

What will be the territorial extent of the assignment if notspecified in the assignment

bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia

Can an author relinquish copyright and if so how

bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97

Can I myself file an application for

registration of copyright of a work directly

bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin

bull e-filing for Copyright

Registration

October 14 2017 98

Contd

What will be the period of assignment if not specificallystated in the assignments

bull If the period of assignment is not stated it shall be deemedto be five years from the date of assignment

What will be the territorial extent of the assignment if notspecified in the assignment

bull If the territorial extent of assignment of the rights is notspecified it shall be presumed to extend within the whole ofIndia

Can an author relinquish copyright and if so how

bull The author of a work may relinquish all or any of the rightscomprising the copyright in the work by giving notice in theprescribed form to the Registrar of CopyrightsOctober 14 2017 97

Can I myself file an application for

registration of copyright of a work directly

bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin

bull e-filing for Copyright

Registration

October 14 2017 98

Can I myself file an application for

registration of copyright of a work directly

bull Yes Any individual whois an author or rightsowner or assignee or legalheir can file application forcopyright of a work eitherat the copyright office orby post or by e-filingfacility from the copyrightOffice web-sitewwwcopyrightgovin

bull e-filing for Copyright

Registration

October 14 2017 98

Types of Work Application Republish

Literary Dramatic

Musical or Artistic

work

Rs 500- per

work

Rs 5000- per

work

Cinematograph Film Rs 5000- per

work

Rs 15000- per

work

Sound Recording Rs 2000-

per work

Rs 10000- per

work

99

Copyright Registration Fees in India

October 14 2017

Yes Both published and unpublished works

can be registered

When a work has been registered as

unpublished and subsequently it is

published the applicant may apply for

changes in particulars entered in the Register

of Copyright in Form V with prescribed fee

The process of registration and fee for

registration of copyright is same

WHETHER UNPUBLISHED WORKS CAN BE

REGISTERED

100October 14 2017

Yes Computer Software or programme can

be registered as a lsquoliterary workrsquo As per

Section 2 (o) of the Copyright Act 1957

ldquoliterary workrdquo includes computer

programmes tables and compilations

including computer databases lsquoSource

Codersquo has also to be supplied along with the

application for registration of copyright for

software products

WHETHER COMPUTER SOFTWARE OR

COMPUTER PROGRAMME CAN BE REGISTERED

101October 14 2017

23 MonthsSubmission for Registration

30 days mandatory time for waiting for objection (if any)

Next 30 days for removing In the Second month work may be

if any discrepancy found registered if no objection is found

In the third month work may be registered for copyright

HOW LONG I HAVE TO WAIT TO GET MY WORK

TO GET REGISTERED BY THE COPYRIGHT OFFICE

102October 14 2017

Terms of Copyright

bull Literary

bull dramatic

bull musical and

bull artistic works

bull photographs

bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies

Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec

2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992

103October 14 2017

bull Anonymous and pseudonymous works

bull Posthumous work

bull Cinematograph films

bull Computer Programs

bull Sound records

bull Government work

bull Public undertakings

bull International Agencies

bull 60 Years

period is counted from thedate of first publication

bull Period starts from the beginning of next year following the year in which film was first published

104October 14 2017

Contd

Contd

bull Performerrsquos Right

bull Broadcasterrsquos Right

bull 25 Years

105October 14 2017

Academia amp Copyright

October 14 2017 106

Stakeholders in Academia

bull Authors

ndash Faculty

bull Publishers

ndash Commercial for-profit

ndash Academic or not-for-profit

bull Universities

ndash Administrators

bull Librarians

bull PublicOctober 14 2017 107

Concerns of Academia

Access to Information

Availability

Quality

Privacy

Simplicity amp Clarity in Legal Regime

Impact of Technology on Knowledge Creation distribution amp Consumption

Ease of reproduction

Ease of distribution

Ease of compression

Web specific issues like file sharing cloud computing etcOctober 14 2017 108

Inception of ICT has made the copyright

issues more complex and intricate

bull Identifying the ownership

bull Establishing the copyright

bull Enforcing the copyrights

gtgtgtgtgtgtgt has become too complex

October 14 2017 109

Fair Dealings(Section 52 of Indian Copyright Act)

ndash for the purpose of research or private study

ndash for criticism or review

ndash for reporting current events

ndash in connection with judicial proceeding

ndash performance by an amateur club or society if the performance is given to a non-paying audience

ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils

ndash Publication in newspapers or magazines a report of a lecture delivered in public

ndash Making a maximum of 3 copies for the use of a public library

ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research

October 14 2017 110

What is Fair Use

111October 14 2017

Determination of Fair Use

bull Four Factor Analysisgtgtgt

bull P (Purpose)

bull N (Nature)

bull A (Amount)

bull M (Marketing)

112October 14 2017

Copying-Qualitative or Quantitative

Copying

113October 14 2017

October 14 2017 114

Yes Both published and unpublished works

can be registered

When a work has been registered as

unpublished and subsequently it is

published the applicant may apply for

changes in particulars entered in the Register

of Copyright in Form V with prescribed fee

The process of registration and fee for

registration of copyright is same

WHETHER UNPUBLISHED WORKS CAN BE

REGISTERED

100October 14 2017

Yes Computer Software or programme can

be registered as a lsquoliterary workrsquo As per

Section 2 (o) of the Copyright Act 1957

ldquoliterary workrdquo includes computer

programmes tables and compilations

including computer databases lsquoSource

Codersquo has also to be supplied along with the

application for registration of copyright for

software products

WHETHER COMPUTER SOFTWARE OR

COMPUTER PROGRAMME CAN BE REGISTERED

101October 14 2017

23 MonthsSubmission for Registration

30 days mandatory time for waiting for objection (if any)

Next 30 days for removing In the Second month work may be

if any discrepancy found registered if no objection is found

In the third month work may be registered for copyright

HOW LONG I HAVE TO WAIT TO GET MY WORK

TO GET REGISTERED BY THE COPYRIGHT OFFICE

102October 14 2017

Terms of Copyright

bull Literary

bull dramatic

bull musical and

bull artistic works

bull photographs

bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies

Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec

2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992

103October 14 2017

bull Anonymous and pseudonymous works

bull Posthumous work

bull Cinematograph films

bull Computer Programs

bull Sound records

bull Government work

bull Public undertakings

bull International Agencies

bull 60 Years

period is counted from thedate of first publication

bull Period starts from the beginning of next year following the year in which film was first published

104October 14 2017

Contd

Contd

bull Performerrsquos Right

bull Broadcasterrsquos Right

bull 25 Years

105October 14 2017

Academia amp Copyright

October 14 2017 106

Stakeholders in Academia

bull Authors

ndash Faculty

bull Publishers

ndash Commercial for-profit

ndash Academic or not-for-profit

bull Universities

ndash Administrators

bull Librarians

bull PublicOctober 14 2017 107

Concerns of Academia

Access to Information

Availability

Quality

Privacy

Simplicity amp Clarity in Legal Regime

Impact of Technology on Knowledge Creation distribution amp Consumption

Ease of reproduction

Ease of distribution

Ease of compression

Web specific issues like file sharing cloud computing etcOctober 14 2017 108

Inception of ICT has made the copyright

issues more complex and intricate

bull Identifying the ownership

bull Establishing the copyright

bull Enforcing the copyrights

gtgtgtgtgtgtgt has become too complex

October 14 2017 109

Fair Dealings(Section 52 of Indian Copyright Act)

ndash for the purpose of research or private study

ndash for criticism or review

ndash for reporting current events

ndash in connection with judicial proceeding

ndash performance by an amateur club or society if the performance is given to a non-paying audience

ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils

ndash Publication in newspapers or magazines a report of a lecture delivered in public

ndash Making a maximum of 3 copies for the use of a public library

ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research

October 14 2017 110

What is Fair Use

111October 14 2017

Determination of Fair Use

bull Four Factor Analysisgtgtgt

bull P (Purpose)

bull N (Nature)

bull A (Amount)

bull M (Marketing)

