Professional Documents
Culture Documents
Unit 6
SYLLABUS
• Intellectual Properties(IP'S) : Concept of
Intellectual Property, Copyright and
Trademark,
• Different kinds of marks (brand names, logos,
signatures, symbols, well known marks,
certification
• marks and service marks, Patents, Importance
of Patent Information in Business
Development
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INTELLECTUAL PROPERTY
The term ‘intellectual property’ (IP) refers to property created with the use of human
intellect.
IP refers to all creations of mind which are vested with the status of property
because of the commercial value associated with the intellectual creation. i.e.
inventions in all fields of human endeavor, scientific discoveries, industrial designs for
article, literary & artistic work, symbols etc. used in commerce.
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Intellectual property in India
Trade Marks
Copy Right
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Geographical Indications
INDUSTRIAL PROPERTY
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‘Trade Mark’ – Definition under the Trade
Marks Act 1999
Trade mark means, a mark capable of being represented graphically and
which is capable of distinguishing the goods or services of one person
from those of others and may include shape of goods, their packaging
and combination of colures….
JUST DO IT.
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Notice of Registration
® TM
______ is a
trademark/service SM
mark of _______
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Purpose & functions of a Trademark
• To identify the origin of the product/service.
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Selecting a Mark
Distinctiveness Spectrum
The more distinctive the mark, the greater its level of legal protectability.
Generic marks are not capable of trademark protection. Descriptive marks
are capable of protection only with a showing of secondary meaning.
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Product Mark
• A product mark is similar to trademark only, but it is to
identify the products or goods instead of services. Herein the
product is the unique selling feature of the company. Initially,
TM, which states that the mark is not yet registered. Once
they are registered, they have to use ®.
• Examples: Pepsi®, Maggi®, PHILIPS® etc.
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Service Mark
• This type of trademark is used to identify and
distinguish the services rather than the products.
• Like intangible products , transport, communication
or other utilities such as electricity, water, routine
maintenance or repair work, etc.
• The Service marks have their particular symbol which
is SM and not TM.
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Collective Mark
A collective mark is owned by a collective, whose
members use the collective mark to identify their
goods and services and to distinguish their goods
and services from those of non-members, and to
indicate membership in the group.
• Examples are like "CA" device is used by the members who fall under Institute of
Chartered Accountants; another example is "CPA" which denotes members of the
Society of Certified Public Accountants.
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Certification Marks
Certification marks are used to define
"standard" of goods and services.
Example: Woolmark, which is certified for the
fabrics on clothing, Agmark, and ISI.
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Shape Marks
To sum up shape trademarks, it has facilitated promotion of
products and emerged into the trademark type after the
technological advancement of graphics and other forms of
animation technology. The graphical representation which is able
to make a difference amongst the products can be shape
marked. An example can be the Galliano liquor bottle.
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Pattern Mark
• The general meaning of pattern is a repetition of similar design, so it is a
type of trademark wherein the pattern is able to distinguish the product
and services of one brand from another. These are difficult to be
distinguished and have high chances of infringement with near similar
designs.
• They at times, fail to make a distinction and the registration would not be
accepted unless they have evidence of distinctiveness.
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Sound Mark
• The sound graphics that distinguish the
products and services of one from the other.
• The sound logo can comprise musical notes,
words and sound graphics. The first Sound
Mark to be registered in India was Yahoo
yodel followed by Nokia tune.
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Loss of Rights
• Improper use • Failure to police
• Non-use • Cancellation
• Improper assignment
or licensing
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Benefits of Registration of a trademark
• Registration is prima facie evidence of proprietorship of the
trademark
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Appropriate form and fee
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Steps involved in registration process
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If you have an invention or
inventive idea
What do you do?
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• A patent is a statutory grant by Govt for new inventions conferring certain
monopoly rights on the grantee for a defined period, subject to certain
conditions ie Exclusive rights given to a person in return for a full and complete
disclosure of the invention for which the patent is claimed
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Novel Industrial utility Non-obviousness Subject
Novel
matter
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• Novelty mean that the subject matter SHOULD NOT BE
– PUBLISHED IN ANYWHERE IN THE WORLD PRIOR TO
THE PATENT APPLICANT INVENTING IT
– IN PRIOR PUBLIC KNOWLEDGE OR PRIOR PUBLIC, BUT
NOT NECESSARILY PATENTED OR PUBLISHED
– USE, SALE, MANUFACTURE, & DEVELOPED ANYWHERE
IN THE WORLD
– CLAIMED BEFORE IN A PATENT SPECIFICATION
ANYWHERE IN THE WORLD
A Novel subject is not part of state of the art.
