BBMP FIRST GRADE COLLEGE, Magadi road

Department of commerce M.COM 3rd sem

SUB :INTELLECTUAL PROPERTY RIGHTS

MODULE 2 REGISTRATION AND LAWS OF IPR

Meaning and practical aspects of registration of IPR

Introduction:

Protecting and managing intellectual property rights (IPR) is the first step for any
business seeking to establish its presence in India, and must be incorporated as an
integral part of the business asset growth strategy.

Having a distinguished intellectual property can set your business apart from
competitors, and become an essential part of your marketing. An intellectual property
can also be sold or licensed to generate revenues for you or your business.

In India, there are different types of intellectual property, which are protected under
separate laws. As a result, registering intellectual property involves navigating
complex legalities and submitting numerous documents. This requires expertise and
familiarity with procedural norms to ensure fast and effective registration.

Step By Step Guide To Get Intellectual Property

Registration Done

Step 1: Fill Out the Application Form

At the hour of documenting an IPR application form, it is basic to make a three-fold

application that has both the competitor's and the expert's marks. In addition to the

application, the rival should also present a statement of the case outlining how and why

the development is special.

Step 2 Primer Analysis And Examination

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 An examiner will evaluate the application for any needs after it gets submitted. If there

are any, they will be needed to be within a month of filling the application. A gathering

of specialists who are learned with this arrangement of IPR will in like manner assess

the substance of the declaration to decide the exactness and the authenticity of the

particulars outfitted. The expert will by then issue an assessment report.

Step 3 Correspondence of Objections Via Show-Cause Notice

If the registration centre rejects the application, the applicants are informed on the

occasion. Within a predetermined timeframe of two months following receipt of the

communication, the complaint made must be addressed. A few applicants also apply

for a gathering, and they have one month to submit an intriguing request for it. The

applicant has the option to withdraw their application even after being granted the right

to appeal if they are unable to transfer the case irrevocably to the recruitment centre.

Step 4 Publication in The IPR Journal

When the recorder acknowledges your application, it will get distributed in the IPR

journal.

Step 5 Resistance of The Registration

When a producer of a comparable product encounters the competitor's advancement

that is mentioned in the IPR journal, they may notify the opposition. If someone has a

problem with the application, they have three months to file an objection notice. The

candidate receives a copy of the notice of resistance from the registration office and has

two months to submit a counter explanation. Both, the candidate and the party recording

the notice of resistance should give confirmation through supporting archives and

attestations.

Step 6 IPR Registration

IPR enrolment is the last step. At the point when the IPR application gets recognized,

the candidate gets a seal communicating that they are the real owner of the IPR. The
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 route toward registering IPR may be dull. Before deciding to enroll in an IP, it is basic to

ensure that no other organization or gathering has developed or made a comparative

product or item.

Patent Registration in India- Overview

An individual or an entity obtaining intellectual property rights to their product of creativity

or a formal document issuing an inventor sole rights to a creative invention is called a

Patent rights. And if the creative invention is unique, then the government will grant the

individual or the entity the full freedom for their product. It provides the full right of

producing, using, trading or importing the product or process and prohibits other people

or entities from preparing it. The patents in India are regulated under the 'Patent Act 1970',

and 'Patent Rules 1972'.

A patent attorney registration is really good for around 20 years. It is possible to register

a patent for a variety of procedures, including those involving art, a process or technique

for manufacturing, machines, specific apparatuses, technological applications or apps,

computer software, pharmaceuticals or chemicals, and more.

Different kinds of Patent Registration Application

1 Basic Application This application form is carried out when there is not any reference
or application to any other practical application under process in the Indian Patent
registration. The priority and filing date are the same for general use.

2 Traditional Form If the investor or the inventor already has a patent registration in
another country and wants to file the same, this form of application is employed. It is
required to submit the initial application for an Indian patent within the allotted 12-month
window.

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 3 PCT International Application PCT International application is used to file the Patent
Registration application in repeated countries, and it provides an option for tender it in
around 142 countries. This process will take around 30-31 months from the foreign
registration date to enter and claim authority in each state.

4 PCT National Phase Application This form should be filed within 31 months from the
global registration date.

Novelty The basic qualification is that the product should be new and fresh and not be a
part of or reference from "prior art".

Inventiveness The innovation must not be obvious to a person versed in the art and must
involve some inventive action and technological progress that adds to the body of
existing knowledge.

Inventive Step The product must have some innovative action and technological
advancement that contributes to the existing knowledge, and the invention should not be
visible to any individual skilled in the art.

5 Utility Application

 Manufactured, built, or constructed

 Employed in at least one field of activity

 Can be replicated as many times as necessary utilising the same features, procedures, or

attributes.

Patent registration procedure

Step 1 File the patent application and get it numbered.

Step 2 Request for publication by filing a form. If the request is not made, the
patent specification will be published in the official journal after 18 months
from the application date. On the other hand, by making request, patent
specification can be published within one month from filing the form.

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 Step 3 Request for examination within 48 months from the date of filing of the
patent application. Request for expedited examination of patent application
can be made by paying extra fee.

Step 4 Within 12 – 24 months of filing a request for examination, the first

examination report is issued. This report may raise substantive and
procedural objections regarding the patent.

Step 5 If objections are raised, the patent applicant must comply with the
statement of objections within six months from the date of the report.

Step 6 If the official objections are met in due period, the patent is granted
and presented for opposition.

The patent is open for third party opposition, if any, for a period of one year
from the date of advertisement. A patent once granted is valid for 20 years,
and requires renewal every year from the third year of the date of
application.

Advantages of Patent Registration

 As the inventor has all the rights on the product, it keeps the adversaries at bay.

 As it changes the patent holder to be accredited with premium advantage for the innovation, it

improves the expansion of your firm and the interests.

 Some patents and registration offices are similar to other sorts of property in that it makes sense to

trade or lease them.

 If you're willing to sell or licence your patent, it might help you raise money for your company.

 Following the receipt of the patent registration, the product's creator's credibility will increase.

 He selling of the idea will bring in numerous advantages to the inventor. It makes

 royalty of about 5% or less, but it provides many benefits to characters who have the innovative

idea but don't have adequate funds to make it as a business or to the market..

 Can take legal action on the third party in case of violation

 Ameliorates your credibility in the business market

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 Documents required for the Patent Registration
process

Application in form-1

Proof of right to register the form of patent.

Report and undertaking as per section-8 in form-3, if applicable

If a patent agent goes for the patent application, then the power of administration in form-26 is

needed

If the registration is for biological substances, then the applicant has to get approval from the

'National Biodiversity Authority', earlier the allowance of the patent agent registration.

In the case of biological material used in the innovation, then the origin of geographical origin must

also be introduced.

The signature of the applicant in all the required forms and documents

The last sheet of the complete stipulation should be signed by the appellant/agent.

