INTELLECTUAL PROPERTY RIGHTS

INTELLECTUAL PROPERTY RIGHTS

• INTELLECTUAL PROPERTY IS A LEGAL TERM FOR CREATION OF MIND

• IPR LAW PROVIDES EXCLUSIVE USE OF CREATIONS OF THE MIND

• INCLUDES TRADEMARK, COPYRIGHT, PATENT AND INDUSTRIAL DESIGN

• E.G. INVENTIONS, WORDS, PHRASES, SYMBOLS, DESIGNS, MUSIC, LITERATURE, OTHER ARTISTIC WORKS, ETC.

PATENT

WHAT IS PATENT?

EXCLUSIVE RIGHT FOR AN INVENTION

INVENTION – PRODUCT OR PROCESS, NOVEL, INDUSTRIAL APPLICATION

TERM

TERRITORIAL RIGHTS

KEY TERMS IN PATENTS

PATENT COOPERATION TREATY (PCT)

EXCLUSIVE LICENSE

PATENT INFORMATION

CROSS-LICENSING

CONVENTION APPLICATION

TYPES OF PATENTS

PRODUCT PATENTE.G. PEN WITH A SCANNERE.G. CHEMICAL COMPOUND

PROCESS PATENTE.G. AMAZON’S "1-CLICK" SYSTEME.G. PROCESS OF MANUFACTURING SPECIFIC

PRODUCT

KEY AMENDMENTS OF THE PATENT ACT, 2005

PRODUCT PATENT FOR FOOD, DRUG & CHEMICALS

“MERE NEW USE OF A KNOWN SUBSTANCE” IS NOT AN INVENTION

COMPULSORY LICENSE

APPLICATION PROCESS

PROCESS OF FILING A PATENT

WHAT INVENTIONS CANNOT BE PATENTED (SEC. 3)

CINEMATOGRAPHIC & TELEVISION PRODUCTIONS (E.G. MOVIES)

CAUSES SERIOUS PREJUDICE ( E.G. METHOD OF HACKING INTO EMAIL ACCOUNTS)

METHOD OF AGRICULTURE OR HORTICULTURE (E.G. METHOD OF GROWING PLANT)

ADMIXTURE RESULTING ONLY IN THE AGGREGATION OF THE PROPERTIES OF THE COMPONENTS. (E.G: BHEL)

WHAT INVENTIONS CANNOT BE PATENTED

CONTRARY TO WELL ESTABLISHED NATURAL LAWS (E.G. PERPETUAL MACHINE)

MERE PRESENTING INFORMATION IN OTHER FORM E.G. PRESENTING INFORMATION IN THE FORM OF A GRAPH

ARRANGEMENT, REARRANGEMENT OR DUPLICATION ( E.G. KNOWN TYPE OF TORCH AND PEN CONNECTED AND

BOTH WORKING INDEPENDENTLY )

INVENTIONS RELATING TO ATOMIC ENERGY (SECTION 4)

TYPES OF INFRINGEMENT

DIRECT INFRINGEMENT

( E.G. XIOMI VS. ERICSON)

INDIRECT INFRINGEMENT • INDUCED INFRINGEMENT• CONTRIBUTORY INFRINGEMENT

COMPULSORY LICENSE

UNDER SECTION 84 (1) OF THE INDIAN PATENT ACT

• APPLICATION AFTER EXPIRY OF 3 YEARS FROM THE DATE OF GRANT OF PATENT.

• NEEDS OF PUBLIC NOT SATISFIED , OR

• NOT AVAILABLE AT AFFORDABLE PRICE , OR

• NOT "WORKED IN," OR MANUFACTURED IN THE COUNTRY, TO THE FULLEST EXTENT POSSIBLE.

