two days capacity building workshop for practicing company secretaries presented by : ajay garg,...

TWO DAYS CAPACITY BUILDING WORKSHOP FOR

PRACTICING COMPANY SECRETARIES

PRESENTED BY : AJAY GARG, CORPORATE COUNSEL & LAWYERS

18.08.2012

FORE-NOON SESSION : REALISTIC OPPORTUNITIES IN IPR

ORGANIZERS : NIRC of ICSI

Following are the person who may be TM attorney-

Advocate

Graduate

A member of Institute of Company Secretaries of India

Any fit & proper person

AJAY GARGCorporate Counsel & Lawyers

Apply in Form TMA- 1.

Furnish necessary information

A TM attorney will be a Copyright Attorney


IPR & POOLS OFPROFESSIONALS

CA ?

MBA ?

CFA

Advocate ?

CWA ?

CS…AJAY GARG

Corporate Counsel & Lawyers

TRADE MARK ACT , 1999

COPYRIGHT ACT , 1957

PATENT ACT , 1970 (2005)

DESIGNS ACT , 2000

GEOGRAPHICAL INDICATION OF

GOODS ACT, 1999

BIOLOGICAL DIVERSITY ACT , 2002

PROTECTION OF PLANT VARIETIES &

FARMERS’ RIGHT ACT , 2001

SEMICONDUCTOR INTEGRATED

CIRCUIT LAYOUT DESIGN ACT,2000



KNOW YOU RIGHTPRESENTED BY : AJAY GARG, Corporate Counsel & Lawyers

Act : Trade Marks Act, 1999Rules : Trade marks Rules 2002Classes : Goods and ServicesGoods Classes : Fourth Schedule (Class 1-34)Services Classes : Fourth Schedule (Class 35-45)Forms : Second ScheduleForms : Third Schedule (to be used by Registrar)Fees : First ScheduleWebsite : www.ipindia.nic.inMain Office : In Mumbai

AJAY GARGCorporate Counsel & LawyersAJAY GARG

Corporate Counsel & Lawyers

CompetentCompetentadministrationadministration

Ministry of Commerce Ministry of Commerce Dept. Of industrial Policy & Promotion Dept. Of industrial Policy & Promotion

Controller General of Trade MarksController General of Trade MarksTrade Marks RegistryTrade Marks Registry

Web siteWeb siteAddressAddress

www.ipindia.nic.inwww.ipindia.nic.in

AddressAddress Trade Marks Registry,Trade Marks Registry, DelhiDelhiIntellectual PropertyIntellectual Property Bhavan, Bhavan, Plot NO.32, Section 14,Dwarka,Plot NO.32, Section 14,Dwarka, DelhiDelhi

TelephoneTelephone011-28082915/ 16/17011-28082915/ 16/17

TelefaxTelefax 01128032381 01128032381

JurisdictionJurisdiction State of Jammu & Kashmir, Punjab, Haryana, State of Jammu & Kashmir, Punjab, Haryana, UttarPradesh,UttarPradesh, HimachalHimachal Pradesh, Union Pradesh, Union

Territory of Delhi andTerritory of Delhi and ChandigarhChandigarh


AJAY GARGCorporate Counsel &

Lawyers

Tips to be remembered:

Creativity Fonts

Color Scheme

Tagline

Combination of picture and words

Dictionary words / Coined words

Geometrical Shapes


Lawyers

WORD MARK

Microsoft ESPN

DISNEY

LOGOS, PICTURES OR DRAWINGS

SLOGANS

PRODUCT SHAPES


Lawyers

TM - ORGANIZATIONAL STRUCTURE

MINISTRY OF COMMERCE AND INDUSTRY

MINISTRY OF COMMERCE AND INDUSTRY

DEPT. OF INDUSTRIAL POLICY & PROMOTION

DEPT. OF INDUSTRIAL POLICY & PROMOTION

CONTROLLER GENERAL OF TRADE MARKS

CONTROLLER GENERAL OF TRADE MARKS

TRADE MARKS REGISTRYTRADE MARKS REGISTRY

JOINT REGISTAR OF TRADEMARKSJOINT REGISTAR OF TRADEMARKS


Lawyers

FILING OF APPLICATION

ALLOTMENT OF APPLICATION NO.