Start Up India Certificate or MSME If applicable

Grant The patent is issued if it satisfies all the required documents and is in sync as
per the patent law. The validity of the patent registration is for 20 years.

Trade mark registration in india

For a business, its trademark is among its most valuable assets. The company’s
trademark protects its distinctive sign or indicator. This may be a symbol, logo, word,
phrase, name, sound, design or an image that symbolizes the brand value or
goodwill associated with the business or its product and services.

 India Revamps its Trade Mark Rules

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 In India, trademarks are registered under the federal registration system with the

support of five regional offices: Ahmedabad, Chennai, Delhi, Kolkata, and Mumbai.

The Trade Mark Act of 1999 provides trademark rules for the registration, regulation,

and protection of trademarks in India. DIPP(department of industrial policy and

promotion) recently revamped old trademark rules for registering trademarks in India.

Documents required for Trademark Registration Online in India

The documents required for trademark registration online would include:

PAN Card details

 Passport

 Aadhar Card

 Incorporation Certificate or Registration Certificate

 Trademark owners ID proof

 Logo as available and applicable

 The proof of address.

 MSME Certificate

A formal letter which is duly signed by you allows us to register for the trademark

registration process. After receiving the authorization letter with all needed documents,

you can file the application online with prescribed brand name registration fee payment.

After the verification process, you will receive the confirmation of the application, once

receiving this, you can get the right to use the ™ symbol.

Trademark Registration in India Taking a trademark registration online would help a

business entity make use of certain symbols or even words that represent the business
and the products or the services made available by them. This will also help in marking
the products and services offered by them as unique ones when compared to the
competitors or the rivals.

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 Eligibility for Availing Trademark Registration Online in India

 Individuals

 Business entities

 Non-Profit Organizations

 Proprietorship entities

 Joint Venture

 Foreign Company

 Indian Company

 LLP or Limited Liability Partnership

 Trust

 Society

Types of Trademark Registration Online in India

1 Product Mark This is majorly representing the product or a good that is sold by an

entity. It will help in marking and registering the origin of the product which would help the

entity maintain its credibility. The trademarks application made from 1 to 34 are considered

to be taken for marking the products or the goods.

2 Service Mark It is marking a service rather than a product for distinguishing the
proprietors from the real owners of such similar services being provided. It shall be filed
under the class of trademarking starting from 35 to 45.

3 Collective Mark It is used for calling out to the public the differential features that are
held by a product or a service which is representing a collective of the same. This can be
used by both individuals and groups such that they can collectively protect the goods or
services and such entities can either be a company formed under Section 8 of the
Companies Act, an association, or even a public institution.

4 Certification Mark This helps in denoting the origin, the quality, material used, and
other specific details of the products which are being sold. This is basically done to
provide customers an assurance that the product is certified and marked after making
several quality checks and standard tests. This type of trademark registration online is
generally made on foods that come packed or even toys.

5 Shape Mark This will help in marking and protecting the shape of a product which
would make it easy for consumers in the market to relate it directly with the particular

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 producer of the goods and buy it from them along. But it is important that the product is
having a noteworthy shape.

6 Pattern Mark This can be done for those products which are having a noteworthy
pattern which is acting as the factor differentiating and distinguishing the same from the
other products. For this, the patterns should stand out and should be remarkable and
unique.

7 Sound Mark This is the marking given for a sound that can be associated with a
product or the service that is having its origin with a certain vendor of the same. It is also
known as audio mnemonics and is seen either at the beginning or end of an ad, say the
IPL tune.

The Detailed Procedure of Trademark Registration Online process in

India
 Step 1: Search for the trademark which should be done for different combinations in the

intellectual property websites.

 Step 2: Then the application shall be prepared by the attorney who is a Trademark Attorney and

for approval of signature of the applicant, the form namely Form 48 and TM-1 shall be used.

 Step 3: The Government Processing is the next step involved and here the status of the

processing of the submitted application should be checked on a periodic basis. And if the applicant

receives any rejection or objection a reply shall be filed not more than 30 days from receipt of such

rejection.

 Step 4: Filing of the application is to be completed with the trademark registration online. Here the

prescribed and applicable fees shall also be made.

Trademark registration procedure offline

Step 1: Conduct a trademark search. To identify a completely original trademark you

may refer to the national trademark database online.

Step 2: File the application for trademark registration along with the prescribed fees.

Step 3: Once the mark is registered, the Trade Marks Registry sends the “Official
Examination Report” asking for clarifications, if any, in accordance with the Trade
Marks Act.

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 Step 4: After the application is accepted, it is published in the ‘Trade Marks Journal’,
a government publication to call upon opposition from the general public, if any.

Step 5: If the application is not opposed within four months, then the registration is
granted. In case of opposition, registration is granted only after the case is resolved.

Step 6: After all due consideration is met, an official letter intimating the acceptance
of the application along with the trademark certificate is issued by the Trade Marks
Registry.

The whole process takes about 15 to 18 months. The trademark is valid for ten years
starting from the date of issuance of the certificate. It can be renewed for another 10
years on the payment of the prescribed fees

International Trademark
Registration
International trademark registration application under the Madrid Protocol must be filed by the
trademark applicant through the trademark office of the applicant. In case of Indian Businesses,
the Office of Registrar of Trademark, India is the office of origin. The office of origin will process the
trademark application and file it with the Intellectual Property Organization at Geneva.

India’s mobile phone manufacturer, Micromax recently received the 1.25 millionth international
trademark registration for its trademark – ‘MICROMAX’, giving it protection in over 110 countries.
The international trademark registration for Micromax was filed under the Madrid Protocol, under
which a mark can be protected in many jurisdictions by filing an application for international
registration. In this , we look at the Madrid Protocol in depth and also the process for
international trademark registration.

Micromax International Trademark Registration

Madrid Protocol
The Madrid Protocol which came into operation in 1996 and the Madrid Agreement which dates
from 1891 govern the system of international trademark registration. Under the Madrid Protocol, a
mark can be registered in multiple countries by filing an application for international trademark
registration through the trademark office of the applicant (“office of origin”).

Benefits of International Trademark Registration

 Legal Protection

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 International Trademark registration helps you in protecting your trademark legally, as

you can sue someone for any infringement doubt. Hence it is always important that

before choosing the legal way to battle against infringement, register your mark whether

it is a word, phrases or slogan or logo.

 Business Opportunity

Trademark acts as an intangible asset and paves a good path for the growth of your

business or brand. Successful trademark registration provides your business with an

opportunity to gain more profit and fame such as brands like Adidas or McDonald’s have

gained more money through licensing and franchising agreement.

 Unique Identity

The registered brand or product gets global recognition through international trademark

registration.

 Beneficial for Online Business Operators

International Trademark Registration plays a vital role in the growth and development

of the online or e-commerce business. If you own a trading business via online, then

somehow it leads your business in the right way as it is available to international

consumers all around the world.

