Demystifying the Intellectual Property (IP) Puzzle: Facts and Challenges

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© 2016 Legasis Services Pvt Ltd 1 16-Mar-16 Thursday, March 17, 2016 Demystifying the Intellectual Property (IP) puzzle – Facts and Challenges Suhas Tuljapurkar & Amit Koshal

Transcript of Demystifying the Intellectual Property (IP) Puzzle: Facts and Challenges

Page 1: Demystifying the Intellectual Property (IP) Puzzle: Facts and Challenges

© 2016 Legasis Services Pvt Ltd 116-Mar-16

Thursday, March 17, 2016

Demystifying the Intellectual Property (IP) puzzle – Facts and Challenges

Suhas Tuljapurkar & Amit Koshal

Page 2: Demystifying the Intellectual Property (IP) Puzzle: Facts and Challenges

© 2016 Legasis Services Pvt Ltd 2

What is Intellectual Property?

Three types of Properties

Immovable Property

Movable Property

Intangible Property

Fundamentals of ‘Property’ apply to all

Right of ownership

Right to peaceful enjoyment

Obligation to protect your property

Registration of property together with possession is critical

Intellectual Property is the Property created by Your Mind

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Types of Intellectual Property

Patents for Your Inventions

Trademarks for Your Identity

Copyrights for Your Literary Work

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Trademarks

Names, Words, Logos, Colors, Packaging, sounds (audible), Signs (visual), Tastes (gustatory), Touches (tactile), and Store/Office Layouts, Smells

Descriptive marks – NOT REGISTRABLE

Exclusive and Non-Exclusive use – Associated marks

Registration of Trademarks

®, TM, SM – Criminal Liability (Section 107)

10 years + Extensions

Defensive Registration

Consequence of non-use; liable for cancellation (Section 113)

Companies Act, 2013 (Rectification of name, Section 16, Rule 08)

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Patents

Patents are for Inventions

New Process or Product

Non-obvious

Industrial Applicability

Right to stop somebody from making, selling, using, importing

20 years + Jurisdictional Limitation

Technical Software is Patentable in US, Europe, and India

Not Patentable: (Section 3 of Indian Patents Act)

a) The mere discovery of a new form of a known substance

b) any medicinal or surgical process

c) a mathematical or business method or a computer programme per se or algorithms

d) mere scheme or rule or method of performing mental act or method of playing game

Ericsson Vs. Micromax in Indian Courts

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Copyrights

Property on Work such as Literary Work, Drama, Music, Artistic Work, Cinematography, Sound Recording,

Literary work includes Computer Program, Tables, Books, and compilations including computer database

Artistic Work includes Painting, Sculpture, drawing (Diagram, Map, Chart, Plan), an engraving, or a photograph

Computer Program is a set of instructions expressed in words, codes, schemes, or any other form – machine readable medium capable of causing performance of a task or achieve a result

Copyright – Exclusive Right to perform, reproduce, and copy do other acts as prescribed

Life + 60 years after the death of the author

Copyright exists without registration

Evidential Value of a Registered Copyright

Global Recognition

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Consolidating IP using a Tool Kit

Webaroo Inc. is a US entity Gupshup Technology is a subsidiary of Webaroo IncTeamChat is the software application developed by Gup ShupTeam Chat is an app for structured messagingThrough a set of 15 questions, we shall demonstrate the tool kit approach that we used for Webaroo

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Start-up Definition

Start-up defined as an entity…working towards innovation, development, deployment or commercialization of new products, processes or services driven by technology or intellectual property;

An entity is considered to be working towards innovation, development, deployment or commercialization of new products, processes or services driven by technology or intellectual property if it aims to develop and commercialize:

a. A new product or service or process, orb. A significantly improved existing product or

service or process, that will create or add value for customers or workflow.

Provided that the mere act of developing:a. products or services or processes which do not

have potential for commercialization, orb. undifferentiated products or services or

processes, orc. products or services or processes with no or

limited incremental value for customers or workflow would not be covered under this definition.

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Government Initiatives on IP

80% reduction in fee for patents

Hired hundreds of new Patent Examiners

Fast tracking of Patent Examination

Organizations to help You: TIFAC, NRDC, DIETY

Grant up to 15 lacs or 50% of foreign filing expenditure, which ever is less

10% taxation cap on royalty earned from Patents from 2017

Patent Facilitators for Start-ups

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Few Guests on Stage

Nilesh Pandit, In-house IP Professional from TCS

Nilesh Bhattad, Founder and CEO of Think Smart

Kiran Natraj, Founder and CEO of Entrib Technology

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Thank you

www.legasis.in

© 2016 Legasis Services Pvt Ltd