LAKSHMEESHA C Mcom NET KSET 1 Ph:9964008827

Assistant Professor Commerce and Management. Email: lakshmeeshac@gmail.com

LAKSHMEESHA C. .Mcom .NET .KSET

Assistant Professor
Commerce and Management
Email: lakshmeeshac@gmail.com
Contact No: 9964008827

INTELLECTUAL PROPERTY RIGHTS

3RD SEM M.COM
BANGALORE UNIVERSITY

INTELLECTUAL PROPERTY RIGHTS

3Rd SEM .M .Com Bangalore University
LAKSHMEESHA C Mcom NET KSET 2 Ph:9964008827
Assistant Professor Commerce and Management. Email: lakshmeeshac@gmail.com

Syllabus:

Module 1: Introduction to IPR:

Introduction and the need for intellectual property right (IPR) -Kinds of Intellectual Property Rights:
Patent, Copyright, Trade Mark, Design, Geographical Indication, Plant Varieties and Layout Design –
Genetic Resources and Traditional Knowledge –Trade Secret - Nature of Intellectual Property - Industrial
Property - Technological Research, Inventions and Innovations – Important examples of IPR. - IPR in
India. Genesis and development – IPR in abroad - Major International Instruments concerning
Intellectual Property Rights: Paris Convention, 1883, Berne Convention, 1886, Universal Copyright
Convention, 1952, WIPO Convention, 1967, Patent Co-operation Treaty, 1970, TRIPS Agreement, 1994
and others.

Module 2: Registration & Laws of IPR:

Meaning and Practical aspects of registration of IPRs in India and Abroad: Registration Process in India,
Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM), National IPR Policy –
Features. Laws of IPR: Patents Act, 1970, Trade Mark Act, 1999, The Designs Act, 2000, The Geographical
Indications of Goods (Registration and Protection) Act, 1999, Copyright Act, 1957, The Protection of
Plant Varieties and Farmers’ Rights Act, 2001, The Semi-Conductor Integrated Circuits Layout Design Act,
2000, Aesthetic Values and Trade Secrets, Utility Models and others. Personal Data Protection Bill 2019.
Career Opportunities in IPR.

Module 3: Patents & Copy Rights:

Patents - Elements of Patentability: Novelty, Non-Obviousness (Inventive Steps), Industrial Application -

Non - Patentable Subject Matter -Registration Procedure, Rights and Duties of Patentee, Assignment
and licence, Restoration of lapsed Patents, Surrender and Revocation of Patents, Infringement,
Remedies & Penalties -Patent office and Appellate Board. Nature of Copyright - Subject matter of
copyright: original literary, dramatic, musical, artistic works; cinematograph films and sound recordings -
Registration Procedure, Term of protection, Ownership of copyright, Assignment and licence of
copyright - Infringement, Remedies & Penalties – Related Rights - Distinction between related rights and
copyrights.

Module 4: Trade Marks & others:

Concept of Trademarks - Different kinds of marks (brand names, logos, signatures, symbols, well known
marks, certification marks and service marks) -Non-Registrable Trademarks - Registration of Trademarks
- Rights of holder and assignment and licensing of marks - Infringement, Remedies & Penalties -
Trademarks registry and appellate board. Plant Variety Protection & Layout Design Protection:
Registration procedure

Module 5: Design & Geographical Indicators (GI):

Design: meaning and concept of novel and original - Procedure for registration, effect of registration and
term of protection. Geographical indication: meaning, and difference between GI and trademarks -
Procedure for registration, effect of registration and term of protection.

INTELLECTUAL PROPERTY RIGHTS

3Rd SEM .M .Com Bangalore University
LAKSHMEESHA C Mcom NET KSET 3 Ph:9964008827
Assistant Professor Commerce and Management. Email: lakshmeeshac@gmail.com

Module 1: Introduction to IPR:

Introduction and the need for intellectual property right (IPR) -Kinds of Intellectual Property Rights:
Patent, Copyright, Trade Mark, Design, Geographical Indication, Plant Varieties and Layout Design –
Genetic Resources and Traditional Knowledge –Trade Secret - Nature of Intellectual Property - Industrial
Property - Technological Research, Inventions and Innovations – Important examples of IPR. - IPR in
India. Genesis and development – IPR in abroad - Major International Instruments concerning
Intellectual Property Rights: Paris Convention, 1883, Berne Convention, 1886, Universal Copyright
Convention, 1952, WIPO Convention, 1967, Patent Co-operation Treaty, 1970, TRIPS Agreement, 1994
and others.

INTRODUCTION OF IPR:

Intellectual property (IP) pertains to any original creation of the human intellect such as artistic,
literary, technical, or scientific creation. Intellectual property rights (IPR) refers to the legal rights
given to the inventor or creator to protect his invention or creation for a certain period of time

The main purpose of intellectual property law is to encourage the creation a wide variety of
intellectual goods To achieve this, the law gives people and businesses property rights the
information and intellectual goods they create, usually for a limited period of time.

Meaning of important terms:

Intellectual:

➢ Very educated and interested in studying and other activities that involve careful thinking and
mental effort , Innovations, Creative thinking in minds.

Property:

➢ Property is anything tangible or intangible over which a person or business has a legal title.

Rights:

➢ Rights are legal, social, or ethical principles of freedom or entitlement

Intellectual Property Rights:

➢ Intellectual property refers to creations of the mind: inventions, literary and artistic works,
symbols, names, pictures, models and industrial designs.

Definition:

➢ Definition of intellectual property rights is any and all rights associated with intangible assets
owned by a person or company and protected against use without consent

NEED FOR INTELLECTUAL PROPERTY RIGHTS:

• IP Encourage Innovation (Legal protection of new innovations)

• IP Economic growth(Create new jobs , industries, improve quality Life)

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• IP Safeguard rights of creators(rights for certain time limit goods and services)
• IP Promotion Innovations and creations (easy of doing business)
• IP protection encourages publications, distribution, and disclosures
• IP Balancing between Innovators interest and public interest
• IP consist different areas logos, copyright, trademarks, industrial design etc.
• IP generates business income through licencing and commercializing goods and services
• IP convert creative idea in commercial successful products and services
• IP increase the competition in Export markets.

FEATURES OF INTELLECTUAL PROPERTY RIGHTS:

✓ It is Intangible nature over a tangible property

✓ It is created by human intellectual
✓ It is its unique features (characters)
✓ It has monetary value
✓ It can be Owned and transferred, sold , licinced to another person
✓ It covers ideas, Innovations, literacy creative, models, logos, industrial processes.
✓ It protected against wrongful expropriation
✓ It has risk to sue (suit) enforced legal action.
✓ It has rights and duties (produced work, make copies work, market work)
✓ It has dynamism Nature (continues development process)

Laws regulating Intellectual Property Rights in India:

Patents Act, 1970:

▪ This law governs patent protection in India. It provides for the grant of exclusive rights to
inventors for their inventions, which must be novel, involve an inventive step, and have
industrial applicability.

Copyright Act, 1957:

▪ This act protects original literary, artistic, musical, and cinematographic works, as well as
computer software. It grants exclusive rights to creators, including the right to reproduce,
communicate to the public, adapt, and perform their works.

Trademarks Act, 1999:

▪ This act governs the registration and protection of trademarks in India. It provides exclusive
rights to trademark owners, allowing them to use and protect their marks from unauthorized
use by others.

Geographical Indications of Goods Act, 1999:

▪ This act provides for the registration and protection of geographical indications (Gls) in India. It
safeguards the unique qualities and reputation of products associated with a specific
geographical region.

Designs Act, 2000:

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LAKSHMEESHA C Mcom NET KSET 5 Ph:9964008827
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▪ This act regulates the registration and protection of industrial designs in India. It grants
exclusive rights to the creators of novel and original designs applied to articles of manufacture.
The maximum term of protection for an industrial design is 15 years.

Semiconductor Integrated Circuits Layout-Design Act, 2000:

▪ This act protects the layout designs of integrated circuits and grants exclusive rights to the
creators of such designs for ten years.

TYPES OF INTELLECTUAL PROPERTY RIGHTS:

Patents:

➢ Patents protect inventions and provide exclusive rights to the inventor for a specified period
(usually 20 years) to make, use, and sell the invention. Patents cover processes, products, and
methods that are novel, non-obvious, and have industrial applicability.

Trademarks:

➢ Trademarks protect distinctive signs, symbols, names, and logos used to identify goods or
services of a particular business. They prevent others from using similar marks that might cause
confusion among consumers.

Trade Secrets:

➢ Trade secrets protect valuable and confidential business information, such as formulas,
processes, methods, customer lists, and technical know-how. Unlike other forms of IP, trade
secrets are not publicly disclosed and are protected through confidentiality agreements.

Industrial Designs:

➢ Industrial designs protect the visual ornamental aspects of products, such as their shape,
colour, texture, and aesthetics. They prevent unauthorized copying of the appearance of a
product.

Geographical Indications (GI):

➢ GIs protect products that have a specific geographical origin and possess qualities, reputation, or
characteristics that are attributable to that origin. They prevent misrepresentation and protect
traditional knowledge.

Plant Varieties:

➢ Plant variety protection grants exclusive rights to breeders over new plant varieties they
develop. This encourages innovation in agriculture and horticulture.

Sui Generis Systems:

➢ Some countries have established unique systems to protect traditional knowledge, folklore, and
genetic resources of indigenous and local communities.

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LAKSHMEESHA C Mcom NET KSET 6 Ph:9964008827
Assistant Professor Commerce and Management. Email: lakshmeeshac@gmail.com

Genesis and Development of IPR in Aboard:

• International Intellectual Property Protection was created in 19th century.

• The protection of Industrial property was created in Paris convention in 1883.( Patent, Trade
Marks, Industrial Design, three main properties granted to protection)
• India become a member of Paris convention in 1998.
• International Copyright Act was passed in 1886.

ITO:International Trade Organization

o It was thought that GATT Would become part of ITO

o Charter was negotiated in Havana, 1948
o Set out the basic rules for international trade and other international economic matters
o However, the ITO charter submitted was never approved by the US congress
o Ay problem on international trade handled by GATT on that time

GATT: General Agreement on Tariffs and Trade :

✓ The General Agreement on Tariffs and Trade (GATT) was signed by 23 countries in October
1947, after World War II,
✓ GATT came in to force on Jan. 1, 1948.
✓ The purpose of the GATT was to make international trade easier.
✓ The GATT held eight rounds in total, from April 1947 to December 1993, each with significant
achievements and outcomes.
✓ In 1995, the GATT was absorbed into the World Trade Organization (WTO), which extended it.

objectives GATT:

✓ To help raise standards of living;

✓ To achieve full employment;
✓ To develop the world's resources;
✓ To expand production and exchange of goods;
✓ To promote economic development.

United Nations Commission on International Trade Law (UNCITRAL):

▪ Established in: 1966

▪ Headquartered : New York
▪ United Nations Commission on International Trade Law (UNCITRAL) refers to a subsidiary body
of the United Nations General Assembly
▪ UNCITRAL is the core legal body of the U.N,'s system in the field of international Development

WTO: World Trade Organisation:

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❖ Established: 1 January 1995

❖ Location: Geneva, Switzerland
❖ Created by : Uruguay Round negotiations (1986-94)
❖ Under the Marrakesh Agreement.
❖ Membership:164 countries since 2016
❖ Replacing :General Agreement on Tariffs and Trade (GATT), which commenced in 1948.
❖ Aims:WTO deals with regulation of trade between participating countries by providing a
framework for negotiating trade agreements and a dispute resolution process

Objectives of WTO:

▪ To Improving the standard of living of people in the member countries.

▪ To ensure full employment and broad increase in effective demands.
▪ To enlarge production and trade of goods.
▪ To increase the trade of services.
▪ To ensure optimism utilization of world resources.
▪ To protect the environment.
▪ To accept the concept of sustainable development.

Functions of WTO:

✓ Administering WTO trade agreements

✓ Forum for trade negotiations
✓ Handling Trade Dispute
✓ Monitoring national trade policies
✓ Technical assistance and training for developing Countries
✓ Cooperation with other international organizations

WIPO:World Intellectual Property Organization:

➢ It was established by the WIPO convention In 1967

➢ HEADQUATERS: Geneva, Switzerland.
➢ It is the specialized agency of united nations.
➢ It promotes the safeguarding of IP.

Role of WIPO:

✓ Progressive Development and Codification of International IP Law

✓ Globalization of Innovation Knowledge Management, IPRs and Globalization
✓ Human Rights and IPRs Protecting
✓ Traditional Knowledge and IPR Law
✓ National Cultural ldentity, Cultural/Creative
✓ Industries, IPRs and Globalization

WIPO Functions:

➢ Harmonize national intellectual property legislation and procedures

➢ Provide services for international applications for industrial property rights
➢ Exchange intellectual property information

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Assistant Professor Commerce and Management. Email: lakshmeeshac@gmail.com

➢ Provide legal and technical assistance to developing and other countries

➢ Facilitate the resolution of private intellectual property

WIPO and India:

➢ India joined the WIPO in 1975.

India is a part of the following WIPO Treaties:

• IPO Convention (1975)

• Paris Convention (1998)
• Berne Convention (1928)
• Patent Cooperation Treaty (1998)
• Phonograms Convention (1975)
• Nairobi Treaty (1983)
• Nice Agreement (2019)
• Locarno Agreement (2019)
• Vienna Agreement (2019)

Trade-Related Aspects of Intellectual Property Rights (TRIPS):

➢ Established: 1995
➢ Agreement Type: International Agreement under the World Trade Organization (WTO)
➢ Objective: Establish global standards for the protection and enforcement of intellectual
property (IP) rights
➢ Doha Declaration: 2001 declaration affirming the right to use TRIPS flexibilities for public health
concerns

Objectives of Trips:

❖ To encourage and reward creative work.

❖ To protect the investments in the development of technology.
❖ To stimulate and ensure fair competition.
❖ To facilitate transfer of technology in the form of FDI, joint ventures and licensing(Foreign direct
investment).
❖ To achieve the balance of rights and obligations.
❖ To make trade and health policies mutually supportive.
❖ To ensure affordable access to existing drugs.
❖ To contribute to mutual advantage of producers and users of technological knowledge.

Protecting Intellectual property Rights Abroad:

➢ Globalization and rapid technology have elevated importance protection of IPR SMEs (Small and
Medium Enterprises)
➢ Intangible IPR and Worldwide lack of standard practices create challenge for U.S Business to
protect their inventions , Brands, Business Methods.

Three Main IPR are

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Assistant Professor Commerce and Management. Email: lakshmeeshac@gmail.com

• Patents
• Trademark
• Copyright

Transatlantic IPR resources Portal:

✓ It Developed by U.S Department of commerce and European Commission Directorate General

(DB).
✓ This developed Transatlantic IPR resources Portal to make Enterprise and Industry.
✓ It helps for easier Transatlantic SMEs find and use resources both government
✓ This portal Developed by Market Access and Compliance (MAC)
✓ The MAC unit of commerce and International Trade Administration in Collaboration wit DG
enterprises Competitiveness policy Unit

Report IPR Infringement:

✓ National Intellectual property Rights Coordination Centre

✓ Report concerning manufacturer or sale Counterfeit of goods.
✓ The IPR centre is a task force that uses expertise if it’s member agencies share information
develop initiatives and conduct Investigation related IP Theft.

Report Barrier to Protecting your IPR Abroad:

✓ Company IPR adversely effected by foreign IP and enforcement practices you can file complaint.
✓ The complaint electronically with office IPR with in International Trade Administration

Protecting intellectual property rights (IPR) overseas:

✓ The rights granted by a U.S. patent extend only throughout the territory of the United States
and have no effect in a foreign country, an inventor who wishes patent protection in other
countries must apply for a patent
✓ IN each of the other countries or in regional patent offices, Almost every country has its own
patent law,
✓ A person desiring a patent in particular country must make an application for patent in that
country, in accordance with the requirements of that country.
✓ Similarly, local laws apply to trademark, copyrights, and other forms of intellectual property in
each jurisdiction.

IPR Toolkits:

✓ IPR Toolkits provide detailed information about protecting and enforcing intellectual property
rights in specific markets, along with contact information for local IPR offices abroad and U.S.
government officials available to assist you.
✓ The information provided in them by no means constitutes legal advice, and should not be a
substitute for advice of counsel.
✓ Their intended purpose is to provide an overview.
✓ Two of the most recent IPR Toolkits are available below.
✓ Additional toolkits are available at StopFakes.gov, the US. government's one-stop shop for tools
and resources on IPR.

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IP protections in the UK:

✓ U.S. stakeholders have raised questions about the future of IP rights in the United Kingdom once
it leaves the European Union.
✓ Will registrations for trademarks and designs issued by the EU Intellectual Property Office
continue to have effect in the UK.

Protecting your IP overseas

➢ Protecting your IP rights in the UK is fairly straightforward

Trade marks

➢ If you want to protect a trade mark in a foreign country, you should apply to the trade mark
office in each country you want to do business in. There is also a European and international
application system.
➢ The Madrid Protocol allow individuals or businesses from other countries to register their trade
marks using a single international application, which will cover the countries covered by the
Protocol.
➢ The EU trade mark (EUTM) system allows for registration of a trade mark at the European
Intellectual Property Office (EUIPO).

Patents:

➢ A UK patent provides a monopoly over a unique invention or process.

➢ To protect your patent in Europe, you can apply through the European Patent Office (EPO). Your
application will be processed as a single application, but once granted it will become a separate
patent in each country you choose.
➢ This is generally better if you only want protection in a few countries. The World Intellectual
Property Organisation (WIPO) has a directory of all the Intellectual Property Offices
internationally
➢ You can protect your patent in many countries through the Patent Cooperation Treaty (PCT). A
PCT application is processed as a single application and you'll receive an international search
report and written opinion.
➢ You can register your patent with the UK IPO, EUIPO, or directly to the WIPO (which administers
the PCT).

Designs;

➢ As with any IP right, registering your design in the UK does not grant protection abroad. If you
want to register your design in other countries, you can either:
➢ apply for a Registered Community Design (RCD) covering the whole of the EU
➢ If you have an unregistered design right, you may still be able to get protection. For example,
using the Unregistered Community Design right which covers the entire EU.
➢ When you want to protect your design right in EU countries, you should apply for an RCD
through the EUIPO. You can fill in an application form on the EUIPO website.

Copyright:

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➢ Copyright protection works in essentially the same way abroad as it does in the UK. The UK is a
member of several international conventions and treaties including:
➢ The Berne Convention for the Protection of Literary and Artistic Works
➢ The Rome Convention for the Protection of Performers, Producers of Phonograms and
Broadcasting Organisations
➢ The WIPO Performances and Phonograms Treaty (WPPT)
➢ The WIPO Copyright Treaty (WCT)
➢ The World Trade Organisation Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPS)

How do I protect my intellectual property (IP) in a foreign market.

Step 1: Consider your offer (Product or service variations)

Is the offer you are looking to protect a service

• If yes – consider prioritizing trademark, trade secret, and possibly copyright.

• If the technology you are looking to protect is product-based, is it a technical component of a
larger product, or is it an end-user product?
• If it is a technical component, consider prioritizing patent, trade secret & industrial design.
• If it is an end-user product, consider all types of protection, such as branding (trademarks),
packaging (industrial design, trademarks), software (copyright, patent, industrial design), etc.
• If data, software, literature, or other forms of work are part of your business end product or
service, then the copyright and data ownership needs considering so you can understand what
ownership and usage rights are available or if restrictions exist.

Top considerations at this stage:

o Consider all aspects of your product or service and the IP protection that is most valuable.
o Begin considering the geographies where you intend to manufacture or sell (important in
subsequent steps)
o Desired output at this stage: List of IP protection that is relevant for the business

Step 2: Identify your current IP assets and what IP rights offer the most value

• What forms of registered and unregistered IP can you currently rely on (patents, trademarks,
industrial design, copyright, trade secrets)?
• Based on your technology, product, or service offer, what are you looking to protect and is there
a match to your existing IP, or is new IP protection required?
• Based on your business needs, what technology, product, or market are you looking to protect,
and what new IP protection required?
• Considering the IP rights definitions from CIPO and business value by IP type, what IP type(s)
would you like to focus on that best suits your business?
• See the CIPO IP in Canada as a reference guide. Understanding coverage, scope, rights, duration,
and disclosure grace period may vary by jurisdiction.

Top considerations at this stage:

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o Existing registered and unregistered IP (patents, trademarks, industrial design, copyright, trade
secrets) may be considered for expansion to new markets. This may require legal support in the
new jurisdiction to understand rights and options based on existing registrations.
o Consider that any IP strategy (effort and cost) should be supported by a business justification for
expansion into a new market.
o There are multiple types of IP protection available, and a full IP strategy will have unique aspects
that will vary by the combination of IP rights and jurisdiction.
o Desired output(s): List of IP protection that is relevant for the business, updated based on an
understanding of the IP rights, duration, and other business drivers.

Step 3: Consider and define your business needs

• How does IP protection support your overall business plan?

• What value are you looking to gain from your IP investments?
• Pursing IP protection (including pursuing new IP or expanding existing IP) requires investment.
Can you allocate an appropriate budget for IP protection?
• Business planning is essential because patents, trademarks, and industrial designs may be the
most costly form of IP to register and maintain and require investments by jurisdiction.
• The value to protect must be at minimum equal to the effort needed over the life of the
business and IP right.
• Considering the budget you can allocate and the business value you want to generate, does this
change your desired IP rights (or is it appropriate to consider other or multiple overlapping
forms of IP)?

Top considerations at this stage:

o Overall, consider that any effort and cost to deliver an IP strategy should support the business
justification for expansion into a new jurisdiction.
o You may need to allocate a budget for IP costs as part of your expansion budget. Patents and
trademarks will be the most expensive part of the strategy execution, requiring external legal
support in the new jurisdiction. Trade secrets require lower cost but may need an increased
internal review of expansion plans and efforts in order to ensure that protections are
maintained.
o Expanding a business in new markets may require you to rely on others (business partner, joint
venture partner, manufacturers, etc.). Consider not only your IP strategy but how or if your
overall business position, which includes your suppliers and partners, may be protected.
o Desired output(s): Understand the business justifications related to IP effort and cost that are
required to execute on an IP strategy, considering your present and future needs.

Step 4: Understand international needs by jurisdiction

• In which countries do you do business, and what registered and unregistered IP rights do you
already have that can be extended to other countries?
• In what countries do you plan to do business in the future, and do new IP rights need to be
individually secured in those jurisdictions? Will IP rights vary by the work done in that market
(component manufacturing vs sales vs other business aspects)?

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• How will cost and effort factor into expansion plans, and will you be able to allocate additional
resources to protect this investment?

Top considerations at this stage:

o Your business plan and plans to expand into different jurisdictions either for manufacturing,
selling, or other business ventures. Any investment in IP should support the business
justification for expansion into the new jurisdiction.
o While a detailed business strategy for international growth can be set over time, IP rights for
registered rights may need to be secured in advance.
o Depending on the markets you identified for prioritization, there can be unique costs by
jurisdiction to consider.
o Depending on the markets you identified as a priority, consider the IP rights by jurisdiction
based on legal structures and external influences such as registration of rights, enforceability,
and longevity of rights. Do not assume your patent or trademark strategy will apply equally by
jurisdiction.
o Desired output(s): Understand IP options available in the jurisdictions previously identified, and
consider the options for present and/or future business value.

Step 5: Identify sector-specific considerations

• When you look at your top market competitors, what type of IP coverage do these key
competitors have?
• What technology or services are your competitors protecting?
• Considering your technology or service, what IP competitors exist in your space (these may or
may not also be your market competitors)?
• What market intelligence that references IP do you have today that can you draw on?
• What are the internal skillsets and overall landscape budget you have to rely on to build a
custom IP landscape as a foundation of your IP strategy?

Top considerations at this stage:

o It is critical to understand your competitive landscape to ensure you maximize the value of your
IP investment by understanding the specific competitive IP risks and opportunities.
o Your competitor’s approach may be considered as a benchmark for the sector.
o Landscaping is especially critical when considering a patent investment.
o A variety of resources is available to support landscape analysis, with varying degrees of cost
and effort. The cost and effort applied to the landscape analysis will often dictate the depth and
quality of intelligence outputs, which in turn will define how detailed a formal IP strategy can be
developed for your business.
o Desired output(s): Understanding of sector, market, or competitive IP positions that will shape
or influence a client’s strategy.

Step 6: IP analytics & insights

• What budget do you have available for landscaping?

• What amount of time can you dedicate to landscaping?
• What level of expertise do you have available in-house for landscaping?

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• Do the resources (cost, talent) match the output the tool will offer, and if not, what needs
adjusting?

Top considerations at this stage:

o Pick an IP landscaping approach based on budget, need, etc., but recognize IP landscaping
creates the IP market intelligence that is critical for a robust IP strategy.
o For many companies, resources (budget and talent) dictate the depth of work that can be done.
o Consider the tools available and determine the best approach depending on the type and depth
of your IP strategy.
o Consider enlisting a professional to support your landscaping needs.
o Build insights from the analytics you compile that can inform your IP approach and investment.
o Desired output(s): understand which tool or analysis method is best for their business.

