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MET’s INSTITUTE OF COMPUTER SCIENCE TRIMESTER - II SUBJECT: Legal Aspect Of Business TOPIC:
Copyrights, Patent, Trademark, Geographical Indications as a part of Intellectual Property Rights in India (with respect to TRIPS as in WTO)
Sr. No. 1 2 3 4 Topic Intellectual Property TRIP Copyrights Trademark Page No. 03 05 10 24
5 6 7 8
Geographical Indication Patent Conclusion Bibliography
39 52 64 66
INTELLECTUAL PROPERTY RIGHTS
Definition Intellectual property rights can be defined as the rights given to people over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creations for a certain period of time. Intellectual property rights are divided into two main categories: 1. Copyright and rights related to copyright: i.e. rights granted to authors of literary and artistic works, and the rights of performers, producers of phonograms and broadcasting organizations. The main purpose of protection of copyright and related rights is to encourage and reward creative work. 2. Industrial property: This includes the protection of distinctive signs such as trademarks and geographical indications, and industrial property protected stimulate innovation, design and the creation of technology. Different Types of IPRs
• • • • • • • •
Trademarks and Service Mark Industrial Design Registration Copyright Layout Designs for Integrated Circuits Geographical Indications Trade Secrets and Undisclosed Information Competitive Practices in Contractual Licenses Patents
Need to protect IPRS Intellectual property protection is critical to fostering innovation. Without protection of ideas, businesses would not reap the full benefits of their inventions and would focus less on research and development. Similarly, artists would not be fully compensated for their creations and cultural vitality would suffer as a result. Piracy, counterfeiting and the theft of intellectual property assets pose a serious threat to all American businesses. Exporters face unfair competition abroad, non-exporters face counterfeit imports at home and all businesses face legal, health and safety risks from the threat of counterfeit goods entering their supply chains.
History Ideas and knowledge are an increasingly important part of trade. Most of the value of new medicines and other high technology products lies in the amount of invention, innovation, research, design and testing involved. Films, music recordings, books, computer software and on-line services are bought and sold because of the information and creativity they contain, not usually because of the plastic, metal or paper used to make them. Many products that used to be traded as low-technology goods or commodities now contain a higher proportion of invention and design in their value — for example brand named clothing or new varieties of plants. Creators can be given the right to prevent others from using their inventions, designs or other creations — and to use that right to negotiate payment in return for others using them. These are “intellectual property rights”. They take a number of forms. For example books, paintings and films come under copyright; inventions can be patented; brand names and product logos can be registered as trademarks; and so on. Governments and
parliaments have given creators these rights as an incentive to produce ideas that will benefit society as a whole. Formation The extent of protection and enforcement of intellectual property rights varied widely around the world; and as intellectual property became more important in trade, these differences became a source of tension in international economic relations. New internationally-agreed trade rules for intellectual property rights were seen as a way to introduce more order and predictability, and for disputes to be settled more systematically. The WTO’s TRIPS Agreement is an attempt to narrow the gaps in the way these rights are protected around the world, and to bring them under common international rules. It establishes minimum levels of protection that each government has to give to the intellectual property of fellow WTO members. In doing so, it strikes a balance between the long term benefits and possible short term costs to society. Society benefits in the long term when intellectual property protection encourages creation and invention, especially when the period of protection expires and the creations and inventions enter the public domain. Governments are allowed to reduce any short term costs through various exceptions, for example to tackle public health problems. And, when there are trade disputes over intellectual property rights, the WTO’s dispute settlement system is now available The TRIPS Agreement, came into effect on 1st January 1995 and is to date the most comprehensive multilateral agreement on intellectual property. The areas of intellectual property that it covers are: copyright and related rights (i.e. the rights of performers, producers of sound recordings and broadcasting organizations); • trademarks including service marks; • geographical indications including appellations of origin; • industrial designs; • patents including the protection of new varieties of plants; • the layout-designs of integrated circuits; • undisclosed information including trade secrets and test data.
Agreement on TRIPS Structure of the agreement The trips agreement builds on the main international conventions on IPRs by incorporating most of their provisions. Its further provides that countries may in pursuance of these conventions guarantee higher protection that is required by the Trips Agreement, as long as it does not contravene its provisions.
Provisions of TRIPS how basic principles of the trading system and other international intellectual property agreements should be applied ii. how to give adequate protection to intellectual property rights iii. how countries should enforce those rights adequately in their own territories iv. how to settle disputes on intellectual property between members of the WTO special transitional arrangements during the period when the new system is being introduced. Features of the TRIPS agreement i.
Standards. In respect of each of the main areas of intellectual property covered by the TRIPS Agreement, the Agreement sets out the minimum standards of protection to be provided by each Member. Each of the main elements of protection is defined, namely the subject-matter to be protected, the rights to be conferred and permissible exceptions to those rights, and the minimum duration of protection. The Agreement sets these standards by requiring, first, that the substantive obligations of the main conventions of the WIPO, the Paris Convention for the Protection of Industrial Property (Paris Convention) and the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention) in their most recent versions, must be complied with. ii. Enforcement. The second main set of provisions deals with domestic procedures and remedies for the enforcement of intellectual property rights. The Agreement lays down certain general principles applicable to all IPR enforcement procedures. In addition, it contains provisions on civil and administrative procedures and remedies, provisional measures, special requirements related to border measures and criminal procedures, which specify, in a certain amount of detail, the procedures and remedies that must be available so that right holders can effectively enforce their rights. iii. Dispute settlement. The Agreement makes disputes between WTO Members in respect of TRIPS obligations sub ject to the WTO's dispute settlement procedures.
This is what happens. 1. Under GATT and now WTO. 2. Most-favoured nation (MFN) status did not always mean equal treatment. Most Favoured Nation (MFN): equal treatment for nationals of all trading partners in the WTO. .The starting point of the intellectual property agreement is basic principles. the agreement says. 3. the MFN club is no longer exclusive. and economic and social welfare should be enhanced. Its 184 member states comprise over 90% of the countries of the world. If a country improves the benefits that it gives to one trading partner. Each member treats all the other members equally as “mostfavoured” trading partners. The first bilateral MFN treaties set up exclusive clubs among a country’s “most-favoured” trading partners. The TRIPS Agreement has an additional important principle: intellectual property protection should contribute to technical innovation and the transfer of technology. National treatment: treating one’s own nationals and foreigners equally. WIPO was established in 1967 by the WIPO Convention. It suggests special treatment. it has to give the same “best” treatment to all the other WTO members so that they all remain “most-favoured”. who participate in WIPO to negotiate treaties and set policy on intellectual property matters such as patents. Both producers and users should benefit. but in the WTO it actually means non-discrimination— treating virtually everyone equally. WIPO Objectives and main activities The World Intellectual Property Organization (WIPO) is the United Nations specialised agency that coordinates international treaties regarding intellectual property rights. Concept of ‘Most-favoured’ This sounds like a contradiction. The MFN principle ensures that each country treats it’s over 150 fellow-members equally. copyrights and trademarks.
Standards of Protection The second part of the TRIPS agreement looks at different kinds of intellectual property rights and how to protect them. 5 or 11 years or more When the WTO agreements took effect on 1 January 1995. Here the starting point is the obligations of the main international agreements of the World Intellectual Property Organization (WIPO) that already existed before the WTO was created. its Member States and All Stakeholders • • • • • • • • An Efficient Administrative and Financial Support Structure to Enable WIPO to Deliver its Programs although WIPO administers 24 treaties that deal with intellectual property rights. WIPO currently administers 24 treaties and facilitates the negotiation of several proposed treaties covering copyrights. patents and trademarks.which states that WIPO’s objective was “to promote the protection of intellectual property throughout the world …”. and to 2016 for pharmaceutical patents and undisclosed information. So the TRIPS agreement adds a significant number of new or higher standards. until 2006— now extended to 2013 in general. the standards of protection prescribed were thought inadequate. The nine strategic goals were adopted by Member States in the Revised Program and Budget for the 2008/09 Biennium. developed countries were given one year to ensure that their laws and practices conform with the TRIPS agreement. Least-developed countries had 11 years. the World Trade Organisation (WTO) administers what is arguably the most important treaty on the subject. Developing countries and (under certain conditions) transition economies were given five years. the TRIPS Agreement includes powerful enforcement mechanisms such as trade sanctions and litigation before the World Court that force countries into compliance with the provisions in the agreement. The standards for protection are explained in detail under each sub-topic of the TRIPS agreement. Transition arrangements: 1. the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement).They are: Balanced Evolution of the International Normative Framework for IP Provision of Premier Global IP Services Facilitating the Use of IP for Development Coordination and Development of Global IP Infrastructure World Reference Source for IP Information and Analysis International Cooperation on Building Respect for IP Addressing IP in Relation to Global Policy Issues A Responsive Communications Interface between WIPO. . until 2000. Unlike WIPO treaties. The purpose is to ensure that adequate standards of protection exist in all member countries. In some cases.
