Meaning of IPRs

Intellectual property refers to creations of the mind:

- inventions;
- literary and artistic works;
- and symbols, names and images used in commerce.
They allow creators, or owners, of patents, trademarks or
copyrighted works to benefit from their own work or investment
in a creation.
Intellectual property is divided into two categories:
Industrial Property
- patents for inventions
- trademarks
- industrial designs
- geographical indications
Copyright
- literary works (such as novels, poems and plays)
- films
- music
- artistic works
(e.g., drawings, paintings, photographs and sculptures)
- architectural design

Few Examples :
- 3 idiots movie and Chetan Bhagats 5-point someone book
(Copyright Controversy)
- A R Rahman and Gulzars Jai Ho song and Indian National
Congress election campaign
- Fererros Nutella and Organicares Nugtella (Trademark
Infringement )
- MDH and MHS spice selling companies (Trademark case)
- Apples 6 design and utility patents & Samsung (Patent
Infringement)
- Ericsson and Micromax (Patent Infringement case)
- Natco Pharma and Bayers case on Nexavar Drug (patent
infringement case)
- Comedy Nights with Kapil Guththi Character (Copyright of
Viacom 18)

Importance of IPRs :
There are several compelling reasons.
- First, the progress and well-being of humanity rest on its
capacity to create and invent new works in the areas of
technology and culture.
- Second, the legal protection of new creations encourages
the commitment of additional resources for further
innovation.
- Third, the promotion and protection of intellectual property
spurs economic growth, creates new jobs and
industries, and enhances the quality and enjoyment
of life.

Types of IPRs :
Patent & Indian Patent Act 1970
A patent is an exclusive right granted for an invention a
product or process that provides a new way of doing
something, or that offers a new technical solution to a problem.
A patent provides patent owners with protection for their
inventions. Protection is granted for a limited period, generally
20 years.
Why are patents necessary?
Patents provide incentives to individuals by recognizing their
creativity and offering the possibility of material reward for
their marketable inventions. These incentives encourage
innovation, which in turn enhances the quality of human life.
What kind of protection do patents offer?
Patent protection means an invention cannot be commercially
made, used, distributed or sold without the patent owners
consent. Patent rights are usually enforced in courts that, in
most systems, hold the authority to stop patent infringement.
Conversely, a court can also declare a patent invalid upon a
successful challenge by a third party.
What rights do patent owners have?

A patent owner has the right to decide who may or may not
use the patented invention for the period during which it is
protected. Patent owners may give permission to, or license,
other parties to use their inventions on mutually agreed terms.
Owners may also sell their invention rights to someone else,
who then becomes the new owner of the patent. Once a patent
expires, protection ends and the invention enters the public
domain. This is also known as becoming off patent, meaning
the owner no longer holds exclusive rights to the invention, and
it becomes available for commercial exploitation by others.
Patent Registration
How is a patent granted?
The first step in securing a patent is to file a patent application.
The application generally contains the title of the invention, as
well as an indication of its technical field. It must include the
background and a description of the invention, in clear
language and enough detail that an individual with an average
understanding of the field could use or reproduce the invention.
Such descriptions are usually accompanied by visual materials
drawings, plans or diagrams that describe the invention in
greater detail. The application also contains various claims,
that is, information to help determine the extent of protection
to be granted by the patent.
Patent Apply to:
- process of manufacture
- method
- machine

- computer software
- chemical
- medicine
- drug
Patent doesnt apply to :
- obvious inventions
- against public interest
- mere discovery
- admixtures
- rearrangement of things
- mental act/playing game
- atomic energy
Highlights

: (Refer the links mentioned in

the PPT )
1. Validity
The patents are valid for 20 years and after that they have to
be renewed by the patent owner.
2. Time for approval
Generally it takes around 3 to 4 years in India to get a
Patent Right/approval
3. E-filing of Patents
For e-filing of patent application, Digital Signature
Certificate is required and Electronic Fund Transfer facility of SBI
or Axis Bank
4. Basic Requirements
- full name of applicant/inventor
- address
- nationality

- drawings, specifications
The overall cost of obtaining a patent includes the fee that has
to be paid to the patent office (statutory fee) and the fee paid
to

the

patent

service

provider

(professional

fee).

