Emba Law Ipr Grp 5 Ppt.pptx

7/30/2019 Emba Law Ipr Grp 5 Ppt.pptx

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1

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 ofIPRs

CASELET:-

Ishoni Networks India Private Limited

Intellectual Property Rights


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IntellectualProperty

Copyrights*IndustrialProperty

Patents

(Eg: NewTechnology)

IndustrialDesigns

(Eg: MouseDesign)

Trademarks

(Eg: Nike)

GeographicalIndications

(Eg:Darjeeling

Tea)

Intellectual Property Rights


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Patent

Patent is a legal document granted by the governmentto the inventor

Patents can be shared, sold or licensed.

Tenure

Patent

Product Process

3


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Patent

Things that can bePatented

Product or process

which is : Novel

Non-obvious

Of industrialapplications

Things that cannot bePatented

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))

5


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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


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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

Patent


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Patents and Indian Pharmaceutical

Industry

Pharmaceutical industry- largest sharein patents

Only process patent- limitations to

foreign investors TRIPS standards (1998)

Patent act Amendment 2005- product

patent

Exponential growth of R & D required

8


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Case Study :-Bajaj Auto LTD. Vs. TVS Motor Company LTD.

ISSUE

VERDICT

ANALYSIS


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Patent Act 1970

- Amendment 2002

- Amendment 2005

AMMENDMENTS :-


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Trademark is a visual symbol/ representation, which maybe a word signature, name, device, label, numeralsor combination of colors used by one undertaking of goodsor services or other articles of commerce to distinguish it

from other similar goods or services originating from adifferent undertaking.

- Is a visual symbol/ representation

- Used by one undertaking of goods or services

- Distinguishes it from other similar goods or services

INTRODUCTION TRADEMARKS


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TRADEMARKS

CAN BEREGISTERED

PRODUCT SERVICE CERTIFICATION COLLECTIVE

CANNOT BEREGISTERED

Classification Of Trademarks


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Article 17: Rights Conferred

Article 18: Term of Protection

Article 21: Licensing and Assignment

ARTICLES


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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

Rights conferred by Trademark


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Trademark infringement is a violation of the exclusiverights 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

Trademark Infringement


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Section 1. Short title and commencement

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

Amendments


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Appellants: ShoppersStop and LifestyleVs. Respondent:Pantaloon


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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 Frootia mango drink .

Case Study of Parle Agro vs Cadbury


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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 trademarkFrooti.(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.


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92225

39762

78996

4501585699

184325

103419109361

123514

100857

0 50000 100000 150000 200000

Number of Applications

2003-04

2004-05

2005-06

2006-07

2007-08

Year

TRADEMARKS

Registered

Filed

Statistics


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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

Introduction to GI


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Toy making in Kondapalli (A.P)

Type of wood known as telia Poniki or white sander


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STATISTICS


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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

INDUSRIAL DESIGN


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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.


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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

PROCEDURE FOR REGISTRATION


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STATISTICS


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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 furtherdeveloped 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


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BIBLIOGRAOHY

www.lw/everythingaboutpatents.html

www.lw/trademarks.html

http://www.lexorbis.com/geographical-

indications.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
http://www.lexorbis.com/geographical-indications.htmlhttp://www.lexorbis.com/geographical-indications.htmlhttp://newdelhi.usembassy.gov/iprdesign.htmlhttp://newdelhi.usembassy.gov/iprdesign.htmlhttp://www.lexorbis.com/geographical-indications.htmlhttp://www.lexorbis.com/geographical-indications.htmlhttp://www.lexorbis.com/geographical-indications.html

Emba Law Ipr Grp 5 Ppt.pptx

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