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Intellectual Property

IP laws in India cover trademarks, copyrights, patents, geographical indications, and designs. Trademarks can include numbers, symbols, letters, sounds, and colors. The process for registering a trademark involves searching for conflicting marks, applying, examination, acceptance or opposition, and potential cancellation. Copyright protects literary, dramatic, musical, artistic works and films/recordings from unauthorized reproduction, recording, broadcasting, translation, and public performance. Patents require novelty, utility, and an inventive step, and cannot be obtained for discoveries, business methods, or agricultural processes. Geographical indications confer rights over goods from a defined territory with a quality/reputation from originating in that region. Designs must be original and capable of application/

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52 views15 pages

Intellectual Property

IP laws in India cover trademarks, copyrights, patents, geographical indications, and designs. Trademarks can include numbers, symbols, letters, sounds, and colors. The process for registering a trademark involves searching for conflicting marks, applying, examination, acceptance or opposition, and potential cancellation. Copyright protects literary, dramatic, musical, artistic works and films/recordings from unauthorized reproduction, recording, broadcasting, translation, and public performance. Patents require novelty, utility, and an inventive step, and cannot be obtained for discoveries, business methods, or agricultural processes. Geographical indications confer rights over goods from a defined territory with a quality/reputation from originating in that region. Designs must be original and capable of application/

Uploaded by

Kshitish
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPT, PDF, TXT or read online on Scribd
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INTELLECTUAL PROPERTY

IP Laws in India
IP laws in India cover the following:
 Trademarks
 Copyright
 Patents
 Geographical indication of goods
 Designs
Interesting Trademarks
 numbers can be trademarks like in the case of 501
tea and 555 cigarettes
 symbols like those of Mercedes Benz or apple
computers
 letters like in 3M, IBM, NIIT
 Orange cellphone service has successfully
managed to include the colour orange as its
trademark.
 sound like MGM’s ‘roar of the lion’ can also be a
trademark
Assignment of Trademarks
 Trademark search
 Application for registration
 Receipt and examination
 Acceptance, advertisement and opposition
 Cancellation
Infringement of Trademarks
 The allegedly infringing mark must be either identical or
deceptively similar to the registered trademark;
 The goods / services in relation to which the allegedly
infringing mark is used must be specifically covered by the
registration of the registered trademark;
 The use of the allegedly infringing mark must be in the
course of trade; and
 The use must be in such a manner as to render the use
likely to be taken as being used as a trademark.
Copyright
Copyright confers protection to:
 Literary works
 Dramatic works
 Musical work
 Artistic works
 Cinematographic films and sound
recordings
Copyright
Creators can prohibit others to:
 reproduce the work in any form, such as print,
sound .video, etc
 record the work in a compact discs, cassettes, etc
 broadcast it in any form
 translate it to other languages
 use the work for a public performance, like a stage
drama or musical performance
Patents
The following are criteria for patentability:
 Novelty
 Utility
 Inventive step
Patents
The following are not patentable:
 Inventions which are frivolous or contrary to established
natural laws
 Inventions, the primary use of which, are contrary to
morality or can cause harm to humans or the environment
 The mere discovery of a scientific principle without
manifesting it in a product
 Discovery of a new use of an existing substance
 A new method of agriculture
 A business method
 A manufacturing process
Patent Filing process
 Filing application
 Publication of the application
 First examination report
 Grant
 Post-grant opposition
Geographical Indication of Goods
 The GI should pertain to a defined territory
 A given quality or reputation should be attributable
to goods originating from that region
 Registration of a GI confers the right to use the GI
in relation to goods for which GI is registered
 Also, right to obtain relief in case of infringement
 Rights under GI Act, cannot be assigned,
transferred or transmitted.
Designs
Criteria for registration:
 The design has to be original
 Designs are registered only when they can be applied to an
article
 An article, in turn, is defined as any article of manufacture
and any substance, artificial or natural, and includes any
part of an article capable of being made and sold
separately.
 The elements of design must be capable of existence
separate from the article on which they have been applied.
 The design must be of a distinctive nature and must appeal
to people.
Designs
The following designs will not qualify for
protection under the Design Act:
 Methods or principles of construction
 Features dictated by function
 A mechanical device
 A trademark
 Designs which can be construed as immoral
Non Disclosure Agreement
NDA should have the following elements:
 An NDA should define what information is confidential.
 Agreements should have clauses on restrictions on disclosure, copy
and use of information
 Restrictions on use of information when in employment and upon
termination of employment.
 Requirements relating to return of confidential documents and
paperwork upon termination of association
 Specification of penal clauses like withholding salary, imposing fines,
etc
 Addition of non-compete clause in an NDA prevents employees and
vendors from setting up competing businesses or helping competitors.
 Care should be also taken to ensure that employees do not violate the
rights of third parties.
Protecting Trade Secrets
 Employees should be made to realize their responsibility to
protect confidential material.
 Employees should be educated to identify confidential
material
 Data and information which is confidential should be
marked as such.
 Access to sensitive material or sensitive areas of the
workplace should be restricted on a need to know basis
 Interactions and disclosure to third parties should be
channeled through specified responsible employees
 When leaving an organization, an employee should be
reminded of his obligations with respect to confidential
information through an exit interview.

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