112October 14 2017

Copying-Qualitative or Quantitative

Copying

113October 14 2017

October 14 2017 114

Yes Computer Software or programme can

be registered as a lsquoliterary workrsquo As per

Section 2 (o) of the Copyright Act 1957

ldquoliterary workrdquo includes computer

programmes tables and compilations

including computer databases lsquoSource

Codersquo has also to be supplied along with the

application for registration of copyright for

software products

WHETHER COMPUTER SOFTWARE OR

COMPUTER PROGRAMME CAN BE REGISTERED

101October 14 2017

23 MonthsSubmission for Registration

30 days mandatory time for waiting for objection (if any)

Next 30 days for removing In the Second month work may be

if any discrepancy found registered if no objection is found

In the third month work may be registered for copyright

HOW LONG I HAVE TO WAIT TO GET MY WORK

TO GET REGISTERED BY THE COPYRIGHT OFFICE

102October 14 2017

Terms of Copyright

bull Literary

bull dramatic

bull musical and

bull artistic works

bull photographs

bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies

Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec

2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992

103October 14 2017

bull Anonymous and pseudonymous works

bull Posthumous work

bull Cinematograph films

bull Computer Programs

bull Sound records

bull Government work

bull Public undertakings

bull International Agencies

bull 60 Years

period is counted from thedate of first publication

bull Period starts from the beginning of next year following the year in which film was first published

104October 14 2017

Contd

Contd

bull Performerrsquos Right

bull Broadcasterrsquos Right

bull 25 Years

105October 14 2017

Academia amp Copyright

October 14 2017 106

Stakeholders in Academia

bull Authors

ndash Faculty

bull Publishers

ndash Commercial for-profit

ndash Academic or not-for-profit

bull Universities

ndash Administrators

bull Librarians

bull PublicOctober 14 2017 107

Concerns of Academia

Access to Information

Availability

Quality

Privacy

Simplicity amp Clarity in Legal Regime

Impact of Technology on Knowledge Creation distribution amp Consumption

Ease of reproduction

Ease of distribution

Ease of compression

Web specific issues like file sharing cloud computing etcOctober 14 2017 108

Inception of ICT has made the copyright

issues more complex and intricate

bull Identifying the ownership

bull Establishing the copyright

bull Enforcing the copyrights

gtgtgtgtgtgtgt has become too complex

October 14 2017 109

Fair Dealings(Section 52 of Indian Copyright Act)

ndash for the purpose of research or private study

ndash for criticism or review

ndash for reporting current events

ndash in connection with judicial proceeding

ndash performance by an amateur club or society if the performance is given to a non-paying audience

ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils

ndash Publication in newspapers or magazines a report of a lecture delivered in public

ndash Making a maximum of 3 copies for the use of a public library

ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research

October 14 2017 110

What is Fair Use

111October 14 2017

Determination of Fair Use

bull Four Factor Analysisgtgtgt

bull P (Purpose)

bull N (Nature)

bull A (Amount)

bull M (Marketing)

112October 14 2017

Copying-Qualitative or Quantitative

Copying

113October 14 2017

October 14 2017 114

23 MonthsSubmission for Registration

30 days mandatory time for waiting for objection (if any)

Next 30 days for removing In the Second month work may be

if any discrepancy found registered if no objection is found

In the third month work may be registered for copyright

HOW LONG I HAVE TO WAIT TO GET MY WORK

TO GET REGISTERED BY THE COPYRIGHT OFFICE

102October 14 2017

Terms of Copyright

bull Literary

bull dramatic

bull musical and

bull artistic works

bull photographs

bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies

Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec

2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992

103October 14 2017

bull Anonymous and pseudonymous works

bull Posthumous work

bull Cinematograph films

bull Computer Programs

bull Sound records

bull Government work

bull Public undertakings

bull International Agencies

bull 60 Years

period is counted from thedate of first publication

bull Period starts from the beginning of next year following the year in which film was first published

104October 14 2017

Contd

Contd

bull Performerrsquos Right

bull Broadcasterrsquos Right

bull 25 Years

105October 14 2017

Academia amp Copyright

October 14 2017 106

Stakeholders in Academia

bull Authors

ndash Faculty

bull Publishers

ndash Commercial for-profit

ndash Academic or not-for-profit

bull Universities

ndash Administrators

bull Librarians

bull PublicOctober 14 2017 107

Concerns of Academia

Access to Information

Availability

Quality

Privacy

Simplicity amp Clarity in Legal Regime

Impact of Technology on Knowledge Creation distribution amp Consumption

Ease of reproduction

Ease of distribution

Ease of compression

Web specific issues like file sharing cloud computing etcOctober 14 2017 108

Inception of ICT has made the copyright

issues more complex and intricate

bull Identifying the ownership

bull Establishing the copyright

bull Enforcing the copyrights

gtgtgtgtgtgtgt has become too complex

October 14 2017 109

Fair Dealings(Section 52 of Indian Copyright Act)

ndash for the purpose of research or private study

ndash for criticism or review

ndash for reporting current events

ndash in connection with judicial proceeding

ndash performance by an amateur club or society if the performance is given to a non-paying audience

ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils

ndash Publication in newspapers or magazines a report of a lecture delivered in public

ndash Making a maximum of 3 copies for the use of a public library

ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research

October 14 2017 110

What is Fair Use

111October 14 2017

Determination of Fair Use

bull Four Factor Analysisgtgtgt

bull P (Purpose)

bull N (Nature)

bull A (Amount)

bull M (Marketing)

112October 14 2017

Copying-Qualitative or Quantitative

Copying

113October 14 2017

October 14 2017 114

Terms of Copyright

bull Literary

bull dramatic

bull musical and

bull artistic works

bull photographs

bull Lifetime + 60 years from thebeginning of the calendar year next followingthe year in which the author dies

Example if Author dies in say 2ndNov 1979 So duration ofprotection of 60 years period willbe from 1st Jan 1980 to 31st Dec

2040Also in case of joint author yearcount for this process will dependupon the author who dies lastExample Author X and Y are co-author of a work Author X dies on4th April 1988 and Y dies on 26thAugust 1991 So duration ofprotection of sixty years period willstart from 1st Jan 1992

103October 14 2017

bull Anonymous and pseudonymous works

bull Posthumous work

bull Cinematograph films

bull Computer Programs

bull Sound records

bull Government work

bull Public undertakings

bull International Agencies

bull 60 Years

period is counted from thedate of first publication

bull Period starts from the beginning of next year following the year in which film was first published

104October 14 2017

Contd

Contd

bull Performerrsquos Right

bull Broadcasterrsquos Right

bull 25 Years

105October 14 2017

Academia amp Copyright

October 14 2017 106

Stakeholders in Academia

bull Authors

ndash Faculty

bull Publishers

ndash Commercial for-profit

ndash Academic or not-for-profit

bull Universities

ndash Administrators

bull Librarians

bull PublicOctober 14 2017 107

Concerns of Academia

Access to Information

Availability

Quality

Privacy

Simplicity amp Clarity in Legal Regime

Impact of Technology on Knowledge Creation distribution amp Consumption

Ease of reproduction

Ease of distribution

Ease of compression

Web specific issues like file sharing cloud computing etcOctober 14 2017 108

Inception of ICT has made the copyright

issues more complex and intricate

bull Identifying the ownership

bull Establishing the copyright

bull Enforcing the copyrights

gtgtgtgtgtgtgt has become too complex

October 14 2017 109

Fair Dealings(Section 52 of Indian Copyright Act)

ndash for the purpose of research or private study

ndash for criticism or review

ndash for reporting current events

ndash in connection with judicial proceeding

ndash performance by an amateur club or society if the performance is given to a non-paying audience

ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils

ndash Publication in newspapers or magazines a report of a lecture delivered in public

ndash Making a maximum of 3 copies for the use of a public library

ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research

October 14 2017 110

What is Fair Use

111October 14 2017

Determination of Fair Use

bull Four Factor Analysisgtgtgt

bull P (Purpose)

bull N (Nature)

bull A (Amount)

bull M (Marketing)

112October 14 2017

Copying-Qualitative or Quantitative

Copying

113October 14 2017

October 14 2017 114

bull Anonymous and pseudonymous works

bull Posthumous work

bull Cinematograph films

bull Computer Programs

bull Sound records

bull Government work

bull Public undertakings

bull International Agencies

bull 60 Years

period is counted from thedate of first publication

bull Period starts from the beginning of next year following the year in which film was first published