 Changes and Renewal

The validity of the International Trademark Registration process is about 10-years from

the date of filing. And it is easy to alter or change or renew your registration. For the

renewal of the international trademark registration, all you have to do is to submit the

same application form which you have filed to WIPO.

 Protects Your Brand During Export/Import

International Trademark registration protects your brand or products or business from

counterfeits. In case any infringement happens while importing or export, then you have

all right to take legal action on such infringement.

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 Basic needs to file for International Trademark
Registration

To File the International Registration, You Need the Following Requirements:

 have a business concern in a Contracting Party?

 be resided in a Contracting Party

 be a citizen of a Contracting Party

For example, if you are a citizen of, or own a business in Australia, your association is

from Canada that is, an individual from the Madrid System and in that situation you have

to file your registration application through Canada's Intellectual Property (IP) Office.

Registration procedure involved in International

Trademark Registration

Step 1 Inspection by WIPO

Applying via National Trademark Office or Office of Origin or Workplace of Origin Keep

in mind that you have to register the mark before applying an international application,

in case if you are not yet filed registration, then submit an application in the Trademark

and IP office of the home country. This primary level of filing of an application for

trademark registration is called Basic Trademark Application. Once the Basic

Trademark registration is completed, you can apply for an International Trademark

registration through the same office, which will be forwarded further to WIPO.

Step 2 Inspection by National Offices

The IP Offices of the nations, in which place you need to assure your mark, will choose,

within the prescribed time limit of about 12 or 18 months that is after their act. WIPO will

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 draft the options of the Trademark Offices in the International Register and mail the

notification to you.

This International Trademark is valid up to 10-years. And if you want, you can alter or

renew the registration certificate at the end of 10 years.

Step 3 Timeline

The time taken for processing varies from one nation to another, but none takes more

than 18 months.

Copyright Registration Online in India - Overview

As per the law, copyright is the legal right ennobled to creators of literary, music,

dramatics, and artistic work and producers of movies and music recordings. When the

creator or the owner registers for a Copyright, it grants him an exclusive right to replicate,

reproduce, and distribute his work. Moreover, he can grant the right to anybody or to any

entity for the same purpose. Copyrights are managed and regulated under 'THE

COPYRIGHT ACT, 1957” even though you have numerous amendments to the act.

Copyright registration online in India is different from a patent. In the case of patent

registration, ideas are protected, whereas in online copyright registration, the expression

and not the designs. That’s the reason, there can be more than one invention or idea,

copyright assures that the result from such an approach isn’t copied by the others unless

authorised. The validity of copyright registration in India is for 60 years. Copyright

registration can be done for the following activities, Music, Manuscripts, Books, Literary

Work, Films, Performance, Paintings, Fashion Designs, Training Manuals, Computer

Software and so on

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 The Registrar of Copyrights is divided into six categories:

 Part A. Literary works apart from computer Programs

 Part B. Works related to music

 Part C. Artistic creations or Works

 Part D. Cinematography Films or movies

 Part E. Sound Recording

 Part F. Computer Programs, tables and Compilations

Advantages of Copyright Registration Online in

India

1 Clear Testimony: Copyright protection gives clear evidence in case if the judicial
proceeding arises. The proof is mandatory to attest to anything as per the Court law;
consequently, copyright registration is good for creators to protect their creative works.

2 Protection extended even after the death of the Creator: Copyright’s registration is not
restricted up to the creators’ lifetime; its validity and efficacy is such longer than any
other intelligent asset. It is assured for the creator’s lifespan and 60 years even after the
death of the author.

3. Public Record: When the global copyright registry is completed, an authoritative

public record is granted which helps the creative author to prove his possession over the
related copyright issues.

4. Can file Infringement: person cannot sue for copyright violation if he/she has not
registered with copyright. This copyright certification provides the owner the legal right to
file for infringement and demand for amends.

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 5.Guards Owner: Copyright registration gives exclusive rights to the author of creative
work. The author enjoys the below mentioned rights over, reproduction, adaptation,
dissemination, translation, and distribution.

6.Brand Value: Copyright registration provides the right to the creator to generate
goodwill in the business market that works as a track record of ownership and it can be
used for the purpose of trade if the creator is interested.

7. Copyright acts as an Asset: Once the copyright registration service is completed, it is

considered that he/she is the owner of the intellectual property which means it works as
assets hence can be applied in business to gain monetary benefits.

Documents Required for Copyright Registration

Online in India

Personal Information of the applicant

 Applicant’s name, address and nationality

 Name, address and nationality of the author

 Nature of the applicant’s concern in the copyright - whether the representative of the creator of the

applicant is the creator of the work.

 Photocopies of the creator’s original work

 ID proof of the author and registration certificate if it is for business operations

Process of Copyright registration online in India

The process for copyright registration process involves the following steps:

 Step 1: The copyright application form has to be filed with the concerned Copyright Registrar,

stating the particulars of the work. On the basis of the type of work, separate copyright applications

can be filed.

 Step 2: The application forms should be duly signed by the applicant and must be filed by the

Advocate to the authorized Power of Attorney for further execution. The completed application has

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 to be submitted with the Registrar of Copyrights Online electronically along with necessary

documents.

 Step 3: Once the application is filed online, the Diary number is issued.

 Step 4: Then the Copyright Examiner reviews the submitted application within 30 days for

possible discrepancies or objections.

 Step 5: If discrepancy or objections are encountered, discrepancy notice will be granted and the

same requires to have followed within 30 days from the date of granting the notice.

 Step 6: Once the disagreement has been polished off or if the application is satisfactory, the

copyright shall be incorporated and the Copyright Office shall grant the Extracts of Register of

Copyrights (ROC) and that is the Registration Certificate of copyright.

Design Registration - Overview

Design registration is done to ensure the shape, highlights, example, or ornaments. Under

design registration, intellectual property is frequently protected. The registered design may

include two-dimensional highlights that incorporate patterns or adornments, or it may

include three-dimensional highlights such as the form or arrangement of an object. A

design must fulfil the accompanying conditions so as to be registered:

The registration grants the creator the right to use the design for 10 years; an extra five

years may be added to the time limit. If there should arise an occurrence of any

infringement, the proprietor can look for lawful assistance help under the design Act.

Checklist of Design Registration

1. Present Your Work Expertly Since it is the effective way to ensure that the

registration stages design is correctly safeguarded, it is essential to document

professionally for the Design Registration. Help during the cycle of design

registration by filling out a specialised application and attending to all the

requirements of the Design Act with the assistance of experienced professionals.

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 2. Timeline Design registration applications frequently experience different time

bounds. When you have recorded the design registration application, it turns into

your responsibility to keep a check on the status of the application.

3. Protection The reason behind the list is to aware competitors about the design

patent registration of a design and falsifying. The owner of a registered design

has the right to take legal action under the Design Act in the event of any

imitation.

