MODULE - I Introduction to Intellectual property Rights

Concept; patents; term and registration of patents; Rights of patent holder; infringement of
patents; Trademark: Meaning; procedure for registration; infringement of registered trademark;
Collective marks - certification trademarks-well known trade mark.

MODULE - II: Law relating to factories

Approval, licensing and registration of factories; provisions regarding health, safety and Welfare
of workers; working hours; employment of women and young persons. Annual leave with wages.

MODULE -III: Law relating to Industrial Disputes

Meaning of industry; machinery for the prevention and settlement of industrial disputes.

Provisions relating to strikes, lay off, retrenchment, lock out, closure and transfer of undertakings.

MODULE - IV: Law relating to employees’ state insurance

Applicability of the Act- administration of the scheme- ESI corporation-standing committee and
medical benefit council- inspectors- contributions-benefits under the Act– adjudication of
disputes.

MODULE -V: Consumer Protection Act

Definitions- Consumer Protection Councils- central and state consumer protection councils-
objects-consumer disputes redressal agencies-composition of the District Forum Jurisdiction of
the District Forum-procedure for filing complaints- composition and jurisdiction of State
Commission-composition, jurisdiction and powers of the National

Commission-procedure applicable to state and national commission-Appeal-Dismissal of

frivolous or vexatious complaints-penalties
 Module 1

Intellectual Property Rights (IPR) refers to the legal rights granted to the inventor or manufacturer
to protect their invention or manufacture product.

In other words, we can say that the legal rights prohibit all others from using the Intellectual
Property for commercial purposes without the prior consent of the IP rights holder.

IP rights include trade secrets, utility models, patents, trademarks, geographical indications,
industrial design, layout design of integrated circuits, copyright and related rights, and new varieties
of plants. It is very well settled that IP plays an important role in the modern economy

Intellectual property rights (IPR) refers to the legal rights given to the inventor or creator to protect
his invention or creation for a certain period of time.

Nature of intellectual Property

In general, intellectual property deals with the rights that are given to an individual with respect to
his inventions or creativity of intelligence. It protects the rights of the owner. It confers rights on
the owner and gives an exclusive right to use the same for a particular time period.

Nature of IP Rights:
1. The IP rights are intangible rights over the tangible rights.
2. If there is an infringement in the use of rights by some other party, the owner of such rights has
the right to sue such party for the infringement.
3. There are rights as well as duties on the owner. It means that IP does not only confer the rights.
4. It protects the rights of the owner.
5. An exclusive right to use the same for a particular time period.
Patent

A patent for an invention is granted by government to the inventor, giving the inventor the right to
stop others, for a limited period, from making, using or selling the invention without their
permission.

A patent is a form of intellectual property that protects an invention. It gives the inventor exclusive
rights to produce, use and sell their invention for a set period.
Types of Patents

There are three types of patents:

 Utility patents protect the functional aspects of an invention. They can be used to give
inventors control over how, why, and when their device is used.

Utility patents include machines, processes, or chemical compositions that provide a new
way to solve a problem in our day-to-day lives.

 Design patents protect the ornamental features of a device. They do not cover how an
invention works but instead protect its unique shape and appearance.

Design patents may be used to give inventors control over the way their product looks
without infringing on other copyrights or trademarks related to trademarked logos or
artwork.

 Plant patent to protect new types of plants. The patent only applies to asexually reproduced
plants, meaning that seeds and cuttings from the plant are not covered under this type of
protection.

Plant and utility patents have a 20-year term, while design patent terms are 14 to 15 years.

 OPEN Patents: An open patent is a patent that is freely shared with others under a copyleft-
like license.

Salient Features of Patent Act

The Indian Patent Act lays the provision to safeguard intangible property through the use of patents.
The salient features of the Patent Act have been listed here-

 In the Patent Act 1970, the product and the patent both are provided protection.
 The time period patent lasts for 20 years.
 There is also a provision of examining the process if requested for the same.
  The biodiversity and protection of the environment is also covered in the provisions.

 A fast-track method has been developed for the discard of the appeals.

Objectives of Indian Patent Act 1970

Indian Patent Act provides protection for the intangible possessions of intellect. It gives a boost to
the scientific research domains, new technology, and industrial progress.

