UNIT V CONSUMER PROTECTION ACT AND INTRODUCTION OF CYBER LAWS

CONSUMER PROTECTION ACT 1986 INTRODUCTION: India is a vast country where the majority of consumers are poor, helpless and disorganized. Further the market in India is generally a seller market and it is very easy to dupe the innocent consumer. So, he needs support and protection from unscrupulous seller. A common consumer is not in a position to approach civil court. Quick, cheap and speedy justice to his complaints is required. The biggest help in his direction come from the government. The general government enacted a law in the year 1986 for the protection of consumer (COPRA).

OBJECT: The COPRA is a no doubt, a revolutionary a piece of legislation which can grow into an important tool for development. The act seeks to provide for better protection of the interest of consumer. For this purpose it makes provision for the establishment of consumer councils and other authorities for the settlement of consumer dispute. OBJECTIVES:
i. ii. iii.

To provide on inexpensive, simpler and quicker access to redressal of consumer grievances. To provide machinery against defective goods or deficient service with consumer forums. To protect large number of consumers from exploitation

Unfair Trade Practices

Restrictive trade practices-

Manipulation of price.

 Consumer dispute means a dispute where the person, against whom a complaint has

been made, denies or disputes the allegations contained in the complaints. (e.g.,) Claims for insurance is repudiate. CONSUMER PROTECTION COUNCILS CPC is established at center, state of district level. Council works towards the promotion and projection of the rights of the consumers. These councils are advisory bodies (sec 4 to 8) deals with CPC.
1) ESTABLISHMENT OF CENTRAL CONSUMER PROTECTION COUNCIL:

SEC (4) It is established by the central government. It shall consist of the minister in charge of consumer attains in the central government who shall be its chairman.
It shall consist of 150 members and the term of the council shall be 4yrs.

The object of the council is to promote and protect rights of consumers. Meeting of the council shall be conducted once in a year by the chairman.

Objectives of central council sec(6) or Rights of consumer i. ii. iii. iv. v. vi. The right to be produced against hazardous goods. The right to be informed about the quality, qualitys standard price and price of goods. The right to be choose. The right to hear and to be assured that consumers interest will receive due consideration at appropriate forums. The right to seek redressed against unfair trade practices & unscrupulous exploitation of consumers. The right to consumer education to have access to c.edu.

2) STATE CONSUMER PROTECTION COUNCIL sec(7 & 8) i. ii. iii. Established by state government. It shall consist of minister in charge of consumer affairs in the state government shall be the chairman of state council. Object is to promote and protect within the state. Sec(8) states the objects of the state council of the state councils mentioned in sec(6).

CONSUMER (PROTECTION) DISPUTE REHERSSAL AGENCIES FORUM ENTERTAIN THE CASES ARE

Goods have defect, service deficiency, unfair and restrictions. Goods hazardous. Price higher than

3-Tier remedial machinery for speedy redressed for consumer dispute. DISTRICT FORUM By state government at each district President and 2 members appointed by the state government. President is qualified to be a district judge. Forums shall have the powers at a court, but follows simpler and quicker procedures. Up to 20lakhs

STATE COMISSION Established by state government President and 2 members Qualified legal person, a judge at high court 20lakhs to 1crore

NATIONAL COMISSION

Top most layer out of 3 agents Established by central government President is judge at supreme court 4 eminent person is required More than 1crores Except Jammu and Kashmir it is applicable

PROCEDURE TO BE FOLLOWED BY NATIONAL COMISSION IN CONSUMER DISPUTE REDRESSED

Rule14 of CP act laid following rules., 1) A complaint containing the following particulars shall be presented by the complaint in person or by his agent to national commission. Name description and address of complaint. Name description and address of opposition party. Fact relating to complaint and when & where it happened Documents in support of the allegations contained in the complaint. specified

2) Every complaint filled with national complaint shall be accompanied by relevant fees in rule 9A.

3) Disposal of any complaint in front of national commission as per sec 13 in relation to complaint received by the District forum. 4) On the date of hearing, it is obligatory on the parties or agents to appear before the national commission. 5) Complaint shall be decided in specified time. 6) Under sec 14 national commission issue an appropriate order, under sec 23 it published in official gazette or through any media.