4. Government Process Design Registration is a fairly cycle which is just

performed by the Registrar. The Registrar experiences the realities and premises

of each case. Henceforth, with the assistance of experts it is easy to file for a

design registration application.

5. Ten Years of Security the Design Act lawfully protects the designs registered under

it for a term of five years that is extendable for an additional five years.

Advantages of Design Registration

 A good design registration number makes any article or decoration alluring and

engaging. Thus, it improves its business esteem and simultaneously builds the

attractiveness of the product.

 When a design is secured, the creator has the privilege to sue the individual or

substance who is replicating or copying the plan.

 Design registration ensures the visual qualities of items/bundling.

 There are various organizations which rely on copyright and give themselves

adequate inclusion. However, when struggle emerges the other party will challenge

the legitimacy of copyright. Therefore design registration can be viewed as the

ideal choice to demonstrate the legitimacy of specific rights.

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  When a designer includes something remarkable/innovative to its product it kind of

adds a singular character to the design.

 The uniqueness has its own methodology in the market which helps the new

product in framing its own place between every current item.

Registration Procedure Is As Follows:

Step 1 Check For Previous Registration

Check if you have registered your design before. For that reason you need to record an

application to the Patent Office. Given that the system is based on the first-to-file principle,

it would be wise of you to register designs as soon as possible.

Step 2 Application

Compose an application and give the information like name and address, regardless of

whether you are an organization or an individual, details related to the article and its class

and so forth.

Step 3 Investigation And Approval

Later, it is examined by the Patent Office. If everything is in order, everything is confirmed

and registered, and the candidate is then issued a certificate of registration. The essay is

encouraged in the Patent Office Journal, which is published every Friday, once the plan

has been recorded and is accompanied by further bibliographic information. In the case

of problems, the full process can take a year.

Step 4 Registration Of Design

When your design is registered it makes a section into the Register of Designs, it is a

record that the Patent office keeps up. It comprises name and address of the proprietor,

date of filling, class number, design number.

Step 5 Term Of The Design

Design registration is valid for up to ten years, with a five-year extension period.

Step 6 Need Claim

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The procedures for the benefit of necessity are important since India is one of the

signatories to the Paris Convention. This case grants you permission to file a second

application for a trademark that is relevant as of the date of the primary application in a

different country.

Step 7 Design Infringement

In the event of any violation, the owner has the right to take legal action to stop the misuse

and guarantee any harm. Undoubtedly, the lawbreaker will pay Rs. 25000 for any harm

they may have caused.

The Design Act of 2000 outlines the following requirements for an industrial design
to be registered in India:

1) The design should relate to the features of shape, configuration, pattern or

ornament, composition of lines or colors or both, as applied to an article. An article
may be two dimensional or three dimensional.

2) The industrial design should have been applied to the article by any industrial
process.

3) The design must be new or original, not previously published, or used in any
country prior to the date of filing for registration.

4) The design should not be linked to any functional feature of the article. (Designs
that are linked to technical or functional aspects are granted patent rights in India.)

5) The design should not include any trademark or property mark or artistic works
defined under the Indian Copyright Act, 1957.

Industrial design steps for registration procedure

STEP 1 Submit the documents for registration: registration form and

prescribed fee along with four copies of the representation of the design
(33cm x 25cm for two-dimensional representation) depicting all features of the

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 design from different views (such as front, back side, top, bottom, perspective,
etc.).

STEP 2 Submit the application to the Design wing of the patent office in
Kolkata or any branch office of the patent office in Mumbai, Delhi, or Chennai.

STEP 3 After the application is numbered, dated, and taken up for

examination, defects, if any, will be communicated to you.

STEP 4 The defects must be corrected within six months from the official date
of application.

STEP 5 If the controller is not satisfied with the correction, a personal hearing
will take place, and the decision will be given in writing.

STEP 6 If the applicant is not satisfied with the decision, they may appeal to
the high court within three months of the decision.

Once the application is accepted, it is notified in the patent office journal and is valid
for a period of 10 years from the date of registration. The period may be extended by
5 years by filing an application for renewal along with the prescribed fee.

Geographical indications
A geographical indication (GI) is a tag used on products based on their geographical
uniqueness. The uniqueness of a product is defined either by its origin, process, or
availability. GI tags usually help businesses enhance their marketability.

GI registration procedure

STEP 1 File application with the geographical indications registry.

STEP 2 After acceptance, the application is advertised for opposition.

STEP 3 After publication if the application is not opposed within three months
(extendable for one month thereafter), then registration is granted.

The registration of a geographical indication is valid for a period of 10 years. It can

be renewed from time to time for a further period of 10 years each.

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 .

The Office of the Controller General of Patents,

Designs & Trade Marks (CGPDTM) or indian
patent office
Introduction

 The Indian Patent Office is administered by the Office of the Controller

General of Patents, Designs & Trade Marks (CGPDTM). This is a subordinate
office of the Government of India and administers the Indian law of Patents,
Designs and Trade Marks.
 Office of Controller General of Patents, Designs and Trade Marks (CGPDTM)
initiates open house dialogue for IP Fraternity under the directions of the
Commerce Minister
 The Office of the Controller General of Patents, Designs and Trade Marks
(CGPDTM) generally known as the Indian Patent Office.
 It is an agency under the Department for Promotion of Industry and
Internal Trade which administers the Indian law of Patents, Designs and
Trade Marks.
 After Independence, it was felt that the Indian Patents & Designs Act,
1911 was not fulfilling its objective.
 In 1972, Patent Act, 972 was introduced. However, the 1911 Act continued to
be applicable to designs.
 The CGPDTM reports to the Ministry of Commerce and Industry and has five
main administrative sections namely, Patent Office, Designs Registry,
Trademarks Registry, Geographical indications Registry, Patent Information
System
 The patent office is headquartered at Kolkata with branches in Chennai,
New Delhi and Mumbai.
 The office of the Patent Information System and National Institute for
Intellectual Property Management is at Nagpur.
 The Controller General (CG), who supervises the administration of
the Patents Act, the Designs Act, and the Trade Marks Act, also advises
the Government on matters relating to these subjects.
 Under the office of CGPDTM, a Geographical Indications Registry has
been established in Chennai to administer the Geographical Indications of
Goods (Registration and Protection) Act, 1999.

Company size
201-500 employees

Headquarters
Kolkata, West Bengal

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CGPDTM generally known as the Indian Patent Office, is an agency under
the Department for Promotion of Industry and Internal Trade which
administers the Indian law of Patents, Designs and Trade Marks.

