INTELLECTUAL PROPERTY

RIGHTS

AKSHAY MORE :09-741

AJAY NAMBIAR :09-743
AKASH PAL :09-745
RAHUL PRAKASH :09-747
YOGESH RAUT :09-749
ABHIDNYA SALUNKE :09-751
KRISHNA SANAP: :09-753
MANASWI SHETYE :09-757
MAYURI TEDDU :09-759
SONAL SAWANT :09-755
KETAN VAGRECHA : 09-761
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.  In order to be patentable, the invention must fulfil
certain conditions.
 Patent

Applied individually or jointly by inventor .

Tenure – 20 years

Necessity of Patent

Eligibility for Patent

Role of Patent in everyday life

Legislation

The Patent system in India is governed by the Patents Act, 1970 (No 39 of 1970) & The
Patents Rules 1972, effective from April 20,1972. Subsequently The Patents Act, 1970 is
amended effective from January 1, 1995 & The Patents Rules, 1972 is amended effective
from June 2, 1999.

Membership of International Treaties

India is member of the following treaties governing patents:

Convention establishing World Intellectual Property Organization (WIPO)

Trips Agreement under the World Trade Organization.

Paris Convention for the protection of Industrial Property with effect from Dec. 7,
1998.

Patent Cooperation Treaty (PCT) with effective from Dec. 7, 1998.

 Types of Patents

 Ordinary Application
 Application for Patent of Addition
 Divisional Application
 Convention application
 National Phase Application under PCT.

 Patentable Inventions

 Non Patentable Inventions

 How is a patent granted?
• Publication

• Request for examination

• Examination

• Opposition

• Grant or sealing of patent

• Register of patents

• Rights of patentee

• Infringement
 India simplifies Patent Norms
• India notified patent rule(2005) to bring changes
 To provide transparency
 Decentralization
 Simplify the procedure

• Following changes were made:-

 Application to be mandatory published within 18months.

 In case of request – published within 1 month
 Definitive time frames have been prescribed
 Referred to examiner – 1month of request
 Issue of 1st examination report – 6 months
 Case study

Bajaj vs Tvs:-

• Introduction of case

• DTSi Debate between the two wheeler manufacturing giants.

• Role of Madras single bench high court.

• DTSi and CC-VTi technology.

• “No man can be condemned unheard”

 Geographical indication includes any name, geographical or
figurative representation or any combination of them
conveying or suggesting the geographical origin of goods to
which it applies.
 Procedure for registration
• Application

• Examination

• Acceptance and publication

• Opposition, if any

• Registration
 TRIPS agreement on GI
Part II, Section 3, in Articles 22-24

• Article 22 legal opportunities in their own laws for the owner

of a GI registration.

• Article 22 governments may refuse to register a trademark or

may invalidate an existing trademark.
Article 23 the owners of GI the right, under their laws, to
prevent the use of a geographical.

Article 24 exceptions to the protection of geographical

indications that are particularly relevant for geographical
indications.
 Protection Benefits on GI

 Product Marketing Strategy

 Adding More Value

 Improving the Reputation

 Equal Treatment

 Action For Unfair Competition

GI Interest

 Social
 Rural employment created / stabilized
 Local commodity chain strengthened
 Environmental
 sustainable approach of territory
 Economical
 guaranteed quality for consumers

 GI that cannot be enlisted :-

 Indication that has become generic.
 Indication likely to conflict with the name of a plant variety or animal breed
 Case studies: Tequila (Mexico)
 Alcoholic beverage obtained through must by sugar extraction of the hearts
of blue agave

 The Tequila mixto 49-51 with a proportion of 51% blue agave sugar and
49% of other sugar and the tequila 100%.

 Due to agave shortage its quantity was reduced from 100%-70% which
was later reduced to 30% not accepted by Mexican government.

 Under GI terms the product ingredients needs to be produced in the

territory of manufacturing Tequila.
 This did not allowed the manufacturers to import blue agave which led
towards conflict among the manufacturers.

 In 2006 modification of norms allowed manufacturing of flavoured

Tequilas.

 Also maturing of Tequila for atleast 3 years.

 Conclusion

 Valuable promoting tool

 The reputation for local products

 National patrimony
A trademark is a sign that individualizes the goods of a
given enterprise and distinguishes them from the goods of
its competitors
Purpose
Trademarks serve mainly three purposes:
 Encourage  the  production  of  quality products. 
 Reduce  the  customer’s  costs  of  shopping. 
 Help the customer to make decisions on purchasing products.

Advantages
 Promotes Economic Efficiency
 Uniformity of Quality of products in market place.
 Uniformity  of  quality  of  products in market place.
 Trademarks reduce the customer’s cost and agony.
 Types Of Trademark

Product Trademark

Service Trademark

Certification Trademark

Collective Trademark
 Trademark registration requirement

 State trademark protection - used within the state.

 Federal trademark protection- used interstate and international commerce.

 Trademark is not Federally registered until the mark is actually used in

commerce.

 No time limit on filing a trademark application.

 In case of Internet, URL(domain name) of website need to be register.

 Infringement (section 29)

Passing Off:

 If the Trade mark is not only deceptively similar to the trademark of other
company but also creating confusion for the customers.

 Results in damage of business of company.

 Statutory remedy is available for infringement .

 The action for passing off is a common law remedy

 Difference between infringement and passing-off.

Infringement Passing-Off
 Statutory remedy is available for  The action for passing off is a
infringement. common law remedy.

 It is necessary only to establish  Need to prove, marks are identical

that the infringing mark is or similar, which is likely to cause
identical or deceptively similar to confusion and damage to the
the registered mark. business of the company.

 Registration is given only to a  Goods need not be same, they

particular category of goods may be related or even different.
 New genres of trademark

 Holograms
 If you look at a credit card for instance, you will see a small image that
changes according to the angle from which you look at it

 Sound mark
 an advertising jingle can serve as a trademark

 Scent mark
 Trademarks Amendment Bill
 It amends Trademark act, by Introduction of International Registrations .
 Through International Bureau of World Intellectual Property
Organization (WIPO).
 Section 11 of trademark act

 Characteristics of Trademark

 Distinctive
 Apple” is a very distinctive trademark for a computer, because it has
absolutely nothing to do with computers, it would not be distinctive
for actual apples

 Non-deceptive
 Madrid protocol 36a.

 Application
 Explanation
 basic application
 basic registration
 Common Regulations
 Contracting Organisation
 Contracting Party
 Contracting State
 International application
Thank you!!!!!