7final legal pres

8/7/2019 7final Legal Pres

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INTELLECTUAL PROPERTY

RIGHTS

AKSHAY MORE :09-741AJAY NAMBIAR :09-743AKASH PAL :09-745

RAHUL PRAKASH :09-747YOGESH RAUT :09-749ABHIDNYA SALUNKE :09-751KRISHNA SANAP : :09-75 3MANASWI SHETYE :09-757MAYURI TEDDU :09-759SONAL SAWANT :09-755

KETAN VAGRECHA : 09-761


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A patent is an exclusive right granted for an invention, which isa 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 fulfilcertain conditions.


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PatentPatent

y Applied individually or jointly by inventor .

y

Tenure 20 years

y Necessity of Patent

y Eligibility for Patent

y Role of Patent in everyday life


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Legislation

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

M embership of International TreatiesIndia 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.


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y Types of Patents

Ordinary ApplicationApplication for Patent of Addition

Divisional ApplicationConvention application

National Phase Application under PCT.

Patentable Inventions

Non Patentable Inventions


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How is a patent granted?How is a patent granted?

Publication

Request for examination

Examination

Opposition

Grant or sealing of patent

Register of patents

Rights of patentee

Infringement


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India simplifies Patent NormsIndia simplifies Patent Norms

India notified patent rule(2005) to bring changesTo provide transparencyDecentralizationSimplify the procedure

F ollowing changes were made:-

Application to be mandatory published within 18months.In case of request published within 1 month

Definitive time frames have been prescribedReferred to examiner 1month of requestIssue of 1 st examination report 6 months


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Case studyCase 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


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Geographical indication includes any name, geographical or figurative representation or any combination of them

conveying or suggesting the geographical origin of goods towhich it applies.


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ProcedureProcedure forfor registrationregistrationApplication

Examination

Acceptance and publication

Opposition, if any

Registration


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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.


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y Article 23 the owners of GI the right, under their laws, to prevent the use of a geographical.

y Article 24 exceptions to the protection of geographicalindications that are particularly relevant for geographicalindications.


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Protection Benefits on GIProtection Benefits on GI

y Product Marketing Strategy

y Adding More Value

y Improving the Reputation

y Equal Treatment

y Action For Unfair Competition


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GI InterestGI Interest

y SocialRural employment created / stabilizedLocal commodity chain strengthened

y Environmentalsustainable approach of territory

y Economicalguaranteed 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


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Case studies: Tequila ( M exico)Case studies: Tequila ( M exico)

y Alcoholic beverage obtained through must by sugar extraction of the heartsof blue agave

y The Tequila mixto 49-51 with a proportion of 51% blue agave sugar and49% of other sugar and the tequila 100%.

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

y Under GI terms the product ingredients needs to be produced in theterritory of manufacturing Tequila.


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y This did not allowed the manufacturers to import blue agave which ledtowards conflict among the manufacturers.

y In 2006 modification of norms allowed manufacturing of flavouredTequilas.

y Also maturing of Tequila for atleast 3 years.


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ConclusionConclusion

y Valuable promoting tool

y

The reputation for local products

y National patrimony


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A trademark is a sign that individualizes the goods of agiven enterprise and distinguishes them from the goods of its competitors


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PurposePurposeTrademarks serve mainly three purposes:

y Encourage the production of quality products.y Reduce the customers costs of shopping.y Help the customer to make decisions on purchasing products.

AdvantagesAdvantagesy Promotes Economic Efficiencyy Uniformity of Quality of products in market place.y Uniformity of quality of products in market place.y Trademarks reduce the customers cost and agony.


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Types Of Trademark Types Of Trademark

y Product Trademark

y Service Trademark

y Certification Trademark

y Collective Trademark


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Trademark registration requirementTrademark registration requirement

y State trademark protection - used within the state.

y Federal trademark protection- used interstate and international commerce.

y Trademark is not Federally registered until the mark is actually used incommerce.

y No time limit on filing a trademark application.

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


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Infringement (section 29)Infringement (section 29)

Passing Off:

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

y Results in damage of business of company.

y Statutory remedy is available for infringement .

y The action for passing off is a common law remedy


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D ifference between infringement and passingD ifference between infringement and passing- -off.off.

Infringementy Statutory remedy is available for

infringement.

y It is necessary only to establishthat the infringing mark isidentical or deceptively similar tothe registered mark.

y Registration is given only to a particular category of goods

Passing-Off y The action for passing off is a

common law remedy.

y Need to prove, marks are identicalor similar, which is likely to causeconfusion and damage to the

business of the company.

y Goods need not be same, they may be related or even different.


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New genres of trademark New genres of trademark

y HologramsIf you look at a credit card for instance, you will see a small image thatchanges according to the angle from which you look at it

y Sound mark an advertising jingle can serve as a trademark

y

Scent mark


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y Trademarks Amendment Bill

It amends Trademark act, by Introduction of International Registrations .Through International Bureau of World Intellectual PropertyOrganization (WIPO).Section 11 of trademark act

Characteristics of Trademark

DistinctiveApple is a very distinctive trademark for a computer, because it hasabsolutely nothing to do with computers, it would not be distinctivefor actual apples

Non-deceptive


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Madrid protocol 36a.

Madrid protocol 36a.

y Applicationy Explanationy basic applicationy basic registrationy Common Regulationsy Contracting Organisationy Contracting Partyy Contracting Statey International application


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Thank you!!!!!

7final legal pres

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