104October 14 2017

Contd

Contd

bull Performerrsquos Right

bull Broadcasterrsquos Right

bull 25 Years

105October 14 2017

Academia amp Copyright

October 14 2017 106

Stakeholders in Academia

bull Authors

ndash Faculty

bull Publishers

ndash Commercial for-profit

ndash Academic or not-for-profit

bull Universities

ndash Administrators

bull Librarians

bull PublicOctober 14 2017 107

Concerns of Academia

Access to Information

Availability

Quality

Privacy

Simplicity amp Clarity in Legal Regime

Impact of Technology on Knowledge Creation distribution amp Consumption

Ease of reproduction

Ease of distribution

Ease of compression

Web specific issues like file sharing cloud computing etcOctober 14 2017 108

Inception of ICT has made the copyright

issues more complex and intricate

bull Identifying the ownership

bull Establishing the copyright

bull Enforcing the copyrights

gtgtgtgtgtgtgt has become too complex

October 14 2017 109

Fair Dealings(Section 52 of Indian Copyright Act)

ndash for the purpose of research or private study

ndash for criticism or review

ndash for reporting current events

ndash in connection with judicial proceeding

ndash performance by an amateur club or society if the performance is given to a non-paying audience

ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils

ndash Publication in newspapers or magazines a report of a lecture delivered in public

ndash Making a maximum of 3 copies for the use of a public library

ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research

October 14 2017 110

What is Fair Use

111October 14 2017

Determination of Fair Use

bull Four Factor Analysisgtgtgt

bull P (Purpose)

bull N (Nature)

bull A (Amount)

bull M (Marketing)

112October 14 2017

Copying-Qualitative or Quantitative

Copying

113October 14 2017

October 14 2017 114

Contd

bull Performerrsquos Right

bull Broadcasterrsquos Right

bull 25 Years

105October 14 2017

Academia amp Copyright

October 14 2017 106

Stakeholders in Academia

bull Authors

ndash Faculty

bull Publishers

ndash Commercial for-profit

ndash Academic or not-for-profit

bull Universities

ndash Administrators

bull Librarians

bull PublicOctober 14 2017 107

Concerns of Academia

Access to Information

Availability

Quality

Privacy

Simplicity amp Clarity in Legal Regime

Impact of Technology on Knowledge Creation distribution amp Consumption

Ease of reproduction

Ease of distribution

Ease of compression

Web specific issues like file sharing cloud computing etcOctober 14 2017 108

Inception of ICT has made the copyright

issues more complex and intricate

bull Identifying the ownership

bull Establishing the copyright

bull Enforcing the copyrights

gtgtgtgtgtgtgt has become too complex

October 14 2017 109

Fair Dealings(Section 52 of Indian Copyright Act)

ndash for the purpose of research or private study

ndash for criticism or review

ndash for reporting current events

ndash in connection with judicial proceeding

ndash performance by an amateur club or society if the performance is given to a non-paying audience

ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils

ndash Publication in newspapers or magazines a report of a lecture delivered in public

ndash Making a maximum of 3 copies for the use of a public library

ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research

October 14 2017 110

What is Fair Use

111October 14 2017

Determination of Fair Use

bull Four Factor Analysisgtgtgt

bull P (Purpose)

bull N (Nature)

bull A (Amount)

bull M (Marketing)

112October 14 2017

Copying-Qualitative or Quantitative

Copying

113October 14 2017

October 14 2017 114

Academia amp Copyright

October 14 2017 106

Stakeholders in Academia

bull Authors

ndash Faculty

bull Publishers

ndash Commercial for-profit

ndash Academic or not-for-profit

bull Universities

ndash Administrators

bull Librarians

bull PublicOctober 14 2017 107

Concerns of Academia

Access to Information

Availability

Quality

Privacy

Simplicity amp Clarity in Legal Regime

Impact of Technology on Knowledge Creation distribution amp Consumption

Ease of reproduction

Ease of distribution

Ease of compression

Web specific issues like file sharing cloud computing etcOctober 14 2017 108

Inception of ICT has made the copyright

issues more complex and intricate

bull Identifying the ownership

bull Establishing the copyright

bull Enforcing the copyrights

gtgtgtgtgtgtgt has become too complex

October 14 2017 109

Fair Dealings(Section 52 of Indian Copyright Act)

ndash for the purpose of research or private study

ndash for criticism or review

ndash for reporting current events

ndash in connection with judicial proceeding

ndash performance by an amateur club or society if the performance is given to a non-paying audience

ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils

ndash Publication in newspapers or magazines a report of a lecture delivered in public

ndash Making a maximum of 3 copies for the use of a public library

ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research

October 14 2017 110

What is Fair Use

111October 14 2017

Determination of Fair Use

bull Four Factor Analysisgtgtgt

bull P (Purpose)

bull N (Nature)

bull A (Amount)

bull M (Marketing)

112October 14 2017

Copying-Qualitative or Quantitative

Copying

113October 14 2017

October 14 2017 114

Stakeholders in Academia

bull Authors

ndash Faculty

bull Publishers

ndash Commercial for-profit

ndash Academic or not-for-profit

bull Universities

ndash Administrators

bull Librarians

bull PublicOctober 14 2017 107

Concerns of Academia

Access to Information

Availability

Quality

Privacy

Simplicity amp Clarity in Legal Regime

Impact of Technology on Knowledge Creation distribution amp Consumption

Ease of reproduction

Ease of distribution

Ease of compression

Web specific issues like file sharing cloud computing etcOctober 14 2017 108

Inception of ICT has made the copyright

issues more complex and intricate

bull Identifying the ownership

bull Establishing the copyright

bull Enforcing the copyrights

gtgtgtgtgtgtgt has become too complex

October 14 2017 109

Fair Dealings(Section 52 of Indian Copyright Act)

ndash for the purpose of research or private study

ndash for criticism or review

ndash for reporting current events

ndash in connection with judicial proceeding

ndash performance by an amateur club or society if the performance is given to a non-paying audience

ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils

ndash Publication in newspapers or magazines a report of a lecture delivered in public

ndash Making a maximum of 3 copies for the use of a public library

ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research

October 14 2017 110

What is Fair Use

111October 14 2017

Determination of Fair Use

bull Four Factor Analysisgtgtgt

bull P (Purpose)

bull N (Nature)

bull A (Amount)

bull M (Marketing)

112October 14 2017

Copying-Qualitative or Quantitative

Copying

113October 14 2017

October 14 2017 114

Concerns of Academia

Access to Information

Availability

Quality

Privacy

Simplicity amp Clarity in Legal Regime

Impact of Technology on Knowledge Creation distribution amp Consumption

Ease of reproduction

Ease of distribution

Ease of compression

Web specific issues like file sharing cloud computing etcOctober 14 2017 108

Inception of ICT has made the copyright

issues more complex and intricate

bull Identifying the ownership

bull Establishing the copyright

bull Enforcing the copyrights

gtgtgtgtgtgtgt has become too complex

October 14 2017 109

Fair Dealings(Section 52 of Indian Copyright Act)

ndash for the purpose of research or private study

ndash for criticism or review

ndash for reporting current events

ndash in connection with judicial proceeding

ndash performance by an amateur club or society if the performance is given to a non-paying audience

ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils

ndash Publication in newspapers or magazines a report of a lecture delivered in public

ndash Making a maximum of 3 copies for the use of a public library

ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research

October 14 2017 110

What is Fair Use

111October 14 2017

Determination of Fair Use

bull Four Factor Analysisgtgtgt

bull P (Purpose)

bull N (Nature)

bull A (Amount)

bull M (Marketing)

112October 14 2017

Copying-Qualitative or Quantitative

Copying

113October 14 2017

October 14 2017 114

Inception of ICT has made the copyright

issues more complex and intricate

bull Identifying the ownership

bull Establishing the copyright

bull Enforcing the copyrights

gtgtgtgtgtgtgt has become too complex

October 14 2017 109

Fair Dealings(Section 52 of Indian Copyright Act)

ndash for the purpose of research or private study

ndash for criticism or review

ndash for reporting current events

ndash in connection with judicial proceeding

ndash performance by an amateur club or society if the performance is given to a non-paying audience

ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils

ndash Publication in newspapers or magazines a report of a lecture delivered in public

ndash Making a maximum of 3 copies for the use of a public library

ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research

October 14 2017 110

What is Fair Use

111October 14 2017

Determination of Fair Use

bull Four Factor Analysisgtgtgt

bull P (Purpose)

bull N (Nature)

bull A (Amount)

bull M (Marketing)