The

professional fee varies based on the service provider you may

select.
Hence, the data below only discusses the statutory fee.
The statutory fee depends on who the applicant of the patent
is. The Indian Patent Office (IPO) has categorized the applicants
into 2 categories:
1. Natural person
2. Other than natural person
Any individual(s) applying for a patent is considered as a
natural person. On the other hand, all other entities that do not
fall under the first category, naturally fall under the second
category. For example, legal entities, such as, companies would
fall under the second category. It shall be noted that, a patent
application can have more than one applicant, and even if one
of the applicants do not fall under the first category, then the
patent application is considered to be filed by the second
category applicants.
The patent office collects 4 times the fee from the second
category applicants as compared to first category applicants.

Following is the list of the fee applicable to the first category

applicants. You may simple multiply this fee with 4 to determine
the fee applicable to second category applicants.
Sl.

Description

Fee (in

Comment

No

INR, 1$ =

~INR 45)

1 Application for grant of patent

2

1000

Mandatory

2500

Optional

Early publication fee

3 Request for examination of patent 2500

Mandatory

application
4
Extra pages

100/Shee Optional
t

5
Extra claims

200/Clai Optional
m

Sl. No. 1
A fee of INR 1000 has to be paid while submitting the patent
application in the IPO.
Sl. No. 2
A fee of INR 2500 has to be paid if you wish to have your patent
application published by the IPO early. If this request is not
made, then the IPO publishes your patent application after 18
months from priority date (date on which you first file a patent

application for your invention). There are several advantages of

having a patent application published early. Some of the
advantages are: early publication can help in expediting the
patent application examination process and the patent rights
start from the date of publication.
Sl. No. 3
A fee of INR 2500 has to be paid, requesting the IPO to examine
your patent application. This fee can be paid within 48 months
from the priority date. However, note that the patent office puts
your application in queue for examination only after receiving
this fee. Hence, if you want to expedite the patent process, it is
advisable to pay this fee at the earliest.
Sl. No. 4
The IPO accepts patent specification, which has up to 30 sheets
without charging any extra fee. However, if the specification
crosses 30 sheets, then a fee of INR 100/sheet for each extra
sheet has to be paid to the IPO.
Sl. No. 5
Further, the IPO accepts patent specification, which has up to
10 claims (no limitation on independent claims) without
charging any extra fee. However, if the specification has more
than 10 claims, then a fee of INR 200/Claim for each extra
claim has to be paid to the IPO.
In brief :

1. Patent Drafting
2. File an application (FORM I)
- Rs.1000 fee to be paid
3. Publication of request
- pay Rs.2500 for early process
- if not, then wait for 18 months from priority date
4. Request for examination
- pay Rs.2,500 as examination fee (within 48 months from
priority date)
- application in queue.
5. Acceptance of patent specification (FORM 2)
- 30 sheets w/o fee
- Rs.100/extra sheet
FORM 3 (if same application is filed abroad)
6. Acceptance of claims
- 10 claims w/o fee
- Rs.200/extra claim
7.Open for 3rd party opposition
- for 1 year from the date of advertisement

COPYRIGHT & The Copyright Act,1957

Copyright laws grant authors, artists and other creators
protection for their literary and artistic creations, generally
referred to as works. A closely associated field is related
rights or rights related to copyright that encompass rights
similar or identical to those of copyright, although sometimes
more limited and of shorter duration. The beneficiaries of
related rights are: performers (such as actors
and musicians) in their performances; producers of
phonograms (for example, compact discs) in their sound
recordings; and broadcasting organizations in their radio and
television programs.