anonymous and pseudonymous publications. In the case of original literary. the tenure for Copyright is 50 years (however it was 25 years prior to the amendment made in 1999) Indian Copyright law In India the first Copyright Act was passed in 1914. though the patent did not need to be granted until the end of this period. in which it is expressed must be the original creation of the author. records and broadcasting. computer programs and software. it had to — subject to certain conditions — provide an exclusive marketing right for the product for five years. usually for a limited time. giving the creator of an original work exclusive rights to it. If the government allowed the relevant pharmaceutical or agricultural chemical to be marketed during the transition period. Copyright is a proprietary right. COPYRIGHT Meaning Copyright is a legal concept. . In the case of cinematograph films. the country had to accept the filing of patent applications from the beginning of the transitional period (i. posthumous publications.e. scientific. 1992. or until a product patent was granted. 1 January 1995). At present. the general rule is that obligations in the agreement apply to intellectual property rights that existed at the end of a country’s transition period as well as to new ones. The original Act of 1957 has been amended in the year 1983. For performer’s right. dramatic or musical artistic works. 1984. Tenure for Copyright A copyright is not protected in perpetuity. 1957 governs copyright law in India. suitably modified to make it applicable to the then British India. 1994 and 1999. Subject to certain exceptions. Copyright is basically the right to copy and make use of literary. In India the first copyright Act was passed in the year 1914. sound recordings. photographs. artistic. But for pharmaceutical and agricultural chemical products. works of government and works of international organisations. it had up to five additional years to introduce the protection. cinematographic films. The general rule is that copyright lasts for 60 years. the 60-year period is counted from the date of publication.If a developing country did not provide product patent protection in a particular area of technology when the TRIPS Agreement became applicable to it (1 January 2000). whichever was shorter. be it literary. which accrues on the creator as soon as the work is created. the Copyright Act. The idea in the work does not need to be new but the form. enacted by most governments. It was a replica of the English Copyright Act of 1911. musical and artistic works the 60-year period is counted from the year following the death of the author. dramatic.
films and literary works. copyright laws provide original authors moral rights. Often described as exclusive rights to authorize others to use the protected works. 1957 as amended by Copyright (Amendment) Act. • • • In addition to these exclusive rights of an economic character. The acts usually requiring the authorization of copyright owners is listed as below: Reproduction rights: copying and reproducing the work Performing rights: Performing the work in public (Play or concert) Recording rights : Making a sound recording of the work (Eg: gramophone records or phonograms in the technical language of copyright law) • Motion picture rights: Making a motion picture (Cinematographic work) • Broadcasting rights: Broadcasting the work by radio or television • Translation and adaptation rights: Translating and adapting the work. particularly in relation to: Computer programs and databases Rental rights to computer programs. Provision of TRIPs Agreement The main provisions on copyright and neighbours rights are contained in the Berne and Rome conventions. audio visuals • • . Rights Requiring Authorization of Copyright Owners of copyright in a protected work have a right to exclude others from using it without authorization. which would be prejudicial to their reputation and honor. to claim authorship of the work and to object any distortion or other derogatory action in relation to the work. sound recording.The Act presently in force was legislated in 1957 and is known as Copyright Act. 1999. It adopted many principles and provisions contained in the UK Act of 1956. These rights enable authors even after they have transferred their economic rights. The TRIPS Agreement complements these provisions.
Computer programmes [TRIPS.) to Rs 200. . codes. (ii) In relation to any literary. from such copy (i) in order to utilize the computer programme for the purpose for which it was supplied. the person who causes the work to be created is the "author". Article 10] The agreement provides that computer programs should be considered literary works and protected under national copyright laws.) Where the computer programme has not been used for gain or in the course of trade or business the court may not impose any sentence of imprisonment and may instead only impose a fine up to US $ 1. 1995 and some of the salient features thereof are listed below: (i) A comprehensive definition for "computer programme" (reading as follows has been introduced : "Computer programme" means a set of instructions expressed in words.000 (US $ 1. including a machine readable medium capable of causing a computer to perform a particular task or achieve a particular result" As under the earlier Act. 1994 The Copyright (Amendment) Act.500. Article 11] The Agreement requires countries to provide authors of computer programmes.000 approx. destruction or damage . (iii) A for knowing use of infringing copy of computer programme prescribing imprisonment new offence has been added in the Act for a term which shall not be less than 7 days but which may extend to 3 years and with fine ranging from Rs 50. schemes or in any other form.500 approx. which when done without the license of the owner of such right. (v) Certain acts which do not constitute infringement of copyright the important one being "the making of copies or adaptation of a computer programme by the lawful possessor of a copy of such computer programme. shall (iv) Every "broadcasting organisation" has been conferred with a special right known as "broadcast reproduction right" which shall subsist until 25 years from the beginning of the calendar year in which the broadcast is made. musical or artistic work which is computergenerated. or (ii) to make backup copies purely as a temporary protection against loss. materially imparing the exclusive right to reproduction conferred on authors” Copyright (Amendment) Act. A member country “shall be expected from this obligation in respect off cinematographic works unless such rental has led to widespread copying of such works. The Act be deemed to have infringed such right. 1994 came into force with effect from May 10. computer programmes continue to be treated as "literary works". sound recording and cinematographic films “ the right to authorize or prohibit the commercial rental” of their copyright works.000 (US $ 6. stipulates that certain acts. dramatic. Rental Rights [TRIPS.
Provisions relating to performing right of or by societies 7. Remedies against groundless threat against legal proceedings . 3. 6. It further empowers the Government to extend the provisions of the Copyright Act to broadcasts and performances made in other countries provided those countries extend similar protection to broadcasts and performances made in India. Civil and criminal remedies against infringement . 2. Definition of various categories of work in which copyrights subsists and the scope of the rights conferred on the author under the act. Main Features of the Copyrights Act of 1957 1. Provisions relating to assignment of ownership and licensing of copyright including compulsory licensing in certain circumstances. Exception to the exclusive right conferred on the author or acts. 13. 4. Provision to determine the first ownership of copyright in various categories of works. The copyright owner is entitled to remedies by way of injunctions. the copyrights amendment Act of 1999 extends copyright protection to performers from the present twenty-five years to at least fifty years computed from the end of the calendar year in which the performance took place. Authors special rights 12. Term of copyright for different categories of work 5. Definition of infringement of copyright 10.A copyright owner can take legal action against any person who infringes the copyright in the work. Creation of a copyright Office and a copyright board to facilitate registration of copyright and to settle certain kinds of disputes arising under the act and for compulsory licensing of the Copyright.However. damages and accounts. International copyright 9. Broadcasting rights 8. 11. which do not constitute infringement.
000/-In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of Rs. dramatic.Make for sale on hire. the exclusive right to do which is by this Act conferred upon the owner of the copyright . • Explanation – For the purposes of this section. or sells or lets for hire. or Distributes either for the purposes of trade or to such an extent as to affect prejudicially the owner of the copyright. or by way of trade displays or offers for sale or hire. • When any person . the reproduction of a literary. any infringing copies of the work: Provided that nothing shall apply to the import of one copy of any work for the private and domestic use of the importer. The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of Rs. or By way of trade exhibits in public. Caselets: Case: Angelina Jolie sued by Journo for Copyright Violation Issue: Infringement on Book – The Subject Work . without a license granted by the owner of the Copyright Does anything. 1 lakh. or Imports into India. Copyright in a work shall be deemed to be infringed - When any person. 50. musical or artistic work in the form of a cinematograph film shall be deemed to be an "infringing copy". No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under the Copyright Act.Copyright Infringement Any person who knowingly infringes or abets the infringement of the copyright in any work commits criminal offence under Section 63 of the Copyright Act.
Mr. If we read the language of the Section 51 along with the Section 14 of the Copyright Act. software. we have analysed here the applicability of Indian Copyright Act in order to deal with copyright infringement in cyber space. Copyright Infringement in Cyber Space and Indian Laws The availability of digitized information on internet has raised the issues relating to legal protection of such information because intellectual property. In a lawsuit filed in a federal court in Illinois. But. constitutes copyright infringement in the eye of law. in case of linking or in-lining there is no reproduction of any copyrighted work. linking. framing and in-lining along with the applicability of Indian Copyright Act. issuing copies of the work to the public or communicating the work to the public would amount to the copyright violation under the Act. Braddock is seeking an injunction to block the films scheduled release on December 23. Let us explain the copyright infringement in respect of linking. The digital material in the form of music. is a highly tempting target for reproduction and distribution. as well as unspecified damages. It does not expressly provide as to whether such infringement occurred in cyberspace or in physical world. A link is an embedded electronic address that points to another location and takes the user there. who is working on Angelina’s movie several times throughout 2008 to discuss the possibility of his tome being adapted for the big screen. The reproduction takes place at the end of the user who visits the linked page via link. But copyright law provides protection in respect of digital information. in the form of computer software and digitized entertainment.Year: 2011 Angelina Jolie is being sued for copyright violation by Croatian Journalist James Braddock. framing or use of any type of intellectual property even in cyber space. 1957 it becomes clear that reproducing any copyrighted work. who claims her movie ‘In the Land of Blood and Honey’ is based on his book ‘The Subject Work’. 1957 lays down the provisions relation to the infringement of copyright. graphics. and other works can be "copied" and transmitted over the Internet with a remarkable ease and without the author's permission. file-sharing. in cyberspace as well as in the real world. 1957 to deal with these issues. Linking Linking means the joining of any two web pages on Internet. Section 51 of the Copyright Act. Though copyright infringement on internet has become a global issue. Illegal duplication. A link may lead . computer programmes. multimedia etc. Braddock claims he met with producer Edin Sarkic. Mr.
musical or artistic work for the purpose of judicial proceeding or for the purpose a report of a judicial proceedings. from the death of the author whose . or in a cinematograph film or by means of photographs. (f) The person making the sound recordings has given a notice of his intentions to make the sound recordings. has provided copies of all covers or labels with which the sound recordings are to be sold. of any of the authors is known to the library. mainly composed on non copyright matter.In a newspaper. museum or other institution. and has paid in the prescribed manner to the owner of rights in the work royalties in respect of all such sound recordings to be made by him. of short passages from published literary or dramatic works. (e) The publication in a collection. magazine or similar periodical. as the case may be. dramatic. in the case of a work of joint authorship. in which copyright subsists. in the case of a work of joint authorship. musical or artistic work for the purpose of reporting current events. not themselves published for the use of educational institutions.(b) A fair dealing with a literary. or. the provisions of this clause shall apply only if such reproduction is made at a time more than fifty years from the date of the death of the author or. at the rate fixed by the Copyright Board in this behalf. dramatic. (d) The reading or recitation in public of any reasonable extract form a published literary or dramatic work. Provided that where the identity of the author of such work. bona fide intended for the use of educational institutions and so described in the title and in any advertisement issued by or on behalf of the publisher. (c) The reproduction of a literary.