Step 7: Consider standard essential patents and IP management standards

• There are IP-related standards that should be considered and can be leveraged as best practices.
• Based on the geography you intend to target, do IP standards exist that must be considered?
• Have you considered IP and Innovation management guidance standards to help discover and
implement best practices in your organization related to Innovation and IP?
• Do you have technical standards that apply to your products (typically reserved for technical
innovations or products), and have you considered if this will trigger any license payment
requirements?

Top considerations at this stage:

o Technical standards may apply to the jurisdiction in question.

o Adherence to some technical standards may result in an organization owing royalties or licence
fees to organizations that own “Standard Essential Patents.”
o IP Management guidance standards can support expansion strategy planning.

Step 8: Planning: Iterate and reflect

• Building an IP strategy is iterative and must be revisited as your business grows and expands
globally.
• The key components of an IP Strategy that we have reviewed are:
• Consider your Product vs Service mix and impact on the optimal IP approach.
• ID your IP Assets and the value IP will provide your organization.
• Consider your business needs.
• Understand the international context.
• Understand sector-specific trends.
• Identify and leverage IP analytics to create business-relevant insights.
• Consider IP standards for best practices, as well as licensing risks and opportunities.

Top considerations for the strategy at this stage:

o Consider any gaps or different information gathering needed.

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o Further, refine and expand the components to ensure the IP strategy does not conflict with the
business strategy.
o Get very clear on the value of IP for your business.
o Consider external support that can be leveraged, including your local jurisdictional experts or
geographic-specific IP intelligence or landscape analysis expertise.
o If the strategy includes patents, be prepared for high cost and high effort to ensure your
investment and filing bring optimal impact.
o Every strategy is different. The key to developing a sound IP strategy is to understand the
considerations to prioritize based on the IP type you will pursue and your business’s realities

Major International Instruments Concerning Intellectual property Rights:

▪ Paris Convention for the Protection of Industrial Property (1967)

▪ Berne Convention for the Protection of Literary and Artistic Works (1971)
▪ International Convention for the Protection of Performers, Producers of Phonograms and
Broadcasting Organizations (the Rome Convention) (1961)
▪ Treaty on Intellectual Property in Respect of Integrated Circuits (1989)

Patents:

➢ Patents granted in different Contracting States for the same invention are independent of each
other: the granting of a patent in one Contracting State does not oblige other Contracting States
to grant a patent; a patent cannot be refused, annulled or terminated in any Contracting State
Each Contracting State that takes legislative measures providing for the grant of compulsory
licenses to prevent the abuses which might result from the exclusive rights conferred by a
patent may do so only under certain conditions.

Marks:

➢ The Paris Convention does not regulate the conditions for the filing and registration of marks
which are determined in each Contracting State by domestic law.

Industrial Designs:

➢ Industrial designs must be protected in each Contracting State, and protection may not be
forfeited on the ground that articles incorporating the design are not manufactured in that
State.

Trade Names:

➢ Protection must be granted to trade names in each Contracting State without there being an
obligation to file or register the names.

Indications of Source:

➢ Measures must be taken by each Contracting State against direct or indirect use of a false
indication of the source of goods or the identity of their producer, manufacturer or trader.

Unfair competition:

➢ Each Contracting State must provide for effective protection against unfair competition.

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Paris Convention 1883:

The Paris convention is for the protection of intellectual Property.

It was signed in Paris, France, on March 20, 1883, was one of the first intellectual property
treaties.

After a diplomatic conference in Paris in 1880, the convention was signed on 20 March 1883 by
11 countries: Belgium, Brazil, France, Guatemala, Italy, the Netherlands, Portugal, El Salvador,
Kingdom of Serbia, Spain and Switzerland. Belgium, Brazil, France, Guatemala, Italy, the
Netherlands, Portugal, El Salvador, Kingdom of Serbia, Spain and Switzerland.

Paris Convention for the Protection of Industrial Property, signed in Paris, France, on 20 March
1883, was one of the first intellectual property treaties.

It was revised at Brussels in 1900, at Washington in 1911, at The Hague in 1925, at London in
1934, at Lisbon in 1958 and at Stockholm in 1967, and it was amended in 1979

The Paris Convention applies to industrial property in the widest sense, including patents,
trademarks, industrial designs, utility models service marks, trade names geographical
indications

It established a Union for the protection of industrial property. The convention is still in force in
2023. The substantive provisions of the Convention fall into three main categories: national
treatment, priority right and common rules.

Convention applies to three basic categories:

National treatment:

➢ The Paris Convention stipulates that each Contracting Nation must treat all nationals from the
Convention’s member states as equal when granting intellectual property protection (Paris
Convention Article 2 and 3). In addition, citizens of non-member states are also entitled to
protection under the Convention provided they have existing industrial or commercial
establishments in a contracting country.

Right of Property:

➢ Regarding patents, trademarks, and industrial designs, the Convention grants the right of
protection based on a first come first served basis (Paris Convention Article 4). Meaning, the first
intellectual property claim filed in a member state takes precedent over future filings made in
other member countries. As such, applicants can apply for intellectual property protection in
any other member state using the date of the first filing. However, the provision is only
applicable within a specified time period. Specifically, 12 months from the first filing for patents
and utility models, and 6 months for industrial designs and trademarks.

Common Rules:

PATENT:

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➢ Patents granted for different member states for the same invention must operate
independently. In fact, whether a patent is granted, canceled, or declined in one country does
not affect the status of that patent in other countries. Also, the provision requires that the
inventor be named in granted patents.

TRADEMARK:

➢ Trademark registration requirements are not regulated by the Paris Convention. Instead, each
member state must determine its own guidelines based on its local laws. Similarly, registered
marks must operate independently without undue influence from other member countries.
Also, member countries cannot refuse to register a mark because the mark is not registered in
its country of origin.

Berne Convention, 1886:

✓ Signed : 9 September 1886

✓ Location :Berne, Switzerland
✓ Parties : 168
✓ Articles: 38
✓ Depositary: Director General of the World Intellectual Property Organization(WIPO)
✓ Languages: Signed in French and English, officially translated in Arabic, German, Italian,
Portuguese and Spanish
✓ It is the most significant international convention in the field of protecting copyright.
✓ Berne Convention for the Protection of Literary and Artistic Works (1886)
✓ The Berne Convention deals with the protection of works and the rights of their authors.

It is based on three basic principles

• Principle of National Treatment

• Principle of Automatic Protection
• Principle of Independence of Protection

Rights Protected under Berne Convention:

✓ Right to translate
✓ Right to make adaptations and arrangement of the works
✓ Right to perform in public dramatic ,dramatic-musical and musical works
✓ Right to recite in public literary works
✓ Right to communicate to the public the performance of such works
✓ Right to broadcast
✓ Right to make reproductions in any manner or form
✓ Right to use the work as a basis for an audio-visual work and right to reproduce, distribute,
perform in public or communicate to the public that audio-visual work

In case of works first published in a country of union:- That Country

➢ In the case of works published simultaneously in several countries of the union which grants
different terms of protection:- That country who grants shortest term of protection

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➢ In case of works published simultaneously in a country outside union and in a country of the
Union:- The country of the Union

For unpublished works or works first published in a non-signatory country :- the country of union of
which the author is national

• Right to claim authorship of the work

• Right to object to any : i. Mutilation ii. Deformation iii. Modification iv. Other derogatory action
in relation to work which would be prejudicial to the author’s honour or reputation.

General Rule:

• Author’s lifetime + 50 years

• In case of anonymous or pseudonymous work : 50 years from the publication
• In case of cinematographic work: 50 years from release or creation of work (if not released)
• In case of works of applied art and photographic works : 25 years from the creation of such work

Universal Copyright Convention, 1952:

▪ The UCC was developed by UNESCO in 1952, adopted at Geneva, Switzerland, and came into
force in 1955.
▪ It was developed as an alternative to the Berne Convention for those states that disagreed with
aspects of the Berne Convention but still wished to participate in some form of multilateral
copyright protection.
▪ Universal Copyright Convention (UCC) is an international instrument which was drawn up in
1952 under the auspices of UNESCO.

The UCC was adopted in Geneva, Switzerland, in 1952, and enforced in 1955, is one of the two principal

• International conventions protecting copyright

• Berne Convention

Purpose of the UCC:

▪ Ensure that more countries are part of the international copyright community
▪ More flexible and easier to comply with compared to the Berne Convention
▪ Ease in compliance for developing countries.

Features of the UCC

National Treatment:

➢ The UCC follows the principle of national treatment as opposed to automatic protection. This
essentially means that the contracting countries do not have to give foreign work automatic
protection if the national provisions are not being complied with.

The term of the Work:

➢ The UCC gives protection for original literary, artistic and scientific works. A copyright notice is
to be placed alongside the work to give reasonable notice of the copyright claim. Under the

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provisions of the UCC, a work is protected for a period of the lifetime of the author and 25 years
after the death of the author.

Minimum Rights:

➢ Under the provisions of the UCC, the contracting countries have to provide a set of ‘minimum
rights’ to the rightful owner of the work, as long as they do not create a conflict with ‘the spirit’
of the convention

WIPO Convention, 1967:

The WIPO Convention, the constituent instrument of the World Intellectual Property Organization
(WIPO), was signed at Stockholm on July 14, 1967, entered into force in 1970 and was amended in 1979.

WIPO is an intergovernmental organization which in 1974 became one of the specialized agencies of the
United Nations system.

WIPO Function:

• To integrate national laws and procedures related to intellectual property.

• To provide an international registration service for the industrial property.
• To exchange information about intellectual property.
• To provide legal and technical assistance to developing countries and others.
• To assist during the settlement of disputes related to o intellectual properties Among
individuals.
• To keep a check on the use of information technology as an instrument for access exploit
valuable information about intellectual property.

According to the Convention held at Stockholm on 14th July 1967 and Article 2(viii) of convention
following rights are included in Intellectual Property Rights:

▪ Literary, artistic and scientific works:

▪ Performances of performing artists, phonograms and broadcasts,
▪ Inventions in all fields of Hunan behavior
▪ Scientific discoveries
▪ Industrial designs
▪ Trademarks
▪ Service marks
▪ Commercial names and designations
▪ Protection against unfair competition

Patent Co-operation Treaty, 1970:

The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970.

It provides a unified procedure for filing patent applications to protect inventions in each of its
contracting states.

A patent application filed under the PCT is called an international application, or PCT application.

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It is an international treaty with more than 150 Contracting States.

It makes it possible to seek patent protection for an invention simultaneously in each of a large
number of countries by filing an international patent application.

Such an application may be filed by anyone who is a national or resident of a PCT Contracting
State.

It may generally be filed with the national patent office of the Contracting State or at the
applicant's option, with the International Bureau of WIPO in Geneva.

The granting of patents remains under the control of the national or regional patent Offices in
what is called the national phase.

PCT is used by:

✓ World’s major corporations, research institutions and universities when they seek international
patent protection.
✓ Small and medium sized enterprises (SMEs) and individual inventors.
✓ Features of Patent Cooperation Treaty (PCT) system

Features:

o It is a formal examination carried out by one office itself.

o The retrieval process is also carried out by one office that overlooks everything associated with
the filing process.
o The international publication is done by one office that is responsible for the advertisement of
the PCT as well.
o The examination and authorization is finished by the national office itself before moving on to
the international phase.
o It is a single application with legal effect in all PCT countries.
o There are a total of 148 countries and 4 regional patent systems in the PCT.

TRIPS Agreement, 1994 :

Full Form: Trade-Related Aspects of Intellectual Property Rights (TRIPS)

Established: 1995

Agreement Type: International Agreement under the World Trade Organization (WTO)

Objective: Establish global standards for the protection and enforcement of intellectual property
(IP) rights

Doha Declaration: 2001 declaration affirming the right to use TRIPS flexibilities for public health
concerns

▪ TRIPS establishes minimum standards for the availability, scope, and use of seven forms of
intellectual property namely, trademarks, copyrights, geographical indications, patents,
industrial designs, layout designs for integrated circuits, and undisclosed information or trade
secrets.

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▪ It applies basic international trade principles regarding intellectual property to member states.
▪ It is applicable to all WTO members.
▪ TRIPS Agreement lays down the permissible exceptions and limitations for balancing the
interests of intellectual property with the interests of public health and economic development.
▪ TRIPS is the most comprehensive international agreement on IP and it has a major role in
enabling trade in creativity and knowledge, in resolving trade disputes over intellectual
property, and in assuring WTO members the latitude to achieve their domestic policy objectives.
▪ It frames the IP system in terms of innovation, technology transfer and public welfare.
▪ The TRIPS Council is responsible for administering and monitoring the operation of the TRIPS
Agreement.
▪ TRIPS was negotiated during the Uruguay Round of the General Agreement on Tariffs and Trade
(GATT) in 1986-1994.
▪ The TRIPS Agreement is also described as a "Berne and Paris-plus" Agreement.

The whole TRIPS Agreement is further divided into seven parts which contain the complex provisions
regarding intellectual property:

Part I- General Provisions and Basic Principles (Article 1 to Article 8)

Part II- This part covers the requirements for the availability, scope, and application of
intellectual property rights. (Article 9 to Article 40)

Part III- The enforcement of IPRs is the focus of this part. (Article 41 to Article 61)

Part IV: This part covers the procedures for obtaining and maintaining intellectual property
rights. (Article 62)

Part V: This part deals with the prevention and resolution of conflicts resulting from the
provisions of the Agreement. (Article 63 to Article 64)

Part VI: This part is about transitional agreements. (Article 65 to Article 67)

Part VII: This part of the Agreement deals with a variety of institutional arrangements. (Article
68 to Article 73)

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Module 2: Registration & Laws of IPR:

Meaning and Practical aspects of registration of IPRs in India and Abroad: Registration Process in India,
Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM), National IPR Policy –
Features. Laws of IPR: Patents Act, 1970, Trade Mark Act, 1999, The Designs Act, 2000, The Geographical
Indications of Goods (Registration and Protection) Act, 1999, Copyright Act, 1957, The Protection of
Plant Varieties and Farmers’ Rights Act, 2001, The Semi-Conductor Integrated Circuits Layout Design Act,
2000, Aesthetic Values and Trade Secrets, Utility Models and others. Personal Data Protection Bill 2019.
Career Opportunities in IPR.

Meaning and Practical aspects of registration of IPRs in India and Abroad:

TYPES OF IPR:

Patent:

• Meaning: A Patent is granted for Invention which is a new product or process.

• Law: Patents Act, 1970, amended in 2006
• Ministry: DPIlT, Ministry of Commerce and industry
• Period: 20 Years

Trademark:

• Meaning: A trademark is typically a name, word, phrase, logo, symbol, design, image, or a
combination of these elements.
• Law: Trademark Act 1999
• Ministry: DPIIT, Department for Promotion of Industry and International Trade Ministry of
Commerce and industry
• Period: 10 Years

Geographical Indication:

• Meaning: A geographical indication (GI) is a sign used on products that have a specific
geographical origin and possess qualities or a reputation that are due to that origin.
• Law: Geographical indications of Goods (Registration and Protection Act), 1999
• Ministry: DPIT, Ministry of Commerce and industry
• Period: 10 Years

Copyright:

• Meaning: Copyright is a bundle of rights given by the law to the creators of literary, dramatic,
musical and artistic works and the producers of cinematograph films and sound recordings.
• Law: Copyrights Act 1957, amended in 2012
• Ministry: Copyright Office, MHRD
• Period: 60 Years

Designs:

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• Meaning: ‘An industrial design may consist of three dimensional features, such as the shape of
an article, or two dimensional features, such as patterns, lines or colour.'
• Law: Designs Act, 2000
• Ministry: DPIIT, Ministry of Commerce and industry
• Period: Initially the Copyright in Design is registered for 10 years, which can further be extended
by 5 years on making an application for renewal.

Plant Variety Protection:

• Meaning: It refers to the protection granted for plant varieties. These rights are given to the
farmers and plant breeders to encourage the development of new varieties of plants.
• Law: Protection of Plant varieties and farmers' right Act, 2001
• Ministry: Department of Agriculture and Cooperation, Ministry of Agriculture
• Period: The period of protection for field crops is 15 years and for trees and vines is 18 years and
for notified varieties it is 15 years from the date of notification

Semiconductor and layouts:

• Meaning: It means a layout of transistors and other circuitry elements and expressed in any
manner in semiconductor integrated circuits.
• Law : Semi- conductors and Integrated Layouts design act, 2000
• Ministry: Department of electronics and IT, Ministry of Communication, and IT.
• Period: 10 years.

IP Registration Process in India:

Patents:

Law: Patents Act, 1970; Patents (Amendment) Act, 2005; Patents Rules, 2003; Patent
(Amendment) Rules, 2020

Relevant Ministry: Office of the Controller General of Patents, Designs and Trade Marks (Indian
Patent Office), Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of
Commerce and industry

Meaning: A patent is a legal right that confers monopoly to a person for their invention.

It must be a new product or a process that did not previously exist

It must offer a new technical improvement as simple changes to a previously known technique
cannot be patented

The proposed invention must be useful

Once a product or process is patented, it cannot be commercially produced, distributed, used,

or sold without the consent of the patent owner.

Patent registration procedure:

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1. Patentability search: The patentability search is the first step in the patent registration process.
The uniqueness, ingenuity, industrial applicability, and enablement of the invention are
evaluated through a patentable search.
2. Drafting the patent application: If an invention is found to be patentable following a search, the
applicant must write a patent application that details the invention. The first step after drafting
a patent application is to file the patent application.
3. Filing a patent application: The next step is filing the patent application. Applications must
include the invention’s specifications as well as any other necessary or pertinent information. To
obtain a patent registration for their innovation, an applicant may submit both a provisional and
a full application.
4. Publication of application: The Indian patent Office (IPO) publishes the application in the official
patent journal, making it available in the public domain after 18 months from the date of filing
or priority. An early publication request is possible.
5. Examination of application: After publication, the patent office examines the application. Unlike
publication, examination doesn’t occur automatically upon filing.
6. Objection by the Examiner: The Examiner scrutinizes the application and issues a report stating
all objections related to the application, based on the information mentioned in the application.
7. Office action response: The applicant must respond to the Examiner’s objections to receive a
patent grant. They have a maximum of six months from the first examination report’s issuing
date to respond. The duration can be extended by three months with a request to the IPO.
8. Grant of patent registration: Once the application addresses all the objections raised by the
Examiner, the patent office grants the patent registration and publishes it in the patent gazette.

Documents required for patent registration in India:

✓ Form 1: Application for grant of patent Identity proof of the inventor and assignee Address
proof of the inventor and assignee. Contact details:Information corresponding to prior patent
applications relating to the current invention, which the applicant or any authorized entity has
filed Some declarations, among other information.
✓ Form 2: Provisional/complete specification Form 2 is used to furnish the applicant’s patent
specification. It may be provisional or a complete patent specification, depending on the type of
patent application being filed.
✓ Form 3:Statement and undertaking under Section 8 Particulars of assignments
✓ Form 5: Declaration as to inventorship This application is used to declare the inventor(s) of the
current patent application. Technical information, Background of the invention ,Disclosure of
need of invention ,Summary of the invention, Description of how the invention works
✓ Form 9: Request for Publication. This is optional if the express publication is required.
✓ Form 18: Request for Examination
✓ Form 19 :Request for Early Publication
✓ Form 26: Disclosure of Power of Authority (If assigned to the Patent Agent)

Trademarks:

Law: Trademark Act, 1999; The Trade Marks (Amendment) Act, 2010; Trade Marks Rules, 2003;
Trade Marks Rules, 2017

Relevant Ministry: DPIIT, Ministry of Commerce and Industry

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Meaning: The company’s trademark protects its distinctive sign or indicator. This may be a
symbol, logo, word, phrase, name, sound, design or an image that symbolizes the brand value or
goodwill associated with the business or its product and services.

Trademark registration procedure:

1. Filing trademark application: The first and foremost step is to file the prescribed application at
the Trademark Registry India. The applicant can also file the application online. After filing the
said application, an acknowledgement receipt is generated by the official portal for future
reference.
2. Verification of application and documents: After filing an application with India’s Trademark
Registry, the scrutiny process begins and is conducted by a designated official known as an
Examiner. The verification process can take around 12-18 months. After inspection, the
Examiner may accept the mark unconditionally, conditionally, or object to it.
3. Publication of trademark in trademark journal: The publication of the mark in the trademark
journal enables the authority to invite objections from third parties if no objections are raised
within the specified time frame. The authority can provide approval for the next step. On the
contrary, if the mark somehow attracts some objections, the authority would conduct a fair
hearing.
4. Grant of trademark registration by registrar: The applicant is subsequently presented with a
registration certificate by the registrar, which has a ten-year validity period. The trademark
office seal must be included by the registrar on the certificate.

Documents required for trademark registration in India:

✓ Applicant’s identity proof

✓ PAN
✓ Aadhar card
✓ Passport
✓ Certificate of Incorporation (COI), in case of companies registered under Company Act, 2013
✓ Logo if it is applicable and available
✓ Address proof

Copyrights:

Law: Copyrights Act 1957; The Copyright (Amendment) Act, 2012; Copyright (Amendment) Rules, 2021

Relevant Ministry: Copyright Office, Ministry of Human Resource Development

Meaning: Copyright is a bundle of rights given by the law to the creators of literary, dramatic, musical
and artistic works and the producers of cinematograph films and sound recordings.

Types of works eligible for copyright registration:

• Artistic works
• Producers of cinematograph films
• Music voice recordings
• Literary works
• Musical works, including any accompanying words

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• Dramatic works, including any accompanying music

• Pantomimes (drama) and choreographic works
• Pictorial, graphic, and sculptural works
• Motion pictures and other audio-visual works
• Sound recordings

Registration procedure for filing the copyright registration:

1. Create a user ID and password : at the official site, copyright.gov.in.

2. File application form: An applicant can apply either manually in the copyright office or through
an e-filing facility available on the official website. Here, the applicant can be the author of the
work, the owner of an exclusive right to the work, or an authorized agent.
3. Examination of application: After the application is filed, the next step is the examination of the
copyright application. A minimum waiting period of 30 days is provided for the copyright
Examiner to review the application once the diary number is issued. The copyright registration
process is then divided into two segments:
4. Objections raised: If an objection is raised by someone against the applicant, a letter is sent to
both parties, and they are called for a hearing by the registrar. If the objection is rejected upon
hearing, the applicant can ask for scrutiny, and the discrepancy procedure is followed.
5. No objections raised: If no objections are raised, the Examiner reviews and scrutinizes the
application for any disparities. If no discrepancies arise and all necessary documents are
provided, the applicant can proceed to the next step. However, if inconsistencies are found, a
letter of discrepancy is sent to the applicant. The applicant must reply, and a hearing is
conducted by the registrar. Once the difference is resolved, the applicant can move on to the
next step. If the difference cannot be resolved, the application is rejected, and a rejection letter
is sent to the applicant.
6. Issuance of registration certificate: The certificate of copyright registration is issued at the final
stage. The Registrar could ask for more details or documents at this point. The information
regarding the copyright application will be recorded in the register of copyrights, and a
certificate of registration will be granted, if the Registrar is fully satisfied with the application
made by the applicant.

Documents required for copyright registration in India:

Basic documents:

✓ Particulars of the applicant (ID and Address proof of the applicant along with the nationality).
✓ Name, address, and nationality of the author of the work.
✓ Disclosure of the applicant’s interest in the copyright – whether they are the author of the work
or the representative of the author.

Copies of the original work.

✓ In case for business purpose – incorporation certificate is required.

✓ Details of the nature of the work.
✓ Class, title and description of the work.

Language of the work:

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✓ Date of publication – Publication in internal magazines or a research paper submitted to a

professor does not count as publication.

Artistic work:

✓ Two copies of the work.

✓ Demand draft of INR (as applicable) according to artistic work.
✓ Author’s No Objection Certificate (NOC) if the applicant is different from the author.
✓ Publisher’s NOC if the work published and publisher is different from the applicant.
✓ Search certificate from Trade Mark Office in TM-60 if the work is being used on goods or items
capable of being used on the goods.
✓ NOC from the individual whose photograph appears on the work.
✓ When filing an application by an attorney, an original copy of a “Power of Attorney” signed by
the applicant and also accepted by the attorney.

Cinematograph film:

✓ Two copies of the work.

✓ Demand draft of INR (as applicable) according to cinematographic work.
✓ NOC from different copyright holders or copy of the agreement (deed of assignment).
✓ NOC from the publisher if the work published and publisher is different from the applicant.
✓ When filing an application through an attorney, an original copy of a “Power of Attorney” signed
by the applicant & also accepted by the attorney.

Music:

✓ Two copies of the work (graphical notes).

✓ Demand draft of INR (as applicable) according to work.
✓ NOC from the publisher if the work published and publisher is different from the applicant.
✓ Author’s NOC if the applicant is other than the author.
✓ When filing an application by an attorney, an original copy of a “Power of Attorney” duly signed
by the applicant & also accepted by the attorney.