What is Cybercrime? Online activities are just as vulnerable to crime and can compromise personal safety just as effectively as common everyday crimes. Lawmakers, law enforcement, and individuals need to know how to protect themselves and the persons for which they are responsible. You can see by the explanations of various cybercrimes below that the crimes have existed long before computers and the internet were made available to the general public. The only difference involves the tools used to commit the crime. Types of Cybercrime: 1.Assault by Threat threatening a person with fear for their lives or the lives of their families or persons whose safety they are responsible for (such as employees or communities) through the use of a computer network such as email, videos, or phones.

2.Cyber Contraband transferring illegal items through the internet (such as encryption technology) that is banned in some locations. 3.Cyberlaundering electronic transfer of illegally-obtained monies with the goal of hiding its source and possibly its destination. 4.Cyberstalking express or implied physical threats that creates fear through the use of computer technology such as email, phones, text messages, webcams, websites or videos. 5.Cyberterrorism premeditated, usually politically-motivated violence committed against civilians through the use of, or with the help of, computer techology. 6.HackingHacking in simple terms means an illegal intrusion into a computer system and/or network. There is an equivalent term to hacking i.e. cracking, but from Indian Laws perspective there is no difference between the term hacking and cracking. Every act committed towards breaking into a computer and/or network is hacking. Hackers write or use ready-made computer programs to attack the target computer. They possess the desire to destruct and they get the kick out of such destruction. Some hackers hack for personal monetary gains, such as to stealing the credit card information, transferring money from various bank accounts to their own account followed by withdrawal of money. They extort money from some corporate giant threatening him to publish the stolen information which is critical in nature. 7.Child Pornography: The Internet is being highly used by its abusers to reach and abuse children sexually, worldwide. The internet is very fast becoming a household commodity in India . Its explosion has made the children a viable victim to the cyber crime. As more homes have access to internet, more children would be using the internet and more are the chances of falling victim to the aggression of pedophiles.

8.Cyber Stalking Cyber Stalking can be defined as the repeated acts harassment or threatening behavior of the cyber criminal towards the victim by using internet services. Stalking in General terms can be referred to as the repeated acts of harassment targeting the victim such as following the victim, making harassing phone calls, killing the victims pet, vandalizing victims property, leaving written messages or objects. Stalking may be followed by serious violent acts such as physical harm to the victim and the same has to be treated and viewed seriously. It all depends on the course of conduct of the stalker. 9.Denial of service Attack This is an act by the criminal, who floods the bandwidth of the victims network or fills his e-mail box with spam mail depriving him of the services he is entitled to access or provide 10.Virus Dissemination Malicious software that attaches itself to other software. (virus, worms, Trojan Horse, Time bomb, Logic Bomb, Rabbit and Bacterium are the malicious 11. Software Piracy

Theft of software through the illegal copying of genuine programs or the counterfeiting and distribution of products intended to pass for the original. 12.IRC Crime Internet Relay Chat (IRC) servers have chat rooms in which people from anywhere the world can come together and chat with each other. 13. Credit Card Fraud The unauthorized and illegal use of a credit card to purchase property. 14.Net Extortion Copying the companys confidential data in order to extort said company for huge amount 15. Phishing The act of sending an e-mail to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. The e-mail directs the user to visit a Web site where they are asked to update personal information, such as passwords and credit card, social security, and bank account numbers, that the legitimate organization already has. 16.Cybertheft using a computer to steal. This includes activities related to: breaking and entering, DNS cache poisoning, embezzlement and unlawful appropriation, espionage, identity theft, fraud, malicious hacking, plagiarism, and piracy. Examples include:
1. Advertising or soliciting prostitution through the internet. It is against the

law to access prostitution through the internet (including in the state of Nevada in the United States) because the process of accessing the internet crosses state and sometimes national borders. This is a violation of the federal Digital Millennium Copyright Act . 2. Drug Sales. Both illegal and prescription drug sales through the internet are illegal except as a customer through a state licensed pharmacy based in the United States 3. Computer-based fraud. Fraud is different from theft because the victim voluntarily and knowingly gives the money or property to the criminal but would not have if the criminal did not misrepresent themselves or their offering. Fraud is a lie. If someone leads you on or allows you to believe something that is false to benefit them, they are lying and this is fraud. You become a victim when you voluntarily surrender monies or property based on their misrepresentation or lie. Losing money from computer crime can be especially devastating because often it is very difficult to get the money back. Examples are: scams and altering data to get a benefit, suchas removing arrest records from the police station server, changing grades on the school computer system or deleting speeding tickets from driving records. 4. Online Gambling. Gambling over the internet is a violation of American law because the gambling service providers require electronic payment for gambling through the use of credit cards, debit cards, electronic fund transfers which is illegal with the Unlawful Internet Gambling Enforcement Act Information technology

