Intellectual Property Rights

Protect the interests of creators by giving them property rights over their creations.

It is intellectual because it is not a tangible thing.

Let us consider a case of patents to explore the organization of IPRs CASELET:-

Ishoni Networks India Private Limited

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Intellectual Property Rights

Intellectual Property

Copyrights*

Industrial Property

Patents (Eg: New Technology)

Industrial Designs (Eg: Mouse Design)

Trademarks (Eg: Nike)

Geographical Indications (Eg: Darjeeling Tea)

Patent

Patent is a legal document granted by the government to the inventor Patents can be shared, sold or licensed. Tenure Patent

Product

Process
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Patent
Things that can be Patented
Product or process which is : Novel Non-obvious Of industrial applications Things that cannot be Patented Frivolous inventions Method of agriculture Discovery of any living/non living thing Mathematical method Weapons of mass destruction (Art 27.2) Therapy, surgical methods, diagnosis (Art 27.3(a))
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Patent
Types of patent applications 1.Ordinary Application 2. Convention application 3. PCT- International Application 4. PCT -National Phase Application 5. Application for Patent of Addition 6. Divisional Application

Patent
PATENT INFRINGEMENT
An encroachment upon the invention patented by the owner is called "infringement

Unauthorized making, using, offering for sale, selling of any patented invention
2 Types:a) Direct patent infringement b) Indirect patent infringement

Patents and Indian Pharmaceutical Industry Pharmaceutical industry- largest share in patents Only process patent- limitations to foreign investors TRIPS standards (1998) Patent act Amendment 2005- product patent Exponential growth of R & D required

Case Study :Bajaj Auto LTD. Vs. TVS Motor Company LTD. ISSUE VERDICT ANALYSIS

AMMENDMENTS :Patent Act 1970

- Amendment 2002

- Amendment 2005

INTRODUCTION TRADEMARKS
Trade mark is a visual symbol/ representation, which may be a word signature, name, device, label, numerals or combination of colors used by one undertaking of goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. Is a visual symbol/ representation Used by one undertaking of goods or services Distinguishes it from other similar goods or services

Classification Of Trademarks

TRADEMARKS

CAN BE REGISTERED

CANNOT BE REGISTERED

PRODUCT

SERVICE

CERTIFICATION

COLLECTIVE

ARTICLES

Article 17: Rights Conferred Article 18: Term of Protection Article 21: Licensing and Assignment

Rights conferred by Trademark

Stop the use of an identical or similar sign on similar goods or services In case of well-known trademark, protection would apply even to unregistered trademark in the country where protection is claimed. Permissible exceptions to rights Set conditions on how trademark rights can be licensed and transferred Transfer or assignment of a trademark is possible without the transfer of the corresponding business. The Term Of Protection The initial term must be a minimum of ten years

Trademark Infringement
Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees provided that such authorization was within the scope of the license

Remedies for trademark infringement: The proprietor of a trademark has a right to file a suit for infringement of his right and obtain Injunction Damages Accounts of profits

Amendments

Section 1. Short title and commencement

21 of the principal Act, for sub-section (1)

Caselet On Trademark

Appellants: Shoppers Stop and Lifestyle Vs. Respondent: Pantaloon

Case Study of Parle Agro vs Cadbury

Case Facts Use of the word Fruity in Cadbury Fruity Gems, as it, contended that it would dilute the brand value of its main product Frooti a mango drink .

Arguments from parles side : Cadbury is not entitled to use the mark Fruity on its pack . Frooti is the flagship brand of the company It would constitute infringement of the trademark Frooti.(under sec 29) Arguments from Cadburys side : The use of mark fruity on the product does not affect the registered trade mark of Parle Agro.(under sec 30) Word fruity is only descriptive in form and not being used as a trademark.

Statistics
TRADEMARKS
100857 2007-08 2006-07 123514 109361 103419 184325 2005-06 45015 2004-05 39762 2003-04 Registered Filed 0 50000 92225 100000 150000 200000 78996 85699

Year

Number of Applications

Introduction to GI

Evolution of Geographical Indications GEOGRAPHICAL INDICATION ACT IN INDIA REQUIREMENTS FOR APPLICATION FORM FOR PRODUCT REGISTRATION Specification Description of goods giving its uniqueness and geographical linkage Method of Production Uniqueness of the product Proof of Origin Inspection Body Present scenario of the GI product

PROCESS OF REGISTRATION

Caselet On GI

Toy making in Kondapalli (A.P) Type of wood known as telia Poniki or white sander

STATISTICS

INDUSRIAL DESIGN

Why TO protect industrial designs? What is industrial design rights Designs Act, 2000 DESIGN RULES,2001 INTERNATIONAL DESIGN RIGHTS TENURE ARTICLE UNDER Designs Act, 2000 INFRINGEMENT

Essential requirements for the registration of design

Design should be new or origin. Design should relate to features of shape. The design must appear and should be visible on the finished article, for which it is meant. Any thing which is in substance a mere mechanical device, would not be registrable design. Design should not include any Trade Mark or property mark or artistic works.

PROCEDURE FOR REGISTRATION

Application form. Four copies of the design. Patent office at Kolkata, Mumbai, Delhi, Chennai. Filling number, filling date. Issues a filling receipt. Application is formally examined. Communication of the defects. Acceptance of the form. Registration certificate

STATISTICS

CONCLUSION

Intellectual property protection is the key factor for economic growth and advancement in the high technology sector Thus protection of IPR has definite (tangible) benefits, such as to propagate innovative culture, profitability, market leadership and helps creation of wealth for the individual and the nation IPR reduces information asymmetry and increases trust since the idea is disclosed in patent document As a result, the transperancy of knowledge helps to prevent the duplication of creative effort In general, there is a strong desire for IPR to be used and further developed by an international community IPR is only one of the factors that influence the speed of catchup and other policies, such as education policy, industrial policy, and trade and FDI policy

BIBLIOGRAOHY

www.lw/everythingaboutpatents.html www.lw/trademarks.html http://www.lexorbis.com/geographicalindications.html http://newdelhi.usembassy.gov/iprdesign.html www.Users/met/Documents/Tirupati%20Laddoo %20gets%20geographical%20copyright%20%20Indian%20Express.htm www.Users/met/Documents/20070924_amul.htm