Software:

✓ Two copies of the work (graphical notes).

✓ Demand draft of INR (as applicable) according to work.
✓ NOC from the publisher if the work published and publisher is different from the applicant.
✓ Author’s NOC if the applicant is other than the author.
✓ When filing an application through an attorney, an original copy of a “Power of Attorney” signed
by the applicant & also accepted by the attorney.
✓ The source code and the object code of the work for due verification.

Industrial designs:

Law: Designs Act, 2000; Designs Rules, 2001; The Designs (Amendment), Rules, 2021

Relevant Ministry: DPIIT, Ministry of Commerce and industry

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Meaning: A design refers to the distinctive visual characteristics of an article, such as its shape,
figure, blueprints, decorations, or arrangement of lines and colours, or a combination of these,
created through any manufacturing method, whether manual, mechanical, automated,
chemical, or a combination thereof, in either two-dimensional or three-dimensional form.

Industrial design registration procedure:

1. Examination: The Controller of Designs refers the application to an Examiner of Designs who
checks if the application and documents meet formal requirements and if the design is
registrable under the Designs Act and Rules.
2. Formality check: The Examiner ensures that the application is in the prescribed format, fee is
paid, applicant’s details are provided, and declaration of proprietorship is given. The
representation sheet is checked to ensure it complies with Rule 14, and a power of authority is
filed if applicable.
3. Substantive examination: The Examiner checks if the design is new, original, and not prejudicial
to public order, morality, or security of India.
4. Consideration of Examiner’s report: If the design is eligible for registration, the Controller
registers it and issues a certificate. If objections arise, the applicant is informed, and a statement
of objections is communicated. The applicant must comply with the objections or apply for a
hearing within three months. If the applicant fails to comply, the application is deemed
withdrawn.
5. Design registration and publication: Registered designs are published in the Patent Office
Journal within one month of registration, and the registration number is the same as the
application number.
6. Register of Designs: All registered designs are entered in the Register of Designs maintained at
the Patent Office in Kolkata, which is available for public inspection. An e-register is also
available on the IPO official portal.

Documents required for design registration in India:

✓ To file a design application, certain documents and forms need to be prepared and submitted as
per the Design Rules. These include:
✓ Form 1, which should be filled out in the prescribed format as mentioned in Schedule II of the
Designs Rules.
✓ Representations must be prepared in accordance with Rules 12, 13, and 14 of the Design Rules
and submitted in duplicate.
✓ If the application is filed through a patent agent or an advocate, Form 21, the Power of
Authority/General Power of Authority (GPA), should be submitted in the original. This form is
also mentioned in Schedule II.
✓ If a copy of the GPA is filed, it should be endorsed with the design application number with
which the original GPA was filed.
✓ Form 24 in the prescribed format should be submitted if the applicant is claiming small entity
status, as mentioned in Schedule-II of the Designs Rules. If the applicant is an Indian entity,
evidence of registration under the MSME Act, 2006, should also be provided. In the case of
foreign entities, an affidavit should be deposed by the applicant or an authorized signatory as
per Rule 42 of the Designs Rules.

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✓ The original Priority document should be submitted under Rule 15 of the Designs Rules.
✓ An authenticated English-translated copy of the priority document should be submitted if the
original priority document

Geographical indications (GI):

Law: The Geographical Indications of Goods (Registration and protection) Act, 1999; The
Geographical Indications of Goods (Registration and Protection) (Amendment) Rules, 2020

Relevant Ministry: DPIIT, Ministry of Commerce and industry

Meaning :A geographical indication (GI) is a tag used on products based on their geographical
uniqueness. The uniqueness of a product is defined either by its origin, process, or availability.
GI tags usually help businesses enhance their marketability.

GI registration procedure in India:

1. To register a geographical indication in India, the following steps need to be taken:

2. Conduct a search to confirm that the proposed geographical indication is not already registered
or pending registration.
3. Prepare the application for registration of the geographical indication in the prescribed form,
along with the required documents.
4. File the application with the Geographical Indications Registry, along with the prescribed fee.
5. The Geographical Indications Registry examines the application to ensure that it meets the
eligibility criteria and prerequisites for registration.
6. If the application is accepted, the geographical indication is published in the Geographical
Indications Journal.
7. Any individual may oppose the registration of the geographical indication within three months
of its publication in the Geographical Indications Journal.
8. If there is no opposition or the opposition is dismissed, the geographical indication is registered,
and the registered proprietor has the right to use the registered GI tag on the product.
9. The registration of a geographical indication is valid for a period of 10 years. It can be renewed
for another 10 years at any time.

Documents are required for the registration of a geographical indication in India:

✓ Application for registration in the prescribed form.

✓ Statement of case.
✓ Details of the product, including its unique features, method of production, and the link
between the product and its geographical origin.
✓ Evidence to establish the link between the product and its geographical origin, such as maps,
photographs, and historical records.
✓ Authorization letter, if the application is filed by an agent.
✓ Power of attorney, if the application is filed by a legal representative.
✓ If applicable, a certified copy of the priority document.

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INDIAN PATENT OFFICE:

Controller General of Patents, Designs & Trade Marks (CGPDTM):

The Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) generally
known as the “Indian Patent Office”

It is an agency under the Department for Promotion of Industry and Internal Trade which
administers the Indian law of Patents, Designs and Trade Marks

Jurisdiction: Government of India

Headquarters: Mumbai, India

Parent department: Department for Promotion of Industry and Internal Trade

Foundation:

➢ On 28 February 1856, the Government of India promulgated legislation to grant what was then
termed as "exclusive privileges for the encouragement of inventions of new manufactures".
On 3 March 1856,

Amendments to the Patents Act & Rules:

Amendments (in 1999, 2002, 2005) were necessitated by India's obligations under TRIPS,
allowing product patents in drugs and chemicals.

A pre-grant representation in addition to the existing post-grant opposition has been re-
introduced.

A provision of later amendments was on software patent-ability, which was later withdrawn in
another amendment in 2005.

The amendment in 2012 focused on change in marks of Patent Agent Examination.

Indian Patent Rules were amended in 2003, 2005, 2006, 2012, 2013, 2014, 2016, 2018, 2019 and
2020.

The 2006 amendment of rules introduced reduced time lines and a fee structure based on
specification size and number of claims, in addition to a basic fee.

Indian Patent amendment rules 2012 was for amendments in criteria for patent agent exam
qualification.

Gazette Notification of Patent (Amendments) Rules 2013 has made necessary provisions for
recognising Patent office as Examining authority and Searching authority on international level
for filing, searching and examination of patent along with necessary fees.

Patent amendment rules 2014 introduced a third category of applicant for small entities and
revised the basic fee for filing a patent application.

Patent amendment rule 2016 implemented on 16 May 2016, and introduced such as electronic
communication to applicant/agent, and applicant can withdrawn their application using Form-

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29, and majorly introduced for the expedited examination for start-up companies, and the
timeline to put the grant of applicant has been reduced from 12 months to 6 months.

Patent amendment rules 2019 introduced a patent agent shall submit all documents only by
electronic transmission duly authenticated. Further, fee reductions for small entity, and fast
track examination for specific applicants including female were introduced in 2019.

Patent administration:

➢ CGPDTM administers the following statutes –

➢ Patents Act, 1970, Head Office: Delhi,
➢ Trade Marks Act, 1999 (Head Office: Mumbai),
➢ Designs Act, 2000 (Head Office: Kolkata),
➢ Copyright Act, 1957, Registry at Delhi,
➢ Geographical Indications of Goods (Registration and Protection) Act, 1999, Registry at Chennai,
➢ Semiconductor Integrated Circuits Layout-Design Act, 2000, Office at Delhi.

The CGPDTM reports to the Department for Promotion of Industry and Internal Trade (DPIIT) under the
Ministry of Commerce and Industry and has five main administrative sections:

• Patent Office
• Designs Registry
• Trademarks Registry
• Geographical indications Registry
• Rajiv Gandhi National Institute of Intellectual Property Management (NIIPM)

Patent Information System:

The patent office is headquartered at Kolkata with branches in Chennai, New Delhi and
Mumbai, but the office of the CGPDTM is in Mumbai.

The office of the Patent Information System and National Institute for Intellectual Property
Management is at Nagpur.

The Controller General (CG), who supervises the administration of the Patents Act, the Designs
Act, and the Trade Marks Act, also advises the Government on matters relating to these
subjects.

The Indian Patent Office has 667 Group A Gazetted officers, out of which 526 Patent Examiners,
97 Assistant Controllers, 42 Deputy Controllers, 1 Joint Controller, and 1 Senior Joint Controller,
all of whom operate from four branches. Officer' Cadre of Indian Patent Office :

1. Controller General Of Patents & Design ( equivalent to Secretary to Government Of India/

Payband Level 15)

2. Senior Joint Controller Of Patents & Design ( equivalent to Additional Secretary to

Government of India/ Payband Level 14)

3. Joint Controller Of Patents & Design ( equivalent to Senior Joint Secretary to Government of
India/ Payband Level 13)

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4. Deputy Controller of Patents & Design ( equivalent to Joint Secretary to Government Of

India/ Payband Level 12)

5. Assistant Controller of Patents & Design (equivalent to Deputy Secretary to Government of

India/ Payband Level 11)

6. Examiner Of Patents & Design ( equivalent to Under Secretary to Government of India/

Payband Level 10)

Patent duration:

Term of every patent in India is 20 years from the date of filing of patent application,
irrespective of whether it is filed with provisional or complete specification.

However, in case of applications filed under PCT the term of 20 years begins from the
International filing date accorded under PCT.(Patent Cooperation Treaty)

Since the rights granted by an Indian Patent Office extends only throughout the territory of the
India

In ceases to have effect in a foreign country, an inventor who wishes patent protection in
another country must apply for a patent in a specific country (according to its law) .

Patent Renewal and Restoration of Lapsed Patent:

In order to keep the patent rights for the entire period, India's Patent Act has made it
mandatory for the patent holders to pay a renewal fee.

Once the patent is granted the patentee does not need to pay a renewal or maintenance fee
for the first two years.

The first renewal fee will be payable from the third year onwards.

The patentee is also given a choice to pay whole fees at a time or they can pay it every year.

If in case the patent is not renewed by the company or individual, the patent ceases to exist and
will be moved to the public domain.

Once the subject matter that has been patented enters the public domain it is no longer
protected and can be used by anyone without facing any suit or consequences of patent
infringement.

Restoration of a lapsed patent is relatively time taking and a complex procedure.

According to Section 60 of The Patents Act, 1970, an application for the restoration of the
patent can be made by the patentee or their legal representative and the petition should be
applied to the controller at the Indian Patent Office (IPO) within eighteen months from the
date at which the patent ceases to have an effect.

Geographical Indications:

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India, as a member of the World Trade Organization (WTO), enacted the Geographical
Indications of Goods (Registration & Protection) Act, 1999 has come into force with effect from
15 September 2003.

GIs have been defined under Article 22(1) of the WTO Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS) Agreement as: "Indications which identify a good as
originating in the territory of a member, or a region or a locality in that territory, where a given
quality, reputation or characteristic of the good is essentially attributable to its geographic
origin."

Modernisation:

The Indian Patent Office has implemented a modernisation program according to an Indian govt
website.

according to this website "Efforts have been made to improve the working of the Patent Offices
within the resources available and that the problem of backlog is also being attacked through
50% higher monthly target for disposal of patent applications per Examiner".

E- Filing of Patents & Trademarks is made possible and according to an Indian Minister the first
phase of the modernisation comes to an end and the Indian Patent office wishes to be an
International search Authority.

The second phase of modernisation has been proposed with the aim of achieving US patent
examination efficiency among others.

National IPR Policy:

The Department for Promotion of Industry and Internal Trade (DPIIT) under the Ministry of
Commerce adopted the National Intellectual Property Rights (IPR) Policy in 2016.

The main goal of the policy is "Creative India; Innovative India".

The policy covers all forms of IP, seeks to create synergies between them and other agencies,
and sets up an institutional mechanism for implementation and review.

DPIIT is the nodal department for IPR development in India and the Cell for IPR Promotion &
Management (CIPAM) under DPIIT is the single point of reference for implementing the policy.

India's IPR regime complies with World Trade Organisation's (WTO) agreement on Trade
Related Aspects of Intellectual Property (TRIPS).

Creative India, Innovative India’ is the tagline of the policy. This is to incentivize
entrepreneurship, creativity and innovation and curb manufacturing and sale of counterfeits. It
promotes an India where

creativity and innovation are stimulated by Intellectual Property for the benefit of everyone;

intellectual-property promotes advancement in S&T, arts and culture, traditional knowledge

and biodiversity resources;

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knowledge is the main driver of development, and knowledge owned is transformed into
knowledge shared.

It sets in place an institutional mechanism for implementation, monitoring and review. It aims to
incorporate and adapt global best practices to the Indian scenario.

Department of Industrial Policy & Promotion (DIPP), Ministry of Commerce, Government of

India, has been appointed as the nodal department to coordinate, guide and oversee the
implementation and future development of IPRs in India. Know in detail about Department for
Promotion of Industry and Internal Trade (DPIIT) on the linked page.

India’s IPR regime is in compliance with the WTO’s agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS).

The ‘Cell for IPR Promotion & Management (CIPAM)’, setup under the aegis of DIPP, is to be the
single point of reference for the implementation of the objectives of the National IPR Policy.

Objective of IPR Policy:

✓ IPR, awareness, outreach, and promotion – awareness about the economic, social and cultural
benefits of IPRs among the society.
✓ Create an atmosphere of inevitability and innovation – stimulate the generation of IPRs
✓ Replace existing outdated laws – have strong and effective IPR laws, which balance the
interests of rights owners with larger public interest
✓ Human Capital Development for teaching, research and skill building in Intellectual Property
Rights – strengthen and expand human resources, institutions and capacities.
✓ Administration and management of innovation – modernize and strengthen service-oriented
IPR administration
✓ Commercialization of IPRs – Get value for IPRs through commercialization
✓ To combating IPR infringements by reinforcing the enforcement and adjudicatory mechanisms

Need for an IPR Policy:

• The policy is important for the government to formulate incentives in the form of tax
concessions which in turn will encourage research and development.
• The policy comes in the backdrop of the US Trade Representative (USTR), in its annual (2016
edition) Special 301 Report (on the Global State of IPR Protection and Enforcement) retaining
India on the ‘Priority Watch List’.
• To maintain the sanctity of innovations so that the litigations in this domain are minimised.
• It will help in protecting the traditional knowledge of India.
• It will help in strengthening the Make In India, Start-up and Digital India schemes.

Features:

▪ It aims to realise IPR’s as a marketable financial asset, promote innovation and

entrepreneurship while protecting the public interest.
▪ Every five years policy will be reviewed
▪ The policy is in consonance with the WTO’s agreement on TRIPS.

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▪ Special focus on awareness generation and effective enforcement of IPRs, also the
encouragement of IP commercialization through incentives.
▪ India will engage in the negotiation of international treaties and agreements in consultation
with stakeholders.
▪ It recommends making the Department of Industrial Policy and Promotion (DIPP) the nodal
agency for all IPR issues. Copyrights related issues will also come under DIPP.
▪ Includes a of trademark offices to reduce the time taken for examination and registration to
just a month by 2017.
▪ Things like Films, music, industrial drawings will also be all covered by copyright.
▪ It seeks to facilitate domestic IPR filings, for the entire value chain from IPR generation to
commercialization.
▪ It aims to promote research and development through tax benefits.
▪ To encourage start-ups, there is a proposal to create an effective loan guarantee scheme.
▪ The policy allows legislative flexibilities to GOI in the international treaties and TRIPS
agreement like using provisions such as Section 3(d) and compulsory licensing (CLs) for ensuring
the availability of essential and life-saving drugs at affordable prices.
▪ The government will examine accession to some multilateral treaties which are in India’s
interest; and, become a signatory to those treaties which India has de facto implemented to
enable it to participate in their decision-making process.

Achievements under new IPR policy:

• Improvement in GII Ranking: India’s rank in the Global Innovation Index (GII) issued by WIPO
has improved from 81st in 2015 to 48th place in 2020.
• Increase in Patent and trademark Filings: Patent filings have increased by nearly 7% in the first
8 months of 2018-19 vis-à-vis the corresponding period of 2017-18. Trademark filings have
increased by nearly 28% in this duration.
• Strengthening of institutional mechanism regarding IP protection and promotion.
• Clearing Backlog/ Reducing Pendency in IP applications: Augmentation of technical manpower
by the government, has resulted in a drastic reduction in pendency in IP applications.
• Automatic issuance of electronically generated patent and trademark certificates has also
been introduced.
• IP Process Re-engineering Patent Rules, 2003 have been amended to streamline processes and
make them more user friendly. Revamped Trade Marks Rules have been notified in 2017.
• Creating IPR Awareness: IPR Awareness programs have been conducted in academic
institutions, including rural schools through satellite communication, and for industry, police,
customs and judiciary.
• Technology and Innovation Support Centres (TISCs): In conjunction with WIPO, TISCs have been
established in various institutions across different states.

Laws of IPR:
Patents Act, 1970:

• Patents and Designs Act 1883

• The Patent Law of 1856

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• Protection of Inventions Act 1888

• The Patent and Designs Act, 1911.
• Inventions and Designs Act 1911- 1947
• Modern patent era by Patents and Designs Act. First time an authority call Controller General of
Patents appointed 1959 Justice Ayyangar’s report 1967
• Patent Act bill introduced in the Parliament 1970
• The Patents Act passed by the parliament 1972
• The Patents Act, 1970 and Rules 1972
• The Patent amendment act 2005
• The Patents Act-1970 came into force on April 20, 1972 1994 Amendment by ordinance to
include Exclusive Marketing Rights (EMR’s) 1999 Amendment passed by the parliament.
• New patent amendment bill referred to select committee 2003 2005 Patents Act 1970
• second amendment comes into force Patent Act 1970 (2005 Amendment) comes in to force
from 1-1-2005

1970 Act :

✓ No product patent for chemicals, food and medicine

✓ No patents for agriculture and horticulture products
✓ Compulsory licences
✓ Patents to be worked in India.
✓ Law and Regulations Patents Act, 1970 Amended in 1999 2002 2005 Patents Rules, 2003
Amended in 2005 2006
✓ In India the grant of patents is governed by the patent Act 1970 and Rules 1972.
✓ The patents granted under the act are operative in the whole of India.

What is a patent :

➢ A patent is a grant from the government which confers on the guarantee for a limited period of
time the exclusive privilege of making, selling and using the invention for which a patent has
been granted

Purpose of getting a patent:

• To enjoy the exclusive rights over the invention.

• The patent is to ensure commercial returns to the inventor for the time and money spend in
generating a new product.

What can be patented:

Invention must pass four tests;

1. The invention must fall into one of the five “statutory classes’: Processes, Machines ,
Manufactures Compositions of matter, and New uses of any of the above

2. The invention must be “useful”

3. The invention must be “novel”

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4. The invention must be “nonobvious’

Patent Law - Features

o Both product and process patent provided

o Term of patent – 20 years
o Examination on request
o Both pre-grant and post-grant opposition
o Fast track mechanism for disposal of appeals
o Provision for protection of bio-diversity and traditional knowledge
o Publication of applications after 18 months with facility for early publication
o Substantially reduced time-lines

Safeguards in the Patent Law

✓ Compulsory license to ensure availability of drugs at reasonable prices

✓ Provision to deal with public health emergency
✓ Revocation of patent in public interest and also on security considerations

The Term Of Patent :

• In respect of a invention claiming process of manufacture of a substance intended to be used as

food or medicine ---- 5 yrs. from the date of sealing or 7 yrs from the date of patent whichever
is shorter.
• In case of any other invention ---- 14 yrs from the date of patent.

Expiry Of A Patent :

A patent can expire in the following ways:

1. The patent has lived its full term.

2. The patentee has failed to pay the renewal fee.

3. The validity of the patent has been successfully challenged by an opponent by filing an
opposition either with the patent office or with the courts.

4. As soon as the patent expires, it pass to the general public domain and now anybody can use
it without the permission of the original inventor

Rights of a patentee

1. Right to exploit the patent. The patentee has a right to prevent 3rd parties, from exploiting
the patented invention.

2. Right to grant license. The patentee has a power to assign rights or grant license.

3. Right to surrender. The patentee is given the right to surrender the patent by giving notice
in prescribed manner to the controller.

4. Right to sue for infringement. A patentee is given the right to institute proceeding for
infringement of the patent in a district court .

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Trade Mark Act, 1999:

History of Trade Mark Act 1940:

• The first statutory law related to TM in India was the TM Act, 1940 which had similar provision
like the UK TM Act, 1938
• TM Registry was established in India 1958: The Trade and Merchandise Marks Act, 1958 was
enacted which consolidated the provisions related to TMs contained in other statutes like, IPC
and CRPC 1999:
• Trade and Merchandise Marks Act, 1958 was repealed by the TM Act, 1999 and it is the current
governing law related to registered TMs
• The 1999 Act was enacted to comply with the provisions of the TRIPS obligation as
recommended by WTO and it is in accordance with the international systems and practices

What is Mark & Trade Mark:

▪ As per Section 2 (1) (m) of the Act, Mark includes a device, brand, heading, label, ticket, name,
signature, word, letter, numeral, shape of goods, packaging or combination of colours or any
combination thereof
▪ As per Section 2 (1) (zb) of the Act, TM means a mark capable of being represented graphically
and which is capable of distinguishing the goods or services of one person from those of others
and may include shape of goods, their packaging and combination of colours

Trade Marks officers Authority:

• Controller-General of Patents, Designs and TMs appointed by the CG by notification in official

gazette shall be the Registrar of TMs
• Other officers: The CG may appoint such other officers as it thinks fit for the purpose of
discharging, under the superintendence and direction of the Registrar
• TM Registry: The TM Registry established under the Trade and Merchandise Marks Act, 1958
shall be the TM Registry under this Act Section 3

Trade Mark offices Head Office:

➢ Mumbai Branch office: Ahmedabad, Kolkata, New Delhi and Chennai Generally Applicant’s
principal place of business in India In case of joint applicants, principal place of business in India
of the applicant whose name is first mentioned Applicant does not carry on business in India
Application be filed with
➢ TM Registry -within whose territorial limits the place mentioned in the address -for service in
India as disclosed in the application is situated Territorial jurisdiction for filing TM application
Section 5

Salient features of Trademark Act, 1999 :

✓ Providing for registration of trademarks for services.

✓ Providing for an appellate board for speedy disposal of appeals.
✓ Transferring the final authority relating to registration of certification trade mark to registrar.
✓ Providing enhanced punishments for the offenses related to trademarks.

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✓ Increasing the period of registration and renewal from 7 years to 10

Protection of Trade Mark:

➢ Statutory protection of trademark is administered by the Controller General of Patents, Designs

and Trade Marks,
➢ A government agency which reports to the Department of Industrial Policy and Promotion
(DIPP), under the Ministry of Commerce and Industry.

TRADEMARK CLASSES:

• Trademark law 2002, suggests that trademark can be registered in India under 45 different
classes.
• The two symbols associated with Indian trademarks
• Trademark symbol (can be used with any common law usage of a mark)
• Registered trademark symbol represent the status of a mark and accordingly its level of
protection.(only be used by the owner of a mark following registration with the relevant
national authority).
• The trademark symbol, is a symbol to indicate that the preceding mark is a trademark,
specifically an unregistered trademark.
• It complements the registered trademark symbol, which is reserved for trademarks registered
with an appropriate government agency.

USES :

➢ Use of the trademark symbol indicates an assertion that a word, image, or other sign is a
trademark; it does not indicate registration or impart enhanced protections.
➢ Registered trademarks are indicated using the registered trademark symbol, and in some
jurisdictions it is unlawful or illegal to use the registered trademark symbol with a mark that has
not been registered.
➢ The service mark symbol, is used to indicate the assertion of a service mark (a trademark for
the provision of services).

REGISTERED TRADEMARK :

• A "registered trademark" confers a bundle of exclusive rights upon the registered owner,
including the right to exclusive use of the mark in relation to the products or services.
• Registration of a trade mark is not a mandatory requirement in India. A trade mark is registered
for a period of 10 years and is subject to renewal.
• The Trademarks Act 1999 governs the whole process of registration. Registration is required for
the following reasons:"
• It identifies the origin of goods and services;
• Advertises goods and services;
• Guards the commercial goodwill of a trader; and Protects the innocent public from buying the
second rate quality goods.