Information technology generally applied to broad area of activities technologies associated with the use of computers and communication. Cyber laws.

and

It encompasses all the cases, statutes and constitutional provisions that affect the persons and institutions who control the entry to cyber space, provide access to cyberspace, create the hardware and software which enable the people to access cyberspace or use their own devices to go online and enter cyberspace Objectives of IT Act 2000. (i) (ii) (iii) (iv) (v) (vi) To give boost to electronic commerce, associated with commerce and trade To facilitate the e-governance by means of reliable electronic records. To make the citizens interaction with the government offices hassle free To provide the use and acceptance of electronic records and digital signature in the government offices To prevent the possible misuse arising out of the transaction and other dealings To provide for a regulatory regime to supervise the certifying authorities issuing DSC.

Electronic governance The term electronic governance refers to the application of information technology to the process of government functioning in order to bring about simple, moral, accountable, responsive and transparent governance. e- commerce The term e-commerce refers to the business transacted electrically. It refers to trading of goods over the Internet. It is on- line sale and purchase of goods and services for value by using Internet technologies such as Internet processing, e-mail and world wide web (www)

Digital signature The expression digital signature has been defined in section 2(1) (p) of the act to mean authentication of any electronic record by a subscriber,. i.e. a person in whose name the digital signature is issued by means of electronic method or procedure in accordance with the provisions of sec.3 Electronic record It means data, record or data generated, image or sound stored, received or sent in a electronic form or microfilm or computer generated microfiche. Electronic form

Electronic form means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device. DSC It is an electronic file that is used to identify people and resources over the Internet. The purpose of DSC is to authenticate the identity of an individual. It ensures that the purported sender is infant the person who sent the message. The certifying authority signs it digitally. Provisions of electronic governance under IT Act Legal recognition of electronic records Legal recognition of digital signature Use of electronic records and digital signature in government and its agencies (iv) Retention of electronic records (v) Publication of rules, regulation (vi) Nor right to insist that the document should be accepted in electronic forum (vii) Central government empowerment to make rules. Cyber appellate tribunal and its powers under the IT act 2000? The central government shall by notification establish one or more appellate tribunal to be known as cyber regulation appellate tribunal. Powers: Summoning and enforcing the attendance of any person and examining him on oath (ii) Requiring the discovery and production of documents or other electronic records (iii) Receiving evidence on affidavits (iv) Issuing commissions for the examination of witness or documents (v) Receiving its decisions and (vi) Dismissing an application for default or deciding it ex parte. Offences under IT Act 2000 (viii) (ix) (x) (xi) (xii) (xiii) (xiv) (xv) Tempering with computer source documents Hacking with the computer system Publishing information which is obscene in electronic form Failure to comply with the directions of the controller Securing access to a protected system notified by the government Publishing improper DSC Publishing DSC for any fraudulent purpose Misrepresentation or suppression of any material fact from the controller or certifying authority for obtaining any license or DSC. INTELLECTIUAL PROPERTY RIGHT INTELLECTUAL PROPERTY Background (i) (i) (ii) (iii)

The term Intellectual Property (IP) reflects the idea that its subject matter is the product of the mind or the intellect. Trademarks; Geographical These could be in the form of Patents; Industrial Designs; Layout-Designs Indications;

(Topographies) of Integrated Circuits; Plant Variety Protection and Copyright.

IP, protected through law, like any other form of property can be a matter of trade, that is, it can be owned, bequeathed, sold or bought. The major features that distinguish it from other forms are their intangibility and non-exhaustion by consumption.

IP is the foundation of knowledge-based economy. It pervades all sectors of economy and is increasingly becoming important for ensuring competitiveness of the enterprises.