Nariman Films. (g) The reconstruction of a building or structure in accordance with the architectural drawings or plans by references to which the building or structure was originally constructed. Caselets: Case: Copyright Infringement of Don Movie Product: Movie Don 2 Year: 2011 The makers of Shah Rukh Khan-starrer 'Don-2 . maintain that they have not done anything wrong.The King is Back'. The producers of the original ‘Don’ have reportedly alleged that the sequel has infringed upon their original copyright. saying that they had only given the right to remake the movie and not a sequel. Provided that the original construction was made with the consent or licence of the owner of the copyright in such drawings and plans. the producers of the original DON have sent a legal notice to Excel Entertainment for copyright infringement. which has got embroiled in the copyright issue. The movie is a remake of the Amitabh Starrer ‘Don’ (1978). Shahrukh Khan made it clear that his DON sequel is not at . if the identify of more authors than one is known from the death of such of those authors who dies last.identify is known or.
but came to public attention with the Linux Operating System. adapt or distribute it and require that any resulting copies or adaptations are also bound by the same licensing agreement. under copyleft. copyright law is used by an author to prohibit others from reproducing. documents and art. adapting. But on the other hand. The original Amitabh Bachan DON never had a sequel. it has no legal meaning. modify and distribute . Earlier the makers of original Don. Copyleft: A Challenge to Software Copyright The legitimacy of copyright is being challenged by an emerging concept of ‘Copyleft’. Copyleft licenses (for software) require that information necessary for reproducing and modifying the work must be made available to recipients of the executable. "About the notice from the original producers of Don. It is the copyright symbol mirrored. so there is no question of copying anything as the script is original. Don 2's confident producer Ritesh Sidhwani cleared all airs by tweeting. copyleft is a general method for making a program (or other work) free. In general. Copyleft basically means that a person has the right to use. Copyleft describes the practice of using copyright law to offer the right to distribute copies and modified versions of a work and requiring that the same rights be preserved in modified versions of the work." Copyleft The "reversed 'c' in a full circle" is the copyleft symbol. The source code files will usually contain a copy of the license terms and acknowledge the author(s). be rest assured that we have done nothing wrong and shall stick to the correct legal and moral principles. Unlike the copyright symbol. In contrast. starring Amitabh Bachchan have slapped a legal notice at the producers and are dragging Excel Entertainment. The concept originated with Richard Stallman. an author may give every person who receives a copy of a work permission to reproduce. Copyleft is a form of licensing and can be used to maintain copyright conditions for works such as computer software. or distributing copies of the author's work. Copyleft is opposed to the proprietary nature of copyright. In other words. and requiring all modified and extended versions of the program to be free as well. Red Chillies and Reliance Entertainment over copyright issue.all a stolen piece.
a Linux user does not have to pay any license fee for use the Linux operating system or software. without adding any restrictions thereon. Siemens. distribute and improve upon the Linux software. without waiting for an upgrade from the proprietor. Weak copyleft licenses are mostly used for software libraries by allowing links to other libraries (GNU Lesser General Public License). it becomes a means of keeping software free’. ‘instead of a means of privatizing software. As Stallman says. Intel. Companies are increasingly supporting Linux as over other operating systems. For example.org. The most well known free software license that uses strong copyleft is the GNU General Public License. Strong license is also Design Science License that can apply to art. the GPL linking exception made for some software packages (see below) . Types of Copyleft 1. As compared to Microsoft. Most important users of weak copyright are Mozilla and OpenOffice. This gives him the opportunity to deal with any bugs and defects in the system immediately. Its inherit depends on how it was derived. or in some other way does not impose all the principles of copylefting on the work. It is mainly due to this reason that Linux has over 10 million users worldwide! Another advantage in using the Linux Operating system is that it is cheaper. Sony. Dell. Boeing and even Microsoft itself are using Linux. music. IBM. If author wants no ownership he could just put work in public domain 2. sports photography and video. Strong and Weak copyleft Strong copyleft provisions can be imposed to all derived works which means that the first creator of the works has the most rights.software and even improve upon it. Full and Partial Copyleft "Full" and "partial" copyleft relate to another issue: Full copyleft exists when all parts of a work (except the license itself) may only be modified and distributed under the terms of the work's copyleft license. Partial copyleft exempts some parts of the work from the copyleft provisions. thus permitting distribution of some modifications under terms other than the copyleft license. Linux Operating System A user of the Linux Operating System has an implied license to modify. Weak copyleft refers to license where not all derived work inherit the copyleft license.
which registered the iPad name in both Taiwan and mainland China in 2000 and 2001 respectively. will now seek compensation from Apple for use of the name.Case Study Case: Apple V/S Hong Kong LCD maker Product: iPad Year: 2011 Apple could face a charge of up to US$1. has the right of appeal. however. Proview Technology. TRADEMARK Meaning . Strangely. financially struggling Hong Kong-based. Hejun Vanguard Group.6 billion from Apple for the unfettered right to use the iPad trademark.6 billion if it wants to continue using the iPad name for its popular tablet devices in mainland China after a significant copyright infringement court loss to a Hong Kong LCD maker. which owns the iPad trademark for China. however. rejected Apple's case. claiming the 2009 sale covered both Taiwan and China. Hejun is reportedly seeking $1. a Hejun spokesman said in Xinhua. Proview is under debt restructuring administration by a Chinese management consultancy. is quoted as saying that Apple's copyright infringement is clear and that it has been selling iPads in China since September last year in defiance of the laws. Apple still attempted to sue Proview for trademark infringement in China. Apple. Proview International Holdings. had sold the Taiwan rights to Apple in 2009 for a mere US$54. The more iPads that Apple sells the more compensation it will have to pay Proview. the Chinese management consultant. According to a report in the Chinese state-owned Xinhua news agency. The Municipal Intermediate People's Court in Shenzhen. which now wants to make Apple pay for what will be considered its infringement of Proview's iPad trademark in China.000 but not the China rights. After winning the case.
Trademark is one of the areas of intellectual property and its purpose is to protect the mark of the product or that of a service. This Law also enables the registration of trademarks so that the proprietor of the trademark gets legal right to the exclusive use of the trademark. The Trademark Act was introduced to provide for registration and better protection of Trademarks and for prevention of the use of fraudulent marks on merchandise.they include a device .brand. from the date of priority. The trademark act 1999 and its trademark rules 2002 presently govern Indian Trademark Laws in India. Or in other words a trademark is a word or symbol or combination thereof used by manufacturer or vendor in connection with a product or service.. the 5 years non-use period is to be calculated from the sealing date or the date on which . Hence a trademark is defined as a mark capable of being represented graphically and which is capable of distinguishing the goods and services of one person from those of others and may include shape of goods. Tenure and the Renewal of trademark registration The trademark is initially registered for a period of 10 years. It can be renewed further after every ten (10) years. i. Marketing of a particular good or service by the producer is much better off as by trademark because recognition becomes easier and quality is assured. The rules of the Trademark act 1999 are called as Trademark Rules 2002. word. In other words. automatically leads to removal of the trademark from the Register of Trademarks.signature. The objective of this act was easy registration and better protection of trademarks and to prevent fraud.shape of goods. Non use cause cancellation of trademark If a trademark is not used for 5 years continuously it would become a matter of cancellation of trademark.label ticket . The failure in renewing the trademark within the stipulated period of time and a grace period of maximum 1 year granted for restoration of the trademark.A trademark is any sign that individualizes the goods of a given enterprise and distinguishes them from goods of its competitors.e. The owner of the mark can prevent the use of similar or identical signs by competitors if such marks can lead to confusion. Trademark Act 1999 was done by the Government of India so that the Indian Trademark Law is in compliance with the TRIPS obligation on the recommendation of the World Trade Organization (WTO). A particular trademark becomes vulnerable to cancellation on the ground of “non-use” as soon as a continuous period of 5 years or more have elapsed from the date on which the said mark was actually placed on the register. their packaging and combination of colors . letter.numeral . The registration is required to be renewed within 6 months before the date of expiry of the registration. Both the Act and its set of rules came to effect on September 15th 2003.name . 10 years from the date of the application or subsequent renewals. packaging or combination of colors or any combination thereof. which is calculated from the date of filing of the application and in case of convention application. heading .
the Bombay High Court in its order last week dismissed HUL's interim application on the grounds that the consumer products giant had not used its registered mark for detergent Sun ever since it got it registered 60 years ago. However. Lack of demand for the goods. The courts in India have acknowledged certain special circumstances given below which assist in defending a non-use cancelation action. HUL’s contention has been that Sun. 1. Over a year ago. But there are some special circumstances that can be pleaded to defend a non-use cancellation action. which manufacture and market detergent brand SunPlus. HUL had dragged the Kerala-based Thai Group to court for “infringing” on the Sunlight brand. Sunlight and Sunsilk are its registered trademarks. 4. which Ashique and Aghin had trespassed on. Import restrictions. 3. General glut in the market. Caselet: Case: Hindustan Unilever Ltd V/S Southern Soap Maker Product: Sunlight Year: Hindustan Unilever Ltd (HUL) lost a trademark case for a 127-year-old soap called Sunlight to a little known southern soap maker. The Thai Group is the parent company of Ashique Chemicals and Aghin Chemicals. Wartime restrictions. However. 2. a token sale of a particular product bearing the mark is sufficient to ward-off non-use cancellation proceedings.registration certiﬁcate was issued. Need of Trademark Registration of trademark is not mandatory but in the present day scenario there is increasing infringement and a lot of cases are challenged so it is advisable to register .