UNREGISTERED TRADEMARKS :

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• As a first-to-use country, unregistered trademarks with prior use can be protected under
common law in India.
• The passing off of trademarks is a tort actionable under common law and is mainly used to
protect the goodwill

Benefits of Registration T M:

❖ Acquire Intellectual Property Rights

❖ Get Legal Protection against Infringement
❖ Get Legal Recognition for the Trademark
❖ Register Different Kinds of Trademarks
❖ Establish the True Origin of Your Products International Protection
❖ Exercise Exclusive Control over the Use of Trademark
❖ Get Legal Protection against Objectionable Use
❖ No Impact on IPR Rights due to Trademark's Popularity
❖ Own Your Trademark as an Asset
❖ Trademark Publicised to Deter Possible Infringements
❖ Retain Trademark Rights During Business Expansion

Designs Act, 2000:

History:
▪ The origin of the Design Act in India traces back to the British
period.
▪ The first Act protection to designs was Patent and Designs Act,
1872. This Act supplemented the Act of 1859 which was passed
by the Governor-General of India to protect industrial designs
and grant privileges to inventors.
▪ The Inventions and Designs Act of 1888 repealed this Act of 1872.
▪ The Act of 1888 was a reflection of the Designs Act of the United
Kingdom.
▪ In the year 1911, the British government enacted a new law in
the form of the Patent and Designs Act .
▪ In 1930, this Act was amended and the government came up with
some changes in the process of registration of designs.
▪ In 1970, the Patent Act deal with the matters of patent
specifically. All the provisions regarding patents from this Act

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were repealed and it continued to deal with Industrial designs till

2000.
▪ Patents and Designs Act of 1911 was repealed and a new act
called the Designs Act, 2000 .
▪ This new Act was enforced on 11th May 2001.
Meaning:
➢ “Design” means the features of:- Shape ,Configuration, Pattern,
Ornament, Composition of colour, Composition of lines or Any
combination of any of the above
Design does not include:
• It does not include any mode of construction or any trademark as
defined under clause (v) of sub-section (1) of Section 2 of the
Trade and Merchandise Marks Act, 1958.
• It does not include ‘property mark’ as defined in section 479 of
the Indian Penal Code, 1860.
• It does not include any artistic work as defined in clause (c) of
section 2 of the Copyright Act, 1957.
Objectives of design act 2000:
✓ The primary objective of the Design Act is to protect the designs.
✓ The Design Act 0f 2000 is an Act to consolidate and amend the
law relating to the protection of designs.
✓ Its main objective is to protect new or original designs from
getting copied which causes loss to the proprietor.
✓ An industrial design helps in drawing a customer’s attention and
helps in increasing the commercial value of an article.
salient features of the Design Act, 2000 :

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o Enlarging the scope of definition of the terms “article”,

“design” and introduction of definition of “original”.
o Amplifying the scope of “prior publication”.
o Introduction of provision for delegation of powers of the
Controller to other officers and stipulating statutory duties
of examiners.
o Provision of identification of non-registrable designs.
o Provision for substitution of applicant before registration of
a design.
o Substitution of Indian classification by an internationally
followed system of classification.
o Provision for inclusion of a register to be maintained on
computer as a Register of Designs.
o Provision for restoration of lapsed designs.
o Provisions for appeal against orders of the Controller before
the High Court instead of the Central Government.
o Revoking the period of secrecy of two years of a registered
design.
o Providing for compulsory registration of any document for
transfer of right in the registered design.
o Introduction of additional grounds in cancellation
proceedings and provision for initiating the cancellation
proceedings before the Controller in place of the High Court.
o Enhancement of quantum of penalty imposed for
infringement of a registered design.
o Provision for grounds of cancellation to be taken as defense
in the infringement proceedings to be in any court not
below the Court of District Judge.
o Enhancing the initial period of registration from 5 to 10
years, to be followed by a further extension of five years.

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o Provision for allowance of priority to other convention

countries and countries belonging to the group of countries
or inter-governmental organizations apart from United
Kingdom and other Commonwealth Countries.
o Provision for avoidance of certain restrictive conditions for
the control of anti competitive practices in contractual
licenses.
Items that cannot be registered as a design under the Act:
✓ Signs, emblems or flags of any country.
✓ Size of any article, if changed.
✓ Structures and buildings.
✓ Integrated circuits’ layout designs.
✓ Trade variations.
✓ Any principle or mode of construction of any article such as labels,
tokens, cartoons, cards, etc.
✓ Books, calendars, certificates, jackets, forms-and other
documents, greeting cards, maps and plan cards, postcards,
leaflets, stamps, medals, dressmaking patterns.
✓ A mechanical contrivance.
✓ Workshop alterations of components of an assembly.
✓ Parts of any article which is not manufactured and sold
separately.
Duration of the registration of a design:
• The total time for which a design can be registered is 15 years.
• Initially, it was 10 years, which could be extended for another 5
years by paying a fee of Rs. 2000 to the Controller but it should be
done before the expiry of that 10 years period.
• The proprietor of any design may even file an application as soon
as the design gets registered for such an extension.
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Appeal for cancellation of the registration of a design

❖ The registration of any design can be canceled anytime after it
gets registered by filing a petition for such cancellation in Form 8
along with a fee of Rs. 1,500 to the Controller.
Grounds for such cancellation are as follows:
➢ The design has been already registered in India previously.
➢ It has been published in India or somewhere else before the date
of registration.
➢ The design is not original or new.
➢ It is not registrable under the Act.
Geographical Indications Act, 1999:
History:

• Enacted by -Parliament of India

• Assented to -30 December 1999
• Commenced -15 September 2003
• Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act) is a sui
generis Act of the Parliament of India for protection of geographical indications in India.
• India, as a member of the World Trade Organization (WTO), enacted the Act to comply with the
Agreement on Trade-Related Aspects of Intellectual Property Rights.
• The GI tag ensures that only those registered as authorised users (or at least those residing
inside the geographic territory) are allowed to use the popular product name.
• Darjeeling tea became the first GI tagged product in India, in 2004–05, since then 370 goods
had been added to the list as of August 2020.

Definitions and Interpretation:

Definition:

➢ Geographical indications(GI) is a name or sign used on certain products to identify agricultural,

natural or manufactured goods originating from a definite geographical territory having a
special quality or reputation or other characteristics.

(a) "Appellate Board" means the Appellate Board established under Section 83 of the Trade
Marks Act, 1999;

(b) "Authorized user" means the authorised user of a geographical indication registered under
Section 17;

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(c) "deceptively similar" A geographical indication shall be deemed to be deceptively similar to

another geographical indication if it so nearly resembles that other geographical indication as to
be likely to deceive or cause confusion;

(d) "district court" has the meaning assigned to it in the Code of Civil Procedure, 1908;

(e) "geographical indication", in relation to goods, means an indication which identifies such
goods as agricultural goods, natural goods or manufactured goods as originating, or
manufactured in the territory of a country,

(f) "goods" means any agricultural, natural or manufactured goods or any goods of handicraft or
of industry and includes food stuff;

(g) "indication" includes any name, geographical or figurative representation or any

combination of them conveying or suggesting the geographical origin of goods to which it
applies;

(h) "name" includes any abbreviation of a name;

(i) "package" includes any case, box, container, covering, folder, receptacle, vessel, casket,
bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork;

(j) "prescribed" means prescribed by rules made under this Act;

(k) "producer", in relation to goods, means any person who:-

(l) "register" means the Register of Geographical Indications referred to in section 6;

(m) "registered" (with its grammatical variations) means registered under this Act;

(n) "registered proprietor", in relation to a geographical indication, means any association of

persons or of producers or any organization for the time being entered in the register as
proprietor of the geographical indication;

(o) "Registrar" means the Registrar of Geographical Indications referred to in Section 3;

(p) "tribunal" means the Registrar or, as the case may be, the Appellate Board before which the
proceeding concerned is pending.

Registration process:

1. An application for registration must be made before the Registrar of Geographical Indications by
any association of persons or producers or any organization or authority producers of the
concerned goods.
2. The application must be made in an appropriate form containing the nature, quality, reputation
or other characteristics of which are due exclusively or essentially to the geographical
environment, manufacturing process, natural and human factors, map of territory of
production, appearance of geographical indication (figurative or words), list of producers, along
with prescribed fees.
3. The examiner will make a preliminary scrutiny for deficiencies, in case of deficiencies, the
applicant have to remedy it within a period of one month from the date of communication.

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4. The Registrar may accept, partially accept or refuse the application. In case of refusal, the
Registrar will give written grounds for non acceptance.
5. The applicant must within two months file reply. In case of re-refusal, the applicant can make an
appeal within one month of such decision.
6. Registrar shall, within three months of acceptance may advertise the application in the GI
Journal.
7. If there is no opposition, the Registrar will grant a certificate of registration to the applicant and
authorised users.

Duration:

➢ A GI is registered for an initial period of ten years, which may be renewed from time to time.

Significance:

• GI is an indication
• It is a sort of certification
• It is originated from a definite geographical territory
• It is used to identify agricultural, natural or manufactured goods
• The manufactured goods should be produced/processed /prepared in that territory.
• It should have a special quality/reputation/other characteristics
• It confers legal protection to GI’s in India
• It prevents unauthorized use of a Registered GI by others
• It promotes economic prosperity of producers of goods in a geographical territory.
• It provides legal production to Indian GI’s which in turn boost exports.

Types of GI’s:

✓ Agricultural goods
✓ Natural goods
✓ Manufactured goods
✓ Handicrafts
✓ Industrial products
✓ Food stuffs
✓ Wine and spirits

Benefits of GI’s:

• It confers the legal protection.

• Prevents unauthorized use of a registered GI by others.
• It promotes economic property of a producers of goods produced in geographical territories.
• Boost the exports.
• It can serve as sources identities for consumers helps the producers develop consumer loyalty.
• Plays a role in consumers decisions include willingness to pay a higher rate for regionally
branched food products.

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Copyright Act, 1957:

History of Indian Copyright Act, 1957 :

• First right in India in 1914

• Indian Copyright Act,1957; w.e.f. 1958
• Further amendments in 1983,1984,1992,1994,1999 adopted many English provisions,
introduced new ideas and concepts.
• Created Copyright Office and Copyright Board Introduced civil and criminal remedies against
infringement

Copyright :

➢ “The exclusive right given by law for a certain term of years to an author, composer etc. (or his
assignee) to print, publish and sell copies of his original work” .

Copyright Office :

✓ Established under the control of the registrar of copyright , who shall act under the directions of
the central government .
✓ There shall be a seal of copyright .
✓ The main work of the office is to control , administer and apply the provisions of the act .
✓ central government appoints the registrars and the deputy registrars from time to time.

Copyright Board:

• The board consists of a chairman and not more than fourteen other members .
• The chairman is appointed for a period of five years and is also eligible for re appointment ,and
works under the superintendence of the central government .
• A person in order to become the chairman of the copyright board should be a judge of an High
Court or should have been qualified to be a judge of an High Court .
• The registrar of the copyright is the Secretary of the copyright board.

Powers and Procedures of the copyright board:

• power to regulate its own affairs including the fixing of places and the times of sittings
• chairman has the right to constitute benches and special benches in order to dispose the cases
before it
• Normal bench consists of not less than 3 members and the special bench consists of not less
than 5 members .

Objectives of copyright act :

✓ its main objective is to encourage the authors,music composers ,singers to create their original
piece of works by granting them exclusive rights .
✓ To stop the misuse of copyrights .
✓ its helps in protecting the rights of the person who holds the copyright.
✓ copyright holder is give both the civil remedies and the criminal remedies in case of
infringement .

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✓ it provides methods of acquiring the copyrights. the copyright protection is given for a longer
period of time .

Benefits of copyright registration:

• certificate copy of registration ,which is acts an evidence of the authorship

• its helps the author to take immediate legal action against the infringement
• The registration certificate is useful to author and his successors to establish their title in the
case of dispute
• it helps to prove the copyright in the foreign countries .
• it is help full for the government in levying and collecting royalty and pay the same to the
copyright holder.
• prior registration helps in determination of licencing.
• it helps to prove the copyright in the foreign countries .

Who is an author:

1. literary and dramatic work ------- author of the work .

2. artistic works -------- the artist
3. musical work --------- the composer
4. photography ---------- the photographer
5. cinematography -------- the producer
6. computer program ------- the programmer.

Artistic work means:

✓ panting ,any sculpture

✓ Drawing including maps,chart and a plan
✓ an engraving
✓ a work or an architechture
✓ work of craftsamanship
✓ work which has artistic quality .

cinematography means :

✓ work of visual recording on the medium produced through a process from which a moving
image may be produced .
✓ it includes sound recording accompanied with the visual images .
✓ it shall also be construed as including any work produced by any process analogous to
cinematography including video films.

Literary work means:

✓ includes any writings

✓ computer programmes
✓ Tables and compilations including the computer database.

Musical work means :

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✓ work consisting of music and includes any graphical notation

✓ but does not include any woods or any actions intended to be sung ,spoken or performed with
the music

Sound recording means:

✓ any recording of sound

✓ which such sounds may be produced regardless of the medium
✓ on which such recording is the method by which the sound are produced .

Protection of Plant Varieties and Farmers’ Rights Act, 2001:

➢ “The Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act, 2001” adopting sui generis
system.
➢ Indian legislation with International Union for the Protection of New Varieties of Plants (UPOV),
1978,
➢ provisions to protect the interests of public sector breeding institutions and the farmers.
➢ The legislation recognizes the contributions of both commercial plant breeders and farmers in
plant breeding activity and also provides to implement TRIPs
➢ It supports the specific socio-economic interests of all the stakeholders including private, public
sectors and research institutions, as well as resource-constrained farmers.

Objectives of the PPV & FR Act, 2001:

• To establish an effective system for the protection of plant varieties, the rights of farmers and
plant breeders and to encourage the development of new varieties of plants.
• To recognize and protect the rights of farmers in respect of their contributions made at any time
in conserving, improving and making available plant genetic resources for the development of
new plant varieties.
• To accelerate agricultural development in the country, protect plant breeders’ rights; stimulate
investment for research and development both in public & private sector for the development
new of plant varieties.
• Facilitate the growth of seed industry in the country which will ensure the availability of high
quality seeds and planting material to the farmers.

Rights under the Act:

Breeders’ Rights :

➢ Breeders will have exclusive rights to produce, sell, market, distribute, import or export the
protected variety. Breeder can appoint agent/ licensee and may exercise for civil remedy in case
of infringement of rights.

Researchers’ Rights :

➢ Researcher can use any of the registered variety under the Act for conducting experiment or
research. This includes the use of a variety as an initial source of variety for the purpose of
developing another variety but repeated use needs prior permission of the registered breeder.

Farmers' Rights:

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➢ A farmer who has evolved or developed a new variety is entitled for registration and protection
in like manner as a breeder of a variety;

General Functions of the Authority:

✓ Registration of new plant varieties, essentially derived varieties (EDV), extant varieties;
✓ Developing DUS (Distinctiveness, Uniformity and Stability) test guidelines for new plant species;
✓ Developing characterization and documentation of varieties registered;
✓ Compulsory cataloging facilities for all variety of plants;
✓ Documentation, indexing and cataloguing of farmers' varieties;
✓ Recognizing and rewarding farmers, community of farmers, particularly tribal and rural
community engaged in conservation and improvement;
✓ Preservation of plant genetic resources of economic plants and their wild relatives;
✓ Maintenance of the National Register of Plant Varieties and
✓ Maintenance of National Gene Bank.

Registration of varieties:

➢ A variety is eligible for registration under the Act if it essentially fulfills the criteria of
Distinctiveness, Uniformity and Stability (DUS).
➢ The Central Government issues notification in official Gazettes specifying the genera and species
for the purpose of registration of varieties. So far, the Central Government has notified 157 crop
species for the purpose of registration.

Plant Varieties Protection Appellate Tribunal:

• There is transitory provision by which it is provided that till the PVPAT is established the
Intellectual Property Appellate Board (IPAB) will exercise the jurisdiction of PVPAT.
• Consequently the Plant Varieties Protection Appellate Tribunal (PVPAT) has been established by
appointing Technical Member.
• All orders or decisions of the Registrar of Authority relating to registration of variety and orders
or decisions of the Registrar relating to registration as agent or licensee can be appealed in the
Tribunal. Further, all orders or decisions of Authority relating to benefit sharing, revocation of
compulsory license and payment of compensation can also be appealed in the Tribunal.
• The decisions of the PVPAT can be challenged in High Court. The Tribunal shall dispose of the
appeal within one year.

Semi-Conductor Integrated Circuits Layout Design Act, 2000:

➢ Semiconductor Integrated Circuit Layout Design(SICLD) Act, 2000, has come into operation in
India w.e.f. 4th September 2000.
➢ As per the provisions of this Act, Registrar Semiconductor Integrated Circuits Layout-Design
Registry under the Ministry of Electronics and Information Technology (MeitY) has been
appointed with its head office at Electronics
➢ Register of Layout-Designs and records in it the registered layout-designs with the names,
addresses, and descriptions of the proprietor and such other matters related to the registered
layout-designs.

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Acceptance of Application:

• Any person who wants to register his layout-design is required to apply in writing to the
Registrar Semiconductor Integrated Circuits Layout-Design Registry in the concerned territorial
jurisdiction, as per the procedure prescribed in the SICLD Act, 2000.
• The Registrar after scrutiny may refuse the application or may accept it absolutely or with
amendments or modifications, as he may consider necessary.

Prohibition of registration of certain layout-designs:

➢ The SICLD Act, 2000 prohibits the registration of certain Layout designs. Layout design which is
not original is prohibited. Similarly, the registration of layout design which has been
commercially exploited anywhere in India or a convention country has been prohibited.
➢ Layout design which is not inherently distinctive or which is not inherently capable of being
distinguishable from any other registered layout-design also cannot be registered.
➢ The Act, however, provides that a layout-design which has been commercially exploited for not
more than two years from the date on which an application for its registration has been filed
either in India or a convention country shall be considered as not having been commercially
exploited.
➢ According to SICLD Act, 2000, layout-design is to be considered as original if it is the result of its
creator’s intellectual efforts and is not commonly known to the creators of layout-designs and
manufacturers of semiconductor integrated circuits at the time of its creation.

Withdrawal of acceptance:

▪ As per provisions of SICLD Act, 2000, the Registrar has the power to withdraw the acceptance of
an application for registration (before registration of layout design) if it comes to his knowledge
that the layout-design is prohibited of registration under the provisions of this Act.
▪ The Registrar may however, provide the opportunity of being heard to the applicant if he so
desires, before the withdrawal of the acceptance.

Advertisement of application:

✓ According to SICLD Act, 2000, when an application for registration of a layout-design has been
accepted, the Registrar is bound to advertise the accepted application within fourteen days after
the date of acceptance.
✓ After the advertisement, the Registrar has the discretion to advertise the application again if the
application has been corrected or is permitted to be amended under the Act and notify in the
prescribed manner the correction or amendment made.

Opposition to registration:

➢ Any person under the SICLD Act, 2000 can oppose the proposed registration of layout design.
After an application for registration of a layout-design has been accepted, any person can give
notice in writing to the Registrar of his opposition, within three months from the date of
advertisement or re-advertisement or within further period not exceeding one month in the
aggregate, ( as may be allowed by the Registrar ) as per the procedure provided .

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Duration of registration:

• As per SICLD Act, 2000, the registration of a layout-design is done only for ten years w.e.f. from
the date of filing an application for registration or from the date of first commercial exploitation
anywhere in India or any country, whichever is earlier.
• Infringement of layout-design:
• Only a registered proprietor of the layout-design or a registered user can make use the layout
design. What will constitute the infringement of layout design has been explained in detail in the
SICLD Act, 2000.
• Procedure for Registration of Layout design:
• The Semiconductor Integrated Circuits Layout-Design Act of 2000's Section 96, subsections (1)
and (2), defines the procedure for filing an application for an integrated circuit layout design at
the Semiconductor Integrated Circuits Layout-Design Registry (SICLDR).
• The registered office is at the Department of Electronics and Information Technology, 6 CGO
Complex, Lodi Road, New Delhi-110003, and is accessible to applicants from all over India.
• The application must be submitted using the template provided for the registration of layout
designs (Form LD-1) by the creator of the layout design or the person who wishes to register his
or her intellectual layout design.
• The layout design's title should be specified.
• The applicant's full name, nationality, company name, country of incorporation, or partners'
names, if applicable,
• Address information for the main office in India.
• The specifics, including the structure of the layout, the methods used, and the design's
functions.
• A brief description of the layout-design declaration that it has not been commercially exploited
and a description of the location of any exploitation, including the name of the country, the
date, and the year, if any.
• The application must be submitted to the Registry at the above-mentioned registered address,
and the Registry may accept or reject the application.
• Within 14 days of acceptance, the application must be advertised. Opposition has three months
to file their opposition, and the counter statement must be filed within two months of the date
they received the registrar's notice of opposition.
• The Registrar will decide whether to accept or reject the application after hearing from both
parties.

Documents Required for Semiconductor Integrated Circuit Layout Design (SICLD) Registration:

▪ The applicant must specifically provide the following details about the integrated circuit (IC) that
was created using layout-design when submitting an application for layout design registration.
▪ Structure details like Bipolar, MOS, Bi-MOS, Optical IC, or other specifications.
▪ Technical details like TTL, DTL, CMOS, NMOS, PMOS, or other Specification.
▪ The Functional details such as Logic, Memory, Linear, Microcomputer
▪ Layout Design photograph or drawings (3 sets) (paper size 33cm/20cm)
▪ Semiconductor Integrated circuits (4 pieces)

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▪ Photographs of mask layout used for the fabrication of the semiconductor integrated circuit by
using layout design.

Aesthetic Values and Trade Secrets:

➢ Aesthetic value is the value that an object, event, or state of affairs (most paradigmatically an
artwork or the natural environment) possesses in virtue of its capacity to elicit pleasure (positive
value) or displeasure (negative value) when appreciated or experienced aesthetically.
➢ Aesthetic value is a judgment of value based on the appearance of an object and the emotional
responses it evokes. While it is difficult to objectively assess aesthetic value, it often becomes an
important determining factor in overall value; things people perceive as attractive tend to be in
higher demand, and will cost more than comparable objects without the aesthetic component.

Trade Secrets:

➢ A trade secret is economically valuable information that is not generally known, has value to
those who cannot legitimately obtain it, and has been subject to reasonable efforts to keep it
secret. Trademarks protect brand names, slogans, and other source identifiers. Patents protect
new processes and inventions.

Utility Models and others:

Utility models:

➢ Utility models provide fast and low-cost protection for technical inventions since they are
usually granted without substantive examination. For this reason, they are more accessible to
individual innovators or small and medium-sized enterprises (SMEs) than patents, to which they
are similar in their principle. In some countries, utility models may be referred to as 'petty
patents' or 'innovation patents'.
➢ A utility model is a statutory exclusive right granted for a limited period of time (the so-called
"term") in exchange for an inventor providing sufficient teaching of his or her invention to
permit a person of ordinary skill in the relevant art to perform the invention.
➢ Terms such as "petty patent", "innovation patent", “short-term patents”, "minor patent", and
"small patent" are generally considered to fall within the definition of "utility model"
➢ A utility model is a registered right that gives the holder exclusive use of a technical invention.
➢ The right is given in exchange for public disclosure of the workings of the invention and is
granted for a limited period.
➢ In 1997, the European Commission proposed the harmonisation of laws on utility models across
EU countries.

Features of Utility Model:

✓ The utility model patent is granted for a short duration varying from 6 years to 15 years;
✓ The patent is granted within or less than 6 months;
✓ There is no substantive examination required or any inventive step is necessary for securing a
utility model patent.
✓ Utility patents confer exclusive protection rights for the product and not process.

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✓ Novelty is a norm but the standards of novelty are different in different jurisdiction for Utility
patents.
✓ The standards of non-obviousness and inventive step are much lower and differ according to the
jurisdictional area.
✓ Utility patents are more appropriate for incremental invention.
✓ In most of the jurisdictions only a preliminary procedural examination is required for the grant
of utility patents. There is no substantive examination for utility patent grant.
✓ The rights conferred for the utility patents are similar to those granted by patent laws but have
a shorter term.
✓ The span of protection usually varies from 6-15 years; contrary to patents in which the term of
protection is 20 years.
✓ Utility Patents are cheaper to maintain and obtain.
✓ The duration of registration of utility patents is less compared to patents since in most of the
jurisdictions the applications for utility patents are not examined prior to registration.

Personal Data Protection Bill 2019:

• Ministry of Electronics and Information Technology set up In July 2017, a committee to study
issues related to data protection.
• The committee was chaired by retired Supreme Court judge Justice B. N. Srikrishna.[4]
• The committee submitted the draft Personal Data Protection Bill, 2018.
• After further deliberations the Bill was approved by the cabinet ministry of India on 4 December
2019
• Personal Data Protection Bill 2019 and tabled in the Lok Sabha on 11 December 2019.
• March 2020 the Bill was being analyzed by a Joint Parliamentary Committee (JPC) in
consultation with experts and stakeholders.
• The JPC, which was set up in December 2019, was headed by Meenakshi Lekhi, Member of
Parliament.
• While the JPC was tasked with a short deadline to finalize the draft law before the Budget
Session of 2020, it has sought more time to study the Bill and consult stakeholders.
• The bill was withdrawn in August 2022

Important Terms :

Data:

➢ Data is any collection of information that is stored in such a way that computers can easily read
them. Data usually refers to information about an individual’s messages, social media posts,
online transactions, and browser searches.