Works covered by copyright include, but are not limited to:

novels, poems, plays, reference works, newspapers,
advertisements, computer programs, databases, films, musical
compositions, choreography, paintings, drawings, photographs,
sculpture, architecture, maps and technical drawings.
Who can file ?
Rights owner/assignee/legal heir
Benefits : Copyright Registration
Evidence of ownership
Infringement action
Owner entitled to remedies (injunctions, damages)
Procedure : Copyright Registration
1. Application (Form IV)
http://www.indianpatents.org.in/info/form4.pdf
Receipt of filing no.(dairy no.), filing date, filing receipt
- waiting period of 30 days for the claim (so that no
objection is filed)
- if objection is filed, another waiting period of 1 month
is there
Examination
- response to the objection/examination is filed within 30
days
Registration
Certificate

NOTE : For explanation, study this link

http://www.ssrana.in/Intellectual
%20Property/Copyright/Copyright_Procedure.aspx
Details/ Documents required :
http://www.ssrana.in/Intellectual
%20Property/Copyright/Copyright_Registration.aspx
- 4 copies of artistic work
- full name, fathers name, business name, address,
nationality, nature of business of applicant/author of work
- class and description of work
- title of the work
- language of the work
- declaration signed by the author in applicants favor
- work published/unpublished
- If published, year and country of 1st publication
- name , address and nationality of publisher
- year and country of subsequent publications
- Power of Attorney on Indian stamp paper (Rs.100)
Fees for Copyrights from an INDIAN applicant
Sr.No
01.
02.
04.
06.
07.
08.
09.
10.
11.

Particulars
Consultation charges per hour or part thereof
Each application for Copyright in INDIA
Amendment to application
Preparing evidence
Filing notice of opposition
Responding to a notice of opposition
Obtaining certified copies
Attending to serious objections at hearing
Fixed one time ATTORNEY fee for filing and
prosecution of application till registration
(NO ADDITIONAL FEEs)*
* Does not include Official Fees

Rupees
2000
6000
2000
8000
6000
8000
2500
10000
21000

The above fee would be applicable for an application which does not face a

third party opposition. Opposition proceedings are uncertain in degree and

complexity, so a fee for these can not be predicted.

Trademark & Trademark Act,1999

A trademark is a distinctive sign that identifies certain goods or
services produced or provided by an individual or a company.
Its origin dates back to ancient times when craftsmen
reproduced their signatures, or marks, on their artistic works
or products of a functional or practical nature.
Over the years, these marks have evolved into todays system
of trademark registration and protection. The system helps
consumers to identify and purchase a product or service based
on whether its specific
characteristics and quality as indicated by its unique
trademark meet their needs.
What do trademarks do?
Trademark protection ensures that the owners of marks have
the exclusive right to use them to identify goods or services, or
to authorize others to use them in return for payment. The
period of protection varies, but a trademark can be renewed
indefinitely upon payment of the corresponding fees.
Trademark protection is legally enforced by courts that, in most
systems, have the authority to stop trademark infringement. In
a larger sense, trademarks promote initiative and enterprise
worldwide by rewarding their
owners with recognition and financial profit. Trademark
protection also hinders the efforts of unfair competitors, such
as counterfeiters, to use similar distinctive signs to market
inferior or different products or services. The system enables

people with skill and enterprise to produce and market goods

and services in the fairest possible conditions, thereby
facilitating international trade.
Who may apply ?
Proprietor (in use or proposal to be used)
HUF
Company
Trust
Partnership firm
Society
Association
Regd./ unregd.
Government
Trademarks are given for.......
Invented word/dictionary word
Names
Letters
Numerals
Symbols
Combination of colors
Shapes of goods
Packaging
Marks with 3-dimensional design
WHO CAN MAKE AN APPLICATION FOR REGISTRATION OF
A TRADE MARK ?
- Any person who claims to be the proprietor of a trademark
used or proposed to be used by him can apply for the
registration of the mark for goods as well services.

