Group members:

Anchal Bajaj (41), Asmita Shukla(43), Moulik Shah(45), Nirav Golakiya (47), Taronish Inspector(49) Saurobh Medda(51), Nishant Shah(53), Hiba Sayed (55), Sumit Ghogale (57), Ramya Balkrishnan(59)

Intellectual Property Rights (IPR) is the collective name for new and unique ideas, products and creations resulting from human creativity and innovation

It grants the right to reproduce, distribute and gain commercial returns for their innovations and creation.

India signed an agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) which came into force from 1st January 1995

Intellectual Property Rights

Intellectual property rights as a collective term includes the following independent IP rights

Patents

Copyrights

Trademarks

Industrial Designs

Geographical Indications

An agreement between WTO members to:

Apply basic principles of intl. IPR agreements

Give adequate protection to IPRs

Enforce rights adequately in their territories

Settle disputes on IPRs between members

Special transitional arrangements during introduction (1, 5 &

11 yrs or more)

1.
2. 3. 4. 5.

Copyright & related rights

Trademarks, including service marks Geographical indications Industrial Designs Patents

6.
7.

Layout Designs (topographies) of integrated circuits

Undisclosed information, including trade secrets

Strategic Goals:

Balanced Evolution of the International Normative Framework for IP Provision of Premier Global IP Services Facilitating the Use of IP for Development Coordination and Development of Global IP Infrastructure World Reference Source for IP Information and Analysis International Cooperation on Building Respect for IP Addressing IP in Relation to Global Policy Issues A Responsive Communications Interface between WIPO, its Member States and All Stakeholders

TRIPS Agreement Meaning of Trademark A unique mark that can be denoted graphically Which can differentiate the good and services provided by one

person and another. Includes:

Words, Letters Drawings Shape of goods, Packaging Combination of colours

Service Marks
Protect marks used in the service industry. E.g.- Citibank, Caf coffee day, jawed habib

Collective Marks
Marks being used by a group of companies.

Well-known marks
Marks, which are believed to be well known, will enjoy greater protection. E.g. Whirlpool Corporation & Anr. Vs. NR Dongre

Shape/Combination of Colours

 - Filed an application (pending registration). The claim may or may not be valid - Mark is registered

Jointly owned trademarks - Mark used in relation to goods/services which is linked to all the joint applicants.
Duration, Renewal, Removal

Procedure of Registration

Search Existing Trade Marks

Filing of Application Form

Acknowledgement of Application

Yes

Issue Trade Mark?

No

Publication In Journal

Show Cause Hearing Cause of Objection is Not Satisfactory Yes Cause of Objection is Satisfactory

No

Await Opposition

Issue Registration Certificate

No

Is Oppositio n Valid?

Yes

Proceed For Application

Refuse Application

1.

Identical or similar to a registered trademark. E.g. India wins

trademark case against PepsiCo

2. 3.

Well known mark Mislead or cause confusion E.g. Hotel Hilltone, Mount Abu v. Hilton
International Corp

4.

Indecent or obscene matter

5.
6.

Hurt the religious weakness of any class or section

Chemical or chemical compound

Resembling an already registered mark. Uses of names and representation of living person or persons recently dead.

Parts of trademarks and as a series.

Associated trademarks

Amendment International Registration

Infringement
Unregistered trade mark Copy of whole registered mark with a few additions and alterations Used in the course of trade , printed or in advertisement. The mark which resembles - to mislead or cause confusion Intentionally uses a mark he is not allowed to. Uses a registered trademark as - trade name/business concern/part of both

Remedies
an action for infringement in case of a registered trademark an action for passing off in the case of an unregistered trademark

Relief
Injunction

Damages
Accounts of profits E.g Finolex Cables

A patent is a set of exclusive rights granted by a government to an inventor or applicant for a limited amount of time

To enjoy the exclusive rights over the invention.