112October 14 2017

Copying-Qualitative or Quantitative

Copying

113October 14 2017

October 14 2017 114

Fair Dealings(Section 52 of Indian Copyright Act)

ndash for the purpose of research or private study

ndash for criticism or review

ndash for reporting current events

ndash in connection with judicial proceeding

ndash performance by an amateur club or society if the performance is given to a non-paying audience

ndash Any reproduction of copyrighted works in teaching ndashlearning process making questions by teachers and answers by pupils

ndash Publication in newspapers or magazines a report of a lecture delivered in public

ndash Making a maximum of 3 copies for the use of a public library

ndash Reproduction of unpublished work kept in a museum or library for the purpose of study or research

October 14 2017 110

What is Fair Use

111October 14 2017

Determination of Fair Use

bull Four Factor Analysisgtgtgt

bull P (Purpose)

bull N (Nature)

bull A (Amount)

bull M (Marketing)

112October 14 2017

Copying-Qualitative or Quantitative

Copying

113October 14 2017

October 14 2017 114

What is Fair Use

111October 14 2017

Determination of Fair Use

bull Four Factor Analysisgtgtgt

bull P (Purpose)

bull N (Nature)

bull A (Amount)

bull M (Marketing)

112October 14 2017

Copying-Qualitative or Quantitative

Copying

113October 14 2017

October 14 2017 114

Determination of Fair Use

bull Four Factor Analysisgtgtgt

bull P (Purpose)

bull N (Nature)

bull A (Amount)

bull M (Marketing)

112October 14 2017

Copying-Qualitative or Quantitative

Copying

113October 14 2017

October 14 2017 114

Copying-Qualitative or Quantitative

Copying

113October 14 2017

October 14 2017 114

October 14 2017 114

Can we upload our papers in any

site wherefrom any body can download

bull It depends on the publishing agreement

you signed that specify the rights of the

authors and the rights of publishers

bull One should keep copies of the publishing

agreements for future reference

bull -Editorrsquos Version Post-print Version---X

bull -Authorrsquos Version---X radic

bull -Pre-Print-radicOctober 14 2017 115

Plagiarism

bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work

bull publication the presentation of anotherpersons material work or idea

bull content the presentation of anotherpersons material work or idea

bull appropriation the presentation of anotherpersons material work or idea as onesown

bull lack of credit given the presentation ofanother persons material work or idea ashis or her own

116October 14 2017

Plagiarism Vs Copyright

Infringement

117October 14 2017

Creative Commons (CC)

bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo

bull Choose License

October 14 2017 118

Plagiarism

bull Plagiarism is the wrongful appropriationand stealing and publication ofanother authors language thoughts ideasor expressions and the representation ofthem as ones own original work

bull publication the presentation of anotherpersons material work or idea

bull content the presentation of anotherpersons material work or idea

bull appropriation the presentation of anotherpersons material work or idea as onesown

bull lack of credit given the presentation ofanother persons material work or idea ashis or her own

116October 14 2017

Plagiarism Vs Copyright

Infringement

117October 14 2017

Creative Commons (CC)

bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo

bull Choose License

October 14 2017 118

Plagiarism Vs Copyright

Infringement

117October 14 2017

Creative Commons (CC)

bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo

bull Choose License

October 14 2017 118

Creative Commons (CC)

bull Itrsquos free easy-to-usecopyright licenses provide asimple standardized way togive the public permissionto share and use yourcreative work mdash onconditions of your choiceCC licenses let one easilychange the copyright termsfrom the default of ldquoallrights reservedrdquo to ldquosomerights reservedrdquo

bull Choose License

October 14 2017 118

CC Licenses

119October 14 2017

By Attribution CC BY Copy distribute display

perform amp derivative works-

commercial amp non-commercial

Non-Commercial CC BY NC Same term but only for non-

commercial

No Derivative Works CC BY ND Only verbatim no derivative works

Share Alike CC BY SA Any derivative works must share

with similar terms ie Share Alike

Non-commercial -

Share AlikeCC BY NC SA Any derivative works must share

with similar terms for non-

commercial only

Non-commercial- No

derivativesCC BY NC ND No commercial or derivative works

allowed

Public Domain

bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable

bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight

bull In informal usage the publicdomain consists of works that arepublicly available

120October 14 2017

Counterfeiting amp Piracy

121October 14 2017

Contd

bull lsquoCounterfeitingrsquo

(selling works made

to resemble a

genuine copy as by

replicating the label

the packaging or the

recording itself

bull lsquoPiracy refers to the

activity of

manufacturing

unauthorized copies

(lsquopirate copiesrsquo) of

protected material

and dealing with such

copies by way of

distribution and sale

122October 14 2017

Technologically Protected

Digital Content

123October 14 2017

Various Components of DRM

Content Provider DistributorConsumer

Clearing House

Royalty

124October 14 2017

Adobe Digital a DRM System

October 14 2017 125

Contd

October 14 2017 126

Contd

October 14 2017 127

October 14 2017 128

Contd

bull Adobe Digital Editions (ADE) uses the

proprietary ADEPT (Adobe Digital

Experience Protection Technology) Digital

Rights Management scheme which is also

implemented on some e-book readers

including iPads and many Android devices

October 14 2017 129

Contd

October 14 2017 130

Digital Object Identifier (DOI)

bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998

131October 14 2017

DOI Components

132October 14 2017

October 14 2017 133

Future of Digital Content

October 14 2017 134

BitTorrent amp Copyright

bull BitTorrent is a

communication protocol for the

practice of peer-to-peer file

sharing that is used to distribute large

amounts of data over the Internet

bull Use of BitTorrent to procure

illegal materials could

potentially create liability for

end users as an accomplice

bull BitTorrent to upload your homemade

movie that you want to share with the

world your use of BitTorrent is likely

legal135October 14 2017

Ontogeny Recapitulates Phylogeny

October 14 2017 136

Before you post in Facebook

October 14 2017 137

File Sharing amp Copyright

October 14 2017 138

Before using YouTube

bull YouTube strictly

maintains lsquofair use lsquo

principle

bull It also adheres to CC

licences

bull Check Copyright

Protection in YouTube

139October 14 2017

Public Domain

bull Works in the public domain arethose whose intellectual propertyrights have expired have beenforfeited or are inapplicable

bull Examples include the works ofGurudev Rabindranath TagoreShakespeare and Beethoven most ofthe early silent films the formulae ofNewtonian physics and the patentson powered flight

bull In informal usage the publicdomain consists of works that arepublicly available

120October 14 2017

Counterfeiting amp Piracy

121October 14 2017

Contd

bull lsquoCounterfeitingrsquo

(selling works made

to resemble a

genuine copy as by

replicating the label

the packaging or the

recording itself

bull lsquoPiracy refers to the

activity of

manufacturing

unauthorized copies

(lsquopirate copiesrsquo) of

protected material

and dealing with such

copies by way of

distribution and sale

122October 14 2017

Technologically Protected

Digital Content

123October 14 2017

Various Components of DRM

Content Provider DistributorConsumer

Clearing House

Royalty

124October 14 2017

Adobe Digital a DRM System

October 14 2017 125

Contd

October 14 2017 126

Contd

October 14 2017 127

October 14 2017 128

Contd

bull Adobe Digital Editions (ADE) uses the

proprietary ADEPT (Adobe Digital

Experience Protection Technology) Digital

Rights Management scheme which is also

implemented on some e-book readers

including iPads and many Android devices

October 14 2017 129

Contd

October 14 2017 130

Digital Object Identifier (DOI)

bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998

131October 14 2017

DOI Components

132October 14 2017

October 14 2017 133

Future of Digital Content

October 14 2017 134

BitTorrent amp Copyright

bull BitTorrent is a

communication protocol for the

practice of peer-to-peer file

sharing that is used to distribute large

amounts of data over the Internet

bull Use of BitTorrent to procure

illegal materials could

potentially create liability for

end users as an accomplice

bull BitTorrent to upload your homemade

movie that you want to share with the

world your use of BitTorrent is likely

legal135October 14 2017

Ontogeny Recapitulates Phylogeny

October 14 2017 136

Before you post in Facebook

October 14 2017 137

File Sharing amp Copyright

October 14 2017 138

Before using YouTube

bull YouTube strictly

maintains lsquofair use lsquo

principle

bull It also adheres to CC

licences

bull Check Copyright

Protection in YouTube

139October 14 2017

Counterfeiting amp Piracy

121October 14 2017

Contd

bull lsquoCounterfeitingrsquo

(selling works made

to resemble a

genuine copy as by

replicating the label

the packaging or the

recording itself

bull lsquoPiracy refers to the

activity of

manufacturing

unauthorized copies

(lsquopirate copiesrsquo) of

protected material

and dealing with such

copies by way of

distribution and sale

122October 14 2017

Technologically Protected

Digital Content

123October 14 2017

Various Components of DRM

Content Provider DistributorConsumer

Clearing House

Royalty

124October 14 2017

Adobe Digital a DRM System

October 14 2017 125

Contd

October 14 2017 126

Contd

October 14 2017 127

October 14 2017 128

Contd

bull Adobe Digital Editions (ADE) uses the

proprietary ADEPT (Adobe Digital

Experience Protection Technology) Digital

Rights Management scheme which is also

implemented on some e-book readers

including iPads and many Android devices

October 14 2017 129

Contd

October 14 2017 130

Digital Object Identifier (DOI)

bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998

131October 14 2017

DOI Components

132October 14 2017

October 14 2017 133

Future of Digital Content

October 14 2017 134

BitTorrent amp Copyright

bull BitTorrent is a

communication protocol for the

practice of peer-to-peer file

sharing that is used to distribute large

amounts of data over the Internet

bull Use of BitTorrent to procure

illegal materials could

potentially create liability for

end users as an accomplice

bull BitTorrent to upload your homemade

movie that you want to share with the

world your use of BitTorrent is likely

legal135October 14 2017

Ontogeny Recapitulates Phylogeny

October 14 2017 136

Before you post in Facebook

October 14 2017 137

File Sharing amp Copyright

October 14 2017 138

Before using YouTube

bull YouTube strictly

maintains lsquofair use lsquo

principle

bull It also adheres to CC

licences

bull Check Copyright

Protection in YouTube

139October 14 2017

Contd

bull lsquoCounterfeitingrsquo

(selling works made

to resemble a

genuine copy as by

replicating the label

the packaging or the

recording itself

bull lsquoPiracy refers to the

activity of

manufacturing

unauthorized copies

(lsquopirate copiesrsquo) of

protected material

and dealing with such

copies by way of

distribution and sale

122October 14 2017

Technologically Protected

Digital Content

123October 14 2017

Various Components of DRM

Content Provider DistributorConsumer

Clearing House

Royalty

124October 14 2017

Adobe Digital a DRM System

October 14 2017 125

Contd

October 14 2017 126

Contd

October 14 2017 127

October 14 2017 128

Contd

bull Adobe Digital Editions (ADE) uses the

proprietary ADEPT (Adobe Digital

Experience Protection Technology) Digital

Rights Management scheme which is also

implemented on some e-book readers

including iPads and many Android devices

October 14 2017 129

Contd

October 14 2017 130

Digital Object Identifier (DOI)

bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998

131October 14 2017

DOI Components

132October 14 2017

October 14 2017 133

Future of Digital Content

October 14 2017 134

BitTorrent amp Copyright

bull BitTorrent is a

communication protocol for the

practice of peer-to-peer file

sharing that is used to distribute large

amounts of data over the Internet

bull Use of BitTorrent to procure

illegal materials could

potentially create liability for

end users as an accomplice

bull BitTorrent to upload your homemade

movie that you want to share with the

world your use of BitTorrent is likely

legal135October 14 2017

Ontogeny Recapitulates Phylogeny

October 14 2017 136

Before you post in Facebook

October 14 2017 137

File Sharing amp Copyright

October 14 2017 138

Before using YouTube

bull YouTube strictly

maintains lsquofair use lsquo

principle

bull It also adheres to CC

licences

bull Check Copyright

Protection in YouTube

139October 14 2017

Technologically Protected

Digital Content

123October 14 2017

Various Components of DRM

Content Provider DistributorConsumer

Clearing House

Royalty

124October 14 2017

Adobe Digital a DRM System

October 14 2017 125

Contd

October 14 2017 126

Contd

October 14 2017 127

October 14 2017 128

Contd

bull Adobe Digital Editions (ADE) uses the

proprietary ADEPT (Adobe Digital

Experience Protection Technology) Digital

Rights Management scheme which is also

implemented on some e-book readers

including iPads and many Android devices

October 14 2017 129

Contd

October 14 2017 130

Digital Object Identifier (DOI)

bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998

131October 14 2017

DOI Components

132October 14 2017

October 14 2017 133

Future of Digital Content

October 14 2017 134

BitTorrent amp Copyright

bull BitTorrent is a

communication protocol for the

practice of peer-to-peer file

sharing that is used to distribute large

amounts of data over the Internet

bull Use of BitTorrent to procure

illegal materials could

potentially create liability for

end users as an accomplice

bull BitTorrent to upload your homemade

movie that you want to share with the

world your use of BitTorrent is likely

legal135October 14 2017

Ontogeny Recapitulates Phylogeny

October 14 2017 136

Before you post in Facebook

October 14 2017 137

File Sharing amp Copyright

October 14 2017 138

Before using YouTube

bull YouTube strictly

maintains lsquofair use lsquo

principle

bull It also adheres to CC

licences

bull Check Copyright

Protection in YouTube

139October 14 2017

Various Components of DRM

Content Provider DistributorConsumer

Clearing House

Royalty

124October 14 2017

Adobe Digital a DRM System

October 14 2017 125

Contd

October 14 2017 126

Contd

October 14 2017 127

October 14 2017 128

Contd

bull Adobe Digital Editions (ADE) uses the

proprietary ADEPT (Adobe Digital

Experience Protection Technology) Digital

Rights Management scheme which is also

implemented on some e-book readers

including iPads and many Android devices

October 14 2017 129

Contd

October 14 2017 130

Digital Object Identifier (DOI)

bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998

131October 14 2017

DOI Components

132October 14 2017

October 14 2017 133

Future of Digital Content

October 14 2017 134

BitTorrent amp Copyright

bull BitTorrent is a

communication protocol for the

practice of peer-to-peer file

sharing that is used to distribute large

amounts of data over the Internet

bull Use of BitTorrent to procure

illegal materials could

potentially create liability for

end users as an accomplice

bull BitTorrent to upload your homemade

movie that you want to share with the

world your use of BitTorrent is likely

legal135October 14 2017

Ontogeny Recapitulates Phylogeny

October 14 2017 136

Before you post in Facebook

October 14 2017 137

File Sharing amp Copyright

October 14 2017 138

Before using YouTube

bull YouTube strictly

maintains lsquofair use lsquo

principle

bull It also adheres to CC

licences

bull Check Copyright

Protection in YouTube

139October 14 2017

Adobe Digital a DRM System

October 14 2017 125

Contd

October 14 2017 126

Contd

October 14 2017 127

October 14 2017 128

Contd

bull Adobe Digital Editions (ADE) uses the

proprietary ADEPT (Adobe Digital

Experience Protection Technology) Digital

Rights Management scheme which is also

implemented on some e-book readers

including iPads and many Android devices

October 14 2017 129

Contd

October 14 2017 130

Digital Object Identifier (DOI)

bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998

131October 14 2017

DOI Components

132October 14 2017

October 14 2017 133

Future of Digital Content

October 14 2017 134

BitTorrent amp Copyright

bull BitTorrent is a

communication protocol for the

practice of peer-to-peer file

sharing that is used to distribute large

amounts of data over the Internet

bull Use of BitTorrent to procure

illegal materials could

potentially create liability for

end users as an accomplice

bull BitTorrent to upload your homemade

movie that you want to share with the

world your use of BitTorrent is likely

legal135October 14 2017

Ontogeny Recapitulates Phylogeny

October 14 2017 136

Before you post in Facebook

October 14 2017 137

File Sharing amp Copyright

October 14 2017 138

Before using YouTube

bull YouTube strictly

maintains lsquofair use lsquo

principle

bull It also adheres to CC

licences

bull Check Copyright

Protection in YouTube

139October 14 2017

Contd

October 14 2017 126

Contd

October 14 2017 127

October 14 2017 128

Contd

bull Adobe Digital Editions (ADE) uses the

proprietary ADEPT (Adobe Digital

Experience Protection Technology) Digital

Rights Management scheme which is also

implemented on some e-book readers

including iPads and many Android devices

October 14 2017 129

Contd

October 14 2017 130

Digital Object Identifier (DOI)

bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998

131October 14 2017

DOI Components

132October 14 2017

October 14 2017 133

Future of Digital Content

October 14 2017 134

BitTorrent amp Copyright

bull BitTorrent is a

communication protocol for the

practice of peer-to-peer file

sharing that is used to distribute large

amounts of data over the Internet

bull Use of BitTorrent to procure

illegal materials could

potentially create liability for

end users as an accomplice

bull BitTorrent to upload your homemade

movie that you want to share with the

world your use of BitTorrent is likely

legal135October 14 2017

Ontogeny Recapitulates Phylogeny

October 14 2017 136

Before you post in Facebook

October 14 2017 137

File Sharing amp Copyright

October 14 2017 138

Before using YouTube

bull YouTube strictly

maintains lsquofair use lsquo

principle

bull It also adheres to CC

licences

bull Check Copyright

Protection in YouTube

139October 14 2017

Contd

October 14 2017 127

October 14 2017 128

Contd

bull Adobe Digital Editions (ADE) uses the

proprietary ADEPT (Adobe Digital

Experience Protection Technology) Digital

Rights Management scheme which is also

implemented on some e-book readers

including iPads and many Android devices

October 14 2017 129

Contd

October 14 2017 130

Digital Object Identifier (DOI)

bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998

131October 14 2017

DOI Components

132October 14 2017

October 14 2017 133

Future of Digital Content

October 14 2017 134

BitTorrent amp Copyright

bull BitTorrent is a

communication protocol for the

practice of peer-to-peer file

sharing that is used to distribute large

amounts of data over the Internet

bull Use of BitTorrent to procure

illegal materials could

potentially create liability for

end users as an accomplice

bull BitTorrent to upload your homemade

movie that you want to share with the

world your use of BitTorrent is likely

legal135October 14 2017

Ontogeny Recapitulates Phylogeny

October 14 2017 136

Before you post in Facebook

October 14 2017 137

File Sharing amp Copyright

October 14 2017 138

Before using YouTube

bull YouTube strictly

maintains lsquofair use lsquo

principle

bull It also adheres to CC

licences

bull Check Copyright

Protection in YouTube

139October 14 2017

October 14 2017 128

Contd

bull Adobe Digital Editions (ADE) uses the

proprietary ADEPT (Adobe Digital

Experience Protection Technology) Digital

Rights Management scheme which is also

implemented on some e-book readers

including iPads and many Android devices

October 14 2017 129

Contd

October 14 2017 130

Digital Object Identifier (DOI)

bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998

131October 14 2017

DOI Components

132October 14 2017

October 14 2017 133

Future of Digital Content

October 14 2017 134

BitTorrent amp Copyright

bull BitTorrent is a

communication protocol for the

practice of peer-to-peer file

sharing that is used to distribute large

amounts of data over the Internet

bull Use of BitTorrent to procure

illegal materials could

potentially create liability for

end users as an accomplice

bull BitTorrent to upload your homemade

movie that you want to share with the

world your use of BitTorrent is likely

legal135October 14 2017

Ontogeny Recapitulates Phylogeny

October 14 2017 136

Before you post in Facebook

October 14 2017 137

File Sharing amp Copyright

October 14 2017 138

Before using YouTube

bull YouTube strictly

maintains lsquofair use lsquo

principle

bull It also adheres to CC

licences

bull Check Copyright

Protection in YouTube

139October 14 2017

Contd

bull Adobe Digital Editions (ADE) uses the

proprietary ADEPT (Adobe Digital

Experience Protection Technology) Digital

Rights Management scheme which is also

implemented on some e-book readers

including iPads and many Android devices

October 14 2017 129

Contd

October 14 2017 130

Digital Object Identifier (DOI)

bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998

131October 14 2017

DOI Components

132October 14 2017

October 14 2017 133

Future of Digital Content

October 14 2017 134

BitTorrent amp Copyright

bull BitTorrent is a

communication protocol for the

practice of peer-to-peer file

sharing that is used to distribute large

amounts of data over the Internet

bull Use of BitTorrent to procure

illegal materials could

potentially create liability for

end users as an accomplice

bull BitTorrent to upload your homemade

movie that you want to share with the

world your use of BitTorrent is likely

legal135October 14 2017

Ontogeny Recapitulates Phylogeny

October 14 2017 136

Before you post in Facebook

October 14 2017 137

File Sharing amp Copyright

October 14 2017 138

Before using YouTube

bull YouTube strictly

maintains lsquofair use lsquo

principle

bull It also adheres to CC

licences

bull Check Copyright

Protection in YouTube

139October 14 2017

Contd

October 14 2017 130

Digital Object Identifier (DOI)

bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998

131October 14 2017

DOI Components

132October 14 2017

October 14 2017 133

Future of Digital Content

October 14 2017 134

BitTorrent amp Copyright

bull BitTorrent is a

communication protocol for the

practice of peer-to-peer file

sharing that is used to distribute large

amounts of data over the Internet

bull Use of BitTorrent to procure

illegal materials could

potentially create liability for

end users as an accomplice

bull BitTorrent to upload your homemade

movie that you want to share with the

world your use of BitTorrent is likely

legal135October 14 2017

Ontogeny Recapitulates Phylogeny

October 14 2017 136

Before you post in Facebook

October 14 2017 137

File Sharing amp Copyright

October 14 2017 138

Before using YouTube

bull YouTube strictly

maintains lsquofair use lsquo

principle

bull It also adheres to CC

licences

bull Check Copyright

Protection in YouTube

139October 14 2017

Digital Object Identifier (DOI)

bull A digital object identifier is a unique numberthat can be used to identify any type orportion of content DOI numbers perform forlong term (persistent) and locatable(actionable) identification information forspecific content or elements of content TheDOI system is managed by the InternationalDOI foundation (IDF) that was established in1998

