Contents

Introduction Patents Trade marks Intellectual property rights Consumer Protection Act

Introduction
Intellectual property law is generally understood in two categories: 1. Industrial property which concerns Patents, Trademarks, Designs etc. 2. copyrights which concerns literary and artistic works. The major goals of any intellectual property system are safeguarding the rights of an inventor in his invention and facilitating economic and social growth by providing an impetus to the advancement of science and technology.

IPR list
The following is the list of the subjects protected by intellectual property rights: 1. Literary, artistic and scientific works 2. Performances of performing artists, phonograms, and broadcasts 3. Inventions in all fields of human endeavor 4. Scientific discoveries 5. Industrial designs 6. Trademarks, service marks, and commercial names and designations 7. Protection against unfair competition 8. All other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.

Patents
The patent Act was originally passed in 1970 and came in to force in 1972. After India became a signatory for the GATT agreement in 1994, the Patent act was amended in 1999. Further amended in 2002 to give effect to agreement signed by India to the TRIPS ( Trade Related Aspects of Intellectual Property Rights). To give effect to Product Patents, as against the existing system where only process Patent was permitted, Patent (Amendment Act) was effected in 2005.

Patent
A patent is a form of industrial property. A patent may be broadly described 1.As a monopoly right conferred by the state to an inventor to industrially and commercially exploit his invention 2.At the cost of making a complete disclosure of the details of his invention.

Patent
A patent is thus
1.A statutory privilege granted by the Government to an inventor, and to other persons deriving their rights from the inventor, for a fixed period of years, to exclude other persons from manufacturing, using or selling a patented product, or from utilizing a patented method or process. 2. At the expiration of the period of the patent, the patented invention is available to the general public or as it is sometimes put, falls into the public domain.

Patent
Section 2(1) (m) of the Patent Act defines patent as patent means a patent for any invention granted under this Act. An invention has been defined under section 2(1) (j) as invention means a new product or process involving an inventive step and capable of industrial application

Patent
An Inventive step under the Act is a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art Capable of industrial application means that the invention must be capable of being made or used in an industry

Patent
Therefore, the criteria for an invention to be patentable are (1) Invention must be novel (2) be an inventive step and (3) is capable of industrial application

Who can apply for a patent?

An application for a patent for an invention can be made by any of the following persons, 1. by any person claiming to be true and first inventor of the invention, 2. by any person being the assignee of the person claiming to be the true and first inventor, 3. by the legal representative of any deceased person who immediately before his death was entitled to make such an application.

Where to apply?
The application has to be filed with the Head office or branch office as the case may be , within whose territorial limits , 1. the applicant resides or has his principal place of business or domicile, or the place where the invention actually originated or, 2. if the application is made in jointly in the names of two or more persons, the applicant whose name is first mentioned ,resides or has his principal place of business or is domiciled or 3. if the applicant or the party in a proceeding has no place of business or domicile in India, the address for service in India given by the applicant or party is situated.

Trade mark
A trade mark (also known as brand name) in simple language means, that it is a visual symbol which may be a word signature, name, device, label, numerals or combination of colors used by one undertaking / firm on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking / firm.

Legal requirements to register a trade mark

The legal requirements to register a trade mark under the Trade marks Act are: The selected mark should be capable of being represented graphically (that is in the paper form). It should be capable of distinguishing the goods or services of one undertaking from those of others. It should be used or proposed to be used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person has the right to use the mark with or without identity of that person.
Reference ipmall.info

What is WIPO and TRIPS

WIPO is an international organization under the umbrella of the United Nations tasked with administering international IP treaties and assisting governments, organizations and the private sector with IP-related issues. WIPO does not itself adjudicate disputes that arise under these treaties. The most important international agreement on IP is the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which nations must adopt in order to be part of the World Trade Organization (WTO) .TRIPS sets a minimum standard for IP protection that all signatories must meet. TRIPS provides for the resolution of disputes between nations (only nations - not citizens or corporations) through the WTO.

Indias current stand in WTO

Indias share in world trade may be less than one percent but its power to influence trade negotiations in the World Trade Organization (WTO) has increased immensely over the last few years, especially since the Doha Ministerial Conference. For India the three market access areas viz., agriculture, non-agricultural market access (NAMA) and services are equally important.