 The monopoly is facilitated to the innovator for the utilization of the product and also for
letting others use the invention subject to their permission for the same.
 The innovator who has acquired the patent possesses absolute rights on deciding whether
the product can be commercialized or not. They can prevent the exploitation and
commercialization of the product that has been patented.
 The patent facilitates the right to construct, sell, offer for sale, and import innovations.
 The major objective of the Indian Patent Act is to prevent the infringement of the product
by others. In case any duplicate product is claimed to be original innovation the patent
holder can present their rights.

Inventions which are Not Patentable

 Inventions that are frivolous and contrary to natural laws.

 Inventions which go against public morality.
 Inventions that are a mere discovery of something that already exists in nature.
 The mere discovery of a form already existing in nature does not lead to enhancement of
efficacy.
 Mere admixing of mixtures leading in the aggregation of properties are non- patentable.
 Mere aggregation or duplication of devices working in a known way is not an invention.
 Horticulture or agricultural method is non-patentable.
 Medicinal, curative, prophylactic, diagnostic, therapeutic for treating diseases in human and
animals are non-patentable.
  Essential biological processes for the production or propagation of animals and plants is not
an invention.
 Simple mathematical or business or computer programs are not an invention.
 Aesthetic creation is not an invention.
 Mental act, rule or method is not an invention.
 Presentation of information is non-patentable.
 The topography of integrated circuits is non-patentable.
 Traditional Knowledge is not an invention.
 Atomic-Energy inventions are non -patentable.

Registration of Patents

 Application: an application for patents may be made by the

Actual inventor of the invention
An assignee of the right over the product
Legal representative of either.
 Prescribed fees: an application for a patent in the prescribed form along with the prescribed
fee should be filed in the appropriate patent office.
 Provisional or complete specification: the application should be accompanied by a
provisional or complete specification. It only contains invention only briefly. A complete
specification should be filed within 12 months from the date of filing the application. If the
complete specification is not so filed, the application shall be deemed to have been
abandoned.
 Publication of patent application: The application for patent shall be published by the
patent office after 18 months from the date of filing of complete specification. If the
applicant so desires, he can file a petition for early publication. It should be noted that an
application for patent shall be kept as secret till the publication is made.
 Patent examination: the application will be verified by the patent examiners to find out
whether the application is in accordance with the patent ACT AND RULES. They shall also
verify the patent records to find out whether similar technology I already patented. If there
are any objection, those objection will be communicated by the patent office in first
 examination report. If there I no objection or if the objection are satisfactorily rectified the
controller will accept the complete specification and advertise it in the official gazette.
 Pre-grant opposition: after the publication of an application and before the grant of patent,
any person may in writing oppose the grant of patent. The opposition against grant of patent
has to be submitted to controller of patents.
 Grant of patent: if the application is accepted by the controller the patent shall be granted
to the applicant and the patent shall be sealed with the seal of the patent office. The date on
which the patent is sealed shall be entered in the resister of patents.
 Post- grant opposition: after the grant of patent but before the expiry of one year from the
date of its publication, any interested person may give notice of opposition to the controller
of patents. The controller ha to notify the receipt of such opposition to the patentee and hall
constitute a board to be known as Opposition Board. The board shall study the notice of
opposition and all the related document and shall submit it recommendation to the
controller. The controller should hear the patentee and the opponent and shall formulate his
decision. The controller may, maintain or revoke the grant.

Rights of a patent holder

 The Right to exploit patent: A patented has the exclusive right to make, use , exercise,
sell or distribute the patented article or substance in India, or to use or exercise the
method or process if the patent is for a process.
 The right to license and assign: A patented has power to assign, grant license under,
or otherwise deal with the patent for any consideration.
 The right to surrender the patent: A patentee is not under an obligation to maintain
his monopoly right on the patent for the entire term of the patent.
 Right before sealing:
 Right to sue for infringement

Infringement of Patents

Patent infringement occurs when someone makes, uses, or sells a patented product without the
permission of the patent holder or his licensee. The violation should be within the territory
where patent right subsist and during the term of the patent.
 Right to file a suit

1. Patentee, or

2. The holder of an exclusive license,

3. A license holder.

4. An assignee of a patentee or licensee.

Remedies in case of infringement

 Injunction:
 Damages
 Account of profits
 Search and seizure of goods.

Trademarks

A trademark is a sign capable of distinguishing the goods or services of one enterprise from
those of other enterprises. Trademarks are protected by intellectual property rights.

Therefore the the Technical requirements of a trade mark is

a. It should be capable of being represented graphically.

b. It should be capable of distinguishing the goods or services of one person from those of
others.

