Trademark & Patent Act Fnal
-
Upload
sharanya-narayanan -
Category
Documents
-
view
228 -
download
0
Transcript of Trademark & Patent Act Fnal
-
8/12/2019 Trademark & Patent Act Fnal
1/17
TRADEMARK
ACT&
PATENT ACT
-
8/12/2019 Trademark & Patent Act Fnal
2/17
INTELLECTUAL PROPERTY
RIGHTS
IPRs are legal rights which are granted to a person for
creation of the mind or intellect or idea which have
commercial value.
Hence ,there are eight mechanism to protect creation of
mind or person property:1.patents.
2.copyright.
3.trademark.
4.Industrial design.
5.geographical indication.
6.trade secrets.
7.registration of plant varieties.
8.layout designs of integrated circuit
-
8/12/2019 Trademark & Patent Act Fnal
3/17
WHAT IS TRADEMARK?
A trademark, trade mark, or trade-mark is a recognizable sign,
design or expression which
identifies products or services of
a particular source from those of
others.
The trademark owner can be an
individual, business organization,
or any legal entity.
A trademark may be located on apackage, a label, a voucher or on
the product itself. For the sake of
corporate identity trademarks are
also being displayed on companybuildings.
-
8/12/2019 Trademark & Patent Act Fnal
4/17
A trademark may be designated by the following
symbols:
An Unregistered Trademark, that is, a
mark used to promote or brand goods.
An unregistered Service mark, that is, a
mark used to promote or brand services.
A registered trademark
-
8/12/2019 Trademark & Patent Act Fnal
5/17
-
8/12/2019 Trademark & Patent Act Fnal
6/17
INDIAN TRADEMARK LAW
Indian trademark law provides protection to
trademarks statutorily under the Trademark Act,
1999.
Passing off is a common law tort which can be usedto enforce unregistered trademark rights
Statutory protection of trademark is administered
by the Controller General Of Patents, Designs andTrade Marks, a government agency which reports to
the Department of Industrial Policy and
Promotion(DIPP), under the Ministry of Commerce
and Industry.
-
8/12/2019 Trademark & Patent Act Fnal
7/17
INDIAN TRADEMARK ACT
Trademark According to Section 2 (zb) of the TradeMarks Act,1999,
trade mark means a mark capable of being
represented graph ical ly and which is capable ofd is t inguish ing the goods o r serv ices o f one person from
those of others and may inc lude shape of goods, their
packaging and comb inat ion of co lors .
A mark can include a device, brand, heading, label,ticket, name, signature, word, letter, numeral, shape of
goods, packaging or combination of colors or any such
combinations
-
8/12/2019 Trademark & Patent Act Fnal
8/17
TRADEMARK
CLASSIFICATION IN INDIA
Trademark in India is classified in about 45
different classes, which includes chemical
substances used in industry, paints,
lubricants machine and machine tools,medical and surgical instruments, stationary,
leather, household, furniture, textiles, games,,
other scientific and educational products
among many others.
These classes again are further sub-divided.
The main objective of trademark
classification is to group together the similar
nature of goods and services.
-
8/12/2019 Trademark & Patent Act Fnal
9/17
ADVANTAGES OF
REGISTERATION1. Protects your hard earned goodwill in the business
2. Protects your Name / Brand Name from being used in a
same or similar fashion, by any other business firm, thus
discourages others from cashing on your well built
goodwill
3. Gives your products a status of Branded Goods.
4. Gives an impression to your customers that the
company is selling some standard Products or Services
5. The exclusive right to the use of the trade mark in
relation to the goods or services in respect of which the
trade mark is registered.
-
8/12/2019 Trademark & Patent Act Fnal
10/17
DURATION & USE OF TM
The term of registration of trademark is 10 (Ten)
years, but may be renewed subject to the
payment of the prescribed fee, in accordance
with the provisions of the Trademarks Act,1999.An application for renewal of a trademark can be
filed within six months from Constantia (Body)
the expiry of the last registration of trademark
Generally, one who has filed an application(pending registration) can use the TM (trademark)
designation with the mark to alert the public of
his exclusive claim. The claim mayor may not be
valid. The registration symbol, ,may only be
used when the mark is registered.
-
8/12/2019 Trademark & Patent Act Fnal
11/17
WHAT IS A PATENT?
A patent is a state grant infavour of the inventorconferring on him a right touse the invention to theexclusion of all others.
The fundamental Principle inawarding a patent is that theright must be granted for aninvention, which has novelty
and utility.
The extent of legal protectionaccorded to a patent isbased upon the way the
patent claim is drafted in thepatent application.
-
8/12/2019 Trademark & Patent Act Fnal
12/17
INDIAN PATENT LAW
In order to be patentable , an invention must passfour tests:-
1. The invention must fall into one of the five
statutory classes: Processes, Machines ,
Manufactures Compositions of matter, and Newuses of any of the above
2. The invention must be useful
3. The invention must be novel
4. The invention must be
nonobvious
-
8/12/2019 Trademark & Patent Act Fnal
13/17
PATENTS ACT 1970
Patents Act,
1970
Amended in
1999
2002
2005
Patents Rules, 2003
Amended in
2005
2006
-
8/12/2019 Trademark & Patent Act Fnal
14/17
PATENT LAW SALIENT
FEATURES
Both product and process patent provided
Term of patent20 years
Examination on request
Both pre-grant and post-grant opposition
Fast track mechanism for disposal of appeals
Provision for protection of bio-diversity and traditionalknowledge
Publication of applications after 18 months with facility
for early publication
-
8/12/2019 Trademark & Patent Act Fnal
15/17
SAFEGUARDS
Compulsory license to ensure availability of
drugs at reasonable prices
Provision to deal with public health
emergency
Revocation of patent in public interest and
also on security considerations
-
8/12/2019 Trademark & Patent Act Fnal
16/17
TYPES OF PATENTS
THREE TYPES OF PATENT ARE GRANTED UNDER
THE PROVISIONS OF THE ACT, NAMELY:
An Ordinary Patent
A Patent Of Addition
A Patent Of Convention
A SECOND TYPE OF CLASSIFICATION OF PATENT IS:
Product Patent
Process Patent
-
8/12/2019 Trademark & Patent Act Fnal
17/17
EXPIRY OF A PATENT
A patent can expire in the following ways:
1.The patent has lived its full term.
2. The patentee has failed to pay the renewal fee.
3. The validity of the patent has been successfully
challenged by an opponent by filing an opposition either
with the patent office or with the courts.
4. As soon as the patent expires, it pass to the general
public domain and now anybody can use it without the
permission of the original inventor