National Intellectual Property Rights Policy

The government recently released the National IPR policy to promote the IP regime. The policy
will encourage creativity, innovation and entrepreneurship in India. It will check the theft of one
person’s innovation by another. This is India’s first IPR policy.
About the Policy:

 ‘Creative India, Innovative India’ is the tagline of the policy. This is to incentivize
entrepreneurship, creativity and innovation and curb manufacturing and sale of
counterfeits. It promotes an India where
1. creativity and innovation are stimulated by Intellectual Property for the benefit of
everyone;
2. intellectual-property promotes advancement in arts and culture, traditional
knowledge and biodiversity resources;
3. knowledge is the main driver of development, and knowledge owned is
transformed into knowledge shared.
 It sets in place an institutional mechanism for implementation, monitoring and review. It
aims to incorporate and adapt global best practices to the Indian scenario.
 Department of Industrial Policy & Promotion (DIPP), Ministry of Commerce, Government
of India, has been appointed as the nodal department to coordinate, guide and oversee
the implementation and future development of IPRs in India.
 India’s IPR regime is in compliance with the WTO’s agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS).
 The ‘Cell for IPR Promotion & Management (CIPAM)’, setup under the aegis of DIPP, is
to be the single point of reference for the implementation of the objectives of the National
IPR Policy.
Objective of IPR Policy
There are seven major objectives:

 IPR, awareness, outreach, and promotion – awareness about the economic, social and
cultural benefits of IPRs among the society.
 Create an atmosphere of invention and innovation – stimulate the generation of IPRs
 Replace existing outdated laws – have strong and effective IPR laws, which balance the
interests of rights owners with larger public interest
 Human Capital Development for teaching, research and skill building in Intellectual
Property Rights – strengthen and expand human resources, institutions and capacities.
 Administration and management of innovation – modernize and strengthen service-
oriented IPR administration
 Commercialization of IPRs – Get value for IPRs through commercialization
 To combating IPR infringements by reinforcing the enforcement and adjudicatory
mechanisms
 The policy put in place a legal framework that will encourage the IPR regime and reduce
the time taken by the government to approve a trademark to a month. Currently, the
process takes more than a year.

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Need for an IPR Policy:

The policy is important for the government to formulate incentives in the form of tax
concessions which in turn will encourage research and development.
The policy comes in the backdrop of the US Trade Representative (USTR), in its annual
(2016 edition) Special 301 Report (on the Global State of IPR Protection and Enforcement)
retaining India on the ‘Priority Watch List’.
To maintain the sanctity of innovations so that the litigations in this domain are minimised.
It will help in protecting the traditional knowledge of India.
It will help in strengthening the Make In India, Startup and Digital India schemes.
Salient Features:

1. It aims to realise IPR’s as a marketable financial asset, promote innovation and

entrepreneurship while protecting the public interest.
2. Every five years policy will be reviewed
3. The policy is in consonance with the WTO’s agreement on TRIPS.
4. Special focus on awareness generation and effective enforcement of IPRs, also the
encouragement of IP commercialization through incentives.
5. India will engage in the negotiation of international treaties and agreements in consultation
with stakeholders.
6. It recommends making the Department of Industrial Policy and Promotion (DIPP) the nodal
agency for all IPR issues. Copyrights related issues will also come under DIPP.
7. Includes a of trademark offices to reduce the time taken for examination and registration
to just a month by 2017.
8. Things like Films, music, industrial drawings will also be all covered by copyright.
9. It seeks to facilitate domestic IPR filings, for the entire value chain from IPR generation to
commercialization.
10. It aims to promote research and development through tax benefits.
11. To encourage start-ups, there is a proposal to create an effective loan guarantee scheme.
12. The policy allows legislative flexibilities to GOI in the international treaties and TRIPS
agreement like using provisions such as Section 3(d) and compulsory licensing (CLs) for
ensuring the availability of essential and life-saving drugs at affordable prices.
13. The government will examine accession to some multilateral treaties which are in India’s
interest; and, become a signatory to those treaties which India has de facto implemented
to enable it to participate in their decision-making process.

Intellectual Property Laws in India

The twenty-first century witnessed the emergence of “Intellectual Capital” as a key wealth driver
of international trade between countries, thanks to rapid globalization and liberalization of
economies the world over. Intellectual property rights have become an irreplaceable element of
India’s business fraternity, whether in terms of new statues or judicial pronouncements. India’s
consent of the WTO (World Trade Organization) agreement has paved the way for its
compliance with TRIPS (Trade Related Aspects of Intellectual Property Rights). This article
explores the intellectual property laws in India, with specific emphasis on the amendments
brought forth by TRIPS.

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Scope of Coverage India’s legal framework caters to the following areas
of intellectual property:

 Trade Marks
 Patents
 Copyrights
 Industrial designs
 Geographical indications
 Layout designs of integrated circuit
 Varieties of plant
 Information Technology and Cybercrimes
 Data protection

Governing Regulations
Intellectual properties rights in India is governed under the following Acts:

 Trade Marks Act, 1999

 The Patents Act, 1970 (amended in 2005)
 The Copyright Act, 1957
 The Designs Act, 2000
 The Geographical Indication of Goods (Registration and Protection) Act, 1999
 The Protection of Plant Varieties and Farmers Rights Act, 2001
 The Information Technology Act, 2000

TRIPS
The TRIPS agreement has made way for the harmonization of Indian laws connected with
Intellectual Property Rights. The agreement was implemented with the minimum standards for
the protection of IPR. A time-frame has been specified within which the participating countries
are required to effect changes in their respective laws to meet the requisite compliance
standards. The rest of the article seeks to highlight the amendments brought forth by the
agreement in intellectual property laws.

1 Patents
 Law – Patents Act, 1970; amended in 2006
 Relevant Ministry – Department of Industrial Policy and
Promotion (DIPP), Ministry of Commerce and industry
1856 The Act VI of 1856 on protection of inventions based on the British Patent Law of
1852. Certain exclusive privileges granted to inventors of new manufacturers for a period
of 14 years.

1859 The Act modified as act XV Patent monopolies called exclusive privileges (making.
Selling and using inventions in India and authorizing others to do so for 14 years from
date of filing specification).

1872The Patterns & Designs Protection Act.

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 1883The Protection of Inventions Act.

1888Consolidated as the Inventions & Designs Act.

1911The Indian Patents & Designs Act.

1999On march 26, 1999 Patents (Amendment) Act, (1999) came into force from 01-01-1995.

2002The Patents (Amendment) Act 2002 came into force from 20th may 2003

2005The Patents (Amendment) Act 2005 effective from 1st January 2005

Territorial Jurisdiction of Appropriate Office

for the Applicants
Office Territorial Jurisdiction

The States of Maharashtra, Gujarat, Madhya Pradesh, Goa and

Patent Office Branch, Chhattisgarh and the Union Territories of Daman and Diu & Dadra and
Mumbai Nagar Haveli

Patent Office Branch, The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Telangana
Chennai and the Union Territories of Pondicherry and Lakshadweep

The States of Haryana, Himachal Pradesh, Punjab, Rajasthan, Uttar

Patent Office Branch, New Pradesh, Utarakhand, Delhi and the Union Territory of Chandigarh,
Delhi Jammu and Kashmir and Ladakh.

