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IN HOUSE COUNSEL’S
2. PERSPECTIVE OF IP MR. UMESH OLEKAR
MANAGEMENT.
TRADEMARK
3. REGISTRATION PROCESS MS. MEERA
Done by :
Firstly Vinita mam went on a discussion about how patents are useful and what are the main
basic concepts of patens.
Patent regime is viewed in two perspectives firstly through technical aspect of law and legal
aspect of technology.
A patent is a protection given to the inventions. There are certain differences between the
exclusivity and monopoly. The exclusitivity patent is where it can be benefited by everyone by
exclusive right of making using and selling it .whereas monopoly is dealt with only a single
person getting benefitted. Basically patent is necessary to exclusively identify the inventors and
to promote more of their inventions.
The patent law came into existence during popular stain art stage whereby the stain arts are to be
embedded in church and any ritual sites for attraction. This stain art was an inherent form of art
that came from republic of Venice. Where the artisans were so selfish about their work not to be
copied so they went on for creating new designs and implemented it this was protected under
designs act and thie designs were also protected .
The patent rationale was social, economic, utilitarian and tragedy of commons. Social is where
inventors are recognized, economic is where invention you made is the more you sell. Tragedy
of commons is where any common property can be taken and if public gets benefited from it.
1. Exclusive rights.
2. Negative rights.
3. Jurisdictional.
The exclusive rights as already said it is where there is a right to sell , buy and make use of it in
any forms. Negative rights is imposed to patent as they get the most important aspect of
everything that it does not enable its owner to do anything that he or she wants. It is a negative
right for government since they can pull the plug from public. Jurisdictional is deciding whether
where patent law must be applied and it is also for a limited period of time. And the discussion
went on about public disclosure where all information must be given to public. then we were
given three exercises to understand about patent law that are changing globally.
The first exercise were about how in the past people interacted and how the laws were made
Exercise1. It was a mean full law for the people, where the people of Indus valley civilization
were gathered together to make certain laws for the people
Group 3: was made up of doctors, farmers, social workers, public interest groups,etc.
Group 1.
Group 2.
economic benefits.
Increase scope of what is protected
No time limit
Remedies.
Group 3
Public disclosure
Working
Anti monopoly
Use positively
Humanitarian considerations.
Referred : Monsanto’s case where Monsanto were aiming for patenting on genetically modified
crops and plants.
Group 4:
Price ceiling
Availability
Time limit
Biotechnology
Nanotechnology
Space technology
Other issue
Return on investment – deterrent to patent regime, spend so much money on investment but
return is less.
Innovative collaborations
Pools
Licensing models
Open innovations
Functional
Value credit impact.
Hybrid market value
Less reliance on patents.
Patents ( tools ) .
Exercise 3.
This exercise dealt with the inbuilt distilled water bottle where the inventions of the distilled
water bottle were same and companies claimed infringement on the invention. The discussion
went on about how to save it and the other way round.
IN- HOUSE COUNSELS PERSPECTIVE OF IP MANAGEMENT.
MR.UMESH OLEKAR.
In this lecture there were full discussion about how the pharmaceuticals industry claiming patent
for their new products. The discussion went on about patent technology in the process of laser
treatment. Where how the laser treatment is done and what are the special kind of ways to do it.
Mostly the discussion was all about how life science contributes to the intellectual property right.
The main discussion was about drafting a license and he asked to add a very important clause of
reverse engineering.
Intellectual management does supply agreement and distribution agreement with case laws.
And then the discussion was about clinical trials where subject and drafting are done.
At first in general what is a Trademark and its function has been explained. The 3 fold
functions of trademark are
1. Identification of product and its use.
2. Indication about the unchanged quality of goods.
3. Advertisement of the product.
TRADEMARK
TRADITIONAL NON-TRADITIONAL
Some of the traditional marks are, Some of the Non-Traditional marks are,
In that topic, we are supposed to ask questions at first before filing for the registration of a
trademark
Section – 9(1) : devoid of distinctiveness, surnames, quality, kind of the products exclusively of
marks or which became customary in the language currently.
Section- 9(2) : mark which causes confusion, causes hurt to any class of people, scandalous/
obscene matter or which is prohibited under the copyrights act.
In that section- 11(1), 11(2), 11(3), 11(6) to 11(10) sections are explained briefly.
And then in the Nice classification, class headings have been gone through by us randomly.
Later the duration and renewal ad removal and restoration of registration has been
explained shortly. And finally with some case studies she completed her lecture.
Mr. Akshat Pande
IP Valuation & Audit
At first he gave a short introduction about some topics which is,
Industrial property & copyrights
Intellectual property which is Trademark, Copyrights and Patent
The Neo IP which is designs, Geographical Indications, plant varieties
Biological Diversity
Further he also discussed about the difference between the Intangible assets and
Intellectual property.
Later he discussed about the Benefits of Registration.
Cost
Income
Market
Option
The 4th level has only one thing-Deliverable.