(state of the art comprise product, process, or information
in public domain)
• Novelty is determined before inventive step (or Non-
obviousness) because the creative contribution of the inventor
can be assessed only by knowing the novel elements of the
invention
• The Novelty Search is conducted to see whether the invention
is anticipated by any prior art
Anticipation
Dictionary Meaning:
• A prior action that takes into account
or forestalls a later action
• Visualization of a future event or state
• Doctrine of anticipation
“A claim is said to be “anticipated” if comparison of the claimed
invention with a prior art reference reveals that each and every
element in the claim under attack is shown or described,
organized, and functioning in substantially the same manner as
in the prior art reference”
The Non-obviousness Requirement
• Even if the invention demonstrate patentable subject matter,
utility and novelty, the patent will not issue if the invention is
obvious
NOT
PATENTABLE
Brief glace on different types of Searches
⚫ Novelty Search
⚫ Patentability Analysis
⚫ Landscape Analysis
⚫ Infringement Analysis
⚫ Validity/Invalidity Search
Who can file a patent?
Section 6: Persons entitled to apply for patents
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Types of Applications
• Ordinary Applications
• Convention Application
• Patent of Addition Application
• Divisional Applications
• PCT International Phase Application
• PCT National Phase Application
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Documents required for filing of a
Patent Application
1. Application for Grant of Patent in Form 1 in duplicate
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Contents of Specification
• Title of the invention
• Field of the invention
• Background of the invention (PRIOR ART)
• Object of the invention
• Summary of the invention
• Brief description of drawings, if any
• Detailed description of the invention
• Examples
• Claims- not required in provisional
• Abstract- not required in provisional
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Provisional application
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Complete Specifications
Example
Provisional application: 01-12-2008
Complete specification: 01-12-2009
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Section 10: Contents of Specifications
2) Drawings
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Section 10: Contents of specifications (contd.)
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Stages from filing to grant of a
patent
STAGES - FILING TO GRANT OF PATENT
FILING OF APPLICATION
• IF P.S.IS FILED C.S. TO BE FILED WITHIN 12MONTHS
PROVNL. / COMPLETE
Appeal
Revocation/Amendment
Appellate Board 55
Section 11 A: Publication of Applications
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Rule 24-B: Examination of application
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Rule 24-B: Examination of application (contd.)
4) The period within which the Controller shall dispose off the report of the
examiner shall ordinarily be one month from the date of the receipt of the
such report by the Controller.
6) Applicant shall comply with the requirement within 12 months from the
date on which first statement of objection was issued. (section 21)
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A PROCEDURE FROM FILING TO
GRANT OF PATENT (Cont.)
GRANT OF PATENT
Rejection of opposition
Decision of Appellate
POST GRANT OPPOSITION
Controller Board
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IMPORTANT FEES IN DIFFERENT PROCEEDINGS
(Amount in Rupees)
60 SKM
DUTIES OF PATENTEE
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Patent Infringement
1. Demand the infringer stop & pay
damages for past infringement
2. Offer a “Royalty”
3. Ignore the infringement or postpone
action
4. File a patent infringement lawsuit in
federal court
Litigation vs Licensing
If the objective is to stop a
competitor from offering a If the objective is to obtain
product that infringes one’s royalty for the use of one’s
patent. invention.
Alternatives To Litigation
● Litigations are costly, timely, &
disruptive
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Copyrights
Copyright is necessary →
encourage dissemination of
copyrighted works = public interest
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The work concerned has to be
Original
Work of authorship
Fixed
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Artistic Works
Original Literary, Dramatic, Musical and Artistic
Works
Photographs
Cinematograph Films
Sound Recordings
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Novels, poems, short stories
Books on any subject
Computer programmes,
tables, computer databases
Song lyrics
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DURATION AND TERMS OF
COPYRIGHT
Copyright protection lasts for 60-
year from the year following the:
➢Literary work
➢Dramatic work
➢Musical work
➢Artistic work Death of
Author
➢Sound Recording
➢Cinematograph work
Date of
Publication
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25 Years
• Rights of a performer in a cinematograph film
• Cessation of Rights after Consent
Broadcast:
Communication to the public by any means of:
Wireless diffusion or by wire.
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1.Enter your valid User ID and Password to login.
2.Click onto NewUser Registration, if you have not yet
registered.
3.Note down User ID and Password for future use.
4.After login, click on to link “Click for online Copyright
Registration”.
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5.The online “Copyright Registration Form” is to be filled up in four steps
1. Complete the Form XIV, then press SAVE button to Save entered details, and
press Step 2 to move to Next Step.
2. Fillup the Statement of Particulars, and then press SAVE button to Save
entered details, and press Step 3/4 to move to Next step
3. Fillup the Statement of Further particulars. This form is applicable for
“LITERARY/ DRAMATIC, MUSICAL AND ARTISTIC” works, and then press
SAVE button to Save entrered details, and press Step 4 to move to Next Step.
4. Make the payment through Internet Payment gateway
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6.After successful submission of the form, Diary Number will be
generated (Please note it for future reference).
