Protection of Patents and Trademarks

8/7/2019 Protection of Patents and Trademarks

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PROTECTION OF

PATENTS ANDTRADEMARKS


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Intellectual Property Rights

Intellectual property rights are statutory rights that oncegranted allows the owners of the IP to exclude others fromexploiting the same commercially for a given period of time.

The Uruguay round on TRIPs ( Trade related Intellectualproperty rights) covers seven intellectual properties

Copyright

Trademark

Geographical Indications

Industrial designs

Patents Layout designs

Undisclosed information, including trade secrets.

Source: Managing Intellectual Property The Strategic

Imperative- Vinod V. Sople


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Patent

DEFINITION:

An official document giving the holder of the patent sole right

to make, use or sell an invention and preventing others from

imitating it.

CRITERIA :

Novel

Useful

Non-obvious

Source: Managing Intellectual Property The Strategic Imperative-

Vinod V. Sople


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Filing of Patent Application

Provisional SpecificationComplete Specification

Complete

Specification Not

Filed

Complete

Specification

Filed

Request For

Examination

First Examination

Report

Objections Raised

Filing of Reply

Re - examination

HearingRejected

Grant

Publication of Grant

Opposition Proceedings

Patent Valid Patent Revoked

Abandoned

Publication

(18 months)

Publication

(18 months)

12 months

Overruled Successful

Source: www.indiajuris.com


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Development Of Patent Law In

IndiaPatents and Designs protection Act, 1872

Protection and Inventions Act, 1883

Invention and Designs Act, 1888

Indian Patents and Designs Act, 1911

Indian Patents Act, 1970

The Patent Amendment 2005 (Third Amendment)

Source: Business Environment Francis Cherunilam


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HBR Article Patent Sharks

Patent Sharks Entities that opportunistically or intentionallyprofit from payments by companies that inadvertently infringeon the sharks IP rights simply because they never even knewthose rights existed.

Preliminary injunctions RIM Vs NTP.Damages- Boston Scientific Vs Dr. Bruce.

SUGGESTION TO OVERCOME:

Cooperating with the competitors early in the R&D process.

Creating more modular designs

Fostering interdepartmental and intercompany cooperation.

Insignificant inventions should be avoided.

Source: Harvard Business Review, June 2008 Patent Sharks- Joachim

Henkel and Markus Reitzig


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Trade Marks

Any word, name, symbol, or device, or any combination used,in commerce to identify and distinguish the goods of onemanufacturer or seller from goods manufactured or sold by

others.

TYPES:

Trademark and Servicemark

Collective mark

Certificate Trademark

Source: www.tm-india.com


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Types Of Protectable Marks

Arbitary orFanciful Marks APPLE, XEROX

Suggestive Marks Bubble Wrap

Descriptive Marks ELECTRONICDATA SYSTEMS

Generic Mark Cellophane, Aspirin




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Trademarks Varieties

Levi Strauss Animals

McDonalds Building

Metro-Goldwyn-Mayer- Sound

National Broadcasting Corporation Music

Flora Fragrance Smell

Owen Corning Color

Coca-Cola - Shape




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Trademark Registration In India

Trade and Merchandise Act, 1958 has been repealed.

The Trade Marks Act, 1999.

OBJECTIVE:

Better protection of trademarks for goods and services.

Prevention of the use of fraudulent marks.

Source: Business Environment Francis Cherunilam


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Filing of Application

Examination of Report

Filing of Reply

Accepted

Publication in Journal

Wait for Opposition

Hearing

Refused/ Abandoned

Reply of notice/

Hearing

Opposition Disallowed

Registration of Trademark

6 months

4 months

2 months

1 month

Source: www.indiajuris.com


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Reference

Books:

Managing Intellectual Property The strategic Imperative Vinod V. Sople

Business Environment Francis CherunilamJournal:

Harvard Business Review, June 2008 Patent Sharks-Joachim Henkel and Markus Reitzig

Websites:

www.tm-india.com

www.tmpsearchers.com

www.ipindia.nic.in

www.indiajuris.com


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THANK YOU

Protection of Patents and Trademarks

Documents

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