We live in a knowledge economy, where ideas generated by talented people and the inventions they make are the new currency. Research and innovation are now seen as the key differentiating factors determining the market value of a product or service. The emphasis today has graduated from cost arbitrage and quality deliverables to IP creation and R&D. Intellectual property rights are legal rights, which result from intellectual activity in the industrial, scientific, literary and artistic fields. These rights give statutory expression to the moral and economic rights of creators in their creations. Intellectual property rights safeguard creators and other producers of intellectual goods and services by granting them certain time-limited rights to control the use made of those productions. These rights also promote creativity and the dissemination and application of its results and encourage fairtrading, which contributes to economic and social development. International Organisations & Treaties A UN agency, namely, World Intellectual Property Organization (WIPO) based in Geneva administers treaties in the field of intellectual property. India is a member of WIPO. Department of Industrial Policy & Promotion is the nodal Department in the Government of India for all matters concerning WIPO. India is also a member of the World Trade Organization (WTO). Trade Related Aspects of Intellectual Property (TRIPS). The WTO

agreement, inter-alia, contains an agreement on IP, namely, the Agreement on This Agreement made protection of intellectual property an enforceable obligation of the Member States. TRIPS Agreement sets out minimum standards of intellectual property protection for Member States.

Department of Industrial Policy and Promotion (DIPP) and Intellectual Property Rights (IPRs) DIPP is concerned with legislations relating to Patents, Trade Marks, Designs and Geographical Indications. These are administered through the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), subordinate office, with headquarters at Mumbai, as under: a) The Patents Act, 1970 (amended in 1999, 2002 and 2005) through the Patent Offices at Kolkata

(HQ), Mumbai, Chennai and Delhi. b) The Designs Act, 2000 through the Patent Offices at Kolkata (HQ), Mumbai, Chennai and Delhi. c) The Trade Marks Act, 1999 through the Trade Marks Registry at Mumbai (HQ) Chennai, Delhi, Kolkata and Ahmedabad. d) The Geographical Indications of Goods (Registration & Protection) Act, 1999 through the Geographical Indications Registry at Chennai. The Controller General of Patents, Designs and Trade Marks (CGPDTM) is also in-charge of the Office of the Patent Information System, Nagpur and the Intellectual Property Training Institute, Nagpur. The office has 446 personnel in the patents and designs Offices and 291 personnel in trademarks and geographical indication Offices. Necessary safeguards have been built into the IP laws, in particular in the Patents law, for protection of public interest including public health. Along with the legislation, rules have also been amended to install a user-friendly system for processing of IP applications. All rules and forms are available on the website: http://www.ipindia.nic.in

Intellectual Property Appellate Board (IPAB) An Intellectual Property Appellate Board (IPAB) has been set up at Chennai to hear appeals against the decisions of Registrar of Trademarks, Geographical Indications and the Controller of Patents.

Modernisation of IP administration To complement the legislative initiatives, modernisation of IP infrastructure has also been undertaken and new integrated offices have been established in Delhi, Kolkata, Chennai and Mumbai. A programme costing Rs.153 crore has been implemented in the

10th Five Year Plan. The programme focused on: Infrastructure development; computerisation; human resource development; training and awareness. Enforcement of Intellectual Property Civil and criminal provisions exist in various laws for dealing with counterfeiting and piracy.

Copy writes Act

1.Short title, extent and commencement:-(1) This Act may be called the Copyright Act, 1957. (2) It extends to the whole of India. (3) It shall come into force on such date{ 21st January,1958, vide Notification No.269 dated 21-1-58 Gazette of India, Extraordinary Part II Section 3 page 167} as the Central Government may, by notification in the Official Gazette, appoint. 2.Interpretation:- In this Act, unless the context otherwise requires,(a) "adapatation" means,( i ) in relation to a dramatic work, the conversion of the work into a non-dramatic work; ( ii ) in relation to a literary work or an artistic work, the conversion of the work into a dramatic work by way of performance in public or otherwise; ( iii ) in relation to a literary or dramatic work, any abridgement of the work or any version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar per` iodical; and ( iv ) in relation to a musical work, any arrangement or transcription of the work; (b) "architectural work of art" means any building or structure having an artistic character or design, or any model for such building or structure; (c) "artistic work" means--( i ) a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality; (ii) an architectural work of art; and ( iii ) any other work of artistic craftsmanship; (d) "author" means,( i ) in relation to literary or dramatic work, the author of the work; ( ii ) in relation to a musical work, the composer;

