NATIONAL INTELLECTUAL

3/31/2023
PROPERTY AWARENESS
MISSION (NIPAM)
Presentation for Level-B

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INTELLECTUAL PROPERTY

3/31/2023
 Patents

 Designs

 Trade Marks
 Geographical Indications

 Copyrights

 Semiconductor Integrated Circuits Layout-

Designs

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Different IPs in a Single Product

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LED display- Patent
Body of laptop- Design
Apple sign- Trade Mark
User Manual- Copyright
layout of IC- SICL Design

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INTELLECTUAL PROPERTY RIGHTS

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Brain
Resources

Labor

Property 4
IMPORTANCE AND SIGNIFICANCE

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Protect

Exclude
others
Utilize
Commercialize
Earn

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 UTILIZATION AND
COMMERCIALIZATION

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License or
Own Use Assign

Earn
Merchandise
Franchise
(Disney)
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Common
Businessman
Person

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WHAT IS PATENT
 PATENT IS A GRANT BY SOVEREIGN OR
STATE TO A PERSON
GIVING EXCLUSIVE RIGHT TO Stop others from
“Making., Using, Exercising, Vending AND
Importing”
AN INVENTION FOR A LIMITED PERIOD,
IN EXCHANGE FOR DISCLOSING IT IN A
PATNET SPECIFICATION Such that any one
having average skilled in the art can reproduce the
invention.

 RIGHT TO EXCLUDE OTHERS FROM USING

YOUR INVENTION
 OWNER HAS A QUALIFIED RIGHT TO USE THE
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INVENTION
 FAMOUS INVENTOR/INVENTIONS
Aryabhata Sir C V Raman Dr. A.P.J. Abdul
Kalam

The number '0' was invented by Physicist who won Known for his crucial role in
Aryabhatta and is one of the Nobel Prize in 1930 the development of India’s
oldest inventions. for “ Raman Effect” missile and nuclear weapons
programs.
The world famous chip and also the most widely used in computers, the Intel Pentium Chip
was invented by Vinod Dham. he is also called the 'Father of Pentium Chip'.

OFFICE OF THE CONTROLLER

31-03-2023 GENERAL OF PATENTS, DESIGNS 10
AND TRADEMARKS
 FAMOUS INDIAN INVENTIONS

Hepatitis Vaccine: Jaipur foot:

40 cents a dose product Affordable
giving health care access prosthetics
Nano Car: to large number of people @US
2500 US $ from Tatas with low purchasing $ 28
for providing an power
opportunity for middle
income families
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PATENTS

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 DESIGNS
Designs (ornamental or aesthetic aspects on an article)- features of shape,
configuration, pattern, ornament or composition of lines or colours applied to
any article whether in two dimensional or three dimensional or in both forms,
by any industrial process or means, whether manual, mechanical or chemical,
separate or combined, which in the finished article appeal to and are judged
solely by the eye

Term of Design –
10 Years Portable Washing
Machine
(Extendable to 15
Years)
SHAPE, CONFIGURATION & SURFACE PATTERN OF
BOTTLES
 DESIGN OF AN ARTICLE

Table Lamp

Inhaler
DESIGN OF SET OF ARTICLES

‘Set’ means a number of articles of

the same general character
ordinarily sold together or intended
to be used together; all bearing the
same design
 REQUIREMENTS TO FILE AN ORDINARY
APPLICATION
1. Application Fee (Rs 1000/4000/-)
 (Rs. 1000/- for individual/Small entity/Startup and Rs.4000/- for
others)
2. Application Form-1
 Applicant’s full name,
 Nationality, legal status,
 Address, address for service in India
 Class no, name of the article
 Priority data (if any)
 Prior registration data (if any)
 Signature & Date
3. Two sets of Representation illustrating various views of article
4. Power of attorney (if required) : Form-21 (Section – 43)
5. Assignment document (if any)
6. Form 24 (if applicant is small entity/Start up)
 Documentary evidence w.r.t F-24 (For Indian Small Entity/Start up)
 Affidavit w.r.t F-24 (For Foreign Small Entity/Start up)
 SPECIMEN OF REPRESENTATION SHEET
Name……. Total sheet….
Sheet No…..

Perspective View
The novelty resides in the shape & configuration of the ‘TEA POT' as illustrated.
No claim is made by virtue of this registration in respect of any mechanical or
other action of any mechanism whatever or in respect of any mode or principle of
construction of the Article.
No claim is made by virtue of this registration to any right to the exclusive use of
the words, letters, numbers, or trade marks appearing in the representation.

