Professional Documents
Culture Documents
Obtaining Patent
• true/first inventor
• employer/employee
Step 3 - Specifications
1. Title, subject-matter
2. Relevant drawings
3. Description of invention
4. Details and method of its operation/use
5. Best method of performing invention
6. claims of invention substantiated
7. abstract about technical information
8. declaration as to inventorship
9. improvement/modification --> controller grants patent for modification but original patentee
must hold same rights
Step 4 - Claims
Opposition
Pre Grant --> application published but patent is not granted; person may present in writing
Post Grant --> any person interested in opposing grant of patent gives notice to controller
1. invention is obvious
2. specification does not describe invention
3. subject of patent is not an invention
4. geographical origin is not disclosed
Grants/Sealing of Patents
1. provision of IPA
2. Condition & provision of any other law
3. Condition that validity of patent is not guaranteed
4. Payment of fees
Rights to Patentee
1. Exploit the patent - 20 years from date of filing & then have to renew
2. Assign and license - power to assign rights or grant licenses
3. Surrender - can surrender anytime, must give a notice to controller and also to the people
whose names are entered in register of patent
4. Sue for Infringement - statutory right to institute proceeding for infringement
3. Compulsory licenses - available for manufacture and export of patented pharma product to any
country
a. not granted merely to enable patentee to enjoy monopoly
b. granted to encourage invention
c. protection and enforcement of patent right contribute to promotion of tech
d. patent granted do not impede protection of public health and nutrition
e. does not prohibit central govt in taking measure to protect public health
f. grated to make benefit of patented invention available
g. Invention for defense purposes
h. controller finds it relevant for defense purpose, restricts publication
i. No patent application for invention relevant for defense purpose can be filed outside
India expect on the written permission of controller
4. Revocation of Patent
a. invention has mot been worked on in India
b. reasonable requirement of public has not been satisfied
c. invention is not available to public at reasonable price
1. Voluntary - patentee empowers another person to make use of invention in a particular manner
2. Statutory - controller and central govt grants compulsory license
3. Exclusive - patentee confers rights to make/use/sell/distribute invention to others (excluding
patentee)
Patent Register
Traditional Knowledge
• People’s awareness and understanding of this and other information and the life technology
local communities have evolved
• They cant be protected by patent or other instrument of intellectual property
• National laws do not recognize oral knowledge as evidence of prior art
formula, pattern, idea, process which provides own with competitive advantage in the market
Trademark – mark capable of being represented graphically and which is capable of distinguishing the
goods or services of one person from the goods and services of the competitors.
Collective Marks – distinguishes goods of members of association which owns the mark from others
Certification Marks – certify goods in respect of origin, material, mode of manufacture, quality, accuracy
Registration of CM
Registrability of TM
Registration of TM
Step 1 – Application
Step 2 – Advertisement
Deceptively Similar TM
1. nature of mark
2. degree of resemblance
3. visual/phonetic similarity
4. nature of potential class of consumers
1. use TM for specific goods; if it includes multiple parts - exclusive right applies to TM as a whole
2. obtain relief in case of infringement when similar mark is used
3. prohibits others from using registered TM for same goods
4. TM is registered, similar cant be registered
5. can't be used by unauthorized papers & in ads
6. import goods with similar mark is restricted
7. restrict use of registered TM as trade name
8. confer right to pass TM to another person
Right to prior user - if person A registers TM that person B has been using using prior to A. B right ti use
TM is unaffected, although B's business might get affected. If B's business has strong reputation, then A
maybe prohibited from using TM
Rights to ones Own name - registration does not confer right to interfere with business of another
person who is using Bonafede manner his own name
Concurrent Use
• mark used in same location on same/diff good is not impacted by registration of same marl by
another person.
• parts of TM and non-distinctively commonly used trade language do not have exclusive right
• Common trade language includes words, symbols or branding that any trader in industry can use
and no one claims ownership
Infringement
Remedies
TM law in India
• Indian Trademark Act of 1999 which came inti effect on Sep 5th, 2003, regulates TM in India
• It replaces the trade and merchandise marks act, 1958
• the foreign national from a convention country may apply for TM registration in India within six
months of filing an application
Scope of foreign investors - business needs to adopt other strategies for protecting TM
voluntary and mostly used for promotion of product on the basis of envt friendly characteristics
Objectives:
Need:
Criteria:
Benefits:
Eco-Labeling Schemes
Broadcaster’s Rights
• Radio Mirchi broadcasted the song owned by a music company so they took it to the court
where they were checking for the copyright grant to a compulsory license
• they did not have the authorization/license to broadcast and was an infringer
• section 31 employs word may it is not mandatory for board of licenses to each and ever
application
• decision made based on valid reason & examination board also considers private rights and
public interest
• plaintiff, owner of video copyrights for Bess Daal Baas claims that the producer had assigned
exclusive rights to them under an agreement.
• They alleged that defendant had given copy of film to other distributor who used it to make
cassette copies for satellite TV, which is a violation of copyright.