To ensure commercial returns

To protect inventions and proceedings

NOVELTY

INVENTIVENESS (NONOBVIOUSNESS)

USEFULNESS

Invention - obvious contrary to well established natural laws

An invention - injurious to public health; The mere discovery of a scientific principle or the formulation of an abstract theory;
The mere arrangement or re-arrangement or duplication of known devices

A method or process testing, applicable during the process of manufacture for rendering machine, more efficient of the existing machine, for the improvement or control of

manufacture;

a method of agriculture or horticulture;

inventions relating to atomic energy

Three types of patent are granted under the provisions of the

act, namely :
1. An ordinary patent

2. A patent of addition
3. A patent of convention

A second type of classification of patent is :

1. 2.

Product patent Process patent

A patented article may be used by any person for experiment, research etc Compulsory licences
Inventions for defence purposes

The Indian patent act,1970

Process patent,

The patent(Amendment) act,2005

5yrs for food, drugs, medicines

,&14yrs for other inventions Indian market became undesirable to the MNCs Focus on generics and Neglect of New Drug Discovery Development of Expertise in Reverse

Product patent
20yrs,for all inventions To recognise all patents filed after1/1/05 MNCs to enjoy same IPR in India as they enjoyed elsewhere Shifting of focus from Generics to

Engineering

innovative Drug Discovery

Patent infringement is when a company or individual uses, manufactures, imports, sells, or offers a patent protected invention for sale without a license from the patent holder

Types of Patent Infringement

Direct

Indirect

Contributory

Induced

 Evolution and origin

A name or sign used on certain products which corresponds to a specific geographical location or origin.

Benefits of GI Applicant: represent interest of producers, register to Registrar of Geographical Indications along with prescribed fee. Authorized user

Prohibitions to registration of GI

Appellation of Origin
Infringement and remedies for infringement

Meaning of Industrial Designs Right

Objective of Industrial Designs Right under IPR Purpose of Protecting Industrial Design

Advantages of Industrial Design Rights

Types of Industrial Design Commercial Design Responsible Design Experimental Design Discursive Design

Under the act:

Protection to First to File System Term of Protection Penalty for infringement Objection if received

International Protection of Industrial Designs TRIPS Honda Caselet Industrial Design infringement

FILING OF APPLICATION

EXAMINATION REPORT

RESPONSE (Within 6 Months)

6 Months

RESPONSE ACCEPTED

ACCEPTANCE
(6 months from date of application)

61 Months

Certificate of Registration / Grant

Cancellation / Opposition Proceedings

RENEWAL 10 years, Renewable for a further period of 5 years)

Amendments made in Rule 14 & 21 under design rules 2001 Case Study Bajaj Pulsar v/s Ranomoto Gulsar

22%

Aware
Unaware

78%

Relevance of TRIPS agreement

Series 1

90 80 70 60 50 40 30 20 10 0 KNOW ABOUT PATENTS UNAWARE ABOUT PATENTS

80 70 60 50 40 30 20 10 0 Aware Unaware

0% 0% 19% AWARE ABOUT GEOGRAPHICAL INDICATION UNAWARE ABOUT GEOGRAPHICAL INDICATION 81%

30 25 20 15 10 5 0 20 YEARS 15 YEARS

5 YEARS

30 YEARS

35 30

25
20 15 10 5 0 AWARE UNAWARE

25 20 15 10

5
0

25 20 15 10 5 0 YES NO CAN'T SAY

APPLE'S IPHONE

SAMSUNG'S GALAXY NOTE 0% 4%

DON'T KNOW

26%

70%

Infringement of patent, trademark, user interface, style Samsung products like Nexus S, galaxy S, Galaxy Tab Features like Tap to zoom,rounded corners, bounce back scrolling etc.

In US Samsung infringed utility patents and apples design

$1.049 billion -damages for apple

patents were not violated by apple in Japan

Apple was asked to reimburse legal costs to Samsung

In South Korea -Apple -no possibility of consumers confusing both company products

Basmati rice is traditionally grown in the foothills of the Himalayas and is known for its great quality RiceTec Inc, an American co. was granted a patent by the US patent office to call its aromatic rice 'Basmati'. Objected by India since it violates the Geographical Indications act under the TRIPS.
India and Pakistan will lose out on the 45,000 tonne US import market, which forms 10 percent of the total Basmati exports