ISSUE OF EXAMINATION REPORT BY THE TRADE MARK OFFICE

OBJECTION RAISED

NO OBJECTION OBJECTION

REMOVED BY EVIDENCE ETC.

HEARING BEFORE THE TRIBUNAL ARGUMENTS AND EVIDENCE ETC.

Objection Not Overcome

Application Abandoned

OBJECTION UPHELD

REGISTRATION REFUSED

OBJECTION OVERRULED

PUBLICATION IN THE TRADEMARK JOURNAL

4 MONTHS PERIOD FOR PUBLIC OBJECTIONS, IF NO OPPOSITION WITH IN 4 MONTHS, THE TRADEMARK IS

PROCEEDED FOR REGISTRATION

ISSUE OF REGISTRATION CERTIFICATE

RENEWAL FEE BECOMES DUE AND PAYABLE EVERY TEN YEARS w.e.f. THE DATE OF THE FILING OF APPLICATION


Lawyers

PROCEDURE FOR REGISTRATION OF TRADEMARK IN INDIA

Initially for 10 Years.

Can be renewed for further 10 Years

Can be subsequently renewed time and again.


Lawyers

1.1. INFIRNGEMENT ACTION :INFIRNGEMENT ACTION :

Injunction – ex-party or interlocutory orderInjunction – ex-party or interlocutory order

Damages or Account of Profits.Damages or Account of Profits.

Impounding of unused labels / destruction Impounding of unused labels / destruction

of the sameof the same

Order for delivery of the infringing labels;Order for delivery of the infringing labels;

Seizure and confiscation;Seizure and confiscation;

PenaltiesPenalties

2.2. PASSING OFF PASSING OFF


Lawyers

E-filing is provided by the Trade Mark Authorities :

TM Search

New Application

www.ipindia.nic.in


Lawyers

KNOW YOUR RIGHT

PRESENTED BY : AJAY GARG, Corporate Counsel & Lawyers

COPYRIGHT BASICSCOPYRIGHT BASICSAct : Copyright Act, 1957

Rules : Copyright Rules 1958

Main Office : Delhi

Forms : Schedule I

Fee Structure : Schedule II

Ownership of Copyright : First ownership defined

differently for different categories

Website : http://copyright.gov.in/


Lawyers

COPYRIGHT REGISTRATION CERTIFICATE


Lawyers

WORKS PROTECTED WORKS PROTECTED UNDER COPYRIGHT LAWUNDER COPYRIGHT LAW

1.Artistic work

2. Cinematograph work

3. Sound recording

4. Dramatic works;

5. Musical work;

6. Original literary work


Lawyers

ORGANIZATION STRUCTURE OF ORGANIZATION STRUCTURE OF COPYRIGHT IN INDIACOPYRIGHT IN INDIA

MINISTRY OF HUMAN RESOUCE DEVELOPMENT

MINISTRY OF HUMAN RESOUCE DEVELOPMENT

DEPT. OF EDUCATIONDEPT. OF EDUCATION

COPYRIGHT OFFICECOPYRIGHT OFFICE

REGISTAR OF COPYRIGHTREGISTAR OF COPYRIGHT


Lawyers

DEPUTY REGISTAR OF COPYRIGHTDEPUTY REGISTAR OF COPYRIGHT

SECTION OFFICERSSECTION OFFICERS

EXAMINERSEXAMINERS

Competentadministration

Copyright Division Department of Higher Education Ministry of Human Resource Development Government of India

Web siteaddress

http://copyright.gov.in/

Address 4th Floor, Jeevan Deep Building, 1 & 2 Parliament Street

New Delhi, 110001

Telephone (91 11) 233 41 739 (91 11) 233 62 436(91 11) 233 81 894 (Dr. Shri G.R. Raghavender)(91 11) 233 82 436 (Dr. Suresh Chand)

Telefax (91 11) 233 84 687

E-mail address

[email protected]

COPYRIGHT OFFICE


Lawyers

Objection Filed(Y/N)?