• But the act of receiving satellite signal through dish antenna owned by cable operators and
relying those signals to viewers through cable media does not constitute a violation of exclusive
video copyright held by the plaintiff
• plaintiffs are copyright owner of cinematographic film and have assigned right to broadcast film
to govt of India on Doordarshan.
• Telelink is accused of infringing this by showing film on their cable TV network.
• communication of film by TV is broadcast and defendant are violating copyright in film
Performer Rights:
• case involves dispute b/2 manufactures and producers of pre-recorded audio cassette
• plaintiff produced version of recording of Chalo dilbar Chalo from Pakeezah & paid royalties to
original owner
• defendant, attempted to produce a version of this recording (violation of copyright)
• court separates sound recording copyright and that reproducing it would require plaintiffs
consent, and the concept of version recording involves well known song being sung by lesser
known singer
• plaintiff used independent skill to produce version recording and argued that it has own
legitimate & legal rights to copyright in sound recording
• court examined performer rights, court also noted plaintiff had engaged musicians, singers to
create music track
• Delhi high court ultimately ruled that plaintiff's right under section 52 of copyright act had been
violated by defendant and granted an interim injunction
UNIT 3 – Industrial Design
Industrial Design
1) Shape, configuration, pattern, or ornament or composition of lines or color which are applied to an
article.
2) Needs to be aesthetically pleasing to the eye.
According to Designs Act, 2000 any person contravening the provisions of the Act shall be liable to pay
to the registered proprietor of the design a sum not exceeding twenty five thousand rupees recoverable
as a contract debt.
Unit 3 – Copyrights :
The Copyright Act of India provides right holders dual legal machinery for enforcing their rights. The
enforcement is possible through (1) The Copyright Board and (2) The courts.
Section 52 of Indian Copyright Act permits certain activities which do not amount to infringement.
Creator of Work (can) prohibit or authorize:
Rights:
Broadcast Rights - Statutory Ambit - Section 37 of the Act - broadcaster is given the right to reproduce
the broadcast made already.
Rights:
Performers Rights: Section 38 of Copyright Act 1994 - rights to singers and other performers in India
Exclusive Rights
Infringement
1) any reproduction of a literary, dramatic, musical or artistic work for judicial proceedings
2) any reproduction in accordance with any law for the time being.
3) any reproduction made by secretariat of a legislature.
Cybercrime
Types
1. Hacking
2. Trojan Attacks
3. Worms & Viruses
4. Email spoofing, spamming, bombing, frauds
5. Internet Relay Chat crimes - Dos attack
6. Piracy
7. Online gambling
7 Entrepreneurs
1. Alexander Graham Bell (+Thomas Watson ) --> voice transmitting device - telephone 1876
2. Steve Jobs - Apple 1997
3. Walt Disney - animator --> filmmaker
4. Bill Gates - computer programmer (traffic pattern monitoring)--> Microsoft 1975 & MITS in 1978
5. Jeff Bezos - wall street --> Amazon.com 1995
6. Larry Page - computer scientist --> Google in 1998
7. Mark Zuckerberg - Zucknet --> Facebook 2004
1. Ambani - Reliance industries in Mumbai 1966 --> market capitalization (2nd largest company)
114th/500 in Fortune Global
2. Tata - Tata Groups 1991 - Top 15 steelmakers; they manufacture everything
3. Narayana Murthy - Infosys 1981 - 12th greatest entrepreneur in fortune magazine 2012
4. Azim Premji - WIPRO --> western Indian vegetable products 1945 --> Wipro lmtd - global info
tech, consulting and outsourcing company (revenues of 7.7USDs)
5. Shiva Nadar - HCL 1976 --> 1987 revenue of 100 crores (ranked no.1 IT company)
5 Entrepreneurs of 2019
1. Shubhra Chadda - NetApp - Chumbak - lifestyle brand - magnets, keychains, cushions covers etc
2. Kiran Mazumdar Shaw - brewmaster -->Biocon - biomedicine research w/ focus on diabetes and
oncology
3. Rashmi Daga - FreshMenu - food entrepreneur - satellite kitchens serving area within 5km (72
crore INR)
4. Chanda Kochar - ICIC Bank - MD & CEO - best retail banker of year 2004
5. Aditi Gupta - Menstrupedia - crowdfunded initiative - resourceful info about periods
• E-summit - flagship event - brings together entrepreneurs, venture capitalists, investors etc
• Freelancers
• Panel Discussions
• Startup Expo - pitch startups
• Eureka! - international business plan competition 1999
• Mentor's meet - workshops
• National Entrepreneurship Challenge 2013 - help colleges to establish their own E-cell
• Ten Minute Million - 2014 - on spot funding (1.6M INR & 4% equity)
• Pre-Eureka Workshop
• Venture IOT Workshop
• Fast track course - basic ideas dos and dont
• Webpreneurship - 2 day workshop web platforms
• EnVoyage - free workshops across india
• Lean Entrepreneurship Workshop
• Wolf on Wall street - stock market - hands on activity
• EnB Buzz - business idea competition
• I_Hack - hackathon
• Enspace - biannual entrepreneurship magazine of IIT Bombay
UNIT 4:
1. Self-motivation
2. Understand What You Offer
3. Take Risks
4. Know How to Network
5. Basic Money Management Skills & knowledge
6. Flexibility
7. Passion
Entrepreneurial Styles:
1. Laissez-Faire - leaders giving a lot of freedom to the employees (no deadlines). Chaos unless
professional