( iii ) in relation to an artistic work other than a photograph, the artist; ( iv ) in relation to a photograph, the person taking the photograph; ( v ) in relation to a cinematograph film, the owner of the film at the time of its completion; and ( vi ) in relation to a record, the owner of the original plate from which the record is made, at the time of the making of the plate; (e) "calendar year" means the year commencing on the 1st day of January; (f) "cinematograph film" includes the sound track, if any, and "cinematograph" shall be construed as including any work produced by any mechanical instrument or by radiodiffusion; (g) "delivery", in relation to a lecture, includes delivery by means of any mechanical instrument or by radio-diffusion; (h) "dramatic work" includes any piece for recitation, choregraphic work or entertainment in dumb show, the scenic arrangement or acting form of which is fixed in writing or other wise but does not include a cinematograph film; ( i ) "engravings" include etchings, lithographs, wood-cuts, prints and other similar works, not being photographs; ( j ) "exclusive licence" means a licence which confers on the licensee or on the licenses and persons authorised by him, to the exclusion of all other persons (including the owner of the copy right), any right comprised in the copyright in a work, and "exclusive licensee" shall be construed accordingly; (k) "Government work" means a work which is made or published by or under the direction or control of--( i ) the government or any department of the Government; ( ii ) any Legislature in India; ( iii ) any court, tribunal or other judicial authority in India; ( l ) "Indian work" means a literary, dramatic or musical work, the author of which is a citizen of India; ( m ) "infringing copy" means, --( i ) in relation to a literary, dramatic, musical or artistic work, a reproduction thereof otherwise than in the form of a cinematograph film; ( ii ) in relation to a cinematograph film, a copy of the film or a record embodying the recording in any part of the sound track associated with the film; ( iii ) in relation to a record, any such record embodying the same recording; and ( iv ) in relation to a programme in which a broadcast reproduction right subsists under section 37, a record recording the programme,

if such reproduction, copy or record is made or imported in contravention of the provisions of this Act; ( n ) "lecture" includes address, speech and sermon; ( o ) "literary work" includes tables and compilations; ( p ) "musical work" means any combination of melody and harmony or either of them, printed, reduced to writing or otherwise graphically produced or reproduced; ( q ) "performance" includes any mode of visual or acoustic presentation, including any such presentation by the exhibition of a cinematograph film, or by means of radiodiffusion, or by the use of a record, or by any other means and , in relation to a lecture, includes the delivery of such lecture; ( r ) "performing rights society" means a society, association or other body, whether incorporated or not, which carries on business in India of issuing or granting licences for the performance in India of any works in which copyright subsists; ( s ) "photograph" includes photo-lithograph and any work produced by any process analogous to photography but does not include any part of a cinematograph film; ( t ) "plate" includes any stereotype or other plate, stone, block, mould, matrix, transfer, negative or other device used or intended to be used for printing or reproducing copies of any work, and any matrix or other appliance by which records for the acoustic presentation of the work are or are intended to be made; ( u ) "prescribed" means prescribed by rules made under this Act; ( v ) "radio-diffusion" includes communication to the public by any means of wireless diffusion whether in the form of sounds or visual images or both; (w) "record" means any disc, tape, perforated roll or other device in which sounds are embodied so as to be capable of being reproduced there from, other than a sound track associated with a cinematograph film; (x) "recording" means the aggregate of the sounds embodied in and capable of being reproduced by means of a record; (y) "work" means any of the following works, namely:(i) a literary, dramatic, musical or artistic work; (ii) a cinematograph film; (iii) a record; (z) " work of joint authorship" means a work produced by the collaboration of two or more authors in which the contribution of one authors in which the contribution of one author is not distinct from the contribution of the other author or authors; (za) "work of sculpture" includes casts and models. 3.Meaning of publication:- For the purposes of this Act, "publication" means,-----