Filing of application along with fee (DD/IPO)

Issue of Dairy No.

30Days Mandatory waiting for Objections

Objection filedNo Objection

Securitization by Examiner

Application accepted (Objections rejected)

Sending Letter to both parties

Reply from both parties

Hearing by Registrar

Discrepancy letter issued to

applicant

Reply from applicant

Hearing by Registrar due to

rejection

Discrepancy

(Y/N)?

Application

Accepted

Discrepancyfound

Application Accepted (Y/N)?

Registration Approved (Y/N)? (Dy. Registrar)

Application rejected

Registration approved

Sending Rejection letter to the Applicant

Sending Extracts from Register to the Applicant

ApplicationRejected

NoYes

No Discrepancy found

PROCEDURE FOR REGISTRATION OF COPYRIGHT IN INDIA


Lawyers

ASSIGNMENT• In writing,

• Signed.

• Should identify the work with royalty

• Specify the rights assigned, duration and territorial extent.

• Rights should be exercised within a period of 1 year.

• If period not stated-then deemed to be 5 years.


Lawyers

DURATION AND TERMS OF COPYRIGHT

Copyright protection lasts for 60-year from the year following the death of the author of the works mentioned below:

Literary work Dramatic work musical work artistic work


Lawyers

Injunctions whether interim or final.

Damages.

Criminal Action

Imprisonment


Lawyers

EXCLUSIVE MARKETING RIGHT

NEW INVENTION

TERM OF PATENT ( 20 YEARS)

IS IMPROVEMENT PATENTANLE

METHODS / PROCESSES OF MANUFACTURE - PATENTABLE


Lawyers

STAGES - FILING TO GRANT OF PATENTSTAGES - FILING TO GRANT OF PATENT

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

Revocation/Amendment

OPPOSITION

• PROMPTLY AFTER 18 MONTHS FROM P.D.

• WITHIN 48 MONTHS FROM F.D.

• ALL OBJECTIONS TO BE COMPLIED WITHIN 12 MONTHS

• IF P.S.IS FILED C.S. TO BE FILED WITHIN 12MONTHS

• WITHIN 12 MONTHS

FILING OF APPLICATIONPROVNL. / COMPLETE

Decision of Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Appellate Board Board AJAY GARGCorporate Counsel & Lawyers

SCOPE OF REFERRAL PRACTICE

Needs to connect with other professional.

Moving successfully into less travelled territory.

Always bring admiration and accolades.

Be always in touch with colleagues, friends and professional friends.


PROFESSIONAL OPPURTUNITIES

ACTIVITY

INDICATIVE FEES

LEVEL - I

SEARCH 5,000 Rs.

TEMPORARY REGISTRATION

10,000Rs.

DEPARTMENTAL OBJECTION

20,000Rs.

PERMANENT REGISTRATION

5,000Rs.

LEVEL - IIOPPOSITION AGAINST

NEWAPPLICANT 50,000Rs.


Lawyers

CONT……….


Lawyers

RENEWAL 50,000 Rs.

RESTROATION 50,000Rs.

LEVEL -III

INFRINGEMENT ???Lacs

VALUATION ???Lacs

DEPARTMENTAL OBJECTION

??? Lacs

THANK YOU ONE & ALL

Ajay Garg

Corporate Counsel and Lawyers

[email protected]

09811386723

two days capacity building workshop for practicing company secretaries presented by : ajay garg,...

Documents

corporate counsel lawyers18

corporate counsel lawyersact

trade marks act

copyright act

designs act

patent act

trade marks rules

biological diversity