Section 42 states the conditions for assignments otherwise than in connection with the goodwill of a business. This is said because most have regional or local name brands and most constantly push these weak names while struggling to get global clearance. This chapter deals with special provisions for trademarks relating to 'textile goods'. 1999. 1999 to ensure that a person who has an assignee or licensee of a trademark cannot initiate any trademark infringement proceedings under the Trademark Act. • An amendment to Section 45 of the Trademark Act. It is said that a trademark is a valuable business asset and a marketing tool which could help in financing of the business in a way. A brand is always a trademark but a trademark is not always a brand. There is also a need for trademarks to be globally protected. • An amendment to delete Sections 40. . The amendment therefore restricts the time period to file an opposition to only 3 months from the date of registration which was 4 months earlier. 1999 until such time that the assignment or transmission has been registered with the Registrar of Trademarks under Section 45(1) of the Trademarks Act. Important Amendment: Special provisions relating to protection of trademarks through international registration under the madrid protocol The new amendments done in The Trademark (amendment) Act. 2010 are as follows: • An amendment to Section 21 of the Trademarks Act. • Miscellaneous amendments to Sections 150 and 157 of the Trademarks Act. 1999. Section 40 places a restriction on assignment or transmission of trademarks where multiple exclusive rights would be created. 41 & 42 of the Trademark Act. An increasing number of countries also allow for the registration of less traditional forms of trademarks such as single colors. 1999 to do away with the one month discretionary extension that the Registrar could grant in the case of an opposition to an advertised trademark. 1999 to ensure that a trademark is registered within 18 months of filing the trademark application. Section 41 places a restriction on assignment or transmission where exclusive rights would be created in different parts of India. three dimensional signs (shapes of product packaging).Trademarks. 1999. 1999 in order to ensure consistency in the language of the remaining amendments. • An amendment to Section 23 of the Trademarks Act. audible signs (sounds) or smell. • An amendment to delete Chapter X of the Trademarks Act. A trademark can thus be called a device that gives distinctiveness and a mode of identification to a particular product or service.
It is sought to empower the Registrar of Trade Marks to deal with international applications originating from India as well as those received from the International Bureau and maintain record of international registrations. administered by the International Bureau of the World Intellectual Property Organization (WIPO). Accession to the Madrid Protocol will entail amendments to the Trade Marks Act. For this purpose. 4. Duration and renewal of international registration. was adopted in 1989. the protection of the trade mark in India shall be the same as if the trade mark had been registered in India. which in turn is transmitted to the other designated countries through the International Bureau. There is no provision under the Trade Marks Act. Reasons for the amendments 1. The Madrid Protocol is a simple. it is proposed to suitably amend the Trade Marks Act and to incorporate therein a new Chapter IVA containing special provisions relating to protection of international registration of trademarks under the Madrid Protocol. 2. A person desirous of obtaining registration of his trade mark in other countries has to make separate applications in different languages and pay different fees in the respective countries. It enables the nationals of the Member countries of the Protocol to obtain protection of trademarks within the prescribed period of 18 months by filing single application with one fee and in one language in their country of origin. duration and its renewal. It is further proposed to provide for the effect of international registration. a specialized agency of the United Nations. Definitions of new terms are being given. It is also proposed to reduce the time period of filing a notice of opposition of published applications from four months to three months for speedy disposal of . The international registration of a trade mark at the International Bureau shall be for a period of ten years and may be renewed for a period of ten years from the expiry of the preceding period. 3. facilitative and cost-effective system for international registration of trade marks. The Madrid Protocol. 1999 (hereinafter referred to as Trade Marks Act) to facilitate Indian nationals as well as foreign nationals to secure simultaneous protection of trade marks in other countries.Effects of international registration: From the date of the international registration of a trade mark where India has been designated or the date of the recordal in the register of the International Bureau about the extension of the protection resulting from an international registration of a trade mark to India.
Use by members.proceedings. That means there is a specific way of writing any product name. 1999 i. Building construction etc. Transport.The literal meaning of Trade Dress is . Trade Dress. packaging. which are filed together with the application users. Certification Mark.Certification mark is a mark that certifies that goods and/or services of another meet certain very specific standards of quality. its unique background and other remarkable signs. 4. Services are identifying the source of Service provided by Company/Firm/Individuals.the overall image of a product used in its marketing or sales that is composed of the nonfunctional elements of its design. being brought into force on September15. Ex: ISI MARK. 1999. package shape. referred to as authorized users. The association is registered as proprietor of the trademark and the members who use the marks can do if they fulfill regulations. Service Mark. AGMARK etc. Further. or symbols). 2003. Ex-Insurance. The concept of trade dress has much importance in a country like India where one third of the population is still illiterate.Service Marks are marks used in any form of service business where actual goods under that mark are not traded. The New Act primarily consolidates and amends the old Trade & Merchandise Marks Act. Types of Trademarks There are basically four types of trademarks:1. India has made a step towards fulfilling its international obligations. or labeling (as colors. is deemed to be the use by the proprietor. 3. Trade dress helps the illiterate people who cannot read the trademark on the product as well as the manufacturers to reach the people easily. 2. With the Trade Marks Act. Consequently. The extended and salient features of the New Act are the following: . Education. Services are offered and purchased. with a view to simplify the law relating to transfer of ownership of trade marks by assignment or transmission and to bring the law generally in tune with international practice and modern business needs. Collective Mark. The salient features of the Indian Trademarks Act. the Indian trademark law has now become fully compatible with the International standards laid down in the TRIPS Agreement. 1958 and provides for better protection of goods and services.The collective mark is different from other trademarks as a collective mark distinguishes the goods or services of members of an association of persons from the goods or services of others.
from the goods and services of another and may include any mark capable of graphical representation including aspects of shape of goods. even well-known designs can now avail protection under trademark law. vii. such as insurance. Thus it prohibits any other trader from using the mark even over “similar” goods or services. iii. dealing in goods and services in respect of which the mark is registered. (3) Duration. a preemptive right over associated services and vice versa. real estate and telecommunications. As a result. The protection of trademark is extended to prevent any ‘corporate’ or “business concern” from using someone else mark as its trade name or name of its “business concern”. only if it is known to a considerable number of people who use such a product or avail such a service. Only a single register will be maintained hereafter. ix. Mumbai. would have sittings in Kolkata. The New Act provides the registered proprietor who has a trademark over goods. The trademark law provides for ‘well-known trademarks’. . and combination of colors. To prevent the sale of spurious goods and falsification of trademarks. financial services. This provision is adopted to accommodate the requirement of Art 16 of the TRIPS agreement. thereby giving no room for discrimination between applicants.The police can arrest the violators without a warrant as they come to know of such activities as these are considered serious offences. The system of maintaining registration of trademarks in part A and part B is omitted. enhanced punishment is incorporated. It is “roving in nature”. v. a trademark can be established as a well-known trademark.000 to 3 lakhs. The conditions laid down for the determination of a well-known trademark are (1) Knowledge of recognitions.The definition of Trademark has been expanded to encompass any mark capable of distinguishing the goods and services of one. as was done formerly. The term of protection of trademarks (tenure) enhanced from the previous 7 years to 10 years. Delhi. their packaging. As one of the means to simplify and streamline the procedure of registration. it is now made possible to file one single application for registration of a mark in different classes of goods or services. iv. xi. The well-known trademark is a mark used over particular goods or services that has obtained sufficient recognition among the consumers using such goods or services. instead of filing separate applications. extent and geographical area. However. An Appellate Board has been established having its national headquarters in Chennai. All applicants are now given equal rights and opportunities. ii. Punishment will be a minimum of 6 months and can extend to 3 years and a fine of rupees 50. Ahmadabad periodically depending upon the work demand. Renewal is possible before completion of 10 years in perpetuity. x. (4) Registration and use. vi. The definition of trademark under the Act includes products as well as services. (2) Promotion of trademark. viii.
2.com. the owner can be a partnership. xiii. etc.. Inc Product: “look and feel” website Year: Blue Nile. the same is omitted. the court did hold that it was possible for the look and feel of the websites to have trade dress protection All these types of Trademarks are equally important and promote activity as well as maintain the distinctiveness of the product. Inc. The owner of the mark is the person who controls the nature and the quality of the goods sold or the services rendered under the mark. The owner does not have to be an individual. Inc.The previous Act enabled a trademark owner to register a mark in other classes as a defensive mechanism. 1. the plaintiff sued the defendant for copying the overall “look and feel” of plaintiff’s retail jewelry websites. If the owner is a company. a company. . company. then the applicant's name is the name of the company. Ice. including the design of plaintiff’s search pages. The applicant specify what type of entity it is (individual. Inc. Although the court ordered more factual development before it could rule definitively on the issue. or an association. v. Ice. Legal Requirement: There are three basic requirements for filing a trademark (or service mark) with the Indian Trademark Registry. Caselet: Case: Blue Nile. xii.com. The mark must be filed under the name of the actual owner of the mark. v. The Act also extends the applicability of convention countries to include members of Group or Union of countries and Inter-governmental organizations such as members of the WTO.) and it’s national citizenship. It is not required that the applicant has Indian citizenship.