Patent Office, Kolkata The rest of India.

Brief about Indian Patent System

 Patent was first introduced to the realms of Indian business in the year 1911 courtesy of the
Indian Patent and Designs Act, 1911. This Act was superseded in the year 1972 with the
enforcement of the Patents Act, 1970. The Act, which is now the governing Act for Patents in the
country till now, went through an amendment in 2005 to be compliant with the TRIPS agreement
and is now known as the Patents (Amendments) Act, 2005.
 The Amendment oversaw the extension of product patent to all fields of technology including
foods, drugs, chemicals, and micro-organisms. In 1957, the Government of India appointed Justice
N. Raja Gopala Ayyangar Committee to examine the question of revision of the Patent Law and
advise government accordingly.
 The report of the Committee, which comprised of two parts, was submitted in September, 1959. The
first part dealt with general aspects of the Patent Law and the second part gave detailed note on the
several clauses of the lapsed bills 1953.
 The first part also dealt with evils of the patent system and solution with recommendations in regards
to the law. The committee recommended retention of the Patent System, despite its shortcomings.
This report recommended major changes in the law which formed the basis of the introduction of the
Patents Bill, 1965. This bill was introduced in the Lok Sabha on 21st September, 1965, which
however lapsed.

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 In 1967, again an amended bill was introduced which was referred to a Joint Parliamentary
Committee and on the final recommendation of the Committee, the Patents Act, 1970 was passed.
Most of the provisions of the 1970 Act were brought into force on 20 th April 1972 with publication of
the Patent Rules, 1972.
 This Act remained in force for about 24 years without any change till December 1994. Subsequently,
another ordinance was issued in 1999The amended Act provided for filing of applications for product
patents in the areas of drugs, pharmaceuticals and agro chemicals though such patents were not
allowed. However, such applications were to be examined only after 31-12-2004. Meanwhile, the
applicants could be allowed Exclusive Marketing Rights (EMR) to sell or distribute these products in
India, subject to fulfilment of certain conditions.
 The second amendment to the 1970 Act was made through the Patents (Amendment) Act, 2002 (Act
38 0f 2002). This Act came into force on 20 th May 2003 with the introduction of the new Patent
Rules, 2003 by replacing the earlier Patents Rules, 1972
 The third amendment to the Patents Act 1970 was introduced through the Patents (Amendment)
Ordinance, 2004 w.e.f. 1 st January, 2005. This Ordinance was later replaced by the Patents
(Amendment) Act 2005 (Act 15 Of 2005) on 4 th April, 2005 which was brought into force from 1-1-
2005.

Patents Rules
Under the provisions of section 159 of the Patents Act, 1970 the Central Government is empowered to
make rules for implementing the Act and regulating patent administration. Accordingly, the Patents
Rules, 1972 were notified and brought into force w.e.f. 20.4.1972. These Rules were amended from
time to time till 20 May 2003 when new Patents Rules, 2003 were brought into force by replacing the
1972 rules. These rules were further amended by the Patents (Amendment) Rules, 2005 and the
Patents (Amendment) Rules, 2006. The last amendments are made effective from 5 th May 2006.

2 .Trademark act 1999

Law – Trademark Act, 1999; amended in 2010
Relevant Ministry – DIPP, Ministry of Commerce and Industry

The Madrid Protocol

The Amendment of the Trademark Act in 2010 led to India’s foray into the Madrid Protocol in
2013, thereby enabling Indian entities to register their trademarks in 97 countries by filing a
single application form. Likewise, foreign entities of the member countries are also allowed to
register their marks in India.

The Trade Marks Registry was established in India in 1940 and presently it administers the Trade
Marks Act, 1999 and the rules made thereunder. It acts as a resource and information Centre and is a
facilitator in matters relating to trademarks in the country.

a) The objective of the Trade Marks Act, 1999 is to register trademarks applied for in the country
and to provide for better protection of trademark for goods and services and also to prevent
fraudulent use of the mark.

b) The main function of the Registry is to register trademarks which qualify for registration as per
provisions of the Trade Marks Act and Rules, and to maintain the Register of trademarks.

c) After accession to the Madrid Protocol, a treaty under the Madrid System for international
registration of trademarks, the Trade Marks Registry also functions as an office of origin in

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 respect of applications made by Indian entrepreneurs for international registration of their
trademarks and as an office of the designated Contracting party in respect of international
registrations in which India has been designated for protection of the relevant trademarks.

d) The Head Office of the Trade Marks Registry is at Mumbai and branch offices are at
Ahmedabad, Chennai, Delhi and Kolkata. For the purposes functions related to international
applications and registrations under the Madrid Protocol, an International Registration wing is
set up in the Head Office of the Trade Marks Registry at Mumbai.

e) The Controller General of Patents, Designs and Trade Marks heads the TRADE MARKS
Registry offices and functions as the Registrar of TRADE MARKS. He, from time to time,
assigns functions of the Registrar to other officers appointed by the Central Government and
such officers also function as Registrar in respect of matters assigned to them.

f) Presently all the functions of the Trade Marks Registry are performed through an automated
Trade Marks System. The Central Server of TMR is at Intellectual Property Office (IPO) Building
in Delhi and Disaster Recovery server is at IPO, Mumbai. All branches of the Trade Marks
Registry are connected to the main server in Delhi with Virtual Private Network (VPN).

g) These amendments provide lesser room for defaults. The police are now entitled to seize
any infringing materials without producing a warrant. Trademark infringement could impose
the defaulter with imprisonment for a term of at least 6 months, which may extend to three
years. This would be coupled with a fine of not less than Rs. 50,000 which may even go
up to Rs. 2,00,00.

3 Copyright
 Law – Copyrights Act 1957; amended in 2012
 Relevant Ministry – Copyright Office, Ministry of Human Resource
Development

Not many Acts in India has passed the test of time, but the Copyright Act falls among such
exceptions. The Act was formulated in the year 1957 and has been amended from time-to-time
to be on par with the international standards as specified in TRIPS.

The Act preserves the right of artistic endeavours which includes painting, sculpting, drawing,
engraving, photography, artistic craftsmanship, dramatic work, literary work, musical work, sound
recording, and cinematography. and is reflective of the Berne Convention for Protection of
Literary and Artistic Works, 1886 and the Universal Copyrights Convention The following are
some of the featured provisions of the Act:

 The Act doesn’t mandate the need for qualitative work, as any unique work with little in
common with other works qualify for this purpose.
 The creator of the work is accorded with lifetime copyrights, which will continue to be
valid a little more after his/her lifespan, i.e. until 60 years after his/her death.
 The creator is not only vested with rights of authorship but the rights of protecting his/her
works against any amendments.
 The year 1984 witnessed the inclusion of computer programming into the Act.

