TRADEMARKS

- Governed by Trade Marks Act, 1999

- It’s a unique symbol/word/phrase/logo/design/combination that
distinguishes good and services.
- Defined under section 2(zb)- trademarks represent graphically
- Registration- an application is submitted under registrar.
- Goods categorized into one of the 45 classes- section 7
- Examination is done on a two-fold basis- If its in conflict with another
trademarked product or if it is distinct enough to be trademarked.
- It is uploaded in the trademark journal and a 4 month window is provided
for third parties to oppose it.
- Renewal of a trademark is done every 10 years and can be done any
amount of times.
- India is a signatory of Paris Convention and TRIPS Agreement.
- Infringement of trademark is dealt with under section 29.
- Handled by Registrar’s office that comes under purview of Office of
Controller General of Patents, Designs & Trademarks -> Department of
promotion of Industry and Internal Trade -> Ministry of Commerce &
Industry.
- Section 134- Jurisdiction- High Court or Supreme Court depending on
Territorial, Pecuniary and Subject Matter Jurisdiction.
- India Performing Rights Society V. Sanjay Dalia

COPYRIGHTS

- Governed by the The Copyright Act 1957.

 - Consists of following classes of works- original literary, dramatic,
musical and artistic works; cinematograph films; sound recording
- The creator of a work can prohibit or authorise anyone to reproduce the
work, use the work for a public performance, make copies/recordings of
the work, broadcast it in various forms and translate the same to other
languages.
- Section 17- author or creator of the work is first owner of copyright.
- Eastern book company V. Navin Desai- The Delhi High court observed:
It is not denied that under section 2(k) of the Copyright Act, a work
which is made or published under the direction or control of any Court,
tribunal or other judicial authority in India is a Government work.
- The reference to on-line copyright issues can be found in The Copyright
Act, 1957 and The Information Technology Act, 2000

PATENTS

- Governed by Patents Act, 1970.

- A patent is an exclusive right granted for an invention, which is a product
or a process that provides, in general, a new way of doing something, or
offers a new technical solution to a problem.
- The Office of the Controller General of Patents, Designs and Trade
Marks or CGPDTM is the body responsible for the Indian Patent Act.
- Pharmaceutical and Biotech patents are registered in India after
undergoing a stringent examination process.
- The term of every patent in India is 20 years from the date of filing the
patent application, irrespective of whether it is filed with provisional or
complete specification.
 - The three types of patents are utility patents, design patents, and plant
patents.
- Firstly, the invention must be novel, Secondly, the Invention must be
non- obvious, Thirdly, the invention must be useful in a bonafide
manner,

- Sections 3 and 4 of the Indian Patents Act, 1970 clearly mentioned the
exclusions regarding what can be patented in India.
- Section 25- grounds for opposition

DESIGNS

- Designs in India are protected under the Designs Act, 2000

- “Design” means features of shape, pattern, configuration, ornament or
composition of colors or lines
- Examples include forms of jewellery, furniture, computer fonts, emojis
etc
- Different from any artistic work as defined in clause (c) of section 2 of
the Copyright Act, 1957
- Hello Mineral Water PVT. LTD. v. Thermoking California Pure, a design
of water dispenser having a cylindrical shape was not considered as new
on the grounds that mere shape and form is not sufficient to prove
novelty.