• E.G. LEE PHARMA VS ASTRA ZENECA FOR ANTI DIABETIC DRUG

TRADEMARKS

TRADEMARKS

MEANING - SIGN OR COMBINATION OF SIGNS WHICH DISTINGUISHES ONE PERSON’S GOODS OR SERVICES FROM ANOTHER'S

HISTORY- INITIALLY USED BY CRAFTSMENFIRST TO FILE SYSTEMUNREGISTERED TRADEMARKEG: EBAY, STARBUCKS, EA SPORTS LOGO

FOR A MARK TO BE TRADEMARKED, IT MUST BE

• GRAPHICALLY REPRESENTABLE• DISTINGUISHABLE• CONNECTION BETWEEN GOODS OR SERVICES

• TM/SM SYMBOL CAN BE USED NEXT TO THE LOGO

•® SYMBOL IS PLACED NEXT TO THE LOGO• EG. STARBUCKS V. STARBOCK BEER

TYPES OF TRADEMARK• PRODUCT TRADEMARKS

• EG: VAIO, MAGGIE, ETC • SERVICE TRADEMARKS

• EG: AXIS BANK, DHL EXPRESS, ETC• CERTIFICATION TRADEMARKS

• EG: CE, AGMARG, WOOLMARK, ISI, ETC• COLLECTIVE TRADEMARKS

• EG: DOCTORS, CA, KHADI CRAFT, FIFA , NBA ETC• UNRELATED TRADEMARKS

• EG: APPLE, BLACKBERRY, PAPERBOAT)• WELL KNOWN TRADEMARKS

• E: PEPSI, SAMSUNG

TRADEMARKS: CANNOT BE REGISTERED

• NOT DISTINGUISHABLE• CUSTOMARY IN THE CURRENT LANGUAGE• DECEIVING OR TO CAUSE CONFUSION• RELIGIOUS SENTIMENTS• SCANDALOUS OR OBSCENE MATTERS• EMBLEMS AND NAMES• LACKS EVERYTHING AND ONLY DIFFERENTIATING FACTOR BEING SHAPE• ELEMENT NAME• GENERIC TERM

FEW COMMON WORDS YOU USE ON A DAILY BASIS THAT ARE TRADEMARKED

VASELINE (UNIELEVER)

GENERIC NAME: PETROLEUM JELLY

XEROX (XEROX CORP)

GENERIC NAME: PHOTOCOPY

BUBBLE WRAP (SEALED AIR CORPORATION)GENERIC NAME: INFLATED CUSHIONING

BAND AID (JOHNSON & JOHNSON)GENERIC NAME: ADHESIVE BANDAGE

KEROSENE (ABRAHAM GESNER)COMBUSTIBLE HYDROCARBON LIQUID’

ESCALATOR (OTIS)MOVING STAIRCASE

WHAT CAN BE PROTECTED THROUGH A TRADEMARK ?

WORD• ADOBE SYSTEMS • KAWASAKIS JETSKI

SLOGAN- • ‘JUST DO IT’ • ‘I’M LOVING IT’

NAME• FORD• AXE

SYMBOL/IMAGE/GRAPHIC/DESIGN• LOGO – NIKE SWOOSH LOGO, GOOGLE, KFC, SAMSUNG, UNILIEVER

DEVICE• SHAPE

• MICKEY MOUSE EARS• FLAVOUR

• MC DONALD’S• COLOUR

• CANARY YELLOW POST ITS• CADBURYS PURPLE• BARBIE PIN

• DOMAIN NAME• AMAZON.COM• PEPPERFRY.COM

• SMELL / OLFACTORY• CHANEL

• TOUCH• LEATHER TEXTURE WRAPPING AROUND WINE

BOTTLE

• SOUND• NBC CHIMES, PILLSBURY’S DOUGHBOY GIGGLE

INDUSTRIAL DESIGN

INDUSTRIAL DESIGNTHE DESIGNS ACT, 1911

DESIGNS ACT, 2000 AND THE DESIGNS RULES, 2001

CREATIVE ACTIVITY

VISUAL APPEARANCE OF A PRODUCT

2D OR 3D OR BOTH

MADE BY AN INDUSTRIAL PROCESS

THE DESIGN ACT 2000

TO PROTECT THE DESIGN FUNCTION IN INDUSTRY

PRODUCTION

PROMOTES INNOVATION

 DESIGN RIGHTS ARE GRANTED ON A COUNTRY-BY-

COUNTRY BASIS

“FIRST TO FILE” SYSTEM

TERM OF REGISTRATION OF DESIGN

CLASSIFICATION OF DESIGN

LOCARNO CLASSIFICATION

BASED ON THE FUNCTION OF THE GOODS

CLASSES DIVIDED INTO FURTHER SUBCLASSES

EG. CLASS 03 Sub Class 03-01:Trunks, Suitcases, Briefcases Sub Class 03-

03:Sunshades, Walking Sticks ..

