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IP Rights: Things one needs to know

By Arunesh Bhardwaj July 29, 2016


Patent

  • Patent is a bundle of intellectual property rights that a person gets on his invention. Invention means something distinct and new from the existing product. It should not be something that is natural or is in existence.
  • There are certain inventions that are not patentable and the list of the same is  at http://www.ipindia.nic.in/IPActs_Rules/updated_Version/sections/ps3.html
  • Who can apply:
    • Person claiming to be a true and first inventor of the invention or his assignee or the legal representative.
  • Having a lawyer is not a compulsion but it is an open option to the applicant.
  • How to apply:
  • Where to apply:
    • Either online or in the Patent Office having jurisdiction over the area.
  • Content of the application
    • Statement saying that the applicant is in possession of the invention.
    • Name of the first and true inventor.
    • Provisional and Complete Specification
    • Full description of the invention including its operation, use and method of using.
    • Claim of the patentee.
    • Abstract providing technical information.
  • Request for publishing the application can be made under Form 9 and it will be published after 18 months from the date of filing of application and this will grant the patentee the rights under the Act as if the patent has been granted to him. [Rule 11A]
  • The Patent granted under the Act will be valid for twenty years and will have its effect throughout India.

 

Trademark

  • Trademark is a mark by way of which the consumers identify a particular company from the lot. It is something that makes any company differentiable from the others.
  • Who can apply:
    • Person claiming to be the proprietor of a trade mark.
  • Lawyer is not required in order to apply for registration of Trademark.
  • How to apply:
  • Where to file:
  • Content of the application:
    • Description of the Trade Mark.
    • Graphical Representation of the Trade Mark.
  • What a Trade Mark can’t be:
    • Deceptively similar to an earlier registered trademark
    • Devoid of any distinctive character
    • Mark or indications which may serve in trade to designate any characteristics of the goods or service
    • Customary marks or indications of the current language
    • Mark that can cause confusion or can deceive public
    • Obscene
  • To ensure that the mark is neither already registered nor similar to a registered mark, the applicant can ask the Registrar to search for the same by filing a filled Form TM-54.
  • Once a trademark is applied for registration, the proprietor uses ‘™’ to depict that the mark is under the procedure of being registered and once the mark is registered the proprietor uses ‘®’
  • Important time limits [Section 25]:
    • Registering the trade mark: within 18 months.
    • Validity of registered Trade Mark: 10 years
    • For renewal: 6 months before expiration of the Trade Mark. [Rule 63]

 

Copyright

  • Copyright means the exclusive right to do or to authorise anyone for doing certain acts in respect of an original literary, dramatic, musical and artistic work or cinematograph films.
  • Who can apply:
    • The author of the original work can apply for registration of copyright.
    • Registering is not compulsory for having the exclusive rights under copyright.
  • Lawyer is not required in order to apply for registration of Copyright.
  • How to apply:
  • Where to apply:
    • In case the form has to be submitted in hard copy then at the Copyright Office or it can be submitted online.
  • Owner of Copyright:
    • Generally the author of the work is the first owner.
    • If work done during the course of an employment, the proprietor will be the first owner in the absence of any agreement to the contrary.
  • Term of Copyright:

Sl. No.

  • Particular
  • Term
  1.  

Published literary, dramatic, musical or artistic work.

Lifetime of the author + 60 years

  1.  

Anonymously published literary, dramatic, musical or artistic work

60 years

  1.  

In posthumous work

  1.  
  • Photograph
  1.  

Cinematograph Films

  1.  

Sound Recording

  1.  

Government Work

  1.  

Works of public undertakings

  1.  

Works of International Organisation

 

Protection of Design

  • The term design has been defined as the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article. It can either be in 2D or 3D.
  • Who can apply?
    • The person claiming to be the proprietor of any new or original design.
  • Lawyer is not required in order to apply for registration of Design.
  • How to apply:
  • Where to file:
  • Content of the application:
    • Description of the Design
    • Graphical Representation of the Design
  • What a Design can’t be:
    • Old
    • Copied
    • Disclosed to the public
    • Deceptively similar to a known design
    • Obscene
  • Validity for protection of a registered design is ten years.

Protection of Geographical Indication

  • Geographical indication is a marker by way of which the geographical origin of any goods is identifiable and can be attributed to that particular area.
  • Who can apply:
    • Producers of the concerned goods
    • Association of persons representing the interest of the producer.
  • How to apply:
  • Fill the hard copy of the requisite form.
  • Where to file:
    • Submit the form in the office of the Controller-General of Patents, Designs and Trade Marks also knows as the Registrar of Trade Marks within whose territorial limit the applicant want to register for the protection of the geographical indication.
  • Content of the application:
    • Geographical map of the Territory.
    • Particulars of the appearance of the geographical indication.
    • Affidavit showing that the applicant’s claim is established under law.
    • Particulars of the mechanism used to ensure that the special characteristic of the good is being maintained.
    • Details of the applicant.
  • A Geographical Indication can’t be something:
    • Which causes confusion or be deceptive.
    • Contrary to law enforced at the time.
    • Scandalous or obscene.
    • Generic
  • Important time limits:
    • Validity: 10 years [Section 18(1)]

 

Sources:

http://www.ipindia.nic.in/

http://ipindia.nic.in/ipr/design/Design_RegistrationBooklet/RegistrationBooklet_05February2010.pdf

http://ipindia.nic.in/ipr/design/designform.htm

http://www.ipindia.nic.in/IPActs_Rules/IPActs_Rules.htm

http://www.ipindia.nic.in/ipr/design/design_act.PDF

http://www.ipindia.nic.in/ipr/design/des_rule.PDF

http://www.ipindia.nic.in/IPActs_Rules/tmrAct/TMRAct1999.htm

http://www.ipindia.nic.in/tmr_new/tmr_act_rules/TM_Rules_2002.pdf

http://copyright.gov.in/Documents/CopyrightRules1957.pdf

http://copyright.gov.in/Documents/handbook.html

http://copyright.gov.in/Documents/Copy-Right-Rules-2013.pdf

http://ipindia.nic.in/girindia/GI_Act.pdf

http://ipindia.nic.in/girindia/GI_Rules.pdf

http://ipindia.nic.in/girindia/forms.htm

 

Image Credits: http://newventurist.com/2016/04/intellectual-property-post-12-of-startup-briefs/

 

Tags: IP Rights , Patent , Copyright , Trademark , Geographical Indication , Protection of Design


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