Not all words. for a laptop computer. is functional. However. institutions. A mark for services will be considered actual use when it is used or displayed in the sale or advertising of services and the services are actually rendered. or deception 6. The proposed mark is merely descriptive or deceptively misdescriptive of applicant's goods or services 7. Matter that. or of any foreign nation 4. For the application to be based actual use. The proposed mark is primarily merely a surname. as a whole. For example. names. The application must be based on an actual use or on a real intention to use the mark in business. When you are filing an intent-to-use application. The proposed mark is primarily geographically descriptive or deceptively geographically misdescriptive of applicant's goods or services 8. Ground of Refusal The Trademark Registry will refuse to register a mark if it does not function as a trademark or service mark. The usage of the proposed mark is prohibited under the Emblems and Names (Prevention of Improper Use) Act. The proposed mark may disparage or falsely suggest a connection with persons (living or dead).3. it is sufficient that you state that you plan to use the mark in commerce. or bring them into contempt or disrepute 3. or of any State or municipality. . and 9. or scandalous matter 2. The proposed mark consists of or comprises immoral.1950 5. the applicant should indicate what products he or she has actually placed the mark on and sold for business. mistake. or other insignia of a country. beliefs. or national symbols. symbols or devices function as trademarks. The proposed mark so resembles a mark already registered in the Patent and Trademark Office (PTO) that use of the mark on applicant's goods or services are likely to cause confusion. You cannot register the mark "computer". The proposed mark consists of or comprises the flag or coat of arms. The grounds for refusal may be summarized as: 1. names which merely describe the goods on which it is used cannot be registered. you will have to actually use the mark before it can actually be registered. for example. deceptive.
uses in the course of trade. infringement of a trademark is a cognizable offence and criminal proceedings can be initiated against the infringers. it was found to be a clear case of infringement of trade mark and the ad interim injunction granted in favour of the plaintiff was accordingly made absolute. Dua Pharmaceuticals Ltd (the defendant)company subsequently floated its similar product under the trademark "Calmprose".29(1) that a registered trade mark is infringed by a person who. Other subsections describes that in course of the use of the trademark it is said to be infringing the rights of other company due to use of similar or identical trademark using for marketing of similar kind of goods and services or use of identical or deceptively similar trademark for any other kind of goods and services. It is further given in the Sub Section (9) of this section that the infringement can also be done by the spoken use of those words as well as by their visual representation. Ranbaxy Laboratories Ltd (the plaintiff) company manufactured drugs under the trade name "Calmpose".Legal Remedies against Infringement and/or Passing off Under the Trade Marks Act. the colour scheme and manner of writing. So the courts have drawn its meaning from common law that if the infringement of trademark done in such a manner where the mark is not only deceptively similar to the trademark of other company but also creating confusion for the customers. not being a registered proprietor or a person using by way of permitted use. The said two trademarks having appeared phonetically and visually similar and the dimension of the two strips being practically the same including the type of packing. both civil and criminal remedies are simultaneously available against infringement and passing off. a mark which is identical with. Trademark Infringement and Passing Off Infringement: Section 29 of the Trademark Act-1999 talks about various aspects related to infringement as given in S. or deceptively similar to.Section. the trade mark in relation to goods or services in respect of which the trade mark is registered and in such manner as to render the use of the mark likely to be taken as being used as a trade mark.1988. Dua Pharmaceuticals Ltd . . 134(1) (c) and 135. Vs. which ultimately results in damage for business of the company. In Ranbaxy Laboratories Ltd. Such enforcement mechanisms are expected to boost the protection of marks in India and reduce infringement and contravention of trademarks. Significantly. Passing Off: The specific description of passing off is not given in the trademark act It is referred to in section 27(2).
Registration of a trademark is not a pre-requisite in order to sustain a civil or criminal action against violation of trademarks in India. It was held that the use of the mark "Honda" by the defendants couldn't be said to be an honest adoption. The Interim reliefs in the suit may also include order for:(a) Appointment of a local commissioner. Passing off essentially occurs where the reputation in the trademark of party A is misappropriated by party B. The application of the plaintiff was allowed. Relief granted by Courts in Suits for Infringement and Passing off The relief which a court may usually grant in a suit for infringement or passing off includes permanent and interim injunction.Under the common law. account books and preparation of inventory. For an action of passing off.The order of interim injunction may be passed ex parte or after notice. Honda Motors bought an action against the Charanjit Singh & Others for passing of the business of the plaintiff. . seizure and preservation of infringing goods. Damage suffered by the claimant. The above concept of passing off can be explained with the help of this case law: Honda Motors Co. Ltd V Charanjit Singh & Others Honda Motors(Plaintiff) was using trademark "HONDA" in respect of automobiles and power equipments. damages or account of profits. Misrepresentation by the defendant which causes confusion to the public. registration of a trademark is irrelevant. Its usage by the defendant is likely to cause confusion in the minds of the public. The proprietor of a common law trade mark may also be able to prevent registration of a similar trade mark by another party. 3. The presence of goodwill attached to the claimant's goods or services. a combined civil action for infringement of trademark and passing off can be initiated. Three elements of Passing Off1. 2. a person who builds up a reputation in connection with the use of a particular mark will have rights to prevent another person "passing off" goods or services as being those of the owner of the mark if such conduct is likely to injure the proprietor's reputation. etc. such that party B misrepresents as being the owner of the trademark or having some affiliation/nexus with party A. Charanjit Singh & Others (defendants) started using the mark "HONDA" for its pressure cookers. thereby damaging the goodwill of party A. for search. delivery of the infringing goodsfor destruction and cost of the legal proceedings. which is akin to an “Anton Pillar Order”. In India.
(b) Restraining the infringer from disposing of or dealing with the assets in a manner which may adversely affect plaintiff’s ability to recover damages.“Utterly ButterlyAmul” Year: Sept 26. 50. 2007 (An article from Times of India published on 26 Sep. 300. Process of Registering for Trademark The registration process generally takes at least 2 years from start to finish. An application for registration of a trade mark can be filed at Registries located at Delhi. although it can last longer if legal issues arise during the process. In case of foreign applicants. Case Study Case: “Amul wins trademark case in Gujarat HC” Issue: Trademark . the offence is punishable with imprisonment for a term which shall not be “less than six months” but which may extend to “three years” and fine which shall not be less than Rs. Thereafter. the Trademark Registry will assign your file a serial number and mail you a receipt about a month after filing. An examiner with the Trademark Registry will examine the application and will publish the mark in the Trademark Journal. Offences and Penalties In case of a criminal action for infringement or passing off.000 but may extend to Rs. 2007 ) . Mumbai. their agent's address in India shall be measured for the purpose of jurisdiction.000. the Trademark Registry will issue a Certificate of Registration. After filing an application. Other parties will have (90) days from the date of publication to object to the mark. Chennai and Kolkata based on territorial jurisdiction. costs or other pecuniary remedies which may be finally awarded to the plaintiff.
or a region or locality in that territory. who has registered the trademark. HC's judgment was in connection with a case where the Kaira District Co-operative Milk Producers' Union popularly Amul Dairy and the Gujarat Co-operative Milk Marketing Federation (GCMMF) had filed trademark infringement cases against two local shop owners. The district court had passed an order that it was a clear case of infringement and restrained the two from using Amul trademark.“Utterly ButterlyAmul's name cannot be used by any other proprietor even if the company is selling goods other than that sold by the proprietor. GCMMF manages the brand. reputation or other characteristic which is essentially attributable to its geographical origin. AmulChasmaghar however had challenged the district court's interim injunction in the HC. correct. Justice Patel while upholding the district court's ruling stated that he saw no reason to entertain AmulChasmaghar's appeal as the order passed by the trial court was true. natural goods or manufactured goods as originating. AmulChasmaghar and Amul Cut Piece Stores in the district court. legal and in consonance with the facts of the case as well as in accordance with the provisions of the Trademarks Act 1999. Interpretation: A geographical indication tells consumers that a product is produced in a certain place and has certain characteristics that are due to that place of production. Geographical Indication aims at informing the consumer that a good has the quality. reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory. where a given quality. While Kaira Union owns brand Amul. region or locality. GEOGRAPHICAL INDICATION Definition Section 2(e) of the Act defines a GI as : “geographical indication”. . in relation to goods.” the Gujarat High Court has ruled that a registered trademark user has the right to restrict others using their trademark for different class or goods. as the case may be. where justice D N Patel upheld ruling of the district court. or manufactured in the territory of a country. In a significant judgment. means an indication which identifies such goods as agricultural goods.