In the event of any defaults, the Copyright Act provides for civil remedies in the following manner:

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  Permanent injunction.
 Damages or accounts of profits.
 Delivery of the infringing material for destruction.
 Provision of the cost of legal proceedings to the defender.
 Imprisonment of a period ranging between 6 months and two years.
 A fine ranging between Rs. 50,000 and Rs. 2,00,000.

4 Designs act 2000

 Law – Designs Act, 2000
 Relevant Ministry – DIPP, Ministry of Commerce and industry
o The registration and protection of industrial designs in India is administered by the
Designs Act, 2000 and corresponding Designs Rules , 2001 which came into force on
11th May 2001 repealing the earlier Act of 1911.

o The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008
and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came
in to force from 30th December, 2014, which incorporates a new category of applicant
as small entity in addition to natural person and other than small entity.

o The industrial design recognizes the creation new and original features of new shape,
configuration, surface pattern, ornamentations and composition of lines or colours
applied to articles which in the finished state appeal to and are judged solely by the
eye.

o In order to establish a Quality Management System (QMS) in respect of design

registration activities, the office of the CGPDTM has acquired ISO 9001:2008
certification for the Design application registration process.

o The accreditation was awarded by the BSI (British Standard Institution) on 13/04/2015.
Currently the certificate is valid up to March, 2018 subject to yearly Continuous
Assessment Visit (CAV) audits.

o The ISO 9001: 2008 certificate has been awarded for the scope of “Protection &
maintenance of Industrial Design through registration relating to article of manufacture
and any substance under the provisions of Designs Act, 2000.”

5 Geographical Indications
 Law – The Geographical Indications of Goods (Registration and protection)
Act, 1999
 Relevant Ministry – DIPP, Ministry of Commerce and industry

A Geographical Indication (GI) is utilized on goods with a specific geographical origin and it
consists of qualities or reputation that are due to the place of origin. Rights in terms of GI are
valuable and needs to be protected against misuse by dishonest commercial operators.

The TRIPS agreement has listed out the minimum standards of protection of GIs and additional
protection for wines and spirits. In view of this, India has adopted legislative measures by
enacting the Geographical Indications of Goods (Registration and Protection) Act, 1999 and the
Geographical Indications of Goods (Registration and Protection) Rules, 2002.

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The use of GIs in India is widespread as the indication can be seen in a variety of products such
as Basmati Rice, Darjeeling Tea, Feni, Alphonso Mago, Allepey Green Cardamom, Coorg
Cardamom, Kanchipuram Silk Saree, Kolhapur Chappal, and a host of other commodities.

Entities registered with GIs can prevent unauthorized use of the registered geographical
indication by initiating infringement procedures through a civil suit or criminal complaint.

6 Plant Varieties and farmers act 2001

As a part of the ratification of the TRIPS agreement, India has enacted the Protection of Plant
Varieties and Farmers Act, 2001 (commonly known as the “Plant Act”), as per the
recommendations of the International Union for Protection of New Varieties of Plants, Geneva.
The Act has facilitated the creation of a Protection of Plant Varieties and Farmers Rights
Authority. The body is entrusted with the task of promoting the development of new varieties of
plants as well as the protection of plant varieties and the rights of the farmers and breeders. Till
now, the Indian Government has notified 114 crops with their genera to be registered under the
initiative.

The development is set to sustain the progress of the most important sector of all – agriculture,
as more emphasis will be attributed for discovering or developing new breeds. The scheme also
seeks to enhance the growth of the seed industry and offer the Indian farmers with better quality
of seeds.

7 Layout Designs and Integrated Circuits

act 2000
The Semiconductor Integrated Circuits Layout Design Act, 2000, was drafted into the Indian
governing system in compliance with the TRIPS agreement. The Act is aimed at ensuring the
protection of layout designs in integrated circuits.

Layout Designs
Layout Designs refers to a layout of transistors and other circuitry elements. It includes lead
wires connecting such elements and expressed in any manner in a semiconductor integrated
circuit.

Semiconductor Integrated Circuit

The Semiconductor Integrated Circuits Layout Design Act, 2000, describes a Semiconductor
Integrated Circuit as a product with transistors and other circuitry elements which are inseparably
formed on a semiconductor material, insulating material or inside the semiconductor material and
designed to perform an electronic circuitry function.

8 Data Protection and information

technology act 2000
29
Data Protection laws refer to a collection of privacy laws, policies, and procedures which are
intended to curtail the privacy intrusions caused by the collection, storage, and dissemination of
personal data. Personal data, in general terms, is the information or data pertaining to a person
who can be identified from a particular information or data collected by a government, private
organization or an agency.

India doesn’t have an express law for Data Protection, though certain provisions for the same
can be found in the relevant laws, which includes the Information Technology Act, 2000, and
the Indian Contract Act, 1872. A codified law for this purpose is likely to be enforced in the
forthcoming years.

Information Technology and Cyber Crime

The laws associated with the domain of information technology is governed by the Information
technology Act, 2000. The Act is aimed at rendering a legal recognition of transactions pursued
through electronic data interchange and other means of electronic communication involving the
use of alternative to paper-based methods of communication and storage of information with
governmental agencies. The provisions of the Act include:

 The grounds on which the government may interfere with data.

 The laws pertaining to the breach of conduct and its implications. The breach could be in
the form of a penalty for damages to computers systems, tampering with computer
source, breach of confidentiality and privacy, etc.

9. Trade Secret
A trade secret is any practice or process of a company that is generally not
known outside of the company. Information considered a trade secret
gives the company a competitive advantage over its competitors and is
often a product of internal research and development.

 Trade secrets are secret practices and processes that give a

company a competitive advantage over its competitors.
 Trade secrets may differ across jurisdictions but have three common
traits: not being public, offering some economic benefit, and being
actively protected.
 U.S. trade secrets are protected by the Economics Espionage Act of
1996.

Understanding a Trade Secret

Trade secrets may take a variety of forms, such as a proprietary
process, instrument, pattern, design, formula, recipe, method, or practice
that is not evident to others and may be used as a means to create an
enterprise that offers an advantage over competitors or provides value to
customers.

30
Trade secrets are defined differently based on jurisdiction, but all have the
following characteristics in common:

 They are not public information.

 Their secrecy provides an economic benefit to their holder.
 Their secrecy is actively protected.

If a trade secret holder fails to safeguard the secret or if the secret is

independently discovered, released, or becomes general knowledge,
protection of the secret is removed.

As confidential information (as trade secrets are known in some

jurisdictions), trade secrets are the "classified documents" of the business
world, just as top-secret documents are closely guarded by government
agencies.

Trade Secret Treatment

In the United States, trade secrets are defined and protected by the
Economic Espionage Act of 1996 As a result of a 1974 ruling, each state
may adopt its own trade secret rules..