Procedure for registration of trademark

Step 1: Submission of application for trademark registration: The application for trademark
registration can be filed with the trademark registrar. It must be made in the prescribed manner
and filed along with the fee for registration. Trademark application can be filed at one of the
five trademark Registrar Offices having jurisdiction over the state or it can be filed online.

Step 2: Trademark Examination: The trademark office shall review the trademark
application and issue a trademark examination report. Examination of trade mark application
involves examination as to compliance with (i) the rules of procedure prescribed under the Act
and rules (ii) substantive requirements for registrability of the mark. The office may either
allow the application or object the trademark registration application. If the explanation I not
satisfactory the trademark office may reject the application. If the application is rejected the
applicant can file an appeal to the Intellectual Property Appellate Board against the order of the
Officer.

Step 3: Publication in the trademark journal: If the Trademark office is satisfied with the
application. The trademark would be published in the trademark journal. It is a weekly journal
published by the trademark registrar. The purpose of advertisement is to invite application
against registration if a trademark, if any, from the public.

Step 4: Objection to trademark registration: The opposition shall be in the form of a notice
to the registrar within three months from the date of advertisement. The registrar shall take a
decision after hearing both the parties. The aggrieved party can further challenge the decision
before the intellectual Property Appellate Board.

Step 5: Registration: if there I no objection filed within 90 days of the publication, the mark
will be registered. The applicant shall be given a certificate of trademark registration affixed
with the seal of the Trade Mark Registry which shall be treated as a conclusive proof regarding
the right of the applicant for the exclusive use of the registered trademark.

Absolute Grounds for refusal of a Trademark Registration

Section 9 of the Trademark Act of 1999 discusses the absolute grounds for refusing to register
a trademark. Any trademark that falls within the scope of this act is ineligible for registration.
The following is a list of trademarks that fall under this category.

 A trademark that lacks distinctive character cannot be registered.

 Trademarks are indications or marks that are used in commerce to define the quantity,
quality, type, values, intended purpose, or geographical origin of goods or services
rendered.
 Trademarks that exclusively enclose indications or marks that have become common in
established trade practices.
 Trademarks that cause confusion in the public domain.
 Trademarks that are sensitive and have the potential to interfere with the religious
sensibilities of any class of Indian citizens.
  Trademarks containing obscene or scandalous content.
 If the use of a trademark is prohibited by the Emblems and Names (Prevention of
Improper Use) Act of 1950.
 Trademarks consisting of marks resulting from the nature of the goods themselves.
 Trademarks enclose marks that add significant value to the goods.
 Trademarks are marks of the shape that adds significant value to the goods.

Infringement of registered Trademark

1. Direct Infringement

Section 29 of the Trademark Act, 1999 lays down the law related to direct infringement of the
trademark. As per the law, direct infringement has been defined as in the following cases:

i. Similar or Deceptive: If the trademark is identical to that registered trademark or somehow

creates confusion in people's minds with the registered one, it also falls under direct
infringement.

ii. Used without Owner's Permission: If the use of a registered trademark has been done
without the owner's authorization.

iii. Use of a similar trademark in the same class: For the infringement of the trademark, the
unauthorized use of the mark has to be used for the propagation of goods or services that
fall under the same class of the registered trademark.

2. Indirect Infringement

i. Vicarious Infringement: When a person can control the actions of a direct infringer to
infringe, then it is said to be vicarious infringement.

ii. Contributory Infringement: Cases when the person either knows of the infringement,
contributes to direct infringement, or influences the principal infringer for direct
infringement come under contributory infringement.

Remedies

Civil remedies
Criminal remedies

Administrative remedies

Collective trade mark

Definition of collective trade mark

SECTION-2 of Trademark act, 1999 Section 2 (g)

“Collective trade mark” – means a trademark distinguishing the goods or services of members
of an association of persons (not being. a partnership within the meaning of the Indian
Partnership Act, 1932) which is the proprietor of the mark from those of others.

In simple terms– It means mark which is used to distinguish the goods and services- provided
or produced by members of an organisation,

Owned by

Organisation

Used by its members

Collective trademarks can take the shape of words, letters, numbers, names, or logos, just like
any other sort of trademark. A collective trademark, on the other hand, represents an
organisation or its members as opposed to a regular trademark, which represents goods and
services.

Since collective trademarks typically refer to a group or its members, they can aid the public in
recognizing a specific quality, level of qualification, or geographic origin.