All these names typically convey an assurance of quality & distinctiveness. 5. “Idaho Potatoes” from USA. 3. Samos. Brandy De Jerez. Mittleburgenland. Sherry. even if it is made from the same grape variety. Scotch Whicky. Examples of geographical Indication in India. Pochampally Ikat. PRODUCT Balarampuram Fine Cotton Sarees Paithan Sarees Sambalpur Sarees Bomkai Saree & Fabrics Patola Sarees Lucknow Chikan Craft Varanasi Sarees & Brocades STATE Kerala Maharashtra Orissa Orissa Gujarat Uttar Pradesh Uttar Pradesh . Merlou From Sarkar (Wine). can be called “Champagne”. 7. Genievre Flandres Artois. Berliner Kummel. Canada: Canadian Rye Whisky. Fheinhessen. Grappa Di Barolo. which is the geographical region from which the wine derives its world famous name. . region or territory. 2.. Tsikoudia (From Crete). Irish Whickey. India for its spices. Darjeeling Tea. No other wine. “Swiss Chocolates” from Switzerland. which is essentially attributable to the fact of its origin in that defined geographical locality. Venice for glass. Hungary: Ger (wine) An example is the word “Champagne” that is claimed exclusively by the Champagne region of France. Canadian Whisky.Bulgaria: Traminer From Khan Kroum (Wine). SR. and is identical in taste. 6.Geographical indications can be used to identify any product that may be associated with a specific geographic place. Chianti. Porto. EU: Wines: Champagne. Dhaka for its muslin. by the same method.Basmati Rice. China for its silk. and “Champagne Wine” from France. “Chianti Wine” from Italy. From ancient times every region had its claim to fame for its products for example Arabia for horses. Consumer purchases product simply for their qualitative properties attributing the same to their geographical origin. Mossele Luxembourgeoise. Czech Republic: Beers: Pilsen. Examples of geographical Indication in world . Budweis. Example the usage of the phrase “Champagne made in USA” is prohibited although it is not deceptive. Jasmin Rice etc Some of the examples of potential Geographical Indications in Textiles & Clothing in India. aroma and other qualities.NO 1. Some well-known GIs are “Darjeeling Tea” from India. Spirits: Cognac. “Tequila Spirit” from Mexico. 4.
the quality or characteristics of which are due exclusively or essentially to the geographical environment.8. Appellation of Origin Lisbon Agreement defines an “appellation of origin” as “the geographical denomination of a country. GI registration can be renewed from time to time for further period of 10 years each. which serves to designate a product originating therein. or locality. for example. “Swiss Made” or “Product of Spain”. labels saying “Made in USA” . including natural and human factors. An appellation of origin (AO) is a special kind of GI. if the authorized user so desires. region. used on products that have a specific quality or characteristics that is exclusively or essentially due to the geographical environment in which the products are produced. Maheswar Sarees In Silk Madhya Pradesh It has been estimated that about 50000 products in India needs protection under GI. It was in the year 1999 that India in compliance with its obligation under TRIPS Agreement . The registration of a geographical indication is valid for a period of 10 years. Need for Geographical Indication Indian Act. Indication of Source Indication of source is a sign that simply indicates that a product originates in a specific geographical region. An appellation of origin is a special kind of geographical indication. 1999 Prior to 1999 there was no specific legislation to regulate geographical indication.
while they in fact get a worthless imitation. • Features of the Geographical Indication Indian Act. goods ii.enacted the Geographical Indications of Goods (Registration and Protection) Act. 1999. 1999 are as follows:- . may be misrepresented by dishonest commercial operators. which are determined to be generic names or indications of goods. • Those which comprise or contain scandalous or obscene matter or any matter likely to hurt religion susceptibility of any class or section of citizens of India. if not protected. Many of them have acquired valuable reputations which. The latter suffer damage because valuable business is taken away from them and the established reputation for their products is damaged. Geographical indications are understood by consumers to denote the origin and the quality of products. This act seeks to provide for registration and better protection GIs relating to goods. reputation or other characteristics which is essentially attributable to its area of geographic origin. Possess a given quality. natural goods or manufactured The Geographical Indications that cannot be registered are: The use of which would likely to deceive or cause confusion or contrary to any law. Identify the good as agricultural goods. 1999 The important features of the Geographical Indication Indian Act. Buyer believes in buying a genuine product with specific qualities and characteristics. • Those which would otherwise be disentitled to protection in a court. To qualify for GI protection an indication must: i. It excludes unauthorized persons from misusing GIs.
A basic protection fixed in Article 22 for all products which is determined by an act of misleading the public or unfair competition. mortgage or such other agreement. However. and an additional protection fixed in Article 23 solely for wines and spirits which prevents any incorrect use of GIs on these types of product. This agreement provides for two levels of protection. Article 23 says governments may refuse to register or may invalidate a trademark that conflicts with a wine or spirits GI whether the trademark misleads or not. 2. • Ministry of Commerce and Industry. It shall not be the subject matter of assignment. of India. It provides a mechanism for registration of GIs. Members are not obliged to bring a geographical indication under protection where it has become a generic term for describing the product in question. Article 24 of TRIPS provides a number of exceptions to the protection of geographical indications that are particularly relevant for geographical indications for wines and spirits (Article 23). GI protection with TRIPS Agreement GI protection is granted by the TRIPS Agreement. licensing. • . 3. his right devolves on his successor in title. People responsible for administration of Geographical Indication in India are as follows:The Controller General of Patents. The WTO (World Trade Organization) TRIPS Agreement (an agreement on trade related intellectual property rights) of 1994 is currently the principal international instrument for protecting and defending GIs. It provides higher level of protection for notified goods and remedies for infringements. trademarks and geographical indications. transmission. designs. A geographical indication is a public property belonging to the producers of the concerned goods. govt. pledge. Design and Trademarks administers patents. For example.1. which is under the control of the Department of Industrial Policy and Promotion. when an authorized user dies. It may be used by all producers who make their products in the place designated by a geographical indication and whose products share typical qualities.
• The central govt. Case: Importance of Strawberry in Mahabaleshwar Product: Strawberry Year: September 2009 The strawberry mainly grown in Mahabaleshwar-Panchagani belt of Western Maharashtra region has now received GI status and now will be recognised as "Mahabaleshwar Strawberry". 000 tonnes of strawberry every year. we are able to grow good quality fruits over here. said. The climatic condition of Mahabaleshwar is very suitable for strawberry than any other part of the country and is similar to Europe and hence. "Earlier. "There are over 1800 strawberry growers in Mahabaleshwar-Panchgani belt on 2000 acres and produced 20. 2002 has also stipulate the protection of GI. . All India Strawberry Grower's Association had applied for the GI status to Chennai based Geographical Indication Registry. due to highly perishable nature of the fruit. he said. All India Strawberry Grower's Association's chairman Balasaheb Khilare. Talking about the exports of strawberry. brand name for the strawberry. we were exporting strawberry to Brazil and over 400 tonnes of strawberry was exported. The total cost of the production is more than Rs 100 crore. with Controller of Patents. But now.The Geographical Indications (Registrations and Protection) Act Rule. has established Geographical Indications Registry at Chennai. due to GI recognition we are able to export the fruit to over 153 countries in the world. The GI Act came into force with effect from 15th September 2003. Designs & Trademarks of the Registrar of GI where the right holders can register their respective product. The association confirmed the acceptance of the same on Wednesday and now the growers can market their fruit as ' Mahabaleshwar Strawberry'. But. • Caselets 1. The taste and sweetness of this fruit is unique. Earlier. the exports were discontinued.
no turban made outside Pune region can be legally sold under the name of Puneri Pagadi and this will benefit local artisans. Registry maintains a Register of GI which is divided in to two parts. the traditional headgear of Maharashtrians. Registration for Geographical Indication Indian Act."The Puneri Pagdi can be popularised as a souvenir showcasing Indian tradition. 1999 Geographical Indications Registry is set up in Chennai. Part A is related to the registration of GIs. However. the registered proprietor or authorized users of a registered geographical indication can initiate an infringement action. the court may reduce the punishment under special circumstances. Case: Obtaining GI status for Puneri Pagdi Product: Puneri Pagdi Year: May 2010 Shree Puneri Pagdi Sangha recently managed to obtain geographical indication (GI) status for the famed Puneri Pagadi. With the endorsement of the GI. The Geographical indication (GI) status that we have secured for 'Puneri Pagdi' will make our headgear famous all over the world by the name of Puneri Pagdi. No one would be able to manufacture them through wrong means and would not be able to amend the traditional way of making them. A sentence of imprisonment for a term between 6 months to 3 years and a fine between fifty thousand rupees and two lakh rupees or stipulated in the Act.2. Even the local artisans will gain employment by this. Part A and Part B. Part A contains details of distinguishing characteristics of the goods and of the registered proprietor which would be an association of persons or producers or a body . and thus ensure its conservation. Infringement of Geographical Indication When an unauthorized user uses a geographical indication that indicates or suggests that such goods originate in a geographical area other than the true place of origin of such goods in a manner which mislead the public.
The Journals are published on the Registrar of Geographical Indications website and any person can file a notice of opposition within three months opposing the GI application published in the journal. When an application of GI has been accepted.representing interest of such producers like for instance the Tea Board. the examiner at the Registrar's office scans the application and deficiencies have to be corrected by the applicant within one month. After the preparation of application is completed. A registered GI . manufacturing. Once the need is felt for registration of a good as a GI good. After the application is submitted. Post this process. Chennai along with a prescribed fee. Every application within three months of acceptance is published in the Geographical Indications Journal. 1999. the first and foremost requirement is to represent the interest of the producers of the good under consideration. Producers are defined as persons dealing with the following three categories of goods: 1) Agricultural Goods include the production. The content of the statement of case is assessed by a consultative group of experts in the area and an examination report is issued. the Registrar registers the geographical indication and the applicant is issued a certificate with the seal of the Geographical Indications Registry. which is bi-monthly and bi-lingual (Hindi and English) statutory publication. producers. The Registrar may also withdraw an application after the hearing. addresses and descriptions. applications can be filed and submitted by a legal practitioner or a registered agent and submitted to the Registrar of Geographical Indications. and 3) Handicrafts or Industrial goods include making. trading or dealing. trading or dealing. 2) Natural Goods include exploiting. processing. trading or dealing The second stage is the submission of application for registration under the GI Act. Part B relates to the registration of authorized users/proprietors such as names. the Registrar communicates with the applicant and is given two months to respond or apply for a hearing. The Indian GI Act says that any association of persons. The applicant must represent the interest of the producers. At this stage. The application has to include details of special characteristics of the product to convincingly prove the uniqueness and establish linkages between the product and its place of origin. organization or authority established by or under the law is eligible to apply for GI registration. in case of any objection. Coffee Board. The application has to be signed by the applicant or his agent and accompanied by a statement of case. The application must be in writing in triplicate in the prescribed format. Spices Board etc. the applicant can send a copy of counterstatement which can be accepted or result in abandoning of the application after a hearing.