Sub Class 03—04: Fans

WHERE TO FILE FOR INDUSTRIAL DESIGN ?HEAD OFFICE AT KOLKATABRANCH OFFICES AT DELHI, MUMBAI AND CHENNAI

WHAT CAN BE REGISTERED ?ORIGINAL DESIGNDESIGN WHICH IS NOT NEW AS SUCH BUT ORIGINAL AND

NEW IN APPLICATION NOT REGISTERED IN ANY OTHER COUNTRY

WHAT CANNOT BE REGISTERED ?

COPIED DESIGN

SIMILAR TO A DESIGN WHICH ALREADY EXIST

MANUFACTURING PROCESS

IDEAS

OBSCENE MATTER

FUNCTIONAL FEATURES OF AN ARTICLE

WHO CAN APPLY ?

ANY PERSON , ASSIGNEE ,LEGAL REPRESENTATIVE OF PROPRIETOR

PROPRIETOR OF THE DESIGN• USUALLY WHO HAS CREATED THE DESIGN• 2 OR MORE PEOPLE WORKED TOGETHER TO CREATE• NOT HIRED UNDER CONTRACT• NOT AN EMPLOYEE WHO CREATED A DESIGN AS PART OF

EMPLOYMENT

STEPS FOR REGISTRATION

FINDING OUT WHETHER THE DESIGN ALREADY EXISTS

PREPARING A REPRESENTATION OF THE DESIGN

IDENTIFYING THE CLASS OF DESIGN

PROVIDING A STATEMENT OF NOVELTY

INCLUDING A DISCLAIMER

DETERMINING THE FEE TO BE PAID

ENSURING ALL ENCLOSURES ARE ATTACHED

PROVIDING FULL DETAILS

FILING OF APPLICATION

EXAMINATION

OBJECTION

REGISTRATION & PUBLICATION

NOTIFICATION

NO

YES REFUSAL

APPEAL

PROCEDURE FOR DESIGN FILLING

IMPORTANT POINTS TO REMEMBER

KEEP A COPY OF THE DESIGN AS CREATED IN YOUR FILE

MAINTAIN A RECORD OF OWNERSHIP OF DESIGNS

DO NOT DISCLOSE THE DESIGN BEFORE YOU HAVE FILED

YOU HAVE REGISTERED

PROPERLY IDENTIFY THE DESIGN IN THE APPLICATION

PAY RENEWAL FEES AS AND WHEN DUE

INDUSTRIAL DESIGN CAN BE SOLD, LICENSED AND

MORTGAGED

WIPO AND NIPO

WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO)

A POLICY FORUM

GLOBAL SERVICES 

TECHNICAL INFRASTRUCTURE

COOPERATION AND CAPACITY-BUILDING

A WORLD REFERENCE SOURCE FOR IP INFORMATION

FORUMS FOR INTELLECTUAL PROPERTY

ADMINISTRATION OF DISPUTES

MEDIATION AGREEMENT (THIRD PARTY-ASSIST THE PARTIES )

ARBITRATION (COURT-DECISION MAKER)

CONCILIATION (THIRD PARTY-ASSIST THE PARTIES )

NIPO (NATIONAL INTELLECTUAL PROPERTY ORGANIZATION)

OBJECTIVES:

PROMOTES DEVELOPMENT OF INFRASTRUCTURAL FACILITIES

AIDS, ASSISTS AND FACILITATES OWNERS OF INTELLECTUAL

PROPERTY AND ENSURES TIES OF MUTUAL FRIENDSHIP AND

UNDERSTANDING

PROVIDES CUSTOMIZED CORPORATE SERVICES

CARRIES OUT RESEARCH AND DEVELOPMENT ACTIVITIESCONDUCTS TRAINING AND ACTIVITIES FOR CORPORATE AND

GOVERNMENT PERSONNEL AND SEEKS AFFILIATION WITH REGIONAL OR INTERNATIONAL BODIES

CASE STUDIES

INDIA ENTERS IN AGREEMENT WITH WTO.