Data Processing:

➢ The analysis of data to collect patterns, turning raw data into useful information.

Data Principal:

➢ The individual whose data is being collected and processed.

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Data Fiduciary:

➢ The entity that collects and/or processes a data principal’s data.

Data Processor:

➢ The entity that a fiduciary might give the data for processing, a third-party entity. The physical
attributes of data — where data is stored, where it is sent, where it is turned into something
useful — are called data flows.

Personal Data:

➢ It is data which pertains to characteristics, traits or attributes of identity, which can be used to
identify an individual.

Sensitive Personal Data:

➢ Data related to finances, health, official identifiers, sex life, sexual orientation, biometric,
genetics, transgender status, intersex status, caste or tribe, religious or political belief or
affiliation. This data can only be sent abroad with authority approval.

Right to data portability:

➢ The right to receive the data from the fiduciary in a machine-readable format.

Data Protection Authority (DPA):

✓ A government authority tasked with protecting individuals’ data and executing this Act through
codes of practice, inquiries, audits and more.
✓ Each company will have a Data Protection Officer (DPO) who will liaison with the DPA for
auditing, grievance redressal, recording, maintenance and more.

Features:

❖ The Personal Data Protection Bill, 2019 is divided into personal, sensitive, and critical personal
information.
❖ Each category has its own set of responsibilities and regulations, and the act applies to both
Indian and foreign companies that deal with the data of Indian citizens.
❖ The bill applies to handling only personal information by the public authority, Indian
organisations, and foreign organisations, assuming the information is handled regarding
business exercises in India or gathered for information profiling of people in India.
❖ Data fiduciary refers to a company or person determining how and why personal data is
processed.
❖ The Personal Data Protection Bill, 2019 aims to process personal data for clear, explicit, and
lawful records.
❖ It should take reasonable steps to ensure that the processing is complete, accurate, not
misleading, and up to date.
❖ Data principals should get a notice when processing children’s sensitive personal data and
establish age verification systems and parental permission.

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❖ The bill has an independent Data Protection Authority, which will be responsible for
safeguarding individual interests, preventing misuse of personal data, and ensuring that
everyone follows the guidelines.
❖ Under the bill, the individual has certain rights like: Collecting proof from the data fiduciary that
personal data is being processed.
❖ The right to correct false, incomplete, or obsolete personal data. This right will ensure that the
incorrect information is no longer usable for the original purpose of collection.
❖ Under certain circumstances, the bill gives the right to transfer personal data to another service
provider.
❖ If the processing purpose has expired or the consent is revoked, a fiduciary must limit the
exposure of their data.
❖ Online media sites that allow users to engage over a particular threshold will now be subject to
specific requirements (intermediaries), including a voluntary user verification method for Indian
users.
❖ After taking the individual (data principal) explicit agreement to see the details, the bill describes
the transfer of personal data from India to other countries.
❖ Sometimes, data can be used without permission, in the case of:
❖ Medical emergency To provide benefits to the individual.
❖ Legal procedures To provide help during a disaster.

Career Opportunities in IPR:

• Teaching
• Patent analyst
• Practicing Agent in the field of patent, trademark, copyright etc
• Practicing Advocate/Attorney
• in-house in R&D organization (life sci, chemistry, physics and other related subjects)
• Audits and valuation
• Corporate Law
• Investigation and enforcement advisory
• Fashion, media and sports
• Litigation
• Patent lawyer
• Patent Analyst
• Licensing Specialist
• Patent LPOs (Legal Process Outsourcing)
• Patent Drafting Specialist

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3Rd SEM .M .Com Bangalore University
LAKSHMEESHA C Mcom NET KSET 57 Ph:9964008827
Assistant Professor Commerce and Management. Email: lakshmeeshac@gmail.com

Module 3: Patents & Copy Rights:

Patents - Elements of Patentability: Novelty, Non-Obviousness (Inventive Steps), Industrial

Application - Non - Patentable Subject Matter -Registration Procedure, Rights and Duties of Patentee,
Assignment and licence, Restoration of lapsed Patents, Surrender and Revocation of Patents,
Infringement, Remedies & Penalties -Patent office and Appellate Board. Nature of Copyright - Subject
matter of copyright: original literary, dramatic, musical, artistic works; cinematograph films and sound
recordings -Registration Procedure, Term of protection, Ownership of copyright, Assignment and
licence of copyright - Infringement, Remedies & Penalties – Related Rights - Distinction between
related rights and copyrights.

Patents:

➢ A patent is an exclusive right granted for an invention, which is a product or a process that
provides, in general, a new way of doing something, or offers a new technical solution to a
problem.
➢ A patent is a type of intellectual property that gives its owner the legal right to exclude others
from making, using, or selling an invention for a limited period of time in exchange for
publishing an enabling disclosure of the invention

Patent Criteria:

According to the Patent Act of 1995, you must fulfil these criteria before applying for your
patent:

➢ Novelty: your invention must not have been public, not even by yourself, before the date of the
application.
➢ Inventive step: your invention cannot be a solution that would be obvious to a manufacturer.
➢ Applicability in the Industrial Case: This criterion implies that it must be possible to actually
manufacture your new invention.

Benefits of a patent are:

✓ Prevent others from developing and selling the same invention

✓ Value increases over time
✓ Incur license fees from others using the invention
✓ A patent portfolio may increase your value in the eyes of potential investors and buyers
✓ Market your projects as patented products
✓ Security for your invention is a huge incentive to apply for a benefit, but as you can see, financial
benefits accompany a patent, too.
✓ Helps industry to improve existing technology to give cheaper and better products
✓ Identifies emerging technologies, research areas and business opportunities
✓ Patent Portfolio- Measure of Company's Success Tool for increasing negotiating power
Establishes as a Pre-eminent Player in the market
✓ Patent - A Tool for International Trade

Elements of Patentability: (5 Elements)

Patentable subject matter:

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LAKSHMEESHA C Mcom NET KSET 58 Ph:9964008827
Assistant Professor Commerce and Management. Email: lakshmeeshac@gmail.com

➢ A subject matter that is patentable is defined as any process, machine, manufacture,

composition of matter or improvement of matter. However, the Supreme Court has stated that
the laws of nature, physical phenomena and abstract ideas are not patentable subject matters.
There is a distinction between products of nature and human-made objects. However, systems
of conducting business are a process that can be patented even though there is no tangible item
at issue. Printed matter can also be patentable if it is related to a physical invention and it is
either new and useful or new and non-obvious.

Utility:

➢ Patents must be for inventions that are useful. This means the item being patented has a
credible, specific and substantial purpose. Utility must be specific to the item being patented;
general utility that applies to a broad class of items will not suffice.

Novelty:

➢ The novelty requirement has two parts: novelty and statutory bars to patentability. Novelty
means the invention was not known or used by others; that is, it must be new. The statutory bar
requires that the patented item must not have already been in public use or for sale in the U.S.
for more than one year prior to the date the patent was applied for.

Nonobviousness:

➢ Patents must be nonobvious. A patent claim is nonobvious if the improvement goes beyond the
predictable use of prior art according to its established functions.

Enablement:

➢ To meet the enablement requirement, the patent application must include a written description
of the item being patented, including the manner and process of making and using it. Such
writings must be full, clear and concise, so that those with ordinary skill in the art would be able
to reproduce and use the item without undue experimentation. The writings must also include a
disclosure of the best mode of practicing the invention

Registration Procedure:

First Step :Filing of Patent Application in Patent Registration Office, India:

➢ Applying for the registration of Patent is the first step to start the process of Patent Registration
in India. The question then arises is, who are eligible for filing Patent Application in India for
Patent Registration? To answer this question, the Patent Act says that Patent application for the
invention may be made by "True & First inventor of the Invention" "Assignee of the person
claiming to be the true & first inventor" "legal representative of any deceased person who
immediately before his death was entitled to make Patent application" for the Patent
Registration.
✓ Form-1 (Application for grant of a Patent) : It includes the details of the Inventor(s),
Applicant(s), type of Patent Application is filed, title of the invention, certain declaration from
the Applicant and signatures of the Inventor(s), Applicant(s) and authorized Person.

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LAKSHMEESHA C Mcom NET KSET 59 Ph:9964008827
Assistant Professor Commerce and Management. Email: lakshmeeshac@gmail.com

✓ Form-2 (Provisional/Complete Specification) : It includes the information for the type of

Application, the title of the invention, description, claims, abstract of the invention.
✓ Form-3 (Statement and Undertaking) : It includes a statement and undertaking on behalf of the
inventor for updating the Controller for any foreign filing Application filed for Patent
Registration.
✓ Form-5 (Declaration as to Inventorship) : A declaration as to Inventorship must be filed in the
Patent Registration Office of India.
✓ Form-26 (form for authorization of a Patent Agent/or any person in a matter or proceeding
under the Act) : In the case where Patent Application for Patent Registration in India is filed by
Patent Agent or Patent Attorney whose services are taken by the inventor(s), a form for
authorization must be submitted in the Patent Registration Office.
✓ Form-28 (To be submitted by a small entity/start-up) : In order to take benefit under the
category of small entity/start-up, proof or evidence needs to be submitted.

Second Step: Publication of Patent Application in the Official Gazette

➢ Once the Patent Application is filed, it will be published by the IPO after Eighteen (18) months in
the Official Gazette of the IPO for the Public. Publication of Patent Application is an automatic
process; it does not require any request from the Patent Office in India. However, if one wishes
to publish early, a request for early publication can be filed by the Applicant to the Patent
Registration Office. On filing early publication, Patent Application can be published within one
Month from the date of filing of the request.

Third Step : Filing of Request for Examination :

➢ There is a prescribed form and timeline for filing an application for registration of Patent. The
application is then examined by the authorities. The Controller examines the Patent Application,
only after receiving of the request for examination. Upon receiving the request for examination,
the Patent application is examined by the Patent Registration Office, India.

Fourth Step: Issuance of objection(s) in the Examination Report:

➢ Once the process of examination is done, the Controller either grants the Patent registration or
issues an examination report. The report may include certain subject matter objection or
procedural objection. Normally, the Applicant gets six months’ time for submitting the reply of
the Examination report. As a next step, if Controller gets satisfied, grants the Patent else give a
hearing option to the Applicant.

Fifth Step: Patent grant:

➢ If the Patent application fulfils the prescribed criteria for a Patent Registration, it will be granted
by the Controller, published in the Official Gazette of the Patent Office India and issue a
Certificate for the Patent Registration to the Applicant.

Documents Required for Patent Registration:

1. Application Form: A duly filled and signed patent application form (Form 1) is required,
providing details such as the applicant’s name, address, and contact information.

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LAKSHMEESHA C Mcom NET KSET 60 Ph:9964008827
Assistant Professor Commerce and Management. Email: lakshmeeshac@gmail.com

2. Provisional/Complete Specification: A patent specification document (Form 2) is required,

describing the invention in detail, including its technical aspects, working examples, and any
drawings or diagrams necessary for understanding the invention. A provisional patent
specification may be initially filed, followed by a complete patent specification within 12
months.
3. Abstract of the Invention: A brief summary (not exceeding 150 words) highlighting the technical
features and advantages of the invention is required.
4. Power of Attorney: If the patent filing procedure is being carried out by a Patent Agent or
Service Provider, a Power of Attorney document authorizing them to act on behalf of the
applicant is required.
5. Statement and Undertaking: A statement and undertaking (Form 3) declaring the inventorship
of the invention and the accuracy of the information provided in the application must be
submitted.
6. Priority Document (if applicable): If the applicant is claiming priority based on an earlier filed
patent application in the convention country, a certified copy of the priority document, along
with its English translation must be submitted.
7. Proof of Right to File: In cases where the applicant is not the inventor, a document establishing
the applicant’s right to file the patent application, such as an assignment deed or employer-
employee agreement, needs to be submitted.
8. Form 28: If the applicant is a registered MSME or DPIIT Recognized Startup, they can claim
reduction in Patent registration fees by using Form 28.
9. Proof of Fee Payment: The requisite patent registration fees for filing the patent application
form, along with any additional fees for specific services like Patent Examination and filing
replies to Patent Objection, must be paid and the proof of such payment must be submitted.

Rights and Duties of Patentee:

Who Is a Patentee:

➢ The person to whom a patent is granted is a patentee. The patentee has a legal interest in the
patent. The patent is his property. The Patentee is entitled to deal with his property in the same
manner as the owner of any other movable property. This gives the patentee exclusive rights to
prevent others from making, using, exercising or selling the patented product and also prevents
others from using or exercising the process or method.

Rights Of a Patentee:

Right to Exploit the Patent :

➢ A patentee has the exclusive right to make, use, exercise, sell, or distribute the patented
product or to use or exercise the method or process if the patent is for a process. The right can
be exercised by the patentee himself or by his agents or licensees. These rights conferred to a
patentee are exercisable only during the term of the patent. The term of the patent shall be 20
years from the date of filing the patent application. The patent will be in force only as long as
the prescribed renewal fees are paid.

Right to License :

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LAKSHMEESHA C Mcom NET KSET 61 Ph:9964008827
Assistant Professor Commerce and Management. Email: lakshmeeshac@gmail.com

➢ Section 70 of the Indian Patents Act, 1970 confers the right on a grantee or proprietor of a
patent to grant licenses. The patentee can grant licenses to others to use the patented invention
in exchange for consideration. Where there are co-owners of the patented product, all the
patent owners must collectively grant the license to the third party. The license should be in
writing and must be documented (Registered) with the Controller of Patent.

Right to Assign :

➢ Section 70 of the Indian Patents Act, 1970 confers the right on a patentee to assign his patent
to others fully or partially. The Assignment should be in writing and must be documented
(Registered) with the Controller of Patent.

Right to Surrender:

➢ Section 63 of the Indian Patents Act, 1970, allows a patentee to surrender a patent. There is no
obligation to maintain the monopoly right on the patent for the entire term of 20 years. The
patentee may surrender the patent at any time he desires. The patentee has to make an
application of surrender before the Controller. The Controller then publishes the application of
surrender in the official gazette to enable interested persons to oppose the same. If any third
person has any interest in the patent, he must issue a notice to the Controller opposing the
surrender. The Controller if satisfied that there are sufficient grounds for opposition, he calls
both the parties for a hear

Right to Sue for Infringement:

➢ Infringement occurs when the Patentees rights are violated. It may consist the violation of any
right to make, use, sell, or distribute the invention. The Patentee, his Assignee, Licensee or
Agent has the right to file a civil suit for infringement in a court not lower than the District
Court. If it is established that the Patentees Rights has been violated by the defendant, the
court will either grant an injunction or award damages for the same.

Right to be issued :

➢ a Duplicate Patent Section 154 of the Indian Patents Act, 1970, mentions about Loss or
Destruction of Patents. Patentee has a right to apply for a duplicate Patent if the Patent is lost,
destroyed or if its non-production is explained satisfactorily to the Controller.

Right to make a Convention Application:

➢ Every Patentee in India has the right to make a Convention Application for protection of Patent
in Convention Countries. This Right is based on the principle of reciprocity and national
treatment of international law.

Right to make a Patent of Addition:

➢ Sections 54 to 56 of the Indian Patents Act, 1970, make provision for Patent of Addition. This
provision provides for modification in the existing invention. In this case, the Patent holder is
granted the right to the modified invention after the notification of acceptance comes out. The
owner is provided with the same rights as provided in the previous patent only when the
notification is presented.

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LAKSHMEESHA C Mcom NET KSET 62 Ph:9964008827
Assistant Professor Commerce and Management. Email: lakshmeeshac@gmail.com

Duties Or Obligations of a Patentee:

Duty to pay Statutory and Maintenance Fees:

➢ With regards to the registration process, the Patentee must pay all the necessary statutory fees.
Also, in order to keep a Patent in force, the Patentee must pay maintenance fees to the patent
office at specified intervals throughout the life of the Patent. The Patent will be revoked if the
Patentee fails to pay the maintenance fees.

Duty to Disclose the Patent:

➢ Patents are granted in exchange for the public disclosure of the invention. The patentee is
obligated to fully and accurately disclose the invention in the patent application, and to update
the disclosure as necessary during the prosecution of the patefee

Duty to Request for Examination:

➢ According to section 11B of the Indian Patents Act, 1970, No application for a patent will be
examined unless the applicant or any other interested person makes a request for examination
within the prescribed time period. The obligation is upon the Patentee to inquire with the
Controller of Patent about the development of the patent.

Duty to work the Invention:

➢ The Patentee must not sit idle on his invention on the belief to prevent others from making or
using the invention. It is the duty of the Patentee to work on the invention in India, that is by
actively commercializing the invention by manufacturing the product or by licensing the
invention to others.

Duty to Respond to Objections:

➢ The First Examination Report (FER) prepared by the Patent Examiners may contain some
objections. It is the duty of the Patentee to respond to such objections. The Patentee's
application will be automatically rejected if the clarifications are not sought within a period of
one year from the date of issue of the First Examination Report.

Duty to not Misuse the Patent:

➢ The patentee cannot use their patent to violate any laws or regulations, harm the public
interest, or unfairly dominate a market. The patentee must not make false or misleading
statements about the invention in any advertising, marketing, or other promotional materials.

Assignment and licence:

Assignment:

➢ The patentee transfers all or a part of his patent rights to the appointee who obtains the right to
prevent others from creating, utilising, practising, or disseminating the invention. Section 50(3)
of the Patents Act, 1970 states that in case a patent is co-owned by two or more individuals, any
share of the patent cannot be assigned to anyone else without the consent of all co-owners.

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3Rd SEM .M .Com Bangalore University
LAKSHMEESHA C Mcom NET KSET 63 Ph:9964008827
Assistant Professor Commerce and Management. Email: lakshmeeshac@gmail.com

Types of Assignment

Legal assignment:

➢ An assignment (or consent to appoint) under a valid patent is one in which the trustee may
identify himself as the patent owner. A deed must be used to allot a patent that was created
through one. All patent rights are granted to a duly appointed person who is qualified to be its
owner.

Equitable assignment:

➢ Any form or agreement including a letter in which the proprietor agrees to share a certain share
of the patent with another individual is referred to as the equitable assignment of the patent. In
any case, an appointee in such a situation is not eligible to have his name listed as the patent
owner in the register. However, they can notify the register of their interest in the patent.

Mortgages:

➢ Mortgages are assignments in which the owner transfers all or a portion of their rights to the
assignee in return for a fixed sum of money. The owner regains full ownership of the mortgaged
property once the debt has been settled. The lender must have their name listed in the register
as a mortgagee rather than registering themselves as the proprietor.

Requirements for Patent Assignment:

• The written draft must define all the rights and obligations of both the parties with respect to
the patent.
• The assignee shall apply in writing to the Controller of Patents to enter their name into the
register of patents.
• Form-16 must be duly filled and filed before the Controller General of Patents, Designs and
Trademarks.
• Two copies of the deed must be attached to the application as well.
• Fees for the process varies for different individuals and entities and is different when applied
physically and through the Internet.
• A detailed breakdown of the official fees for the process is mentioned in the First Schedule of
the Patent Act.

Contents of Patent Assignment Agreement:

✓ Just like any other agreement, a patent assignment agreement must include the following:
✓ Details of the parties to the agreement, i.e., the assignor and the assignee.
✓ Description of the patent – registration number, date of registration, type of patent, etc.
✓ Consideration in lieu of assignment.
✓ Rights and obligations of all parties involved.
✓ An undertaking of the assignor that they have not assigned or otherwise dealt with patent to
create a third-party interest in the patent.
✓ Termination clause.

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✓ Dispute resolution clauses.

✓ Indemnity clause in favor of the assignee.

Licensing:

➢ Patent licensing is a process of granting permission to a third party to extract benefits by selling
and using the licensed product. The patent owner gives license to a third party to use his
patented invention based on the agreement and royalty.
➢ Licensing is a contract between two parties where licensor agrees the terms and conditions of
patent owner. Since it is a contract or agreement, it must follow the Sections 10 and 11 of Indian
Patent Act 1970. As per Section 68 of the Patent Act 1970, the agreement must be in writing.

Types of License

Exclusive license:

➢ Exclusive licencing grants the licensee all rights, excluding the title to the innovation. Patent
ownership is transferred from the patent owner to the licensee. Only the invention's title
belongs to the patent holder. As a result, the licensee takes on all of the invention's obligations.
The patent cannot, however, be licenced to another party by the licensee. It is given solely to
him/her. As a result, the only individual with permission to exploit the patented invention is the
licensee.

Non-exclusive license:

➢ In Non Exclusive Licensing, the license of the patent can be granted to more than one party and
all of them can commercialize the patent into the market. Thus, patent owner has rights to
license his patented invention to more than one party.

Sub license:

➢ Licensee has rights to issue Sub license to different organizations for making the product of
patented invention. Patent owner give rights to licensee and the licensee has the right to issue
the license further to a third party that can use patented invention. The financial benefits will
depend on the contract between the primary licensee and third party.

Cross-license:

➢ Cross-Licensing is the exchange of licenses between different organizations and creators. When
invention requires the support of other products to make its place in the market, Cross-Licensing
process is used.

Voluntary licensing:

➢ Licencing on a voluntary basis is a gesture of goodwill towards the community. It also applies to
patents for medicines. With voluntary licencing, the owner of a patent can grant the right to
produce, import, or distribute a pharmaceutical product to other parties on an exclusive or non-
exclusive basis.

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3Rd SEM .M .Com Bangalore University
LAKSHMEESHA C Mcom NET KSET 65 Ph:9964008827
Assistant Professor Commerce and Management. Email: lakshmeeshac@gmail.com

Compulsory licensing;

➢ In Compulsory Licensing, the authorization is given to a third party to make, use or sell a
patented invention without the consent of patent owner. According to the Sections 84 and 92 of
Indian Patent Act 1970, if the specified conditions are satisfied, license can be granted to a third
party without permission of patent owner.

Carrot licensing:

➢ This strategy is appropriate when the potential licensee is not using the patented innovation and
is not obligated to obtain a licence. In this situation, the patent holder must persuade the party
to use his product and explain how licencing it can be advantageous for them. In a marketing
strategy known as carrot licencing, the owner of the patent tries to demonstrate to the licensee
what may be accomplished by purchasing a licence for it.

Stick licensing:

➢ Stick Licensing is another approach of licensing which is totally contrast of the carrot licensing. In
Stick Licensing approach, prospective licensee is already using the patented technology and thus
infringing the patent. The patent owner can file a suit against the infringer or settle with the
infringer agreeing to license his patent.

Difference between Assignment and Licenses

Assignment License

Assignment refers to the A license grants you the

transfer of ownership and of permission to use any patented
the patent to the assignee. invention, which would
otherwise be referred to as
infringement.

Assignments must be executed Licenses can be granted without

in writing. any written documentation.

Assignees don’t need to pay any Licensees may be expected to

royalties to the original owner. pay certain royalties in
exchange of using the inventor’s
product.

As you become a proprietor of Licenses are much cheaper than

the patent, it may be a bit assignments as you will also be
expensive to get an assignment. paying some royalty in
exchange of using the patent.

Restoration of lapsed Patents:

• The Patents Act, 1970, provides for certain safeguards for Restoration of Lapsed Patent in India.

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LAKSHMEESHA C Mcom NET KSET 66 Ph:9964008827
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• A patent which ceased to have effect because of a failure in payment of the prescribed fees
within the period prescribed under Section 53 of the Patent Act, 1970 or within such time
period, allowed under Section 142 of the Patent Act, 1970.
• According to Section 60 of the Patent Act, 1970, the application for the Restoration of Lapsed
Patent should be made by the Patentee or his legal representative;
• The fees prescribed should be paid by the Patentee while filing Form 15;
• A proof to support that the failure of the renewal of Patent was unintentional from Patentee’s
side should be submitted by the Patentee;
• The application of Restoration should include a statement to specify the circumstances which
led to the delay in payment of the renewal fees. The statement of the Patentee should be
supported by copies of documents referred to in the statement and evidences, if any;
• The evidence given by the Patentee should support the claim of failure for payment of renewal
fee was unintentional from Patentee’s side;
• Further evidences can be called by the Controller of Patent, which includes deeds, letters;
• The Patentee cannot claim the failure was unintentional, if he/she purposely elects not to pay
the renewal fees under an erroneous belief that he/she secures no advantage by paying the fees
of renewal;
• The financial incapacity of the Patentee will not be admitted as a valid ground of unintentional
failure for the payment of renewable fees;
• The Patentee who has to pay the renewal fee is generally the Patentee himself/herself, but
maybe a licensee or agent of the Patentee;
• Consideration is only given to the last decision of Patentee before expiry of the stretched time
limit for the payment of renewal fee under Section 53(2) of the Patent Act, 1970,
• A Patentee should exercise reasonable diligence in preserving his/her Patent, it is not certainly
satisfactory to claim innocence of undue delay, because he/she was uninformed of the lapsing
Patent because of the fault of his/her ‘agent.’ To secure Restoration of a Lapsed Patent, a
supporting evidence of proved negligence in the agent’s office will be sufficient;
• Though there is no extra fee for Patent of Addition, but the holder of Patent or the Patentee is
required to submit each form individually for each additional Patent with that of the Parent
Restoration of Lapsed Patent application.