Only an authorized user has the exclusive rights to use the geographical indication in relation to goods in respect of which it is registered i. etc. • The benefits of GI registration are as follows: It prevents unauthorized use of registered Geographical Indication goods by third parties. manufactured (7) and food stuff (2) Case Study . iv. producers. It boosts exports iii. Till March 2010. Chanderi Handloom. assigned or mortgaged. 'Alphonso' (mango). ii. Any person aggrieved by an order or decision can file an appeal to the intellectual property appellate board (IPAB) within three months. 120 goods have been registered under the Act and many more are in the pipeline. organisation or authority established by or under the law can apply • The applicant must represent the interest of the producers • The application should be in writing in the prescribed form. Out of the total 120 registered GIs. The Appellate Board or the Registrar of GI has the power to remove the GI or an authorized user.is valid for 10 years and can be renewed on payment of renewal fee. 80 belong to the handicraft category followed by agriculture (31). • The application should be addressed to the Registrar of Geographical Indications along with prescribed fee. It promotes economic prosperity of producers. The registration of a geographical indication can be applied by- Any association of persons. GI is a public property belonging to the producers and it cannot be transmitted. 'Basmati' (rice). Some of the well known GI goods are 'Darjeeling' (tea). Pochhampalli Ikat.
filed against the grant of GI to Tirupati Laddu by an individual petitioner. applied for a GI certification before the GI Registry in Chennai for the famous Tirupati Laddu. they were left with no option but to seek GI protection in order to tackle the menace of hawkers and black marketers who were producing fake and spurious Laddus and selling them to unsuspecting pilgrims. reputation and other characteristics.00. cardamom. Finally. including raids by its security and vigilance wings. TTD’s application also mentions that the Laddus are not produced anywhere else apart from the temple and possess distinctiveness in terms of quality. diamond sugar candies.25 lakh Laddus are prepared everyday in “pottus” or kitchens of the Tirumala temple.000 per day from the sale of the Laddus to the visitors.000. They are made in two sizes.000 to 70.50. the small ones weighing between 170 and 180 grams and the big ones weighing between 700 to 720 grams. The Sri Varu Laddu. raisins and almonds. In March 2008. a panel of experts appointed by the Registrar of Geographical Indications examined the merits of the application and recommended that the Laddu indeed deserves a GI tag. which has acquired a unique sanctity in Indian tradition. Controversy: The grant of GI to Tirupati Laddu has raised a host of controversial issues many of which make a strong case in favour of cancellation of the GI registration. popularly known as the Tirupati Laddu. it could be earning anywhere between a Rs 17. Tirumala Tirupathi Devasthanam TTD. had failed to remedy the situation. is believed to be the world’s richest Hindu shrine and also the most frequently visited one. 2009 the Tirupati Laddu was registered as a GI. the Trust which manages the temple. which has been the centre of controversy for quite sometime. the TTD claims that the approximate number of pilgrims visiting the temple daily is 70. While the big Laddus cost Rs 100 each. In 2008. is made from boondi mixed with sugar syrup and pure cow ghee and contains a variety of other ingredients such as cashewnuts. which is offered as prasadam (sacred food) to devotees of Lord Venkateshwara for more than three centuries. on 15th September.Case: GI certificate for famous Tirupati Ladoo Product: Tirupati Ladoo Year: 2008 The Tirumala Venkateshwara temple in Tirupati. Some of the problematic aspects of the said GI designation have been discussed below: GI grant to a single producer . The increasing demand for these delicious Laddus had given birth to a thriving black market in and around Tirupati during the last two decades. According to the temple officials. Attempts made by the temple authorities. the small ones are sold for Rs 25. It claims that over 1. In fact the Madras High Court is in the process of hearing a public interest litigation (PIL). Since in its application to the GI Registry.
even the application filed by TTD mentions the Trust as the sole beneficiary. While the use of such measures point towards the superior quality of the Laddus produced at Tirumala. The ingredients such as flour. regardless of whether it is prepared in the temple. If the name has already acquired a generic status. cardamom. are prepared by highly skilled cooks and are made of the best quality raw materials. is a single producer employing salaried or contract workers to make the Laddus inside the temple premises Laddu. the fundamental question which arises is whether the grant of a GI to TTD is permissible under the law given the fact that the latter is a single entity. Laddus produced elsewhere are also made in a similar manner. . sugar. The name “Tirupati Laddu” is widely used by hundreds of independent producers both inside as well as outside the region. However. these do not necessarily imply that they posses uniqueness sufficient to accord them GI status. Act allows only a class or group of persons or producers or an association representing the interests of the producers to be the authorized user of a GI. A careful perusal of the TTD’s application makes it clear that it is the size of the Tirupati Laddu which primarily distinguishes it from other Laddus. The enormous revenue generated from the sale of the Laddus goes entirely into its pocket without having to be shared with other producers. ghee. almonds. nor is the process of production unique to Tirupati. Thus. Tirupati Laddus go through a stringent series of quality checks. it can be argued that the term “Tirupati Laddu”. The temple in its application claims that unlike other Laddus. how could GI registry deem it fit to grant GI status on the Laddu merely because the product is believed to have the divine blessing of the Lord? Generic Nature of Goods Another substantive requirement for acquiring GI status is that the GI should not have become generic in nature. it might be possible that people identify all the gigantic Laddus which claim their origin from Tirupati as Tirupati Laddu. etc which are used for making the Laddus are not very different from that used in normal Laddus.Geographical indication is a collective right which is given to a community of producers to produce their goods using the GI designation. TTD. the grant of GI to Tirupati Laddu is inherently erroneous. there is neither any particular enrichment in the Laddu which can be attributed to its geographic origin. Moreover. Thus. there is no distinctiveness which sets it apart from Laddus produced elsewhere. Therefore. on the other hand. With respect to other characteristics. Lack of Distinctiveness One can only wonder as to whether Tirupati Laddu is indeed inherently distinct and possesses unique features not found in Laddus produced in other regions. in the absence of any marked distinctiveness from other Laddus. The only feature which distinguishes these Laddus from Laddus of other regions is its size. is used commonly to refer to a type of Laddu (large Laddus).
agrochemicals Increase in patent term for all products and processes to 20 years (from 10 i. The first renewal fee will be due at the expiration of the second year from the date of the patent. As a patent gives exclusivity. years) ii. that invention becomes a public Domain. using or selling the invention in question for commercial use during the specified period Need of Patent A patent gives you the right to exclude others from making your product. v. iii. ii. iv. . Thereafter renewal fee should be paid at the expiration of every succeeding year. Introduction of product patents for drugs – Initially there were only process patent allowed in India for sectors like pharmaceuticals. Tenure of Patent: 20 years from the date of application being filed. Amendments done to Indian Patent Act 1970 in accordance to TRIPS (2005) i. the patent holder invention. manufacturing. the patent holder has time to market the invention without competition making him/her able to charge higher prices.PATENT Meaning Patent are form of a certificate granted by a government. It gives you priority over third parties wanting to register their patents in countries that do not require registration. It gives the right to initiate legal action against anyone that is making or selling. Patent Renewal fees are payable every year. You can make money by licensing or selling your invention to someone else. It gives the inventor/innovator the right to exclude others from imitating. without permission. Renewal of Patent: Renewal of Patent has to be done after 2 years from the date of Patent. After 20 years.
which has varied end uses. or a new product altogether. The company had applied for the patent under the Mailbox facility for post-1995 inventions. or for manufacturing more articles of the same product that is reducing the cost of the already known product. Caselets: Case: First Product Patent Granted in India Product: Pegasys Year: March 1 2006 The Controller General of Patents granted the first product patent in pharmaceuticals to Roche India Pvt Ltd. mainly for treatment of serious viral infections and consequent diseases like cancer.and food. Many Indian companies like Hyderabad-based Shantha Biotechnics market interferon drugs in India. a recombinant DNA technology drug. would not need to discontinue production and marketing. It has specific application in adults who have hepatitis C and signs of liver damage. Pegasys. Difference between Process Patent and Product Patent: Process patent: It is granted for a new process of manufacturing an already known product or for manufacturing a new product. The product so invented may either be more or less useful product than an already known product. but this amendment made it possible for products also to be patented in these sectors. for its biotech drug Pegasys No other company will now be allowed to launch a generic version of the drug in India. even if a patent is granted. the Indian arm of Swiss drug maker F Hoffmann La Roche. is one of the advanced drugs in the Interferon series of proteins. Features of Indian Patent Act 1970 . This is because as per the patent rules. although there is no threat to drugs introduced prior to January 2005. Product patent: It is granted when a new product has been invented by the person. companies that had introduced the drug prior to January 2005 would not need to stop production. however. These companies.
integers or things. Persons entitled to apply for patents An application for a patent for an invention may be made by any of the following persons either alone or jointly with another: a) True and first Inventor b) His/her assignee c) Legal representative of deceased inventor or assignee. Mere collocation of more than one. It is essential for the validity of a patent that it must be the inventor's own discovery as opposed to mere verification of what was. (d) Improvement: In order to be patentable. was publicly known. and must independently satisfy the test of invention or an inventive step. in the definition of ‘invention”. The new subject matter must involve "invention" over what is old. certain broad criteria can be indicated. Firstly if the "manner of manufacture" patented. but courts have always taken the view that a patentable invention. apart from being a new manufacture. must also be useful. does not specify the requirement of being. .The Patent law of India has the following salient features that decide whether a patent will be granted or not: (a) The object: The object of patent law is to encourage scientific research.e. passes into the public domain. new technology and industrial progress. (b) Inventive step: The fundamental principle of Patent law is that a patent is granted only for an invention which must have novelty and utility. used or practiced in the country before or at the date of the patent. should be something more than a mere workshop improvement. not involving the exercise of any inventive faculty does not qualify for the grant of a patent. (c) Useful: The previous Act. It must produce a new result. The price of the grant of the monopoly is the disclosure of the invention at the Patent Office. the alleged discovery must not be the obvious or natural suggestion of what was previously known. Act of 1911. which. (e) The guiding tests: To decide whether an alleged invention involves novelty and an inventive step. it will negative novelty or `subject matter'. or a new article or a better or cheaper article than before. i. Secondly. after the expiry of the fixed period of the monopoly. an improvement on something known before or a combination of different matters already known. Prior public knowledge of the alleged invention can be by word of mouth or by publication through books or other media. useful. already known before the date of the patent.