131October 14 2017

DOI Components

132October 14 2017

October 14 2017 133

Future of Digital Content

October 14 2017 134

BitTorrent amp Copyright

bull BitTorrent is a

communication protocol for the

practice of peer-to-peer file

sharing that is used to distribute large

amounts of data over the Internet

bull Use of BitTorrent to procure

illegal materials could

potentially create liability for

end users as an accomplice

bull BitTorrent to upload your homemade

movie that you want to share with the

world your use of BitTorrent is likely

legal135October 14 2017

Ontogeny Recapitulates Phylogeny

October 14 2017 136

Before you post in Facebook

October 14 2017 137

File Sharing amp Copyright

October 14 2017 138

Before using YouTube

bull YouTube strictly

maintains lsquofair use lsquo

principle

bull It also adheres to CC

licences

bull Check Copyright

Protection in YouTube

139October 14 2017

DOI Components

132October 14 2017

October 14 2017 133

Future of Digital Content

October 14 2017 134

BitTorrent amp Copyright

bull BitTorrent is a

communication protocol for the

practice of peer-to-peer file

sharing that is used to distribute large

amounts of data over the Internet

bull Use of BitTorrent to procure

illegal materials could

potentially create liability for

end users as an accomplice

bull BitTorrent to upload your homemade

movie that you want to share with the

world your use of BitTorrent is likely

legal135October 14 2017

Ontogeny Recapitulates Phylogeny

October 14 2017 136

Before you post in Facebook

October 14 2017 137

File Sharing amp Copyright

October 14 2017 138

Before using YouTube

bull YouTube strictly

maintains lsquofair use lsquo

principle

bull It also adheres to CC

licences

bull Check Copyright

Protection in YouTube

139October 14 2017

October 14 2017 133

Future of Digital Content

October 14 2017 134

BitTorrent amp Copyright

bull BitTorrent is a

communication protocol for the

practice of peer-to-peer file

sharing that is used to distribute large

amounts of data over the Internet

bull Use of BitTorrent to procure

illegal materials could

potentially create liability for

end users as an accomplice

bull BitTorrent to upload your homemade

movie that you want to share with the

world your use of BitTorrent is likely

legal135October 14 2017

Ontogeny Recapitulates Phylogeny

October 14 2017 136

Before you post in Facebook

October 14 2017 137

File Sharing amp Copyright

October 14 2017 138

Before using YouTube

bull YouTube strictly

maintains lsquofair use lsquo

principle

bull It also adheres to CC

licences

bull Check Copyright

Protection in YouTube

139October 14 2017

Future of Digital Content

October 14 2017 134

BitTorrent amp Copyright

bull BitTorrent is a

communication protocol for the

practice of peer-to-peer file

sharing that is used to distribute large

amounts of data over the Internet

bull Use of BitTorrent to procure

illegal materials could

potentially create liability for

end users as an accomplice

bull BitTorrent to upload your homemade

movie that you want to share with the

world your use of BitTorrent is likely

legal135October 14 2017

Ontogeny Recapitulates Phylogeny

October 14 2017 136

Before you post in Facebook

October 14 2017 137

File Sharing amp Copyright

October 14 2017 138

Before using YouTube

bull YouTube strictly

maintains lsquofair use lsquo

principle

bull It also adheres to CC

licences

bull Check Copyright

Protection in YouTube

139October 14 2017

BitTorrent amp Copyright

bull BitTorrent is a

communication protocol for the

practice of peer-to-peer file

sharing that is used to distribute large

amounts of data over the Internet

bull Use of BitTorrent to procure

illegal materials could

potentially create liability for

end users as an accomplice

bull BitTorrent to upload your homemade

movie that you want to share with the

world your use of BitTorrent is likely

legal135October 14 2017

Ontogeny Recapitulates Phylogeny

October 14 2017 136

Before you post in Facebook

October 14 2017 137

File Sharing amp Copyright

October 14 2017 138

Before using YouTube

bull YouTube strictly

maintains lsquofair use lsquo

principle

bull It also adheres to CC

licences

bull Check Copyright

Protection in YouTube

139October 14 2017

Ontogeny Recapitulates Phylogeny

October 14 2017 136

Before you post in Facebook

October 14 2017 137

File Sharing amp Copyright

October 14 2017 138

Before using YouTube

bull YouTube strictly

maintains lsquofair use lsquo

principle

bull It also adheres to CC

licences

bull Check Copyright

Protection in YouTube

139October 14 2017

Before you post in Facebook

October 14 2017 137

File Sharing amp Copyright

October 14 2017 138

Before using YouTube

bull YouTube strictly

maintains lsquofair use lsquo

principle

bull It also adheres to CC

licences

bull Check Copyright

Protection in YouTube

139October 14 2017

File Sharing amp Copyright

October 14 2017 138

Before using YouTube

bull YouTube strictly

maintains lsquofair use lsquo

principle

bull It also adheres to CC

licences

bull Check Copyright

Protection in YouTube

139October 14 2017

Before using YouTube

bull YouTube strictly

maintains lsquofair use lsquo

principle

bull It also adheres to CC

licences

bull Check Copyright

Protection in YouTube

139October 14 2017

October 14 2017 140

Copyright in Cloud

October 14 2017 141

Who is owning the copyright

gtCloud operator or Copyright

Owner

The Same is applicable

for all Social media

October 14 2017 142

How to Determine Copyright Infringement

bull There are 3 requirements

That there was copyingDirect evidence

Access + probative similarity

Striking similarity

Common errors

The defendant created a copytangible

fixed

The copying was improperComprehensive copying

Fragmented Literal similarity

Substantial similarityOctober 14 2017 143

General Principles

(1) No copyright in an idea Violation of

copyright confined to form manner and

arrangement as well as expression of

idea by the author

(2) Where same idea developed in different

manner similarities happen Court to

rule on whether similarities are merely

substantial or fundamental

General Principles (2)

(3)Safest Test Does the reader

spectatorviewer have the

opinionget the unshakeable

impression that the second work is a

copy of the original (ldquothe viewer testrdquo)

(4)Same theme different presentation

rarrCompletely new work no infringement

General Principles (3)

(5) Where there are only incidental similarities there is no copyright infringement

(6) Copyright infringement = piracy

it must be clearly proven

(7) Very difficult to prove

violation of copyright of

stage play by a film

producer the ldquoviewer testrdquo is applicable

Remedies

Remedies for Copyright

Infringement

Civil Criminal

Civil Remedies

Civil Remedies

Injunction Damages Accounts Costs

Criminal Remedies

Criminal Remedies

Cognizable Offences

Imprisonment up to 3 years

Fine up to 200000 INR

Criminal Remedies

bull Copyright Act 1957 s64 empowers the

Police (any officer not below the rank of

sub-inspector) to seize infringing copies

without warrant

bull Police Raids (Power of search seizure amp

arrest without a warrant)

bull Fines (min 50000-200000 INR)

bull Imprisonment (6 months to 3 years)

Thank you for your Patience

ldquoDont copy get inspiredrdquo

― The Great Pearl of Wisdom

October 14 2017 151

Copyright in Cloud

October 14 2017 141

Who is owning the copyright

gtCloud operator or Copyright

Owner

The Same is applicable

for all Social media

October 14 2017 142

How to Determine Copyright Infringement

bull There are 3 requirements

That there was copyingDirect evidence

Access + probative similarity

Striking similarity

Common errors

The defendant created a copytangible

fixed

The copying was improperComprehensive copying

Fragmented Literal similarity

Substantial similarityOctober 14 2017 143

General Principles

(1) No copyright in an idea Violation of

copyright confined to form manner and

arrangement as well as expression of

idea by the author

(2) Where same idea developed in different

manner similarities happen Court to

rule on whether similarities are merely

substantial or fundamental

General Principles (2)

(3)Safest Test Does the reader

spectatorviewer have the

opinionget the unshakeable

impression that the second work is a

copy of the original (ldquothe viewer testrdquo)

(4)Same theme different presentation

rarrCompletely new work no infringement

General Principles (3)

(5) Where there are only incidental similarities there is no copyright infringement

(6) Copyright infringement = piracy

it must be clearly proven

(7) Very difficult to prove

violation of copyright of

stage play by a film

producer the ldquoviewer testrdquo is applicable

Remedies

Remedies for Copyright

Infringement

Civil Criminal

Civil Remedies

Civil Remedies

Injunction Damages Accounts Costs

Criminal Remedies

Criminal Remedies

Cognizable Offences

Imprisonment up to 3 years

Fine up to 200000 INR

Criminal Remedies

bull Copyright Act 1957 s64 empowers the

Police (any officer not below the rank of

sub-inspector) to seize infringing copies

without warrant

bull Police Raids (Power of search seizure amp

arrest without a warrant)

bull Fines (min 50000-200000 INR)

bull Imprisonment (6 months to 3 years)

Thank you for your Patience

ldquoDont copy get inspiredrdquo

― The Great Pearl of Wisdom

October 14 2017 151

Who is owning the copyright

gtCloud operator or Copyright

Owner

The Same is applicable

for all Social media

October 14 2017 142

How to Determine Copyright Infringement

bull There are 3 requirements

That there was copyingDirect evidence

Access + probative similarity

Striking similarity

Common errors

The defendant created a copytangible

fixed

The copying was improperComprehensive copying

Fragmented Literal similarity

Substantial similarityOctober 14 2017 143

General Principles

(1) No copyright in an idea Violation of

copyright confined to form manner and

arrangement as well as expression of

idea by the author

(2) Where same idea developed in different

manner similarities happen Court to

rule on whether similarities are merely

substantial or fundamental

General Principles (2)

(3)Safest Test Does the reader

spectatorviewer have the

opinionget the unshakeable

impression that the second work is a

copy of the original (ldquothe viewer testrdquo)

(4)Same theme different presentation

rarrCompletely new work no infringement

General Principles (3)

(5) Where there are only incidental similarities there is no copyright infringement

(6) Copyright infringement = piracy

it must be clearly proven

(7) Very difficult to prove

violation of copyright of

stage play by a film

producer the ldquoviewer testrdquo is applicable

Remedies

Remedies for Copyright

Infringement

Civil Criminal

Civil Remedies

Civil Remedies

Injunction Damages Accounts Costs

Criminal Remedies

Criminal Remedies

Cognizable Offences

Imprisonment up to 3 years

Fine up to 200000 INR

Criminal Remedies

bull Copyright Act 1957 s64 empowers the

Police (any officer not below the rank of

sub-inspector) to seize infringing copies

without warrant

bull Police Raids (Power of search seizure amp

arrest without a warrant)

bull Fines (min 50000-200000 INR)

bull Imprisonment (6 months to 3 years)