Surrender and Revocation of Patents:

Surrender of Patents:

Section 63 of the Patents Act, 1970 allows a patentee to surrender a patent.

Section 63(1) The patentee can offer to surrender his patent by giving notice to the Controller.

Section 63(2)The offer to surrender the patent should be published by the Controller, and every
person interested in the patent must also be notified of the same.

Section 63(3)After the publication, any interested person can oppose the surrender, by giving
notice to the Controller which should be notified by the Controller to the patentee.

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LAKSHMEESHA C Mcom NET KSET 67 Ph:9964008827
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Section 63(4)If the patentee or the opponent wants to be heard, the Controller, on being
satisfied that the patent may be surrendered and after the hearing, may accept the offer and
revoke the patent by order.

Section 63(5)The notice of opposition must be given to the Controller within a period of 3
months from the date of publication of the notice to surrender the patent.

Section 63(6) If the patentee’s offer to surrender the patent is accepted by the Controller, he
may:6

Revocation of Patents:

➢ Section 64 of the Patents Act, 1970 deals with the ‘Revocation of patents’. A patent that has
been granted to an invention can be revoked by the Appellate Board in the following ways:
• on a petition filed by any interested person; or
• on a petition filed by the Central Government; or
• on a counter-claim in a suit for infringement of the patent by the High Court.

Grounds for Revocation of Patents

a) where an invention as claimed in a valid claim of earlier priority date which is included in the
complete specification of another patent;
b) where the patent application was filed by a person who is not entitled under the provisions of
the Act and was granted a patent on such application;
c) where the patent was wrongfully obtained and the rights of the petitioner or any person
under/through whom he claims, were contravened;
d) when the subject of a claim of the complete specification is not an invention within the meaning
of the Act;
e) where the invention that is being claimed is not new having regard to what was publicly known
or used in India before the priority date of the claim and also having regard to what was
published in any of the documents, whether in India or elsewhere;
f) where the invention that is claimed is obvious and lacks any inventive step, having regard to
what was publicly known, used or published in India, before the priority date;
g) where the invention is not useful;
h) where the invention and the method by which it is to be performed is not sufficiently and fairly
described by the complete specification.
i) where the scope of any claim is not defined properly or based on the matter which his not
disclosed in the specification;
j) where a false suggestion or representation was made to obtain the patent;
k) where the subject of any claim of the complete specification is not patentable under the Act;
l) the invention that is being claimed was secretly used in India before the priority date of the
claim;
m) where the information required under Section 8 has not been disclosed by the applicant of the
patent to the Controller or the information that has been furnished is false to his knowledge;
n) where any direction of secrecy passed under Section 35 has been contravened by the applicant
or made an application in contravention of Section 39 for the grant of a patent outside India;

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o) where the permission to amend the complete specification under Section 57 or 58 was obtained
by fraud;
p) complete specification does not disclose or mentions the wrong source or geographical origin of
biological material used for the invention;
q) Invention was anticipated having regard to the knowledge which was available within any local
or indigenous community within India or elsewhere

Infringement

Direct infringement:

➢ Direct infringement is a most common and obvious form of patent infringement. When a third
party without the permission of the patent holder: Commercially uses the invention.
Reproduces the invention. Import a protected idea/ invention in India. SellingSelling patented
inventions.

Literal infringement:

➢ Literal infringement is a type of direct infringement in which each and every element or
composition protected by either product or process patent is copied, in other words, a replica of
the original product is used, manufactured, sold or imported.

Non-literal infringement:

➢ Non-literal infringement is also recognised by the name of Doctrine of Equivalence. In this type
of infringement, the alleged invention has to pass through the “Triple Identity Test”. This means
when an invention is similar to the patented invention hence performing significantly the same
function, in the same way and producing the same result, may even differentiate in name, shape
or form, that invention will be said to have caused non-literal infringement of the previously
patented invention.

Indirect infringement:

➢ Indirect infringement occurs when a third party supports, contributes or promotes the direct
infringement. The infringement can either be accidentally or knowingly.

Induced infringement:

➢ Induced infringement involves wilful aiding of the infringing process, with or without any
intention to infringe. In either case, the infringer shall be held liable for infringement. The aiding
can be in the form of

Contributory infringement:

➢ Contributory infringement is a kind of indirect infringement in which the infringer sells or

supplies the parts of a product used exclusively to manufacture the patented products. The
infringer is held liable even if he doesn’t actively participate in the manufacturing process.

Wilful infringement:

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➢ Wilful infringement occurs when someone disregards the patent invention voluntarily. The
burden of proof in this case lies on the patent holder. The infringer can take the defence of legal
opinion thoroughly in writing. Three step process for willful infringement are:

Remedies & Penalties :

Remedies for patent infringement:

➢ Section 108 of Patent Act,1970 deals with the “Reliefs in suit for infringement”.

Injunction:

➢ In the context of patent infringement, an injunction is a court order that requires the infringing
party to stop making, using, selling, or importing the infringing product. It is a preventative
measure that aims to preserve the value of the patent and prevent further harm to the patent
holder. To obtain an injunction, the patent holder must prove that their patent is valid and that
it has been infringed upon by the defendant. Injunction is of three kinds:

Temporary Injunction:

➢ It is a kind of temporary remedy that is provided before the final verdict of the case. It is used to
preserve the status quo of the patent holder. Moreover, they are likely to succeed in their
lawsuit and will suffer irreparable harm if the infringing activity is allowed to continue. The
court should consider three factors before granting temporary injunction to the patent holder-

Permanent injunction:

➢ It is a kind of permanent remedy that is granted when the case is finally decided by the court. It
requires the infringing party to stop the infringing activity permanently. The court may also
award monetary damages, such as compensation for any profits that the infringing party has
made as a result of the infringing activity. To obtain a permanent injunction, the patent holder
must file a lawsuit and prove that their patent is valid and that it has been infringed upon by the
defendant.

Ex-parte injunction:

➢ An ex-parte injunction is a provisional remedy that is used in urgent situations and is granted
without a hearing. It is a powerful remedy for patent infringement, but it must be used with
caution, as it may result in harm to the defendant if it is later found to be unjustified. It is
typically used in urgent situations where the plaintiff needs immediate relief and there is not
enough time for a full hearing.

Damages:

➢ Damages is a remedy for patent infringement that compensates the patent holder for any harm
that they have suffered as a result of the infringing activity. Damages may be awarded in the
form of monetary compensation, such as compensation for any lost profits or other financial
losses that the patent holder has suffered. The main objective of damages is to compensate for
the loss or injury that happened to the plaintiff.

Penalties for Infringement patent:

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Section 118– of the Patents Act, a person is liable for the imprisonment which may extend to two years
or fine or both in the following cases:

• if any person fails to maintain the secrecy regarding the inventions relevant for the defence
purposes under section 35, or,
• if any person fails to maintain the secrecy regarding the inventions relevant for the defence
purposes under section 35, or,
• if any resident make an application for grants of a patent outside India without prior permission,
in contravention to section 39

Section 120– if any person falsely represents that any article sold by him is patented in India or is subject
to an application for patent in India then he shall be liable for a fine which may extend to Rs 1 Lakhs.

Section 121– if any person falsely uses the word ‘patent office’ for his place of business or in any
document issued by himself which mislead the belief of others then he shall be liable for imprisonment
which is extended to six months or fine or both.

Section 122-if the person fails or refuses or falsely furnishes the following:

• Any false information is given to the Central government under section 100 sub-section (5)
• Any false information is given to Controller under section 146
• He shall be liable for the fine which may extend to Rs 10 Lakhs.

Section 123 if any person who has restrictions on practice as patent agents under section 129
contravenes the provision then shall be liable for the fine which may extend for Rs 1 Lakhs for the first
time and Rs 5 Lakhs in case offence is repeated for the second time.

Section 124 if the company has committed any offence under this Act, then the person in charge of the
conduct of the business of the company will be liable under this provision.

Patent office and Appellate Board:

Patent office:

➢ The Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) generally
known as the Indian Patent Office, is an agency under the Department for Promotion of
Industry and Internal Trade which administers the Indian law of Patents, Designs and Trade
Marks
➢ Indian Patent Rules were amended in 2003, 2005, 2006, 2012, 2013, 2014, 2016, 2018, 2019 and
2020. The 2006 amendment of rules introduced reduced time lines and a fee structure based on
specification size and number of claims, in addition to a basic fee.
➢ The CGPDTM reports to the Department for Promotion of Industry and Internal Trade (DPIIT)
under the Ministry of Commerce and Industry and has five main administrative sections
• Patent Office
• Designs Registry
• Trademarks Registry
• Geographical indications Registry
• Rajiv Gandhi National Institute of Intellectual Property Management (NIIPM)

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Patent Information System

➢ The patent office is headquartered at Kolkata with branches in Chennai, New Delhi and Mumbai,
but the office of the CGPDTM is in Mumbai.
➢ The office of the Patent Information System and National Institute for Intellectual Property
Management is at Nagpur. The Controller General (CG), who supervises the administration of
the Patents Act, the Designs Act, and the Trade Marks Act, also advises the Government on
matters relating to these subjects.
➢ Under the office of CGPDTM, a Geographical Indications Registry has been established in
Chennai to administer the Geographical Indications of Goods (Registration and Protection) Act,
1999.
➢ The Indian Patent Office has 667 Group A Gazetted officers, out of which 526 Patent Examiners,
97 Assistant Controllers, 42 Deputy Controllers, 1 Joint Controller, and 1 Senior Joint Controller,
all of whom operate from four branches.

Officer' Cadre of Indian Patent Office :

1. Controller General Of Patents & Design ( equivalent to Secretary to Government Of India/

Payband Level 15)

2. Senior Joint Controller Of Patents & Design ( equivalent to Additional Secretary to

Government of India/ Payband Level 14)

3. Joint Controller Of Patents & Design ( equivalent to Senior Joint Secretary to Government of
India/ Payband Level 13)

4. Deputy Controller of Patents & Design ( equivalent to Joint Secretary to Government Of India/
Payband Level 12)

5. Assistant Controller of Patents & Design (equivalent to Deputy Secretary to Government of

India/ Payband Level 11)

6. Examiner Of Patents & Design ( equivalent to Under Secretary to Government of India/

Payband Level 10)

Applleate Board: THE PATENTS ACT, 1970

➢ Section 117: The Central Government shall determine the nature and categories of the officers
and other employees required to assist the Appellate Board in the discharge of its functions
under this Act and provide the Appellate Board with such officers and other employees .
➢ The salaries and allowances and conditions of service of the officers and other employees of the
Appellate Board shall be such as may be prescribed.
➢ The officers and other employees of the Appellate Board shall discharge their functions under
the general superintendence of the Chairman of the Appellate Board in the manner as may be
prescribed.

117A. Appeals to Appellate Board.

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(1) Save as otherwise expressly provided in sub-section (2), no appeal shall lie from any decision,
order or direction made or issued under this Act by the Central Government, or from any act or
order of the Controller for the purpose of giving effect to any such decision, order or direction.

(2) An appeal shall lie to the Appellate Board from any decision, order or direction of the
Controller or Central Government under section 15, section 16, section 17, section 18, section
19,section 20, sub-section (4) of section 25, section 28, section 51, section 54, section 57,
section 60, section 61, section 63, section 66, sub-section (3) of section 69, section 78, sub-
sections (1) to (5) of section 84, section 85, section 88, section 91, section 92 and section 94.

(3) Every appeal under this section shall be in the prescribed form and shall be verified in such
manner as may be prescribed and shall be accompanied by a copy of the decision, order or
direction appealed against and by such fees as may be prescribed.

(4) Every appeal shall be made within three months from the date of the decision, order or
direction, as the case may be, of the Controller or the Central Government or within such
further time as the Appellate Board may, in accordance with the rules made by it allow.

117B. Procedure and powers of Appellate Board.

➢ The provisions of sub-sections (2) to (6) of section 84, section 87, section 92, section 95 and
section 96 of the Trade Marks Act, 1999 (47 of 1999) shall apply to the Appellate Board in the
discharge of its functions under this Act as they apply to it in the discharge of its functions under
the Trade Marks Act, 1999.

117C. Bar of jurisdiction of courts, etc.

➢ No court or other authority shall have or, be entitled to, exercise any jurisdiction, powers or
authority in relation to the matters referred to in sub-section (2) of section 117A or section
117D.

117D. Procedure for application for rectification, etc.,

(1) An application for revocation of a patent before the Appellate Board under section 64 and
an application for rectification of the register made to the Appellate Board under section 71
shall be in such form as may be prescribed.

(2) A certified copy of every order or judgment of the Appellate Board relating to a patent under
this Act shall be communicated to the Controller by the Board and the Controller shall give
effect to the order of the Board and shall, when so directed, amend the entries in, or rectify, the
register in accordance with such order.

117E. Appearance of Controller in legal proceedings:

(a) in any legal proceedings before the Appellate Board in which the relief sought includes
alteration or rectification of the register or in which any question relating to the practice of the
patent office is raised;

(b) in any appeal to the Appellate Board from an order of the Controller on an application for
grant of a patent—

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117F. Costs of Controller in proceedings before Appellate Board.

➢ In all proceedings under this Act before the Appellate Board, the costs of the Controller shall be
in the discretion of the Board, but the Controller shall not be ordered to pay the costs of any of
the parties.

117G. Transfer of pending proceedings to Appellate Board.

➢ All cases of appeals against any order or decision of the Controller and all cases pertaining to
revocation of patent other than on a counter-claim in a suit for infringement and rectification of
register pending before any High Court, shall be transferred to the Appellate Board from such
date as may be notified by the Central Government in the Official Gazette and the Appellate
Board may proceed with the matter either de novo or from the stage it was so transferred.

117H. Power of Appellate Board to make rules.

➢ The Appellate Board may make rules consistent with this Act as to the conduct and procedure in
respect of all proceedings before it under this Act

Nature of Copyright :

What are the Salient Features of Copyright Act 1957 in India

➢ The Copyright Act of 1957, amended multiple times with the most recent amendment in 2012,
governs law in India. Here are some of the main features:

Types of Works Protected:

➢ The Act protects original literary, dramatic, musical, and artistic works, cinematograph films, and
sound recordings. This extends to cover books, music, paintings, photographs, movies, and
software.

Automatic Protection:

➢ Copyright protection is automatic and begins as soon as the work is created and fixed in a
tangible medium. No registration or publication is required, though registration can serve as
“prima facie” evidence in a court if a dispute arises.

Term of Protection:

➢ The Act provides protection for the lifetime of the author plus sixty years following their death.
For cinematograph films, photographs, posthumous works, anonymous works, and
pseudonymous works, the term of copyright is sixty years from the year following the work’s
publication.

Transfer of Rights:

➢ The Act provides provisions for the assignment and licensing of copyright.The rights can be
transferred by way of an assignment, license, or testamentary disposition.

Infringement and Penalties

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➢ The Act outlines what constitutes infringement and lays down penalties and remedies for the
same, which can include injunctions, damages, and account of profits.

Fair Dealing

➢ The Act allows for fair dealing of the copyrighted work for private use, criticism, review,
research, and reporting of current events.

Special Provisions for Software

➢ The Act provides special provisions for the protection of software, which can be rented or
licensed.

Rights of Broadcasting Organisations and Performers

➢ The 2012 amendments also included provisions to protect the rights of broadcasting
organisations and performers.

Automatic Protection

➢ As soon as the content is created and expressed in a tangible medium, it’s automatically
protected under copyright law. There’s no need to register or publish the work to obtain
protection, although registration can serve as prima facie evidence in court in case of disputes.

Transfer and Licensing

➢ This is often done through contracts, which can specify the terms and conditions, scope, and
duration of the use of copyrighted content.

Protection Duration

➢ Copyright protection generally lasts for the lifetime of the author plus 60 years. For anonymous
works, posthumous works, cinematograph films, photographs, government works, and
corporate authorship, copyright lasts for 60 years from the beginning of the calendar year
following the year in which the work was first published.

Infringement Consequences:

➢ If someone uses copyrighted content without the necessary permissions or beyond the scope of
a license, the owner can take legal action against them. The court may grant remedies such as
injunctions, damages, and in some cases, criminal penalties.

Fair Dealing

➢ The law allows certain uses of copyrighted content without the need for permission. These uses
include research, private study, criticism or review, and reporting current events, subject to
certain conditions.

Moral Rights

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➢ Even after selling their copyright, the creators retain moral rights over their work. This means
they have the right to claim authorship and to object to any distortion, mutilation, or
modification of their work that may harm their honour or reputation.

Subject matter of copyright: original literary, dramatic, musical, artistic works; cinematograph films
and sound recordings

➢ Copyright protects the rights of authors, i.e., creators of intellectual property in the form of
literary, musical, dramatic and artistic works and cinematograph films and sound recordings.

Who is an author: Ordinarily the author is the first owner of copyright in a work.

• In the case of a literary or dramatic work the author, i.e., the person who creates the work.
• In the case of a musical work, the composer.
• In the case of a cinematograph film, the producer.
• In the case of a sound recording, the producer.
• In the case of a photograph, the photographer.
• In the case of a computer generated work, the person who causes the work to be created.

Ownership of copyright:

▪ Literary Works (Excluding Computer Programs): This category encompasses many written
creations, from novels and poetry to essays, articles, and more.
▪ Musical Works: Musical compositions, including melodies, lyrics, and sheet music, fall under this
category.
▪ Artistic Works: Visual creations such as paintings, sculptures, drawings, and other artistic
expressions enjoy copyright protection.
▪ Cinematography Films: Copyright extends to films, ensuring the protection of audiovisual works.
▪ Sound Recordings: This category covers the audio recordings of music, speeches, and various
other sound-based creations.
▪ Computer Programs, Tables, and Compilations: Software, data compilations, and tables are
safeguarded by copyright, ensuring the protection of digital innovations.

What are the rights in a dramatic work:

✓ To reproduce the work

✓ To communicate the work to the public or perform the work in public
✓ To issue copies of the work to the public
✓ To include the work in any cinematograph film
✓ To make any adaptation of the work
✓ To make translation of the work.

What are the rights in an artistic work:

✓ To reproduce the work

✓ To communicate the work to the public
✓ To issue copies of the work to the public
✓ To include the work in any cinematograph film
✓ To make any adaptation of the work.

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What are the rights in a musical work:

✓ To reproduce the work

✓ To issue copies of the work to the public
✓ To perform the work in public
✓ To communicate the work to the public
✓ To make cinematograph film or sound recording in respect of the work
✓ To make any translation of the work
✓ To make any adaptation of the work.

What are the rights in a cinematograph film:

✓ To make a copy of the film including a photograph of any image forming part thereof
✓ To sell or give on hire or offer for sale or hire a copy of the film
✓ To communicate the cinematograph film to the public.

What are the rights in a sound recording:

✓ To make any other sound recording embodying it

✓ To sell or give on hire, or offer for sale or hire, any copy of the sound recording
✓ To communicate the sound recording to the public.

Term of protection:

Posthumous Publications:

➢ it is the publication of work after the death of its author. The term of copyright protection of a
posthumous publication subsists for a period of sixty years and unlike in others, here such
period is calculated from the date of publication.

Anonymous Publication:

➢ If the publication of the work anonymously, that is, publication when the author of such work is
unknown. The copyright term of an anonymous publication, as provided under Section 23 of the
Copyright Act, 1957, is also for a period of sixty years, calculated from the beginning of the
calendar year next following the year in which the work is first published.

Photographs:

➢ While Section 22 contains terms of copyright for all other works, the term for photographs has
been set out separately in Section 25 of the Act. This is in consonance with the Berne
convention, which also arrays separate terms for photographs and other works under Article 7.4
and Article 7.1 of the Berne Convention (Paris text) respectively. The Indian Copyright Act
provides for copyright in a photograph for a period of 60 years from the beginning of the
calendar year,

Cinematograph Films:

➢ Copyright of Cinematograph Films9 shall subsist until sixty years from the beginning of the
calendar year next following the year in which the film is published.

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Sound Recordings:

➢ Copyright of sound recordings10 shall subsist until sixty years from the beginning of the
calendar year following the year in which the sound recording is published.

government works:

➢ In the case of a Government work, where Government is the first owner of the copyright
therein, copyright subsists until sixty years from the beginning of the calendar year next
following the year in which the work is first published.

a public undertaking is the first owner:

➢ In the case of a work, where a public undertaking is the first owner of the copyright therein,
copyright subsists until sixty years from the beginning of the calendar year next following the
year in which the work is first published.

Copyright of work of an international organisation:

➢ In the case of a work of an international organisation to which the provisions of section 41

apply, copyright subsists until sixty years from the beginning of the calendar year next following
the year in which the work is first published.

Registration Procedure:

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Assignment and licence of copyright

Assignment of Copyrights:

➢ Section 18 of Copyrights Act The owner of the copyright of a work has the right to assign his
copyright to any other person. The effect of assignment is that the assignee becomes entitled to
all the rights related to the copyright to the assigned work.
➢ As per section 19, assignment of copyright is valid only if it is in writing and signed by the
assignor or his duly authorized agent. The assignment of a copyright in a work should identify
the work and specify kind of rights assigned and the duration and territorial extent of such
assignment

Types of assignments :

• Exclusive Assignment: This gives the assignee exclusive rights to the copyrighted work. The
assignee has the right to prevent any other person from exercising the assigned rights.
• Non-exclusive Assignment: This gives the assignee the right to use the copyrighted work non-
exclusive.
• Partial Assignment: This gives the assignee the right to use the copyrighted work for a specific
purpose, territory, or time.

copyright license:

➢ A copyright license is a contract between the copyright owner and the third party who wishes to
use the copyrighted work. Generally, a copyright license permits certain uses for a certain period
of time. The range of permitted uses may be broad or narrow; the time period may be limited or
expansive. A copyright licensing agreement can also be limited to only a certain territory or
jurisdiction.

Types of licenses in India are:

• Exclusive License: This gives the licensee exclusive rights to the copyrighted work for a specific
purpose for a specific time. The licensee has the right to prevent any other person from
exercising the same rights.
• Non-exclusive License: This gives the licensee the right to use the copyrighted work on a non-
exclusive basis. The copyright owner may grant the same license to more than one party.
• Limited License: This gives the licensee the right to use the copyrighted work in a specified
territory or for a specified use.
• Revocable License: The copyright owner can revoke this license at any time.

Infringement:

Copyright Infringement:

➢ The owner of a work is granted some rights under copyright rules, and by utilising those rights,
the owner is able to profit financially. Copyright is violated if any of these rights concerning the
work are exercised by anybody other than the owner without the owner’s consent or approval
from a competent authority as required by law.

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1. Primary Infringement:

➢ Primary infringement describes the actual act of duplicating the owner’s work. Using
photocopies of books to distribute them commercially is one example.

2. Secondary Infringement:

➢ A copyright is infringed only when an unauthorised individual copies a substantial portion of the
work. It deals with different types of trade, such as selling unauthorised publications, duplicating
a lyricist’s catchphrase, and so on.

Remedies & Penalties

1. Civil Remedies

I. Interlocutory Injunctions:

The most important civil remedy is the issuing of an interlocutory injunction since most lawsuits
begin with a request for interlocutory relief and because the majority of cases never move past
the interlocutory stage.

The following criteria must be met in order to award an interim injunction:

(1) A prima facie case;

(2) A balance of convenience; and

(3) Irreparable damage.

II. Pecuniary Remedies:

Sections 55 and 58 of the Copyright Act of 1957 provide monetary remedies for copyright
owners who experience issues with infringement. Damages that the victim has experienced
financially are known as pecuniary damages.

Account of profit is a legal action brought against the defendant to collect any profits he has
accrued due to the violation.

Compensatory damages: Compensatory damages are monetary awards made to an aggrieved

party to compensate for their losses.

Conversion damages: For the conversion of any unauthorised copies, the copyright holder is
entitled to get remuneration based on the worth of the work.

III. Anton Pillar Orders

Orders of this nature are extreme, and they have broad effects. These orders consist of the
following components:

An order prohibiting the defendant from disposing of or selling counterfeit products.

An order directing the defendant to disclose the names and addresses of suppliers and
customers.

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An order allowing the plaintiff’s solicitors access to the defendant’s premises so they can search
them and remove goods that are in their safe custody. In simple words, it is an order allowing
the plaintiff’s solicitors to search the defendant’s premises.

IV. Mareva Injunction:

It is an order that temporarily seizes a defendant’s assets, preventing them from violating the
judgement by selling them.

V. Norwich Pharmacal Orders:

Under these orders, the methods for finding information from third parties are used.

2. Criminal Remedies:

Punishment through imprisonment that may not be less than 6 months but may extend to 3
years. Fines shall not be less than Rs. 50,000 but may extend to Rs. 2,00,000. SearchSearch and
seizure of infringing goods.