- The application for registration has to be made in writing to

the Registrar of Trade Marks and it has to be filed in the
office of the Trade Mark Registry under whose jurisdiction
the principal place of the business of the applicant in India
falls. In case the principal place of business is outside India,
then the application can be filed in the office of the Trade
Mark Registry, under whose jurisdiction the place that has
been mentioned in the address for service section of the
application (usually office of the lawyer appointed by the
person) is located.
- In case of a company about to be formed, anyone may apply
for a trademark registration in his name for subsequent
assignment of the registration in the company's favour.
DURATION OF TRADE MARK PROTECTION AVAILABLE IN
INDIA
- Term of registration of a trademark is ten years, which may
be renewed for a further period of ten years on payment of
prescribed renewal fees.
- However, non-usage of a registered trademark for a
continuous period of five years is a valid ground for
cancellation of registration of such trademark at the behest
of any aggrieved party
THE PROCEDURAL FORMS FOR MAJOR TRADEMARK
TRANSACTIONS
The First Schedule to the Trademark Rules, 2002 prescribes the
different procedural forms and necessary amounts of fees
required for all trademark-related transactions, of which some
examples have been given below:

- For filing new applications- There are prescribed forms

depending on the nature of application such as Form TM-1,
TM-2, TM-3, TM-8, TM-51 etc.
- To file a Notice of Opposition to oppose an application
-

published in the Trade Marks Journal- (FormTM-5).

For Renewal of a Regd. Trademark-(Form TM-12).
Surcharge for belated renewal - (Form -10)
Restoration of removed mark - (Form TM-13)
Application for rectification of a registered trade mark -

(Form TM-26)
- Legal Certificate - (Form TM-46)
- Official search request for trademark - (Form TM-54)
- Preliminary advice of the Registrar as to the registrability of
a mark - (Form TM-55).
- Copyright search request and issuance of certificate - (Form
TM-60)
DIFFERENT STEPS FOR REGISTRATION OF A TRADEMARK
http://ipleaders.in/content/pdf/TRADEMARK%20REGISTRATION%20IN%20INDIA%20PROCEDURE%20AND%20FEES.pdf

1. The first step is conducting a trademark search so as to

ensure that the logo or name in respect of which you
intend to register a trademark is not identical to an
existing logo or name. A comprehensive search can be
conducted through the Trademarks Registry, although
there are
other sources (available free or on a commercial basis,
such as Trademark Registration Services) which can also
help you in getting started.
2. Note that a trademark can be revoked even after it is
granted, if somebody successfully challenges it on the

ground that it is confusingly similar to an already

registered trademark.
Hence, it is advisable to hire a trademark attorney with
some experience for conducting the search, in order to
ensure that your business logo or name is not confusingly
similar to an already registered trademark. This will
minimize chances of your trademark being revoked
subsequently,
after it has been granted.
3. Next, the trademark application in the prescribed
format under the Trademarks Rules needs to be made to
the Trademark Registry.
4. The application must be made in respect of one or more
of the various categories of goods and services as
classified under Schedule IV of the Trade Marks Rules,
2002. If the application is in respect of one class, the fee is
INR 3500. It is also possible to make an application for
your product under more than one class heads. However,
if the application is in multiple classes, it is more
expensive, the fee being INR 3500 multiplied by the
number of Classes. Hence, one must identify the
category/categories under which you want to apply.
5. The application must be in the prescribed format. For
example, the simplest kind of application would be an
application to register a trade
mark for a specification of goods or services included in
any one class, which is required to be made in Form TM-1.
In case the goods or services fall within different classes, a

single application can be made, but it must be as specified

in Form TM-51.
6. The application must be filed by the applicant or his
agent. The agent must be a legal practitioner or a person
registered as a trademarks agent.
7. An applicant may apply for an expedited examination
procedure for the scrutiny of his trademark application,
stating reasons as to why such procedure is necessary.
Expedited scrutiny is not a right, but depends upon the
satisfaction of the Registrar. Further, it is more expensive,
requiring payment of five times the normal application fee
is to be paid
for this purpose. The fee is refunded if the expedited
scrutiny is refused by the Registrar.
8. After the application has been filed, the Trademarks
Registry shall search whether an
identical mark or a mark which is deceptively similar to
the mark applied for, already exists, in respect of the
same goods and services or similar goods and services.
9. The trademark application shall be published in the
Trade Marks Journal within six months of its acceptance of
by the Registrar