Thank you for your Patience

ldquoDont copy get inspiredrdquo

― The Great Pearl of Wisdom

October 14 2017 151

How to Determine Copyright Infringement

bull There are 3 requirements

That there was copyingDirect evidence

Access + probative similarity

Striking similarity

Common errors

The defendant created a copytangible

fixed

The copying was improperComprehensive copying

Fragmented Literal similarity

Substantial similarityOctober 14 2017 143

General Principles

(1) No copyright in an idea Violation of

copyright confined to form manner and

arrangement as well as expression of

idea by the author

(2) Where same idea developed in different

manner similarities happen Court to

rule on whether similarities are merely

substantial or fundamental

General Principles (2)

(3)Safest Test Does the reader

spectatorviewer have the

opinionget the unshakeable

impression that the second work is a

copy of the original (ldquothe viewer testrdquo)

(4)Same theme different presentation

rarrCompletely new work no infringement

General Principles (3)

(5) Where there are only incidental similarities there is no copyright infringement

(6) Copyright infringement = piracy

it must be clearly proven

(7) Very difficult to prove

violation of copyright of

stage play by a film

producer the ldquoviewer testrdquo is applicable

Remedies

Remedies for Copyright

Infringement

Civil Criminal

Civil Remedies

Civil Remedies

Injunction Damages Accounts Costs

Criminal Remedies

Criminal Remedies

Cognizable Offences

Imprisonment up to 3 years

Fine up to 200000 INR

Criminal Remedies

bull Copyright Act 1957 s64 empowers the

Police (any officer not below the rank of

sub-inspector) to seize infringing copies

without warrant

bull Police Raids (Power of search seizure amp

arrest without a warrant)

bull Fines (min 50000-200000 INR)

bull Imprisonment (6 months to 3 years)

Thank you for your Patience

ldquoDont copy get inspiredrdquo

― The Great Pearl of Wisdom

October 14 2017 151

General Principles

(1) No copyright in an idea Violation of

copyright confined to form manner and

arrangement as well as expression of

idea by the author

(2) Where same idea developed in different

manner similarities happen Court to

rule on whether similarities are merely

substantial or fundamental

General Principles (2)

(3)Safest Test Does the reader

spectatorviewer have the

opinionget the unshakeable

impression that the second work is a

copy of the original (ldquothe viewer testrdquo)

(4)Same theme different presentation

rarrCompletely new work no infringement

General Principles (3)

(5) Where there are only incidental similarities there is no copyright infringement

(6) Copyright infringement = piracy

it must be clearly proven

(7) Very difficult to prove

violation of copyright of

stage play by a film

producer the ldquoviewer testrdquo is applicable

Remedies

Remedies for Copyright

Infringement

Civil Criminal

Civil Remedies

Civil Remedies

Injunction Damages Accounts Costs

Criminal Remedies

Criminal Remedies

Cognizable Offences

Imprisonment up to 3 years

Fine up to 200000 INR

Criminal Remedies

bull Copyright Act 1957 s64 empowers the

Police (any officer not below the rank of

sub-inspector) to seize infringing copies

without warrant

bull Police Raids (Power of search seizure amp

arrest without a warrant)

bull Fines (min 50000-200000 INR)

bull Imprisonment (6 months to 3 years)

Thank you for your Patience

ldquoDont copy get inspiredrdquo

― The Great Pearl of Wisdom

October 14 2017 151

General Principles (2)

(3)Safest Test Does the reader

spectatorviewer have the

opinionget the unshakeable

impression that the second work is a

copy of the original (ldquothe viewer testrdquo)

(4)Same theme different presentation

rarrCompletely new work no infringement

General Principles (3)

(5) Where there are only incidental similarities there is no copyright infringement

(6) Copyright infringement = piracy

it must be clearly proven

(7) Very difficult to prove

violation of copyright of

stage play by a film

producer the ldquoviewer testrdquo is applicable

Remedies

Remedies for Copyright

Infringement

Civil Criminal

Civil Remedies

Civil Remedies

Injunction Damages Accounts Costs

Criminal Remedies

Criminal Remedies

Cognizable Offences

Imprisonment up to 3 years

Fine up to 200000 INR

Criminal Remedies

bull Copyright Act 1957 s64 empowers the

Police (any officer not below the rank of

sub-inspector) to seize infringing copies

without warrant

bull Police Raids (Power of search seizure amp

arrest without a warrant)

bull Fines (min 50000-200000 INR)

bull Imprisonment (6 months to 3 years)

Thank you for your Patience

ldquoDont copy get inspiredrdquo

― The Great Pearl of Wisdom

October 14 2017 151

General Principles (3)

(5) Where there are only incidental similarities there is no copyright infringement

(6) Copyright infringement = piracy

it must be clearly proven

(7) Very difficult to prove

violation of copyright of

stage play by a film

producer the ldquoviewer testrdquo is applicable

Remedies

Remedies for Copyright

Infringement

Civil Criminal

Civil Remedies

Civil Remedies

Injunction Damages Accounts Costs

Criminal Remedies

Criminal Remedies

Cognizable Offences

Imprisonment up to 3 years

Fine up to 200000 INR

Criminal Remedies

bull Copyright Act 1957 s64 empowers the

Police (any officer not below the rank of

sub-inspector) to seize infringing copies

without warrant

bull Police Raids (Power of search seizure amp

arrest without a warrant)

bull Fines (min 50000-200000 INR)

bull Imprisonment (6 months to 3 years)

Thank you for your Patience

ldquoDont copy get inspiredrdquo

― The Great Pearl of Wisdom

October 14 2017 151

Remedies

Remedies for Copyright

Infringement

Civil Criminal

Civil Remedies

Civil Remedies

Injunction Damages Accounts Costs

Criminal Remedies

Criminal Remedies

Cognizable Offences

Imprisonment up to 3 years

Fine up to 200000 INR

Criminal Remedies

bull Copyright Act 1957 s64 empowers the

Police (any officer not below the rank of

sub-inspector) to seize infringing copies

without warrant

bull Police Raids (Power of search seizure amp

arrest without a warrant)

bull Fines (min 50000-200000 INR)

bull Imprisonment (6 months to 3 years)

Thank you for your Patience

ldquoDont copy get inspiredrdquo

― The Great Pearl of Wisdom

October 14 2017 151

Civil Remedies

Civil Remedies

Injunction Damages Accounts Costs

Criminal Remedies

Criminal Remedies

Cognizable Offences

Imprisonment up to 3 years

Fine up to 200000 INR

Criminal Remedies

bull Copyright Act 1957 s64 empowers the

Police (any officer not below the rank of

sub-inspector) to seize infringing copies

without warrant

bull Police Raids (Power of search seizure amp

arrest without a warrant)

bull Fines (min 50000-200000 INR)

bull Imprisonment (6 months to 3 years)

Thank you for your Patience

ldquoDont copy get inspiredrdquo

― The Great Pearl of Wisdom

October 14 2017 151

Criminal Remedies

Criminal Remedies

Cognizable Offences

Imprisonment up to 3 years

Fine up to 200000 INR

Criminal Remedies

bull Copyright Act 1957 s64 empowers the

Police (any officer not below the rank of

sub-inspector) to seize infringing copies

without warrant

bull Police Raids (Power of search seizure amp

arrest without a warrant)

bull Fines (min 50000-200000 INR)

bull Imprisonment (6 months to 3 years)

Thank you for your Patience

ldquoDont copy get inspiredrdquo

― The Great Pearl of Wisdom

October 14 2017 151

Criminal Remedies

bull Copyright Act 1957 s64 empowers the

Police (any officer not below the rank of

sub-inspector) to seize infringing copies

without warrant

bull Police Raids (Power of search seizure amp

arrest without a warrant)

bull Fines (min 50000-200000 INR)

bull Imprisonment (6 months to 3 years)

Thank you for your Patience

ldquoDont copy get inspiredrdquo

― The Great Pearl of Wisdom

October 14 2017 151

Thank you for your Patience

ldquoDont copy get inspiredrdquo

― The Great Pearl of Wisdom

October 14 2017 151