Civil Remedies:

• Injunctions: One of the most common civil remedies, an injunction, can prevent the infringer
from further using, producing, or distributing the copyrighted work.
• Damages and Account of Profits:
• The court may order the infringer to pay damages for losses suffered by the owner as a result of
the infringement.
• Delivery of Infringing Copies: The court may order the infringer to deliver all infringing copies to
the owner.

Criminal Remedies:

• Imprisonment: The law stipulates imprisonment for a term which shall not be less than six
months but which may extend to three years.
• Fine: The infringer may also be liable to a fine ranging from INR 50,000 to INR 200,000.
• Search and Seizure: The police have the power to seize without a warrant, all copies of the work
suspected to be infringing, as well as the plates used for making infringing copies.

3. Administrative Remedies:

When an infringement occurs through an importation (bringing of goods into a country from
abroad for sale), administrative remedies provide petitioning the Registrar of Copyrights to
impose a restriction on the import of infringing copies into India and delivering the confiscated
infringing copies to the copyright owner.

Related Rights :

➢ Related rights are the rights related to copyright, that have their special subject matter of
protection, which is mainly related to copyright works. These rights are called the rights related
to copyright or simply related rights, or the rights neighbouring to copyright or simply
neighbouring rights.

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Copyright and Related Rights Act, related rights are:

✓ right of performers in their performances;

✓ right of producers of phonograms in their phonograms;
✓ right of audio-visual producers in their videogames;
✓ right of broadcasting organisations in their programme signals;
✓ right of publishers of press publications in their press publications;
✓ right of producers of non-original databases in their non-original databases;
✓ right of publishers in their written editions.

Rights of the copyright owner:

Right of Reproduction:

➢ This is the most prominent right which is acquired after the copyright protection. This right
authorizes the person having such copyright to make copies of the protected work in any form.
In the modern context copying, a song on a Compact Device or any sound and visual recording
can be considered as a reproduction of the content. Prior to copying the permission of the
author is required unless it can be shown that such copying is not intended to make any
commercial benefits out of it.

Right to Distribute:

➢ Right to distribute is an off-shoot of the right of reproduction. The person who owns the
copyright owner may distribute his work in any manner he deems fit. The owner is also entitled
to transfer the whole or some rights in favor of any other person while retaining others. For
example, he can entitle any person to translate his work.

Right to make Derivative Works:

➢ The copyright has the right to use his work in various ways, for instance making adaptations or
translations. One example of adaptation is making a movie based on a novel, so here to make
any derivative work the consent of the owner is mandatorily required. In these situations,
certain other rights of the owner also come into play, like the right to integrity which protects
the owner against deformation, defacement or modification of his work in a way that it is
harmful for his reputation.

Right to Publicly Perform:

➢ The owner of the copyright has the right to publicly perform his works. Example, he may
perform dramas based on his work or may perform at concerts, etc. This also includes the right
of the owner to broadcast his work. This includes the right of the owner to make his work
accessible to the public on the internet. This empowers the owner to decide the terms and
conditions to access his work.

Right to Follow:

➢ This right is granted generally only to the authors and artists. This empowers the authors to
obtain a percentage of the subsequent sales of his work and is called Droit de Suite or Right to
Follow. The right is also available to artists on resale of their work.

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Right of Paternity:

➢ The Right of Paternity or Attribution gives the copyright owner a right to claim authorship of the
work. Under the Right of Paternity a copyright owner can claim due credit for any of his works.
Thus, if a movie is produced based on a book by an author, and he hasn’t been given due credit
in it, he can sue the makers to acknowledge his work.

Sui Generis Rights;

➢ The ordinary copyright law often fails to protect the computer software and databases since the
essential element of creativity is not present in such databases. Therefore, there was a need for
new law to protect such software and databases. The law of sui generis was introduced to
resolve the problem of resolving databases on the whole. A database is a compilation or
arrangement of information which may not be creative; it may still require protection from
unauthorized copying.

Private Copying:

➢ This is an exception to the reproduction rights which are attained by the owner. According to
this right, any person can make copies of the copyright protected work if it is proved that such
copying is for educational purpose and that there is no commercial motive behind such copies
being made.

Distinction between related rights and copyrights.:

Copyright:

➢ Copyright is a set of non-property and property rights of authors and their inheritors associated
with the creation and use of works of science, literature and art.

Copyright objects are:

• literary written works of fiction, publicistic, scientific, technical or other character;

• performances, lectures, speeches, sermons and other oral works;
• computer programs;
• databases;
• musical works with text and without text;
• dramatic, musical-dramatic works, pantomimes, choreographic and other works created for
stage performance and their staging;
• audio-visual works;
• works of fine arts;
• works of architecture, town planning and landscape art;
• photographic works, including works performed in ways similar to photography;
• works of applied arts;

Related Rights:

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➢ Related Rights is the rights of performers, producers of phonograms and video grams and
broadcasting organizations.

Related rights objects are:

• performance of literary, dramatic, musical, musical-dramatic, choreographic, folklore and other

works;
• phonograms, videogames;
• broadcasts (programs) of broadcasting organizations

Benefits of Copyright Registration:

❖ Safeguarding the Owner: Copyright registration provides copyright owners exclusive rights over
their work, encompassing reproduction, distribution, adaptation, dissemination, and translation.
❖ Legal Protection: Creators benefit from legal protection, ensuring their work cannot be
reproduced without proper authorization.
❖ Enhancing Brand Value: A registered copyright serves as proof of ownership, allowing creators
to use it for marketing purposes and contributing to goodwill creation.
❖ Global Reach: Copyright protection extends internationally. If a work is copyrighted in one
country, it enjoys similar privileges in other countries, including India.
❖ Copyright as an Asset: Copyright is considered an intellectual property asset, making it an
intangible resource that can be sold or licensed, adding economic value.
❖ Owner Visibility: Copyright registration raises the work profile, making it accessible worldwide
and searchable in copyright registries. It also prevents unauthorized use of the work once
registered.
❖ Economic Stability: Copyright registration promotes economic stability, enabling creators to
reproduce and monetize their art in various forms, contributing to their financial well-being.

Legal Rights of a Copyright Owner:

➢ Claiming Authorship: You can claim authorship of your published work, asserting your paternity
over the creation.
➢ Reproduction and Storage: The owner can reproduce the work in any tangible form and store it
in any medium through electronic means.
➢ Control Over Publication: You can decide where and where not to publish your work, exercising
the publication right.
➢ Public Performance and Communication: The owner may publicly perform or communicate the
work to the public. You also have the authority to create translations or adaptations of the
original work.
➢ Protecting Reputation: In case of any potential harm to your image or reputation, you have the
right to take necessary preventive actions.
➢ Selling or Transferring: The owner can sell or transfer the copyright, granting others the rights
to use, reproduce, or adapt the work as specified in the transfer agreement.

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Module 4: Trade Marks & others:

Concept of Trademarks - Different kinds of marks (brand names, logos, signatures, symbols, well
known marks, certification marks and service marks) -Non-Registrable Trademarks - Registration of
Trademarks - Rights of holder and assignment and licensing of marks - Infringement, Remedies &
Penalties - Trademarks registry and appellate board. Plant Variety Protection & Layout Design
Protection: Registration procedure

Concept of Trademarks :

➢ A trademark is any word, name, symbol or device used to identify and distinguish goods and/or
services from those of others. Trademarks also indicate the source of the goods, even if that
source is unknown to the consumer.
➢ A trademark exclusively identifies a product as belonging to a specific company and recognizes
the company's ownership of the brand.

Essential Features of Trade Mark:

✓ It should be distinctive descriptive

✓ TM should preferably be an invented word.
✓ It should be easy to pronounce and remember if it is word mark.
✓ In case of a device mark -should be capable of being described by a single word.
✓ It was be easy to spell correctly and write legibly.
✓ It should not be descriptive.
✓ It should be short.
✓ It should not belong to the class of marks prohibited for registration.
✓ It should satisfy the requirements of registration.

Functions of Trade Mark:

• A trademark serves the purpose of identifying the source or the origin of goods.
• It identifies the product and it’s origin.
• It proposes to guarantee its quality.
• It advertises the product.
• The trademark represents the product.
• It creates an image of the product in the minds of the public particularly the consumers or the
prospective consumers of such goods.

Importance of Trademark Registration:

▪ Valuable Assets
▪ Protection to your Brand
▪ Provides Uniqueness to Brand
▪ Easy Communication tool
▪ Easy for customers to find
▪ Trademark is forever

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Different kinds of trademark marks:

1. Word Marks

➢ Word Marks are the most common types of trademarks that are registered in India. These refer
to any marks that are used to identify the products and services of a trading company or service-
providing company. If the name of your product or service is text- based (contains text only) it
will be registered under Word Marks.
➢ For Example - The word Nestle® is a registered as a Word-Mark.

2. Service Marks

➢ Service Marks represent the service which a company or business deals in. They distinguish
different services available in the market and is filed under trademark classes 35-45.
➢ For example - FedEx is a registered courier delivery service provider.

3. Logos and Symbols

➢ A logo is a printed/painted figure/design/character and do not consist of any

letters/words/numerals. For word marks that are also used as a logo, the trademark needs to be
registered both as a word mark and a device marks. In India, the registration for both these
aspects can be made in a single applicable product
➢ For example - Apple has a registered logo which is used on each of their products.

4. Shape of Goods

➢ The shape of goods are categorized in Trade Dress (appearance of a product) wherein, other
than a logo or label a product can also be distinguished based on its packagisiz
➢ For example - The bottle of Coca-Cola is distinguished from other brands on the basis of its
bottle's shape.

5. Series Marks

➢ Service marks are trademarks which have a common syllable, prefix or suffix, thus denoting as a
family of marks sharing a 'common name.' They should differ only as to matters of non-
distinctive characters(goods, price, quality or size).
➢ For example - McDonald's have a series of 'Mc' registered as word mark which represents their
different product range such as Mc Chicken, Mc Veggie etc.

6. Collective Trademarks

➢ These marks are linked with a group of people and not one single product or service. These
trademarks are primarily owned by an organization, institutes or any association. They can be
used by members of the organization to represent them as one the part.
➢ For Example - A chartered accountant can use the “CA" device as he is a registered member of
the Institute of Chartered Accountants.

7. Certification Mark

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➢ The certification mark is created to show a specific quality standard that the company has met.
This means that the public will be aware that the trader's goods or services are certified as it has
met a particular standard, as defined by the certifying body that owns the certification mark.
➢ For Example - FSSAI - Certification for the quality of packaged food products.

8. Geographical Indicators

➢ A geographical indication is used on products to show the unique nature, reputation and quality
the products possess based on the place of origin.
➢ The Geographical Indicators are awarded by the GI Registry and is granted to natural,
agricultural, manufactured and handicraft products that come from a specific geographical
origin.
➢ For Example -Darjeeling Tea is a GI under the Intellectual Property Rights.

Brand names:

Acronymic Brand Names

➢ A common type of brand name are acronymic ones, for good reason, especially in business-to-
business settings or in rebranding projects that might previously have been using long or
confusing names. Here are some examples of acronymic brand names: IBM, BMW

Geographical Brand Names

➢ Another type of brand name that you can use is a geographic brand name. If your business is
connected to a specific geographical place and it shares strong ties to that birthplace, then a
geographical brand name might be the right one for you. New York Times, Copenhagen
Grooming, and Tiger of Sweden.

Descriptive Brand Names

➢ These are brand names such as Bank of America or General Motors. Descriptive brand names
are describing the offer by a company and, due to this, they are often unremarkable. They can
be very useful and leave less room for misinterpretation and like most names gives a larger
organization a clear objective. For example, Ameribanksy might not be a cultural fit for the Bank
of America brand

Evocative Brand Names

➢ Compared to descriptive brand names, evocative names are more unique and, if you plan on
gaining considerable brand awareness, can give you plenty of upside. They give the viewer and
listener an information gap that they themselves need to fill. For example, these are some
evocative brand names: Apple, Amazon, and Nike.

Invented Brand Names

➢ If you find yourself in a situation where you really want to stand out from the crowd, an
invented brand name might be the right way for you to go. Sometimes novelty makes the
message stick and positions your brand better than what another type of brand name would.
Some invented brand names are: Verizon, Google, and Exxon.

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Lexical Brand Names

➢ Lexical brand names use playful wording to form company names. These types of brand names
can combine sounds and meaning, and can be used in a number of different ways. You can mix
different words up and spell words the wrong way. Like our name for example, Storisell, would
maybe in a perfect world be spelled Story Sell, but by adding an “i” we make it a little more
unique.

Founder Brand Names

➢ In some instances it makes sense to create founder-based brand names. It could be due to a
familial connection, previous well-known experience that a founding member or members have,
or, just simply, that you want to. Here are some types of founder brand names: Ralph Lauren,
Ford, and IKEA. You
• Acronym Names – IBM, IKEA, BMW, BP
• Invented Names – Verizon, Google, Exxon
• Evocative Names – Apple, Amazon, Nike
• Descriptive Names – Bank of America, General Motors
• Lexical Names – Storisell, Dunkin’ Donuts, Krispy Kreme
• Founder Names – Ralph Lauren, Ford, IKEA
• Geographical Names – New York Times, Copenhagen Grooming, Tiger of Sweden

Logos:

➢ logos are symbols with a combination of text and images that helps a user or customer identify
brands and differentiate between companies.
➢ A logo is a visual representation of a brand, company, or organization. It serves as a unique
identifier and symbol that conveys the essence of the company and communicates with its
target audience. Logos use graphics and typography in their designs, and are often created with
logo creation programs such as Adobe Illustrator or Photoshop.

➢ A logo is a key component of a company’s brand strategy, and often appears on its website,
marketing materials, packaging, and other collateral materials.

characteristics of logo:

✓ Simplicity: should be simple

✓ Differentiation: Identifying one brand from another
✓ Relevancy: Creating a logo that’s appropriate to the industry
✓ Memorability: Design a logo that people remember
✓ Scalability: Creating an icon that’s effective small & large
✓ Versatility: Allowing for complete flexibility
✓ Legibility: Can you read the company name
✓ Quality of Execution: Is the logo artwork perfect

Types of Logo:

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Signatures:

➢ A signature is a symbolic and essential representation of one’s identity. Signature of a person

holds a very significant place in the field of law as well as while carrying out transactions. When
a person signs a particular document, it means that such a person has read the whole document
carefully, has verified the facts and is aware of the contents of the document and therefore is
giving his assent to the best of his knowledge.
➢ Digital signatures on the other end are more safeguarded and cannot be easily tampered with.
In case there are any changes made to the document and are sent back to the original signee,
the digital signature shows as invalid signature. As compared to the electronic signature, the
individual has a separate passkey that is passed only from the signee to the original recipient
➢ Electronic Signature is more of an assent on the given document without asserting the validity
of the contents of the same. It could also refer to the image affixed in the document as simple as
an Image to asset the given content or to display that the given party has given their consent to
the same. It can be easily tampered or easily misconfigured as compared to the digital signature.
➢ Electronic signatures, or e-signatures, collect information that validates the identity of the
people signing the document. Depending on the document, organizations need to consider the
following when using e-signatures:
• Authenticity: Uniquely links the signature to the person
• Identity: Identifies the signatory as a real person
• Integrity: Protects the document from unauthorized changes
• Authentication: Validates that the signatory is definitely who they say they are

UNCITRAL Model Law on electronic signatures 2001:

➢ The purpose of UNCITRAL Model Law on Electronic Signatures 2001 provides the following
statement which signifies the importance of electronic signature.

Electronic Signature:

Sec 2 (ta) of Information Technology Act 2000 had defines electronic signature as:

“Authentication of any electronic record by a subscriber by means of the electronic technique

specified in the second schedule and includes digital signature.”

Types of electronic signature:

Unsecured Signature:

➢ Since Electronic Signature is more of an unsecured type of signature, there are affixations that
are marked in the end for reference. However, as stated earlier, they can be easily tampered
and not provide much of the focus on the authenticity of the Identity.

Following are the types of Electronic Signature:

1) Email Signature– Just merely typing one’s name or symbol in the end of an email or sending a
message on letterhead, they can easily be forged by anyone else.

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2) Web Based Signature– In many organizations, the Company dons many hats with regards to
activities conducted in the Organizations, this may make the organization fall for Web-based
click wrap contracts in which the acceptance is made merely by clicking a single button. Such
signatures bind the party even if they were conned fraudulently

Secured Signature:

Digital Signature:

➢ According to section 2(1)(p) of the Information Technology Act, 2000 digital signature means the
authentication of any electronic record by a person who has subscribed for the digital signature
in accordance to the procedure mentioned under section 3 of the same act.

Section 5 of the Information Technology Act, 2000 gives legal recognition to digital signatures.

Usage of Digital Signature:

1) Personal Use- It is at the liberty of the individual to use the signature personally without
creating the hassle to personally be at the given place.

2) Business– Professions such as Architecture, Construction and Engineering Companies require

to sign the tenders, market procurements or even biddings, Digital signature can prove to be a
great way to provide the assent.

3) Return filing for GST– GST filing and E-filing causes the individuals to compulsory opt for
Digital Signatures.

4) Filing for Income Tax– Some corporations require the business to file the tax all over India,
thus saving the light of the day.

5) For ROC E-filing– Filing with registrar of Companies and filing for various documents has
caused enough leverage for individuals to opt for Digital Signature.

Symbols:

➢ A symbol is a mark, sign, or word that indicates (implies) or is understood as representing an

object, idea, or relationship.
➢ A symbol is a sign, shape, or object that is used to represent something else.
➢ A symbol is a letter, figure, or other character or mark or a combination of letters or the like
used to designate something.

Well known marks:

➢ A well-known trademark is a mark that is widely recognized by the general public and is
associated with a popular company or brand. These trademarks are often known as “famous”
trademarks and enjoy a higher degree of protection under the Trademark Act, when compared
to regular registered marks.

Major Benefits of Well-Known Trademark

• Legal Protection.

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• Enhanced Legal Protection.

• Increased Business Value.
• Expansion Opportunities.
• Competitive Advantage.
• Marketing and Advertising Benefits.
• Attraction of Quality Employees.
• Partnership Opportunities.

Certification marks :

➢ A certification mark on a commercial product or service is a registered mark that enables its
owner to certify that the goods or services of a particular provider have particular properties
➢ A Certification Mark (also sometimes called as the Conformity Mark, or a Mark of Validity or
Assurance) is a specific mark on a commercial product, indicating that the manufacturer of the
product has tested and verified strict compliance with certain prescribed quality standards while
manufacturing the product

Types of Certificate marks in India:

BIS Hallmark:

➢ Issued by the Bureau of Indian Standards (BIS), this BIS Hallmark certification is a hallmarking
system for the certifying the purity and standard of precious metals like gold and silver and
jewelries of these in entire India. This BIS hallmark has been in use since 2000 for gold and its
jewelries, and since 2005 for silver and its jewelries. Here, it may be noted that BIS is the
national standards organization of India.

AGMARK:

➢ Agmark certification mark is exclusively used for various agricultural products in India, and
fortifies that those products duly and strictly conform to a certain set of related standards. This
certification mark is issued by the Directorate of Marketing and Inspection, Govt. of India, and
has been in legal force as per the Agricultural Produce (Grading and Marketing) Act of 1937
(including amendment in this in 1986).At present, the AGMARK standards cover quality

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guidelines for 213 different agricultural goods and commodities which encompass diverse
pulses, vegetables and fruits, cereals, vegetable oils, essential oils, and some semi-processed
products like Vermicelli. In addition to the 'Central AGMARK Lab' located in Nagpur, there are
State-owned Agmark laboratories in 11 nodal cities across India.

ISI Mark:

➢ This ISI certification mark is mandatory for various standard industrial products, and has been
effective since 1955. This ISI mark also is issued by the Bureau of Indian Standards (BIS), and
certifies that the concerned product strictly conforms to a well-devised set of standards laid by
BIS.

FPO Mark:

➢ Issued by the Ministry of Food Processing, and in legal force since 1955, this FPO certification
mark is used for various 'Processed Fruit Products' such as packaged fruit beverages, pickles,
fruit extracts, fruit-jams, dehydrated fruits, crushes and squashes, and so on. Following the
Food Safety and Standards Act of 2006, this FPO mark certifies that the concerned product has
been processed in a truly hygienic 'food-safe' environment, and is therefore, not harmful to
people's health.

Non-Polluting Vehicle Mark:

➢ This non-polluting vehicle mark is a statutory certification mark necessary for all new motor
vehicle sold in entire India, the validity of which is for one year only. This non-polluting
certification mark ensures that the related vehicle does conform to the relevant version of the
Bharat Stage Emission Standards. Here, it may be noted that the certification issued to a used
motor vehicle is PUC (Pollution Under Control) Certificate.

India Organic:

➢ A product bearing this India organic certification mark meets specifications given in the
National Standards for Organic Products of 2000. Exclusively used on various organically farmed
food products, this India organic certification is issued by the testing centers accredited by
APEDA (the Agricultural and Processed Food Products Export Development Authority), under
the National Program for Organic Production, Govt of India. Here, it may be noted that the
Organic farming is the farming which does not make uses of chemicals, pesticides, fertilizers,
etc.

Eco Mark or Eco mark:

➢ Employed since 1991, this eco mark certification is also issued by BIS, and are required for the
eco-friendly products. A product bearing this Eco mark certification assures that the product
strictly follows a set of certain standards which is aimed at minimizing adverse impact on the
eco system, in addition to spreading environmental awareness amid consumers.

Marks or Labels bearing Legal Status in India:

Toxicity Label:

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➢ Used mandatorily on the containers of various pesticides sold in India, this label indicates the
level of toxicity of the concerned pesticide in four levels.

Vegetarian & Non-Vegetarian Marks:

➢ These Vegetarian Mark (green dot symbol) and the Non-Vegetarian Mark (Brown dot symbol)
are legally prescribed for use on the respective packaged food products, to help distinction
between those.

Promotional Marks with No Legal Status in India:

Silk Mark:

➢ Certified by the 'Silk Mark Organization of India', this silk mark ensures that the concerned piece
of textile is pure silk.

Ayush Mark:

➢ This ayush mark, promoted by the Department of Ayush, is advisable on herbal products.

Geographical Indication Marks:

➢ Introduced since 2003,these geographical indication marks indicate the geographical origins of
the related products. For example, Darjeeling Tea certification mark which is produced in
Darjeeling; Basmati marks produced in certain Indian locations.

Service marks:

✓ A service mark is a brand name or logo that identifies the provider of a service. A service mark
may consist of a word, phrase, symbol, design, or some combination of these elements.
✓ The service mark symbol ℠ (the letters ⟨SM⟩ in small capitals and superscript style), is a symbol
used in the United States and some other jurisdictions to provide notice that the preceding mark
is a service mark.
✓ Service marks are a form of intellectual property and are considered an intangible asset that is
provided for the benefit of another.
✓ A service mark can carry the standard registered symbol ® if federally registered, while ℠ is used
prior to registration.

Non-Registrable Trademarks :

➢ The marks that are not distinctive enough from other marks and which cannot be registered as a
trademark are called Non-Registrable marks. This means that the mark has failed to
differentiate itself from other goods and services. Hence, trademark registration cannot be
obtained for non-registrable marks.

Examples of Non-Registrable Marks:

• Marks that cannot be accepted according to the law of Trademark Act.

• Marks that mislead or tends to cause confusion to the public.
• Marks consist of subject matter that hurt the religious senses of any class or sections of the
Indian citizens.

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• Marks that contain improper or vulgar subject matter.

• Marks that are banned under the Emblems and Names of Prevention of Improper Use Act, 1950.
• Marks of the goods whose shapes are directly obtained from the nature of the goods.
• Marks of the goods whose shapes are important to acquire a technical result.
• Marks that are similar in identity to another good or product.

Registration of Trademarks :

➢ Registrable marks are those marks that can be represented graphically and marks that are
capable of distinguishing itself from other person’s goods and services. Registrable marks
according to the TRIPS agreement states that “any sign, or any combination of signs, capable of
distinguishing the goods or services of one undertaking from those of other undertakings, shall
be capable of constituting a trademark”.

Examples of Registrable Marks:

• A name of a product that is not unusual for a trade to consider it as a mark. This includes a
personal name or a surname of an applicant or predecessor in business or a company name or
the signature of the person.
• The invented word or words of a mark should neither be in a direct descriptive of the character
nor be the quality of the goods and services.
• A mark can be in a combination of letters or numbers.
• The mark can use fancy devices or symbols.
• Symbols can be represented as monograms.
• Combination of multiple colours or a particular colour can be combined with a word or device.
• Considering the shapes of the goods or the specific way in which the goods are packaged.
• Those marks forming a 3-dimensional sign.
• Sound marks that can be represented in a standard system or can be described in words for its
graphical representation.