Dated: Signature of the applicant/agent

(Name of the Signatory)
 FILING OF DESIGN APPLICATIONS

For physical filing DD in favour of “Controller of Designs”

payble at Kolkata
 PUBLICATION

 All registered designs are published in Patent Office Journal

 Particulars of the registered design are published along with
one or more best views of representation
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TRADE MARKS

 Concept:
 A trade mark is any word, name, symbol or device (or
any combination thereof)
 Identifies and distinguishes the source of the goods or
services of one trader from those of others.
 Function/ Importance:
 Provides exclusive monopoly over a class of goods or
services.
 Allows a business entity to build public goodwill and
brand reputation.
 Identifies the source / origin of goods or services
 Assures customers about quality of goods or services
SUBJECT MATTER OF TRADE MARKS

 Trade Marks (including Service Marks)

 Trade Names
 Collective Marks
 Certification Marks
 Tagline / Slogans
 Shapes
A “GOOD” TRADE MARK

 Distinctiveness
• Inherent
• Acquired
 Not deceptively similar
• honestly adopted / coined
• not similar to already existing mark
• before adopting a new mark, it is advisable to have a
search conducted and evaluated. It also avoids
unnecessary litigation.
HOW TO INDICATE YOUR TRADE MARK

Registered/Unregistere
Only when Registered
d/Application Pending
HOW TO PROTECT YOUR TRADE MARK?

 Trade Marks registration is optional. However,

registration has certain advantages.
 Registration available at the national, regional or
international level.
 Initially registered for 10 years. Can be further
renewed indefinitely (10 years each time and so on).
 In case of non-use, non-renewal or no policing, trade
mark rights are lost.
 The existing trade marks registration is governed by
The Trade Mars Act, 1999 & The Trade Marks Rules,
2017.
 For more information, please visit
https://ipindia.gov.in
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WHAT IS COPYRIGHT?

Allows the owner to:

- Bundle of Rights
Choose the ways Section 2(y) defines
- Automatic Right his/her copyrighted “Works” and Section
-Exclusive Right given works are made 13 of the Copyright
to creators of original available to the public. Act, 1957 provides for
work of authorship Prevent unauthorized the “Works in which
copying/reproduction copyright subsists”
 Originality

Creativity
(Minimum Fixation
Modicum)

Criteria for
the work to
be
copyrighted
 SUBJECT MATTER OF COPYRIGHT

Literary works Artistic works

[S. 2 (o)] [S. 2 (c)]

Dramatic works Musical works

[S. 2 (h) [S. 2 (p)]

Sound Recording Works Cinematographic Films

[S. 2 (xx)] [S. 2 (f)]
RIGHTS OF AUTHORS OF COPYRIGHTED WORKS

Copyright

Economic Rights Moral Rights

(S. 57)
(S. 14)

Transferrable rights. May be assigned to

other owners for a sum of money or Non transferrable rights. They
royalties depending on the proposed remain with the original author.
usage of the work.
 SCOPE OF ECONOMIC RIGHTS

Reproduction Right • Preventing others of making copies of your work

• Right to reproduce work in material form

Distribution Right • Dissemination of physical copies of work

• Right of rental

Right to create • Adaptations, translations, compilations

derivative works • Cinema, sound recordings

Right of communication • Relaying of work by distant or interactive

to public communication means

Right of public • Right to perform the work in public

performance
 SCOPE OF MORAL RIGHTS

• The right to object to the work being distorted

Right or used in contexts that are prejudicial to the
against honor and reputation of the author.
• The author can oppose the distortion of the
Distortion work in such a way that its cultural or artistic
(Integrity) integrity is adversely affected.

Right of • The right to claim to be the author of the

Recognition work and to have that authorship recognised.
(Authorship • The right to have the author’s name
mentioned, for instance when the work is
/Paternity) reproduced.
 TERM OF PROTECTION (S. 22)

Published literary/ Dramatic, Life of author + 60 years

Artistic and Musical work

Cinematographic Film and Sound 60 years from date of publication

Recording

Broadcast Reproduction Rights 25 years from the year following

the year of broadcast

Performance Right 50 years from the year following

the year in which performance is
made
 APPLICATION PROCEDURE

⮚ FORM-XIV

⮚ Every such application can be filed in the Copyright

Office by person or by post or by e- filing facility.

⮚ Payment can be made in the form of payment

gateway/DD/IPO.

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 EXAMINATION OF APPLICATION

Prescribed fees (schedule 2)

S. No. Class of Work Fees

1. Literary, Dramatic, Artistic, Musical 500-/ INR

2. Artistic
(To be used or capable of being used on 2000-/ INR
goods and services)

3. Sound Recording 2000-/ INR

4. Cinematograph Films 5000-/ INR

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 EXAMINATION PROCEDURE
Application
Received at Formality Waiting No
Scrutiny Discrepancy
Copyright Check Period
Office
Discrepancy
Discrepancy
No letter is issued
to the Approval by
Response Dy.
applicant
Registrar
Discrepancy
Removed
Application
Abandoned Rejected
Hearing
before No
Registrar

Registration Yes
Approved 3
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 3/31/2023
Semiconductor Integrated Circuits Layout-Design

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 INTRODUCTION OF SICLD
 "Semiconductor Integrated Circuit (SIC)" means a product having transistors and
other circuitry elements, inseparably formed on or inside a semiconductor or
insulating material, designed to perform an electronic circuitry function.