2. Autocratic - leaders are in complete power - demoralizing effect on employes
3. Transactional - provide them with tasks and reward system - pushing who fall short - loss of
creativity
4. Democratic - leaders take input from employees and include them in decision making - not
useful in time of crisis
5. Pacesetting - leader tends to set the pace and everyone’s gotta catchup - overwhelmed and
stressed
6. Transformational - leader has shared vision & uses effective communication as tool to reach out
to the team - high productivity & engagement
• Goal-oriented
• Committed to their business
• Hands-on - need to get things done
• Thrive on uncertainty - out of box thinking
• Continuously look for opportunities to improve
• Willing to take risks
• Willing to listen and learn
• Have great people skills
• Inherently Creative
• Passionate and Positive
5 Strengths of Entrepreneurs
1. Innovative
2. Aren’t afraid to take a chance
3. willing to work hard
4. People and Money Management
5. Passionate about what they do
5 common Weaknesses
5M's of Entrepreneurship
1. Money
2. Material
3. Machinery
4. Men
5. Method
Communication Barriers
1. jargon
2. emotional barriers/taboos
3. lack of attention or interest
4. language
5. expectations and prejudice - stereotyping
6. cultural difference
Purpose of Communication
1. flow of info
2. coordination
3. management skills
4. accept change
5. human relations
6. encouraging new ideas
Importance of Communication
1. base for action
2. easy planning
3. means of coordination
4. decision-making
5. effective leadership
6. morale boosts & motivation
Principles of Communication
1. The message must contain clarity
2. It needs to be adequacy & consistency
3. Provide a sense of integration to achieve set target
4. economy in use of communication systems to be cost effective
5. Collect feedback in order to improve
6. A dire need for communication network
7. Grab the attention of the receiver
Process:
1. problems not solved right away
2. design doesn’t describe ending - its a process
3. outline problem
4. cultivate ideas
5. develop best ideas
6. execute
Principles
1. problem solving attitude
2. human-centered design - bottoms-up approach
3. iterative approach - inspiration, implementation, and ideation
Process
1. empathize - need finding
2. define - problem statement
3. Ideate - brainstorm and inventiveness
4. prototype - sketch or model
5. testing - - create basic models and test them out
Skills to be an Effective Entrepreneur
Personal Selling
Definition
• philip kotler - face-to-face interaction
• irving j shaprio - art of persuading customers to buy products that benefit them
• oral presentation of foods to more than 1 customer to promote sales
Significance
1. important ingredients
2. 20% of sales affected
3. salesman reaches customers (that can be researched via promotions)
4. flexible (adjusted to rxn of buyers)
5. feedback
6. find target consumers
Limitations
1. cost of travel, lit, surveys, management
2. less attractive for small companies
3. salespeople waste time
4. need proper training and adequate motivation
Successful Salespeople
1. enthusiasm
2. ability to close the sale
3. product knowledge
4. looks after customer
5. time management
6. good listener
7. answers objections better
8. good talker
9, good contacts
Sales Leadership
1. tell - explain each step, what it means to accomplish, what’s the necessity
2. show - execute sales pitch in multiple settings
3. watch - constructive criticism - office/real prospect
4. allow - when they are ready and can learn new skills
Elevator Pitch
5 steps:
1. relate to their problem
2. explain the solution
3. Details why your product is unique
4. personalize message
5. craft a compelling call-to-action
Example:
1. When your company is adding a dozen new employees a month, it’s tough to maintain the same
company culture you once enjoyed
2. Our employee engagement platform helps you identify your employees’ interests and then organize
social events in response. With the data we gather through the app, you can personalize the events to
your employees’ preferences and then measure their effectiveness
3. Unlike other solutions, our software features an algorithm that automatically generates social outings.
It’s an all-in-one platform.”
4. Oh and congratulations on the recent series A funding! Now that it’s a time for celebration I wouldn’t
hesitate to consider solutions that can continue to take your business further.
5. Are you available to meet next week so we can discuss how our platform can help you improve your
company culture?”.
Challenges of Entrepreneurship
Traits:
1. desire for responsibility
2. preference for moderate risk
3. confidence in their ability to succeed
4. determination
5. desire for immediate feedback
6. high level of energy
7. future orientation
8. skill in organization
9. value of achievement over money
characteristics:
1. high degree of commitment
2. tolerance for ambiguity
3. flexibility
4. tenacity
avoid pitfalls.
1. know depth of business
2. develop business plan in writing
3. manage financial resources
4. learn to manage people effectively
5. set your business apart from competition
6. maintain positive attitude
1. SWOT Analysis
2. Information gathering
3. Check-list Analysis
4. Assumption Analysis
1. risk reassessment
2. risk audit
3. trend analysis
1. Prioritize Risks
2. Analyze Risks
3. Plan and Implement Risk Responses
4. Register Project Risks
5. Track Risks & Associated Tasks