Rights of holder:

1. Right to exclusive use

2. Right to seek statutory remedy against an infringement

3. Right of registered trademark holder of identical

trademark

4. Right to assign

5. Right to seek correction of registered trademark

6. Right to alter registered ttrademar

Assignment and licensing of marks :

Assignment under TM Act 1999:

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➢ Sec 2 (1) (b) "assignment" means an assignment in writing by act of the parties concerned. A
mark may be assigned or transferred to another entity in any of the following manners:

Complete Assignment to another entity

➢ The owner transfers all its rights with respect to a mark to another entity, including the transfer
of the rights such as right to further transfer, to earn royalties, etc.

Partial Assignment

➢ The transfer of ownership is restricted to specific product or service only. The owner may retain
the right to further transfer, to earn royalties etc.

Assignment with goodwill

➢ This is an assignment where the owner transfers the rights and value of the trademark as
associated with the product it sells;

Assignment without goodwill

➢ This is an assignment where the owner restricts the assignee to use trademark for the products
he uses it for. This means that assignor & assignee both can use the same trademark but in
dissimilar goods or services

Trademark licensing/Registered Users

Sec. 2 (1)(x) "registered user" means a person who is for the time being registered as such
under section 49.

Registration as registered user: A person other than TM owner may be registered as registered
user. Application to the Registrar jointly by licensor and licensee. Copy of the agreement
between by licensor and licensee need to be attached.

The grant clause that includes the trademarks licensed, geographical territory, term of the
agreement etc. should be clearly laid down. Any other restrictions/conditions imposed by the
proprietor.

Infringement:

➢ Trademark infringement is the unauthorised use of a trademark, often leading to confusion

about the source of goods or services. Companies can achieve brand recognition and value
through their trademarks as they distinguish their products or services.

Types of Trademark Infringement

1. Direct Infringement

Unauthorized Use: The infringement of a trademark only occurs when a person uses the
trademark without the owner’s permission. If it is used with the owner’s knowledge, then it is
not a violation.

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Identical or Deceptively Similar: If the used trademark is the same as the registered trademark
or consumers are confused between the marks and think they are the same.

Registered Trademark: The Act only protects the trademark registered under India’s trademark
registry. If there is an unauthorised use of an unregistered trademark, the passing off law will be
employed. A claimant must demonstrate goodwill, misrepresentation, and damage to their
reputation to establish a case.

Class of Goods or Services: Unauthorized use of the trademark for the propagation of goods or
services must come under the same class of unregistered trademark.

2. Indirect Infringement

Vicarious Infringement: When a person controls the infringement done by the direct infringer, it
comes under vicarious infringement.

Contributory Infringement: When a person knowingly provides assistance, support, or

contributes to the infringing activities of the direct infringer, it is a contributory infringement.

What are the Grounds of Infringement:

Identity with a Registered Mark: Infringement occurs if an unregistered mark is identical to a

registered one for the same class of goods and services.

Likelihood of Confusion: If an unregistered mark is similar to the infringed mark, causing

confusion among consumers.

Similarity to a Mark with Reputation: Infringement is established if the unregistered mark

resembles a registered trademark with a recognised reputation in the market.

Unauthorized Use on Labelling or Packaging: If the registered trademark is used on labelling or

packaging without proper authorization, it is an infringement.

Unfair Advantage in Advertising: If the registered trademark is used in advertising to gain an

advantage detrimental to or against the trademark’s reputation.

Remedies & Penalties :

Civil Remedies:

Injunctions:

Temporary Injunction: A court order immediately stopping the infringer from using the
trademark until the lawsuit concludes.

Permanent Injunction: A long-term court order prohibits the infringer from using your
trademark.

Damages: Compensation for financial losses or reputational damage suffered due to the infringement.
This can include:

Actual Damages: Reimbursement for quantifiable losses, like lost sales or profits.

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Additional Damages: Compensation for intangible harm, like goodwill or brand reputation
damage.

Account of Profits: An order requiring the infringer to disclose and surrender all profits earned
through the infringing use of your trademark.

Criminal Remedies:

Imprisonment: The infringer can be jailed for at least 6 months, extendable to 3 years.

Fine: The infringer can be fined a minimum of Rs. 50,000 and up to Rs. 2,00,000.

Trademarks registry and appellate board:

ESTABLISHMENT OF THE APPELLATE BOARD:

➢ According to section 83 of the Indian Trademarks Act, the Central Government shall, by
notification in the Official Gazette, establish an Appellate Board to be known as the Intellectual
Property Appellate Board to exercise the jurisdiction, powers, and authority conferred on it by
or under this Act.
➢ The Intellectual property appellate board came into existence on 15th September 2003. Its
headquarters is in Chennai and has sittings in Chennai, Mumbai, Kolkata, and Ahmedabad.

PURPOSE OF THE APPELLATE BOARD:

➢ The Intellectual Property Appellate Board was constituted to hear appeals from the orders
passed by the registrar under the Trademarks Act, the Geographical Indications of Goods
(Registration and Protection) Act, and from the decisions, orders or directions made by the
Patent Controller under the Patents Act.

COMPOSITION OF THE APPELLATE BOARD:

• The Appellate Board constituted under the Trademarks Act consists of three types of members:
the chairman, the vice-chairman, and other members who are nothing but the technical and
judicial members. The other members are appointed by the Central government as it deems fit.
• A person cannot be appointed as the chairman unless he was or is the High Court judge or was a
Vice-Chairman for a period of two years.
• He is appointed for a period of five years or until he becomes 65 years old. He gets to decide
whether a matter comes within the purview of a bench or not.
• He has the option to act as the chairman of any other bench apart from the bench to which he is
appointed.
• He can transfer one member from one bench to another and authorize a member to act as a
member of another bench along with the bench to which he is appointed.
• When there is a difference of opinion among the members regarding a matter, they refer it to
the chairman along with the points on which they differ.
• The chairman deals with this situation in two ways. He either decides on the matter himself or
he directs it to other members.
• When it is directed to the other members, the decision with respect to the subject matter is by
the majority.

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• This is inclusive of the members to which the matter is directed and the member who have
initially heard the case.
• The other officers who are appointed by the Central government work under the
superintendence of the chairman.
• When a person makes an application for the transfer of a case from one bench to another, it is
the duty of the chairman to send a notice to the other party and hear people at his discretion.
• The chairman also has the power to transfer a case from one bench to another on his own.
• When a chairman dies or resigns, temporarily the vice-chairman acts as the chairman until a
new chairman is appointed according to this act.
• The senior-most member acts as the chairman when the vice-chairman is absent until a new
chairman is appointed. When a chairman is absent or ill, the vice-chairman of

RESIGNATION OR REMOVAL OF THE MEMBERS:

• The members of the appellate board/bench can resign by giving notice to the President and he
shall be deemed to have vacated the office after the expiry of three months from the sending of
the notice.
• The member can vacate the office before the expiry of the said period if the President allows it
or if a new person is appointed to fill the post.
• None of them can be removed before the expiry of their term except by an order of the
President on the basis of proved misbehaviour or incapacity by a judge of the Supreme Court.
• This must be done only after informing the member of the charges against him and providing
him with a reasonable opportunity of being heard.

FUNCTIONS OF THE APPELLATE BOARD:

• When a person is aggrieved by the order of the registrar, he shall file an appeal within three
months of the passing of the order before the board.
• The board can hear cases after the expiry of the said period if there is sufficient and reasonable
cause for not being able to file for an appeal before the specified time.
• The appeal must be filed in the prescribed form and manner along with a copy of the order
against which the appeal is filed.
• An application can be filed for the rectification of the register under sec 57 of the Act and when
the board passes an order regarding this, the certified copy of the order is communicated to the
registrar.
• The registrar gives effect to the order by amending or rectifying the contents in the register.

POWERS OF THE APPELLATE BOARD:

• The board is not bound by the rules of the civil procedure code.
• It is bound by the principles of natural justice and has the power to regulate its own procedure
like deciding the time and place of the meeting.
• It shall have the same power like that of a court trying a suit under the civil procedure code like
receiving evidence, examining the witness, requisitioning any public record etc.
• The proceeding before this board is deemed to be a judicial proceeding and the board is
considered to a civil court.

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• After the constitution of this board, no other court has the jurisdiction to try cases that come
under the purview of this board.
• No interim order can be passed by the court unless the copy of the order against which appeal is
initiated and the documents in support of the claim for the interim order is provided.

Plant Variety Protection & Layout Design Protection:

Plant Variety Protection:

➢ In India, the Plant Variety Protection And Farmers Rights (PPVFR) Act, 2001 is a sui generis
system that aims to provide for the establishment of an effective system for protection of plant
varieties and the rights of plant breeders and farmers.
➢ A certificate of registration for a variety issued under this Act confers an exclusive right on the
breeder or his successor, his agent or licensee, to produce, sell, market, distribute, import or
export the variety. Application for registration of plant varieties can be made in the office of
Registrar, PPV & FRA, New Delhi.

Registrable Plant Varieties in India:

The following types of plant varieties can be registered under PPVFR Act, 2001:

New varieties

Extant variety

Farmers’ variety

Essentially derived variety

A new variety shall be registered under PPVFR Act, 2001 if it conforms to the criteria of novelty,
distinctiveness, uniformity and stability.

Non- Registrable Plant Varieties in India:

✓ Any variety where prevention of commercial exploitation of such variety is necessary to protect
public order or public morality or human, animal and plant life and health or to avoid serious
prejudice to the environment.
✓ Any varieties that involves any technology which is injurious to the life or health of human
beings, animals or plants. The expression “any technology” includes genetic use restriction
technology and terminator technology.
✓ Variety belonging to the species or genera which is not listed in the notification issued by the
Central Government.

Duration of Protection for a Registered Variety:

• Trees and vines – 18 years from the date of registration of the variety.
• Extant varieties – 15 years from the date of notification of that variety by the Central
Government under Seed Act, 1966.
• Other crops – 15 years fifteen years from the date of registration of the variety.

SERVICES:

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• Advising and assisting clients in determining the availability of a variety for registration, seeking
clearance from Plant Variety Registry, searches in the Official Journal of Plant Varieties,
denomination clearance, fulfillment of restorability criteria
• Gene and protein sequence searches
• Filing notices of opposition/cancellation against any application/registration of infringing
varieties on behalf of our clients
• Assisting clients in enforcement of their rights in their registered plant varieties
• Assisting clients in research and commercialization of registered plant varieties
• Advising clients on various matters pertaining to plant variety protection

Layout Design Protection:

✓ An industrial design registration protects the ornamental or aesthetic aspect of an article.

✓ Designs may consist of three-dimensional features, such as the shape or surface of an article, or
of two dimensional features, such as patterns, lines or colour.
✓ Designs are applied to a wide variety of products of different industries like handicrafts, medical
instruments, watches, jewellery, house wares, electrical appliances, vehicles and architectural
structures.
✓ An industrial design is primarily for aesthetic features.
✓ A design makes a product attractive and appealing for the consumers

Design law in India:

• It is also intended to promote innovative activity in the field of industries.

• The Designs Act, 2000 and the Designs Rules, 2001 presently govern the design law in India.
• The Act came into force on 25th May 2000 while the Rules came into effect on 11th May 2001.
• The object of the Designs Act to protect new or original designs so created to be applied or
applicable to particular article to be manufactured by Industrial Process or means.
• Sometimes purchase of articles for use is influenced not only by their practical efficiency but
also by their appearance.

Need for registration of Design:

• A registered proprietor of the design is entitled to a better protection of his intellectual

property.
• He can sue for infringement, if his right is infringed by any person.
• He can license or sell his design as legal property for a consideration or royalty. Registration
initially confers this right for ten years from the date of registration.
• It is renewable for a further period of five years.
• If the fee for extension is not paid for the further period of registration within the period of
initial registration, this right will cease.
• There is provision for the restoration of a lapsed design if the application for restoration is filed
within one year from the date of cessation in the prescribed manner.

Essential requirements for registration of Design:

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✓ Be new or original
✓ Not be disclosed to the public anywhere by publication in tangible form or by use or in any other
way prior to the filling date, or where applicable, the priority date of the application for
registration.
✓ Be significantly distinguishable from known Designs or combination of known designs.
✓ Not comprise or contain scandalous or obscene matter.
✓ Not be a mere mechanical contrivance.
✓ Be applied to an article and should appeal to the eye.
✓ Not be contrary to public order or morality.

Semiconductor Integrated Circuits Layout-Design (SICLD) Act, 2000:

➢ The Semiconductor Integrated Circuits Layout-Design Act, 2000 was passed to fulfill India’s
obligations as a TRIPS signatory.
➢ It provides protection for semiconductor Integrated Circuit layout designs.
➢ The main purpose of the Act is to provide for routes and mechanism for protection of IPR in Chip
Layout Designs created and matters related to it.

Duration of registration :

➢ A period of 10 years counted from the date of filing an application for registration or from the
date of first commercial exploitation anywhere in India or in any convention country or country
specified by Government of India whichever is earlier.

Penalties :

• Infringing the rights of a registered proprietor of a layout-design is a considered a criminal

offence.
• The infringer is punishable with imprisonment for a term that may extend to three (3) years or
fine which shall not be less than Rs. 50,000/- but which may extend to Rs. 10.0 lakhs or with
both.
• It is a criminal offence to falsely represent a layout-design as registered.
• If a person does so, he can be punished with imprisonment for a term that may extend to 6
months or with fine, which may extend to Rs. 50,000/- or with both.

Registration procedure:

1. Steps for registration of a layout-design

2. Filing of application by the creator of the layout-design at the SICLD Registry.
3. The Registrar may accept, refuse the application or accept with some modifications.
4. The accepted applications shall be advertised within 14 days of acceptance.
5. Any opposition to the advertisement can be filed within 3 months from the date of
advertisement.
6. The counter-statement to the notice of opposition, if any, to be filed within 2 months from the
date of receipt of copy of notice of opposition from the Registrar.
7. A copy of the counter statement provided to the opposing party.
8. The Registrar may take hearing with the parities.

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9. The Registrar will decide on the originality of the layout-design and grant or reject the
application for registration based on the conclusions reached by him.
10. Aggrieved party can appeal to Appellate Board or in its absence Civil Court for relief on any
ruling of the Registrar.

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Module 5: Design & Geographical Indicators (GI):

Design: meaning and concept of novel and original - Procedure for registration, effect of registration
and term of protection. Geographical indication: meaning, and difference between GI and trademarks
- Procedure for registration, effect of registration and term of protection.

Design:

➢ Industrial Design is the professional practice of designing products, devices, objects, and services
used by millions of people around the world every day.
➢ An industrial design may consist of three dimensional features, such as the shape of an article,
or two dimensional features, such as patterns, lines or colour.
➢ Industrial design often focuses on mass-producing specialized products, such as cars or
computers. Product design, however, includes everything

Design Act, 2000:

➢ In India, under the Designs Act, 2000 and Designs Rules, 2001 as amended in 2008, the
aesthetics of any product or an article are protected and registered.
➢ Design means the features of shapes, patterns, configurations, ornaments, or composition of
lines or colours applied to any article whether in 2 dimensional or 3 dimensional or in both
forms, by any means or industrial process, whether hand-operated, chemical, or mechanical,
separate or combined, which is in the finished article address to and are attracted solely by the
eye i.e. tangible in nature. However, Industrial designs do not protect the designs which are
intangible in nature.

Requirements for Industrial design protection:

▪ Must be new/ novelty

▪ Must be original
▪ Should not be disclosed anywhere to the public in India or in any other countries by any
publication in palpable (tangible) form
▪ Should not be used prior to the date of filing or where the application for registration is
applicable on the priority date.
▪ Significantly differs from known designs or combinations of known design features.
▪ Should not be conflicting with public order or morals or integrity.
▪ Not be prejudicial to the security of India.
▪ Design cannot include a trademark, property mark, or any artistic rights as defined under the
Copyright Act, 1957.
▪ Should not contain any profane or scandalous matter.

Excluded from the scope of industrial desig:

• Any stamps, maps, books, calendars, documents or forms, certificates, patterns, cards, leaflets,
medals, and many others which fall in artistic or literary works;
• Labels, tokens, cards, cartoons.
• Any principle or method of structure/construction of an article.
• Mere mechanical contrivance.

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• Buildings and structures.

• Parts of articles not manufactured and sold separately.
• Variations commonly used in the trade.
• Mere workshop alterations of components of an assembly.
• A mere change in the size of the article.
• Flags, emblems, or signs of any country.
• Layout designs of integrated circuits.

Benefits of protection of designs are as follows;

✓ It is a revenue generator
✓ Protection of exclusive rights
✓ Return on investments
✓ Promotes brand value
✓ Facilitates marketing and commercialization
✓ Unique selling propositions

Meaning and concept of Novel and Original :

Original: new data, new conclusion(s), new understanding

The term Original is used to define anything which owes its existence from the beginning, i.e. for
the field of research the findings which are reported for the very first time Original

Novel: a new methodology that achieves the goals of "knowhow’s".

Novel may be anything which is new or afresh or has innovation. It means providing new
perspective by extending, elaborating or minimising the pre-existing research.

Procedure for registration:

❖ The application should be duly filed in prescribed Form (Form – 1) with the prescribed fees, and
details such as full name, address, nationality, article name, address of service, class number
along with 4 copies of the representation of the Design of an article on durable paper of size 210
mm x 296.9 mm with a suitable margin.
❖ The photographs, drawings, computer graphics should clearly depict the features of the design
from different views.
❖ The applicant or his authorized agent shall sign the application. For small enterprises, Form-24
and documentary evidence has to be submitted along with Form-1.
❖ In respect of a trademark, mechanical actions, letters, numerical work a statement of new
(novelty) and disclaimer (if any) shall be endorsed on a representation sheet which should be
duly signed and dated.
❖ If there are any objections or defects noticed during the examination of the Application, they
are communicated to the Applicant or to his/her Agent at the address for service.
❖ Such defects must be rectified within 6 months from the date of application and that can be
extended on a request up to 3 months further on a request made with a fee prescribed.

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❖ If the defects are not rectified as required by the Controller, a hearing will be provided to the
applicant. After the hearing controller has the right to decide whether the application should be
accepted or rejected.
❖ The controller’s decision will be communicated to the applicant or his agent in writing stating
the reasons for such decision.
❖ If in case, an applicant is not satisfied by the controller’s decision then he may appeal to the
High Court and such appeal should be made within 3 months from the date of the decision of
the controller.
❖ If in case, the application has been neglected by the applicant and has not been completed the
procedure for removal of objection or defects within the time stipulated then such application
gets abandoned.
❖ Further, An application gets accepted after all the defects or objections have been rectified.
Then, the application gets notified in the Patent Office journal.
❖ Documents required to register Industrial designs

The following documents/forms are required to be submitted in order to apply for registration of a
design:

1. Application Form 1
2. Power of Attorney
3. Representation sheets are an important document required to be filed along with the
application for registration which includes different aspects, views of the article clearly showing
the new and original design.
4. Details of article classes for which design protection is needed
5. Applicant details like full name, permanent address, nationality, name of the article, address for
service India
6. A Certified copy of the priority document (if priority is claimed from a foreign application)
7. There may be additional documents required on a case-to-case basis.
8. Class and subclass of goods for which registration is sought according to the Locarno
Classification.
9. Payment of filing fee.

Effect of registration and term of protection:

Duration of protection:

➢ According to the TRIPS Agreement, the duration of protection is for at least 10 years.
➢ The term can be extended by filing an Application for extension along with the prescribed fee
for an extra period of five years.
➢ In many countries, the duration is for a longer period i.e. 15-25 years as per National jurisdiction
and the total duration is divided into successive renewable periods.

Term of protection of design:

➢ Once the owner is granted a registration certificate of design, the design is protected for a
period of 10 years from the date of registration, as mentioned under Section 11 of the Designs
Act, 2000.

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➢ This protection can be further extended for a period of 5 years if the proprietor pays a certain
fee within the specified period.
➢ The government fee in India for renewal of an industrial design is Rs 2,000 for individuals, start-
ups, and micro, small, and medium enterprises and Rs 8,000 for other entity types.

Geographical indication:

Meaning:

➢ A geographical indication is a sign used on products that has a specific geographical origin and
includes the qualities or reputation of that origin. A geographical indication is given mainly to
agricultural, natural, and manufactured handicrafts arising from a certain geographical area.
➢ A geographical indication is a type of intellectual property right that is basically used for product
protection with regards to its geographical origin, and the idea behind it is that the qualities of
that product are derived from the concerned place of production.

Types of geographical indication :

Quality-neutral geographical indication:

➢ There is no apparent connection between the distinctive features of the products and the place
of their origin for the quality-neutral geographical indications. It merely demonstrates that the
product is made at the indicated location by the source indication.

Qualified geographical indication:

➢ The qualified geographical indications establish a link between the attributes or reputation of
the products and the nation, area or place that they are concerned with. A single name is used
to designate or identify these products. These are often referred to as applications of origin.

Direct geographical indication:

➢ The products of geographical indication tags for the direct geographical indications are denoted
by the names of the geographical places they belong to.

Indirect geographical indication:

➢ If the public at large believes that the products are identifying a certain geographical origin, the
indirect geographical indications are termed “non-geographical names or symbols”

Benefits of geographical indications:

• The organizations or companies who register their geographical indications enjoy various
advantages from the registration, including:
• Registered geographical indications have the exclusive right to access or use G.I.’s products
during the business.
• Authorized users enjoy the right to sue for infringement.
• It provides legal protection to geographical signs in India.
• Prevents unauthorized use of registered geographical indications by others.
• It provides legal protection to Indian geographical signals which in turn promotes exports.

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• It promotes the economic prosperity of producers of goods produced in a geographical area.

• A registered owner can also approach for legal protection in other WTO member countries.
• It provides legal protection to the respective goods in domestic as well as international markets.

Procedure for registration:

1. Filing the application for GI

2. Preliminary scrutiny and examination of the GI application
3. Communication of objections/ deficiencies in the GI Application to the applicant or his agent
4. Filing of reply to the deficiencies within one month from the date of receipt of communication
(deadline extendable by one month)
5. Thereafter, the Examiner submits the application to Registrar for Examination
6. Examination report is issued
7. Reply to the examination report is to be filed by the applicant within 2 months from the date of
receipt of examination report
8. Acceptance of GI application by Registrar
9. Publication of application in the GI Journal
10. Filing of Opposition to the GI application within 3 months from the date of publication in the
Journal (deadline extendable by one month)
11. Counter statement to notice of opposition to be filed within 2 months
12. Registration of GI after acceptance of GI application by Registrar

Effect of registration and term of protection:

1. The registration of a geographical indication shall be for a period of ten years, but may be
renewed from time to time in accordance with the provisions of this section.
2. The registration of an authorised user shall be for a period of ten years or for the period till the
date on which the registration of the geographical indication in respect of which the authorised
user is registered expires, whichever is earlier.
3. The Registrar shall, on application made in the prescribed manner, by the registered proprietor
or by the authorised user and within the prescribed period and subject to the payment of the
prescribed fee, renew the registration of the geographical indication or authorised user, as the
case may be, for a period of ten years from the date of expiration of the original registration or
of the last renewal of registration, as the case may be (which date is in this section referred to as
the expiration of the last registration).
4. At the prescribed time before the expiration of the last registration of a geographical indication
or the authorised user, as the case may be, the Registrar shall send notice in the prescribed
manner to the registered proprietor
5. Where a geographical indication or authorised user, as the case may be, has been removed from
the register for non-payment of the prescribed fee, the Registrar shall, after six months and
within one year from the expiration of the last registration of the geographical indication or the
authorised user,

Difference between GI and trademarks :

Trade Mark Geographical Indications

INTELLECTUAL PROPERTY RIGHTS

3Rd SEM .M .Com Bangalore University
LAKSHMEESHA C Mcom NET KSET 109 Ph:9964008827
Assistant Professor Commerce and Management. Email: lakshmeeshac@gmail.com

They are related to particular It has nothing to do with the

place place

It is given for the particular

It can be manufacturing or types of marks, symbol, sign,
agricultural products like fruit, logo etc.
coffee etc.
Complicated procedure of Easy procedure of registration
registration
Governed by Goods Governed by Trademark Act of
(Registration and Protection) 1999
Act of 1999
It is available only for the goods It is available for both
the goods as well as services

This is the protection for the It is associated with particular

community at large individual or business

Trademark sometimes includes Geographical indication does

geographical indication not include trademark

After getting trademark In geographical indication

registration applicant become producer or manufacturer does
the owner of the trademark not become the owner of the GI

--------******------------ALL THE BEST -----------******

INTELLECTUAL PROPERTY RIGHTS

3Rd SEM .M .Com Bangalore University
LAKSHMEESHA C Mcom NET KSET 110 Ph:9964008827
Assistant Professor Commerce and Management. Email: lakshmeeshac@gmail.com

INTELLECTUAL PROPERTY RIGHTS

3Rd SEM .M .Com Bangalore University
LAKSHMEESHA C Mcom NET KSET 111 Ph:9964008827
Assistant Professor Commerce and Management. Email: lakshmeeshac@gmail.com

INTELLECTUAL PROPERTY RIGHTS

3Rd SEM .M .Com Bangalore University