NOVARTIS FILES PATENT APPLICATION WITH INDIAN PATENT OFFICE FOR ITS DRUG GLEEVEC.

INDIA MADE CHANGES TO ITS PATENT LAW AS PER TRIPS AND FEW AMENDMENTS IN 2005 WHICH FINALLY CAME INTO EFFECT IN 2005.

NOVARTIS LAUNCHES GLEEVEC @ $2600, WHEREAS SAME WAS SUPPLIED BY INDIAN GENERIC @ USD 177 TO 266

IN JAN 2006 PATENT OFFICE REJECTED NOVARTIS PATENT BASED ON AMENDMENTS DONE IN 2005 UNDER SEC. 3D

NOVARTIS APPEALED TO SUPREME COURT AND THERE ALSO IT WAS REJECTED IN FINAL VERDICT OF APRIL 2013.

CASE STUDY: NOVARTIS VS. UOI

APPLE VS SAMSUNG

• AUG 2010 APPLE WARN SAMSUNG FOR PATENT INFRINGEMENT

• OCT 2010 APPLE GAVE OFFER TO SAMSUNG• APRIL 2011 APPLE SUES SAMSUNG FOR INFRINGEMENT

OF TRADE DRESS.• SAMSUNG ALSO SUES APPLE FOR 3G TECHNOLOGY• AUG-SEPT 2011 SAMSUNG PRODUCT GAXALY TAB 10.1

PULLED FROM SHELVES IN GERMANY AND AUSTRALIA• NOV-DEC 2011 SALE BAN ON GALAXY IS TAKEN BACK

IN AUSTRALIA & IN GERMANY LAUNCHED AFTER CHANGING DESIGN

• MARCH-MAY SETTLEMENT TALK

AUG 2012 US JURY AWARDED APPLE DAMAGES WORTH USD 1 BILLION

SAMSUNG OPPOSED ON DAMGES VALUATIONDAMAGES REWORKED TO USD 650

SECOND U.S. TRIAL

• APPLE FILED A NEW U.S. LAWSUIT FOR USD 2 BILLION IN FEBRUARY 2012, ASSERTING SAMSUNG'S VIOLATION OF FIVE APPLE PATENTS. 

• THE JURY ALSO FOUND APPLE GUILTY OF INFRINGING ONE OF SAMSUNG’S PATENTS.

• A NEW HEARING WAS HELD IN MARCH 2014, IN WHICH APPLE SOUGHT TO PREVENT SAMSUNG FROM SELLING SOME OF ITS CURRENT DEVICES IN THE U.S.

• THE TRIAL BEGAN IN EARLY APRIL AND DECISION WAS DELIVERED ON MAY 2, 2014 AND SAMSUNG WAS INSTRUCTED TO PAY USD119.6 MILLION TO APPLE FOR SMARTPHONE PATENT VIOLATIONS.

BRITISH COURT VERDICT

SAMSUNG DID NOT VIOLATE APPLE’S DESIGN FOR I PAD. DESIGNS WERE DIFFERENT ENOUGH NOT TO

CONFUSE CUSTOMERS. SAMSUNG'S TABLETS "DO NOT HAVE THE SAME

UNDERSTATED AND EXTREME SIMPLICITY WHICH IS POSSESSED BY THE APPLE DESIGN,"

STATISTICS

2009-10 2010-11 2011-12 2012-13 2013-140

50000

100000

150000

200000

250000

34287 39400 43197 43674 42951

141943

179317 183588 194216 200005

6092 7589 8373 8337 8533

PATENT TRADEMARKINDUSTRIAL DESIGN

CHART SHOWS LAST FIVE YEARS INTELECTUAL PROPERTY RIGHTS FILLING STATISTICS TOTAL NUMBER OF APPLICATION FILLED IN YEAR 2013-14 2,51,564