 “Layout-Design" means a layout of transistors and other circuitry elements and

includes lead wires connecting such elements and expressed in a manner in SICs.

 Semiconductor Integrated Circuits Layout-Design (SICLD) Registry, Delhi is the

office where the applications on Layout-Designs of integrated circuits are filed for
registration of created IPR.

 SICLD is an important IPR for protection of products with fast changing

technologies, such as electronic gadgets, computers etc.

 The registration of a layout-design is for a period of 10 years from the date of

application filing or first commercial exploitation, whichever is earlier.

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 SICLD PROCESSING AND USES

 SICs: Basis of advanced electrical, electronics and IT technologies

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GEOGRAPHICAL INDICATION

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Video -2

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COURTESY-CIPAM
GEOGRAPHIC INDICATIONS (GI)
A Geographical indication (GI) is an indication that identifies a product
that have a specific geographical origin and possess qualities or a
reputation that are due to that origin.

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Courtesy: GI Registry
 DARJEELING TEA MAKRANA MARBLE

RATLAMI SEV KANCHEEPURAM SILK

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Courtesy: CIPAM
 KATHPUTLIS OF BAGH PRINTS OF BENGAL
RAJASTHAN MADHYA PRADESH PATACHITRA

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CHERIYAL PAINTINGS BIDRIWARE WARLI PAINTING

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Courtesy: GI Registry & CIPAM

 MAGAHI PAAN DEVANAHALLI POMELLO APPEMIDI MANGO

KASHMIR SAFFRON SHAHI LITCHI OF BIHAR COORG ORANGE

Courtesy: GI Registry
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Video-3

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COURTESY-CIPAM
 VALIDITY
 Patents- 20 years term

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There is nothing called global / international patent
 Designs- 10 years + 5 years

 Trade Marks- Indefinitely

 GI-Indefinitely subject to renewal

 Copyright- lifetime of the author + sixty years

Who can Apply:- Person (Individual not for GI) or

legal representative
Person includes:- Firm, partnership, small entity and a
body corporate
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All IP rights are territorial in nature

 POINTS TO REMEMBER
 Firstprotect then Publish
 Rights are Territorial (Limited to boundary of

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Country/ sovereign authority), registration is
required (in each country)*
 Registration is done by sovereign authority (i.e.
Government of India)
 Rights for limited period of time

 No automatic relief.(Need to file infringement suit)

 Renewal fees to be paid for some IPRs*

 Appointment of Patent Agent is not Compulsory;

applicant can sign the documents and file himself.
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* - Except Copyright and Trade secret

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 CAREER OPPORTUNITIES
 Government Job
 Examiner of Patents and Designs
 Examiner of Trademark and GI
 Examiner of Copyrights

 Others
 Patent Agent
 Trademark Agent
 JRF/SRF is Patent Facilitation Centers
 Patent Litigation and other opportunities in
private sector
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CONTACT DETAILS FOR FURTHER TRAINING

 Rajiv Gandhi National Institute of Intellectual

Property Management (RGNIIPM),

3/31/2023
03, Hislop College Road, Civil lines, Near
Nagpur University, Nagpur,
Maharashtra - 440001
Phone: 0712 –2542961 / 2542979 / 2540913 /
2540922
Email: rgniipm.ipo@nic.in
Website: https://ipindia.gov.in

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3/31/2023
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Activity: Find the famous Trademarks?

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Activity: Find the famous Trademarks?

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FIND THE IP

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1 2

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Which type of IP protects
the painting painted by

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artists?

 Copyright
 Geographical indications

 Patents

 Designs

 Trademarks 60
Whatprotects the intellectual
property created by fashion

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designers?

 Copyright
 Geographical indications

 Patents

 Designs

 Trademarks

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What protects the advanced
disk brake for bike developed

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by the inventors?

 Copyright
 Geographical indications

 Patents

 Designs

 Trademarks

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Whichof these is a
geographical indication?

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 BMW
 Nagpur Orange

 Ironing machine with stem

 Playstation

 World Wide Web

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What does a trademark protect?

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 An invention
 A work of art

 Logos, names and brands

 A secret formula

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How long can a patent last?

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 10 years
 20 years

 40 years

 60 years

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 If
you write an original story, what
type of intellectual property gives

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you the right to decide who can
make and sell copies of your work?

 Copyright
 Geographical indications
 Patents
 Designs
 Trademarks
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 Imagine a cricketer sets up his own
company to sell his own range of

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clothes. What type of intellectual
property can he use to show that the
clothes are made by his company?

 Copyright
 Geographical indications
 Patents
 Designs
 Trademarks

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 If
a company develops a new

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technology that improves its main
product, what type of intellectual
property can they use to stop others
from copying their invention?

 Copyright
 Geographical indications
 Patents
 Designs
 Trademarks
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 3/31/2023
www.ipindia.gov.in

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