Indias current stand in WTO

The Agreement on Agriculture, which came into force on January 1, 1995, intended to set the ground for a fair and market oriented agricultural trading system with reform programmes comprising of specific commitments to reduce farm support, export subsidies and to promote market access within a stipulated time frame.

Indias current stand in WTO

For India, agriculture is a major area of concern, as it supports the livelihood of 65-70 percent of Indias population of 1.02 billion. Any multilateral negotiation on agricultural market access and farm subsidies will have its implications for Indian agriculture and its population dependent on it. In an attempt to protect this vulnerability and to ensure food security, India has continued with a protectionist trade policy in agriculture. India has continued to pursue its commitment to provide various input subsides to agriculture, along with its policy objectives of food security, rural development, rural employment and crop diversification

Indias current stand in WTO

As agriculture was recognized to be at the heart of the Doha Agenda, the Doha Ministerial Declaration started with promises of substantial improvements in agricultural market access and reductions in trade distorting domestic support in agriculture. India continued its attempt to reach an agreement through informal negotiations with the US, the EU and other members in order to break the stalemate. But it was at the initiative of the US that an agriculture negotiating group comprising of the US, EU, Australia, India and Brazil was formed in the third week of March, 2004 and came up with a the July 2004 Draft. This draft emphasized the elimination of export subsidies, reduction in farm support, promises of substantial market access .

Information Technology Act,2000

Enacted to provide legal recognition for transactions carried out by means of electronic data interchange and communication. The main objectives of the act are 1.To grant legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication commonly referred to as Electronic commerce in place of paper based methods of communication 2.To give a legal recognition to Digital signature for authentication of any information or matter which requires authentication under law.

Information Technology Act,2000

3. To facilitate electronic filing of documents with government departments 4. To facilitate electronic storage of data 5. To facilitate and give legal sanction to electronic fund transfers between banks and financial institutions 6. To give legal recognition for keeping books of accounts by Bankers in electronic format

Consumer Protection Act

The Consumer Protection Act 1986 was promulgated in pursuance of a UN resolution passed in 1985 indicating certain guidelines for better protection of the consumers. The act has undergone amendments from time to time and the last amendment was done in 2002.

Consumer protection Act

Objectives of the Act are, 1.For better protection of the consumers- The act makes consumersprovision for establishment of consumer protection councils and setting up authorities for settling consumer disputes. 2. To protect the rights of consumers in the areas of marketing of goods hazardous to life and property, quantity, quality, purity etc, at competitive prices, right of redressal of any disputes arising of unfair trade practices or restrictive prices etc, and lastly education of rights of the consumers.

Consumer protection Act

Under Sec 2(i) (d) a Consumer is defined the Act as any person who, 1. Buys any goods for a consideration a. Which has been paid or promised or partly paid and partly promised, or b. Under any system of deferred payment. 2. Hires or avails of any service for consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment.

Consumer protection Act

A consumer also includes a user of goods who uses the goods with the approval of the person who has bought the goods for consideration Or Is a beneficiary of services with the approval of the person who has hired the services for consideration.

Consumer protection Act

Who is not a consumer ? 1. A person who obtains goods for resale or any commercial purpose, 2. buys goods without consideration ; or 3. hires or avails of any services without consideration ; or 4. uses the goods without the approval of the person who has bought the goods for consideration ; or 5. is beneficiary of services without the consent of the person who has hired the services the services for consideration.

What is a consumer dispute?

On a complaint before the consumer disputes redressal forum against a person, who denies or disputes the allegations contained in the complaint , a consumer dispute arises.

Who can be a complainant?

Complainant before the CDRF can be 1. A consumer ; or 2. Any voluntary consumer association registered under the Companies Act 1956 or under any other law for the time being in force ; or 3. The central government or any State government ; or 4. One or more consumers , where there are numerous consumers having the same interest ; or 5. In case of death of a consumer , his legal heir or representative Sec 2 (1) (b).

Why the dispute?

The complaints can arise if the consumer has suffered or experienced , 1. An unfair trade practice or a restrictive trade practice, 2. defects in the goods bought by him, 3. deficiency in services hired or availed by him, 4. a price in excess of the charged by the provider of goods or services price, 5. offer of supply of goods hazardous to life and safety.