INTERLECTUAL PROPERTY RIGHTS APPLICATION FILLING

2009-10 2010-11 2011-12 2012-13 2013-140

50000

100000

150000

200000

250000

25875

205065

116263

202385 203086

67490

115472

51735 4436167876

8820 170356132

2537536880

EXAMINED GRANTED ABANDONED

GRAPH SHOWS NUMBER OF TRADE MARK APPLICATION EXAMINED FOR FIRST TIME, GRANTED PATENT AND ABANDONED PATENT APPLICATION

TRENDS IN TRADE MARK APPLICATION FILE

2009-10 2010-11 2011-12 2012-13 2013-1402000400060008000

100001200014000160001800020000

6069

11208 1103112268

18615

61687509

4381 4126 42275171 5342

4107 4901

7184

Chart Title

EXAMINED GRANTED ABANDONED

GRAPH SHOWS NUMBER OF PATENT

APPLICATION EXAMINED FOR FIRST

TIME, GRANTED PATENT AND

ABANDONED PATENT APPLICATION

TRENDS IN PATENT APPLICATION FILE

2009-10 2010-11 2011-12 2012-13 2013-140100020003000400050006000700080009000

10000

6226 6277 6511 67767281

6025

9206

65907252 7178

20 15 115 48 48

EXAMINED GRANTED ABANDONED

GRAPH SHOWS NUMBER OF INDUSTRIAL DESIGN APPLICATION EXAMINED FOR FIRST TIME, GRANTED PATENT AND ABANDONED PATENT APPLICATION

TRENDS IN INDUSTRIAL DESIGN APPLICATION FILE

PRIMARYRESEARCH

INTERVIEWEESINTERVIEWEE 1NAME: ROHAN RAUTAGE: 28QUALIFICATION: BCOM & LLBINTERVIEWEE 2NAME: ADV. AMBAR ARUN JOSHI AGE: 42QUALIFICATION: B.COM & L.L.MINTERVIEWEE 3NAME: ELIAS RODRIGUESAGE: 23QUALIFICATION: BLS & LLB (FINAL YEAR )

QUESTIONS

Q 1: IS TRADEMARK REGISTRATION NECESSARY EVEN WHEN THE MARK HAS BEEN IN USE FOR MANY YEARS?Q 2: IS IT POSSIBLE TO EXTEND THE TERM OF PATENT, TRADEMARK & INDUSTRIAL DESIGN PROTECTION?Q 3: IF A COMPANY IS EXPORTING, DOES IT HAVE TO REGISTER ITS TRADEMARK IN OTHER COUNTRIES AS WELL?Q 4: IF IN A COMPANY AN EMPLOYEE HAS INVENTED A NEW PRODUCT OR PROCESS. WHO WILL OWN THE RIGHTS TO THE PATENT? EMPLOYEE OR THE COMPANY(OWNER) ?

Q 5: DOES INTELLECTUAL PROPERTY HAS JURISDICTION?Q 6: SUPPOSE AN EMPLOYEE INVENTS A NEW PRODUCT WHEN HE IS ON LEAVE OR SOMEWHERE BEYOND COMPANY'S LIMITS, CAN COMPANY CLAIM PATENT ON IT ?Q 7: KFC'S LOGO HAVE A PICTURE OF A OLD MAN, CAN A PERSON BE CONSIDERED AS A TRADEMARK?Q 8: CAN A PERSON OBTAIN A PATENT AND KEEP HIS INVENTION SECRET?Q 9: CAN YOU CITE ANY RECENT CASE RELATED TO PATENT / TRADEMARK / INDUSTRIAL DESIGN IN INDIA?

GROUP NO - 5• ABHISHEK SHAH - 41• KINJAL KAPADIA - 43• RESHAM SINGH - 45• HARISH PATIDAR - 47• DIVYA CHHAJER - 49• KUNTI SAWANT - 51• ASHUTOSH SINGH - 53• TEJ VORA - 55• OM RAHEJA - 57• ABHIJEET JADHAV - 59