by Vikram Pratap Singh Thakur

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Copyright (Amendment) Bill, 2010 Protection and Utilization of public funded Intellectual Property Bill, 2008 National Innovation Bill, 2008 Trademark (Amendment) Bill, 2009 The Traditional Knowledge (Protection and Management) Bill, 2010

© 2011 Brain League IP Services

© 2011 Brain League IP Services

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Major amendment to Indian Copyright Act, 1957 Introduced in the Rajya Sabha on April 19, 2010 objective 
Provide for additional provisions and update the

existing provisions to cater to the current requirements.

© 2011 Brain League IP Services

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Modifications with regard to cinematographic works and sound recording Exception list expanded 
Disability provision  Parallel import

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Digital Rights Management (DRM) Provisions Protection of technological measures

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Rights management information: 
   

title or other information identifying the work or performance, name of the author or performer, name and address of the owner of rights, terms and conditions regarding the use of the rights number or code that represents the above information

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Imprisonment and fine (plus civil remedy) 
Without authority, remove or alter rights management

information, or  Knowingly distribute, import, broadcast or communicate
Without authority With removed or altered rights management information
© 2011 Brain League IP Services

Anti-circumvention of technical measures adopted to protect copyrighted content ƒ Imprisonment and fine
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Circumvented with intention to infringe rights

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Exceptions 
encryption research - use lawfully obtained encrypted copy;  testing the security of a computer system or a computer

network with authorization;  circumvent technological measures intended for identification or surveillance of a user;  lawful investigation; and  taking measures necessary in the interest of national security

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Increased level of protection for copyrighted works 
Software  Cinematographic, musical, etc.

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Low priced editions of works can be imported

© 2011 Brain League IP Services

© 2011 Brain League IP Services

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Popularly known as the Indian Bayh-Dole 
provides incentives for creativity and innovation

and promote commercialization of inventions by providing certain benefits  promote collaboration between government, private enterprises and NGOs  increase awareness about IP issues in universities, academic and research institutes  encourage innovation and promote self-reliance.
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Vesting of IP rights IP management committee Sharing of royalty Preference to national industry

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Better collaboration between govt. and private sector Streamlining of universities Tech transfer and licensing

© 2011 Brain League IP Services

© 2011 Brain League IP Services

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Objective 
Facilitate public, private or public- private

partnership initiatives for building an Innovation support system to encourage Innovation  Evolve a National Integrated Science and Technology Plan  Codify and consolidate the law of confidentiality in aid of protecting Confidential Information, trade secrets and Innovation.
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Support innovation 
Special measures for supporting initiatives which

deal with low cost technologies  Incentives for angel investors  Other facilitation measures
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Public private partnerships 
IP Exchange (IP Market)

Confidential information
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Statutory protection for confidential information 
Easy to interpret  Trade secret vis-à-vis patent

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Easy to identify potential licensors and licensees (IP exchange) Innovation support provided

© 2011 Brain League IP Services

© 2011 Brain League IP Services

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10 August, 2010 passed by Rajya Sabha Incorporate the Protocol Relating to the Madrid Agreement concerning the International Registration of Marks. The Madrid Protocol will facilitate the filing of trademark applications across the world through a single application with the national office.
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Provisions on international registration of trade marks under the Madrid protocol.

© 2011 Brain League IP Services

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Simultaneous protection of trade marks in multiple jurisdictions Provides an easier and economical route Obtain faster protection

© 2011 Brain League IP Services

© 2011 Brain League IP Services

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Protection and conservation of TK Prevention of misuse of TK Benefit sharing

© 2011 Brain League IP Services

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Collaboration and sharing Process streamlined and easier

© 2011 Brain League IP Services

© 2011 Brain League IP Services

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US 
  

First to file Opposition Post grant review Best mode not a criteria for invalidation USPTO to set and access own fees

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INDIA-EU FTA 
Harmonization of IP laws  Major changes required by EU in Pharma sector
© 2011 Brain League IP Services

Brain League: www.brainleague.com SiNApSE blog: www.sinapseblog.com Intellecture: www.intellectureindia.com

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