7.Please take hard copy(print) of “Acknowledgement Slip” and
“Copyright Registration Report”, and send it by post to
Copyright Division
Department of Industrial Policy & Promotion, Ministry of
Commerce and Industry
Boudhik Sampada Bhawan,
Plot No. 32, Sector 14, Dwarka, New Delhi-110075
Email Address: copyright@nic.in
Telephone No.: 011-25301202
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For a license to republish a Literary, Dramatic, Musical or Artistic
1. Rs. 5,000/- per work
work (Sections 31, 31A,31B* and 32A)
For a license to communicate an any work to the public by Rs. 40,000/- per
2.
Broadcast(Section 31(1)(b)) applicant/per sataton
For an application for registration or copyright in a:
(a)Literary, Dramatic, Musical or Artistic work Rs. 500/- per work
3. (b)Provided that in respect of a Literary or Artistic work which is
used or is capable of being used in relation to any goods or Rs. 2,000/- per work
services (Section 45)
For an application for change in particulars of copyright entered in
the Register of Copyrights in respect of a:
(a)Literary, Dramatic, Musical or Artistic work Rs. 200/- per work
4.
(b)Provided that in respect of a literary or Artistic work which is
used or is capable of being used in relation to any goods or services Rs. 1,000/- per work
(Section 45)
For an application for registration of Copyright in a
5. Rs. 5,000/- per work
Cinematograph Film (Section 45)
For an application for registration of copyright in a Sound
6. Rs. 2,000/- per work
Recording (Section 45)
7. For taking extracts from the indexes (Section 47) Rs. 500/- per work
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▪ for the purpose of research or private study,
▪ for criticism or review,
▪ for reporting current events,
▪ in connection with judicial proceeding,
▪ performance by an amateur club or society if the
performance is given to a non-paying audience, and
▪ the making of sound recordings of literary,
dramatic or musical works under certain conditions.
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Strengthening Copyright, Enhancing the Reach of the Law
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2Pac – “Me Against The World”
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Advantages of protecting intellectual property
Intellectual property (IP) rights don't protect ideas or
concepts. They protect genuine business assets that can be
vital to your products or services, or the success and
profitability of your business.
There are many advantages to securing your intellectual
property rights. For example, protecting your IP can help
you:
Enhance the market value of your business
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Market your business’ products and
services
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Case Study
Importance of Patent Information in Business Development
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Case Studies
1 Building and Strengthening IP Portfolio around Product
Copyright Trademark
NEOBREATHE™
Package Insert/
Information Leaflet External
Appearance
• Patent Expired
Department of Biotechnology
19 Technologies
Ownership by One Neutral Body transferred,
Five products
Commercialization rights to BCIL commercially
launched 101
Case Studies
Technology
An Emergency Medical Device for Cardiac
Patients, developed at AIIMS
Key Assumptions
Assumption #
Number of Hospitals, who will need device 50,113
Growth in Demand 2%
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Valuation contd….
Key outcomes
Solutions
space
BCIL
Drive Strategic
Collaboration
Drafting Contracts/Agreements
------------------------------------------------------------------------------------
------------------------------------------------------------------------------------
Consure Medical Entrepreneurial Journey
Marketing Tie-
Patent Filing, ups, IP Watch
Vendor
Engagement • Patents
• Industrial Design
• No Indwelling
Devices for long • Identifying USP • Trademark Developed different
term management • Patents Filed product variants
• Patent Filing around
of Stools USP • USA, Canada
Market positioning
• Japan, Israel
• FTO found in Key sales in India ad
Patent • Singapore USA
indwelling FI devices
Landscape • India, Australia
• Europe based-NDA • Europe IP Watch
Mapping , Built IP
AND Contract
Prior Art Study portfolio,
FTO Analysis 107
FI Entrepreneurial
FI Device-Journey-
ProductRole of BCIL
Launching
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• 1. What is meant by Intellectual Property? How is different from intellectual property rights?
• 2. Why does intellectual property need to be promoted and protected?
• 3. What is a patent? Explain the elements of patentability?
• 4. An invention may satisfy the condition of novelty, inventiveness and usefulness but it may not qualify
for a patent. Discuss.
• 5. What are the steps involved in Trademark registration process? Explain with help of a FlowChart.
• 6. What are the steps involved in copyrights registration process? Explain with help of a FlowChart.
• 7. What are the Stages from filing to grant of a patent ? Explain along with Time Deadline involved with
the help of a FlowChat.
• 8. What is a Copyright? Write the steps of Filing copyright registration form Online.
• 9. Discuss the Importance of Patent Information in Business Development.
• 10. write Short note on 1 Litigation 2. Licensing 3 Mediation 4 Arbitration 5 IP Landscaping
6 Anticipations 7 Specifications
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tarun.24044@lpu.co.in
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• Copyright Act, came into force
on____________
• A) 1957
• B) 1999
• C) 2000
• D)1970
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• Which of the following is not a certification
mark?
• A) Woolmark
• B)Agmark
• C) ISI
• D) None
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