The federal law defines trade secrets as "all forms and types of" the
following information:

 Financial
 Business
 Scientific
 Technical
 Economic
 Engineering

What is a utility model?

Similar to patents, utility models protect new technical inventions through
granting a limited exclusive right to prevent others from commercially exploiting the
protected inventions without consents of the right holders. In order to obtain
protection, an application must be filed, and a utility model must be granted. They
are sometimes referred to as “short-term patents”, “utility innovations” or “innovation
patents”. It is not easy to define a utility model, as it varies from one country to
another. In general, utility models are considered particularly suited for protecting
inventions that make small improvements to, and adaptations of, existing products
or that have a short commercial life. Utility model systems are often used by local
inventors.

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What kind of protection does a utility model offer?
An owner of a utility model obtains the exclusive right to prevent or stop others
from commercially exploiting the utility model for a limited period, often 6 to 10 years
from the filing date. In other words, in general, utility model protection means that the
invention cannot be commercially made, used, distributed, imported or sold by
others without the utility model owner's consent. The above right is territorial, i.e.
the right can be enforced only within the country in which a utility model is granted.

Personal data protection bill 2019

The Personal Data Protection Bill, 2019 was introduced in Lok Sabha by the Minister
of Electronics and Information Technology, Mr. Ravi Shankar Prasad, on December
11, 2019. The Bill seeks to provide for protection of personal data of individuals, and
establishes a Data Protection Authority for the same.

 Applicability: The Bill governs the processing of personal data by:

a. government,
b. companies incorporated in India, and
c. foreign companies dealing with personal data of individuals in India.
The Bill categorises certain personal data as sensitive personal
data. This includes financial data, biometric data, caste, religious or
political beliefs, or any other category of data specified by the
government, in consultation with the.

 Obligations of data fiduciary: A data fiduciary is an entity or individual who decides

the means and purpose of processing personal data. Such processing will be subject to
certain purpose, collection and storage limitations. For instance, personal data can be
processed only for specific, clear and lawful purpose.

Additionally, all data fiduciaries must undertake certain transparency and

accountability measures such as: (i) implementing security safeguards (such as data
encryption and preventing misuse of data), and (ii) instituting grievance redressal
mechanisms to address complaints of individuals. They must also institute mechanisms
for age verification and parental consent when processing sensitive personal data of
children.

 Rights of the individual: The Bill sets out certain rights of the individual (or data
principal). These include the right to:

32
 a. obtain confirmation from the fiduciary on whether their personal data has been
processed,
b. seek correction of inaccurate, incomplete, or out-of-date personal data,
c. have personal data transferred to any other data fiduciary in certain
circumstances,.

 Social media intermediaries: The Bill defines these to include intermediaries which
enable online interaction between users and allow for sharing of information. All such
intermediaries which have users above a notified threshold, have certain obligations,
which include providing a voluntary user verification mechanism for users in India.

 Data Protection Authority: The Bill sets up a Data Protection Authority which may:
(i) take steps to protect interests of individuals,

(ii) prevent misuse of personal data, and

(iii) ensure compliance with the Bill. It will consist of a chairperson and six members,
with at least 10 years’ expertise in the field of data protection and information
technology. Orders of the Authority can be appealed to an Appellate Tribunal. Appeals
from the Tribunal will go to the Supreme Court.

 Transfer of data outside India: Sensitive personal data may be transferred outside
India for processing if explicitly consented to by the individual, and subject to certain
additional conditions. However, such sensitive personal data should continue to be
stored in India. Certain personal data notified as critical personal data by the
government can only be processed in India.

 Exemptions:Processing of personal data is also exempted from provisions of the Bill

for certain other purposes such as:
(i) prevention, investigation, or prosecution of any offence, or
(ii) personal, domestic, or
(iii) journalistic purposes. However, such processing must be for a specific,
clear and lawful purpose, with certain security safeguards.

 Offences: Offences under the Bill include:

(i) processing or transferring personal data in violation of the Bill, punishable with a
fine of Rs 15 crore or 4% of the annual turnover of the fiduciary, whichever is higher,
and

(ii) failure to conduct a data audit, punishable with a fine of five crore rupees or 2% of
the annual turnover of the fiduciary, whichever is higher.

 Amendments to other laws: The Bill amends the Information Technology Act, 2000
to delete the provisions related to compensation payable by companies for failure to
protect personal data.

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Career opportunities in Intellectual
Property Law:
As Intellectual Property Law has outgrown itself rapidly within a few years, it has
brought along with itself, several new opportunities

With growing technologies and business opportunities, the law is not

merely limited to going to courts or joining a corporate law firm. As
Intellectual Property Law has outgrown itself rapidly within a few years, it
has brought along with itself, several new opportunities.
Emerging career opportunities in IP
1. Competition Law
Where IP is known to attain a monopoly over creation or invention,
competition law is known for the prevention of monopolistic behavior.
TRIPS Agreement provides scope for the enforcement of competition law
vis-Ã -vis anti-competitive licensing practices and conditions. In-depth
analysis of strategies and analysis of the policies of a company and
formulating new ones along with the drafting of agreements is thus an
emerging opportunity.

2. Audits and Valuation

Intellectual Property Audit is a tool that is mostly used by companies to take
into account the intangible assets which they have developed in a certain
span of time. Intellectual Property is very crucial as it accounts for the
goodwill of the company and is one of the reasons for which companies
acquire protection.

With the changing times, it is important to review IP owned, used or

acquired by a business to assess and manage risk, remedy problems and
implement best practices in IP asset management.

3. Corporate Law
Agreements are a very notable law aspect in Intellectual Property which
includes drafting of confidential information agreements, license

34
agreements, assignment agreements, franchisee agreements (to name a
few). An enterprising lawyer thus should be abreast with the issues of
Intellectual Property and its related agreements as it opens up a plethora of
opportunities of work.

4. Investigation and Enforcement Advisory

One of the key areas of enforcement of IP rights is to discover the
infringement of IP. In such scenarios, investigators that have knowledge of
IP laws are more equipped to investigate and render appropriate advice
with regard to whether any enforcement action should be taken or not.

5. Media, Fashion and Sports

These are the niche areas of practice where intellectual property law plays
a pivotal role. These sectors are IP intensive. They not only require
registration of patent, copyright, and trademarks, but these industries are
also generating a massive amount of work related to licensing, franchising,
assignment of IP, IP prosecution as well as enforcement of IP rights
globally.

conclusion

One of the essential benefits to a career in IP law is its potential to provide

exposure to interesting new developments in science, technology, and
other disciplines. For people with inquisitive mindsets, intellectual property
work can be particularly a compelling discipline and career to pursue.

Developments in nanotechnology, self-driving vehicles, biotechnology,

space exploration, drone technology, and scores of other trailblazing fields
all involve intellectual property361.

For anybody who doesn't like to trudge along the set path set by lawyers,
intellectual property is the gateway to innovation and discovery.

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