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L-M llnd Year
Section 3 of the Act deals with agreements among enterprises or persons or association of persons, which causes or likely to cause appreciable adverse effect on competition. Such agreements are rendered void pursuant to this section. The Act deals with following kind of agreements.
Horizontal Agreements Vertical Agreements
Agreements between enterprises at the same stage of production, services, etc. and including Cartels. Examples : (i) directly or indirectly determines purchase or sale prices; (ii) limit or control production, supply, technical development etc. (iii) allocate areas or customers (iv) Directly or indirectly results in bid rigging or collusive bidding.
Above agreements are presumed to cause appreciable adverse
effect on competition in the markets.
burden of appreciable adverse effect on competition. (ii) Exclusive supply agreement. distribution.subject to Rule of Reason. (iii) Exclusive distribution agreement. . they are prohibited. Examples : (i) Tie-in arrangement. (iv) Refusal to deal. etc. Agreements between enterprises at different stages of production.. (v) Re-sale price maintenance.
(d) the Geographical Indications of Goods (Registration and Protection) Act. 2000 (16 of 2000 ). (f)the Semi. (e)the Designs Act. (c) the Trade and Merchandise Marks Act. (b) the Patents Act.Design Act. (5) Nothing contained in this section shall restrict-(i) the right of any person to restrain any infringement of. 1999 (47 of 1999 ). 1970 (39 of 1970 ). 1999 (48 of 1999 ). supply. . as may be necessary for protecting any of his rights which have been or may be conferred upon him under-(a) the Copyright Act. 2000 (37 of 2000 ). distribution or control of goods or provision of services for such export. 1957 (14 of 1957 ). (ii) the right of any person to export goods from India to the extent to which the agreement relates exclusively to the production.conductor Integrated Circuits Layout. 1958 (43 of 1958 ) or the Trade Marks Act. or to impose reasonable conditions.
Industrial design. . Hence it needs some different way for its protection. Trade secrete and copyright. Intellectual property include Patent. Intellectual property is the product or creation of the mind. Trade Mark. It is different from other properties in terms that it is “intangible”. Section-3 (5) provide exceptions to anticompetitive agreement in case of intellectual property.
. IPR is a body of law developed to protect the creative people who have disclosed their invention for the benefit of mankind. This protects their invention from being coped or imitated without their consent and to encourage and promote the inventive activity.
composer etc. publish and sell copies of his original work” (Oxford English Dictionary) . “The exclusive right given by law for a certain term of years to an author. (or his assignee) to print.
Fair Play: Reward creative efforts. Exclusive rights for limited time → Negative right: prevent copying/reproduction is necessary → to encourage dissemination of copyrighted works = public interest Copyright .
Depends on nature of work/owner of copyright and whether the work has been published Most works: 60 years Broadcast Reproduction: 25 years .
Original Literary. Dramatic. Musical and Artistic Works Cinematograph Films Sound Recordings Computer Software .
use .Injunction . Any reproduction. performance. An identical or substantial similar reproduction is also covered Infringement – Damages . etc. of the work without the permission of the copyright owner. distribution.
term of patent – 20 years The privilege given under the patent Act for making. A guarantee for a limited period of time i. and using the invention for which a patent has been granted.A patent is a grant from the government which confers on the guarantee for a limited period of time the exclusive privilege of making. selling and using the invention to ensure maximum profit of the inventive work to the inventor. selling.e. .
weight. .g. size. Trademark is a symbol that indicates who is responsible for the goods placed in the market Trademarks help to distinguish between the goods of competing traders Trademark helps a customer to buy goods of a certain quality e. color. taste. fragrance.
Registration of trade marks. which are imitation of well known trade marks. . not to be permitted. Amplification of factors to be considered for defining a well known mark. besides enlarging the grounds for refusal of registration. in addition to goods. To provide only a single register with simplified procedure for registration and with equal rights. To provide for registration of trade mark for services.
1. 5. 3. 4. Developments in trading and commercial practices Increasing globalization of trade and industry The need to encourage investment flows and transfer of technology Need for simplification & harmonization of trade mark management systems and To give effect to important judicial decisions . 2.
natural or manufactured goods originating from definite territory of India Darjeeling Tea. Geographical Indications Registry examines and publishes the application before registration Registration is valid for 10 years but can be renewed indefinitely .An indication of famous geographical area to identify agricultural. geographical indications have to be registered. In India. Kolhapuri chappal. Basmati Rice. Nagpur Orange etc.
Exclusive right to use the Geographical Indication on the goods Right to obtain relief for infringement of the Geographical Indication .
shape of a handle or body portion of a pressure cooker . .Any modifications in shape pattern. Design right is valid for 10 years from the date of its registration and it is extendable for another period of 5 years. configuration e.g.
separate or combined. “design” means only the features of shape. pattern. composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms. by any industrial process or means. which in the finished article appeal to and are judged solely by the eye. configuration. . ornament or. whether manual. mechanical or chemical.
The proprietor of the registered design has the exclusive right to apply the design to any article in the class in which the design is registered of protection extendable by 5 years. is ten years Period .
in which the elements. in its final form or an intermediate form. . and some or all of the interconnections are integrally formed in and/or on a piece of material and which is intended to perform an electronic function. at least one of which is an active element. An “integrated circuit” means a product.
however expressed. . or such a threedimensional disposition prepared for an integrated circuit intended for manufacture. of the elements. at least one of which is an active element. and of some or all of the interconnections of an integrated circuit.A “layout-design (topography)” is defined as the three-dimensional disposition.
. The obligation to protect layout-designs applies to such layout-designs that are original in the sense that they are the result of their creators' own intellectual effort and are not commonplace among creators of layout-designs and manufacturers of integrated circuits at the time of their creation.
. sale and other distribution for commercial purposes. The exclusive rights include the right of reproduction and the right of importation.
According to the Act. 2001 has been enacted to provide for the protection of semiconductor integrated circuits layoutdesigns and for matters connected therewith or incidental thereto. the term 'layout-design' means "a layout of transistors and other circuitry elements and includes lead wires connecting such elements and expressed in any manner in a semiconductor integrated circuit". .conductor Integrated Circuits LayoutDesign Act. The Semi. 2000 & Semiconductor Integrated Circuits Layout-Design Rules.
cannot be registered as a layout-design under the Act . or (ii) which has been commercially exploited anywhere in India or in a convention country.A Layout-design (i) which is not original. or (iii) which is not inherently distinctive. or (iv) which is not inherently capable of being distinguishable from any other registered layout-design.
wholly or partly. sells. A person who imports. infringement of a registered layout-design occurs when any person who is not the registered proprietor of the design reproduces the layout-design in an integrated circuit or otherwise. or distributes a registered layout-design or an integrated circuit incorporating such layoutdesign or any article incorporating such layout-design for commercial purposes also causes infringement of such layout-design .
Duration: A period of 10 years counted from the date of filing an application for registration or from the date of first commercial exploitation anywhere in India or in any convention country or country specified by Government of India whichever is earlier .
pressure vessels. supply. nuclear-grade graphite. or control of goods or provision of services for a particular goods or services. ExampleAtomic Energy Regulatory Board administrates the Nuclear License process.Section-3 the anti-competitive agreement does not apply in case of Export-Import License relates exclusively to the production. distribution. License can only be issued to a company exporting to a country with a pre-existing nuclear Agreement. . or other equipment or components. deuterium. License is necessary to export civil nuclear technology or products such as reactors.