For example. 3. The mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substances occurring in nature.Criteria for Inventions to be Patentable The basic criteria for an invention to be patentable are the following: (1) An invention must be novel (2) Has an inventive step and (3) Is capable of industrial application Inventions not Patentable Under Section 3 & 4 in Patent Act. The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process. An invention which is frivolous or which claims anything obvious contrary to well established natural laws. and in sub section 3 (a) to 3 (p) gives the areas of inventions not patentable. A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance. An invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human. 5. 1. 4. animal or plant life or health or to the environment. . 2. machine or apparatus unless such known process results in a new product or employs at least one new reactant.
Plants and animals in whole or any part thereof other than microorganisms but including seeds. after the Indian government refused to grant a patent to Novartis for its cancer drug. musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions. surgical. A presentation of information.this meant that Novartis could be refused a patent for what it claims to be an innovative and improved therapy. The case was launched in the year 2007. A mere scheme or rule or method of performing mental act or method of playing game. 13. Any process for the medicinal.which excludes 'incremental innovations'. dramatic. Since a patent had previously been granted for imatinib (the active ingredient of Glivec) in many countries . The mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way. curative. prophylactic diagnostic therapeutic or other treatment of human being or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products. 10. . India has a provision within its patent law . A method of agriculture or horticulture. Glivec. 9. A literary. who it had accused of 'unconstitutional' patent law practices. varieties and species and essentially biological processes for production or propagation of plants and animals.6. 8. 7. 11. 12. Topography of integrated circuits Caselet Case: Novartis V/S Indian Patent Act Product: Glivec Year: 2007 Swiss drug firm Novartis has lost its legal case against the Indian government.section 3(d) .
Bajaj V/S TVS Product – Flame Year – Sept 17. ii) Immaterial variation in the invention. 2009 Bajaj had disputed TVS' right on using internal combustion engines with three valves and two spark plugs in DTSi patent infringement case. but said that it is unlikely to take its case to the Supreme Court Patent Infringement Patent infringement means use of an invention or improvement for which someone else owns a patent issued by the government. . Caselet: Case . without obtaining permission of the owner of the patent by contract license or waiver.Novartis challenged the constitutionality of section 3(d). The company said that it was disappointed with the decision. The relief’s which may be awarded in such a suit are1) Interrogatory / interim injunction. iv) Taking essential features of the Invention. 3) Permanent injunction. The Patentee has to Institute a suit for infringement within three years from the date of infringement with any District or High Court. iii) Mechanical equivalents. but that case had been dismissed by the High Court in Chennai. Hence Bajaj filed a Patent Infringement suit with Madras High Court which allowed TVS application for an interim injunction restraining Bajaj from in any way interfering with the manufacture and marketing of TVS product – “Flame” Later this dispute was escalated to Supreme Court which ruled its decision in favour of TVS motors. 2) Damages or account of profits. Infringement of Patent can be in the below form: i) The colorable imitation of an invention.
Form 5 and Form 26 PUBLICATION A patent application will be published on expiry of eighteen months after the priority date. Claims and Deposits). The documents that need to be submitted at the time of filing a patent application are Form 1. Form of Application: Every application shall be accompanied by a specification (Title. Chennai and Mumbai. Sample or model. New Delhi. Examination: On receiving the request. Place of Filing A Patent application can be filed at any of the four patent offices in India. Abstract. Form 3. the controller shall direct the patent application to the Examiner for examination. Priority Date Priority date is the date of first filing allotted by the patent office to an application.Procedure for Patent Registration Patent application passes through the following stages: FILING Application: An application for a patent can be filed by the true and first inventor. Written Description. Drawings. Documents to be submitted at the time of filing. Form 2. Enablement and Best Mode. It can be published earlier. . if such a request is made by the applicant EXAMINATION Request for Examination: The process of examination starts with a request for examination. which has to be made within 36 months from the date of priority or filing. Patent Offices are located at Kolkata.
The patent will be valid throughout India. the controller notifies the patentee. Post-grant Opposition Any person can file an opposition within a period of twelve months after the grant of a patent.OPPOSITION Pre-grant Opposition Any person can file an opposition for grant of patent after the application has been published. 2011 . Process of Opposition On receiving a notice of opposition. Case Study Case: Apple V/S Samsung Product: Samsung Galaxy Year: April 12. GRANT If the application satisfies all the requirements of the patent act. He then constitutes an Opposition board to deal with the opposition. The Opposition board decides the issues after giving reasonable opportunity of hearing to both the parties. the application is said to be in order for grant. A granted patent shall be published in the official gazette and shall be open for public inspection.
your honor. Judge Koh held up an Apple iPad and a Samsung Galaxy Tab and asked Samsung's lead attorney Kathleen Sullivan if she could identify which was which. Japan and Australia Samsung’s performance in Smartphone Industry: Samsung's importance to the smartphone market cannot be underestimated.7 billion on Samsung display panels. Court’s Verdict: U. A full 25% of the parts that went into the iPhone 4 were manufactured by Samsung. From there the legal battles expanded to other countries and products. And in 2011.Introduction: Apple sued Samsung in the United States on April 12. has indicated that Samsung did violate Apple's patents. having won temporary injunctions banning the sale of the Galaxy Tab 10. who was standing some 10 feet away. 2011 claiming that Samsung's Galaxy series of phones and tablets infringed upon patents held by Apple and unlawfully copied design and functionality elements of its iPhones and iPads. memory chips and processor components in 2010. Conclusion: It seems that even in the midst of a bitter patent dispute. Apple was expected to become Samsung's largest customer by increasing component spending with its rival to $7. Additional cases are pending in Spain and the United Kingdom. In October. echoing the Australian courts that said that Samsung "slavishly" copied the iPhone and iPad. Apple still needs to prove that its patents are valid before the judge will consider an injunction. business is business and they still need each other after all.8 billion. Samsung counter-sued in South Korea. . the two companies have publicly expressed a desire to continue their purchaser/supplier relationship into 2014. Samsung took the top spot in smartphone sales with almost 28 million units sold worldwide and a 23. Nevertheless. Although rumors swirled that Apple was looking for new suppliers. Case Proceeding: According to a Reuters report. Apple came in a distant second with 17 million sold and a 14." replied Sullivan.8% market share. the two companies have recognized that in order to compete in a rapidly growing technology market. District Judge Lucy Koh. "Not at this distance. Japan and Germany with the allegation that Apple had violated a number of Samsung's wireless networking patents. Italy. In the third quarter of this year. who is hearing the case.6% share. Samsung tried to reverse its luck by taking a page out of Apple's playbook and attempting to block the sale of the new iPhone 4S in France. Relation between Apple and Samsung: An interesting wrinkle in this battle is that Apple spent a reported $5.S. in a particularly telling moment during the courtroom proceedings.1 in Germany and Australia and the Samsung Galaxy S2 phone in the Netherlands. The Dispute: Apple has come out on top.
Goa. Ministry of Human Resource Development. Meghalaya. Andaman & Nicobar Islands. Sikkim.CONCLUSION Programs initiated by government to protect IPRS are as follows 1. The Government also initiates a number of seminars/workshops on copyright issues. Andhra Pradesh. Assam. police personnel and to participants in various seminars and workshops on IPR. i. 5. Delhi. professional users like the scientific and academic communities and members of the public. Dadra & Nagar Haveli. The Department of Education. Special cells for copyright enforcement have so far been set up in 23 States and Union Territories. Modules on copyright infringement have been included in their regular training programs. Jammu & Kashmir. encouraging setting up of collective administration societies and organization of seminars and workshops to create greater awareness of copyright laws among the enforcement personnel and the general public. Tripura and West Bengal. enforcement agencies. Tamil Nadu. Madhya Pradesh. The participants in these seminars include enforcement personnel as well as representatives of industry organizations. National Police Academy. Himachal Pradesh. 3. Daman & Diu. Chandigarh. . Kerala. Hyderabad and National Academy of Customs. Haryana. creation of separate cells in state police headquarters. Copies of the Handbook have been circulated free-of-cost to the state and central government officials. Punjab. The Government has brought out A Handbook of Copyright Law to create awareness of copyright laws amongst the stakeholders. Gujarat. 2. Karnataka. 4. Orissa. Excise and Narcotics conducted several training programs on copyright laws for the police and customs officers. Pondicherry.e. Government of India has initiated several measures in the past for strengthening the enforcement of copyrights that include constitution of a Copyright Enforcement Advisory Council (CEAC).
Understanding the country’s IP Rights and following the best practices described in this paper can drastically reduce the risk of losing the company’s intellectual property. there has been more activity in the enforcement of copyright laws in the country. Over the last few years.As a consequence of the number of measures initiated by the government. Protection of Intellectual Properties is a very critical element in the offshore business model. the number of cases registered has gone up consistently. There have been many cases where companies have lost their position in the market due to the loss of intellectual property. . Commitment to protect the intellectual property of a company should be developed and nurtured at all levels of the organization.