(a) in the case of a literary, dramatic, musical or artistic work, the issue of copies of the work to the public in sufficient quantities; (b) in the case of a cinematograph film, the sale or hire or offer for sale or hire of the film or copies thereof to the public; (c) in the case of a record, the issue of records to the public in sufficient quantities; but does not, except as otherwise expressly provided in this Act, includes,-----(i) in the case of a literary, dramatic or musical work, the issue of any recording such work; (ii) in the case of a work of sculpture or an architectural work of art, the issue of photographs and engravings of such work. 4.when work not deemed to be published or performed in public:-Except in relation to infringement of copyright, a work shall not be deemed to be published or performed in public, if published, or performed in public, without the licence of the owner of the copyright. 5.when work deemed to be first published in India:- For the purposes of this Act, a work published in India shall be deemed to be first published in India, notwithstanding that it has been published simultaneously in some other country, unless such other country provides a shorter term of copyright for such work; and a work shall be deemed to be published simultaneously in India and in another country if the time between the publication in India and the publication in such other country does not exceed thirty days or such other period as the Central Government may, in relation to any specified country, determine. 6.Certain disputes to be decided by Copyright Board:- If any question arises,(a) Whether for the purposes of section 3, copies of any literary, dramatic, musical or artistic work, or records are issued to the public in sufficient quantities; or (b) Whether for the purposes of section 5, the term of copyright for any work is shorter in any other country than that provided in respect of that work under this Act; it shall be referred to the Copyright Board constituted under section 11 whose decision thereon shall be final. 7.Nationality of author where the making of unpublished work is extended over considerable period:- Where, in the case of an unpublished work, the making of the work is extended over a considerable period, the author of the work shall, for the purposes of this Act, be deemed to be a citizen of, or domiciled in, that country of which he was a citizen or wherein he was domiciled during any substantial part of that period. 8.Domicile of corporations:- For the purposes of this Act, a body corporate shall be deemed to be domiciled in India if it is incorporated under any law in force in India.

TRADE MARK
A trademark or trade mark[1] is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities. A trademark is designated by the following symbols:

(for an unregistered trademark, that is, a mark used to promote or brand goods) (for an unregistered service mark, that is, a mark used to promote or brand services) (for a registered trademark)

A trademark is a type of intellectual property, and typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements.[2] There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories. The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required. The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand. India Trademark A trademark is a type of intellectual property, and typically a name, phrase word, logo, symbol, design, image and a combination of these elements. There is also a range of non-conventional trademarks containing marks, which do not fall into these normal categories. How to register a trademark , below are the following steps for registering a trademark. Describe your mark State when it was first used. Describe the services or products on which the mark will be used, and Suggest the classification under which the mark should be registered.

PATENT A patent (pronounced /ptnt/ or /petnt/) is a set of exclusive rights granted by a state (national government) to an inventor or their assignee for a limited period of time in exchange for a public disclosure of an invention.

The procedure for granting patents, the requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a patent application must include one or more claims defining the invention which must be new, inventive, and useful or industrially applicable. In many countries, certain subject areas are excluded from patents, such as business methods and mental acts. The exclusive right granted to a patentee in most countries is the right to prevent others from making, using, selling, or distributing the patented invention without permission.[1]

A patent is not a right to practice or use the invention.[12] Rather, a patent provides the right to exclude others from making, using, selling, offering for sale, or importing the patented invention for the term of the patent, which is usually 20 years from the filing date [3] subject to the payment of maintenance fees. A patent is, in effect, a limited property right that the government offers to inventors in exchange for their agreement to share the details of their inventions with the public. Like any other property right, it may be sold, licensed, mortgaged, assigned or transferred, given away, or simply abandoned. The rights conveyed by a patent vary country-by-country. For example, in the United States, a patent covers research, except "purely philosophical" inquiry. A U.S. patent is infringed by any "making" of the invention, even a making that goes toward development of a new inventionwhich may itself become subject of a patent. A patent being an exclusionary right does not, however, necessarily give the owner of the patent the right to exploit the patent.[12] For example, many inventions are improvements of prior inventions that may still be covered by someone else's patent.[12] If an inventor takes an existing, patented mouse trap design, adds a new feature to make an improved mouse trap, and obtains a patent on the improvement, he or she can only legally build his or her improved mouse trap with permission from the patent holder of the original mouse trap, assuming the original patent is still in force. On the other hand, the owner of the improved mouse trap can exclude the original patent owner from using the improvement.
[12]

DOCUMENTS REQUIRED FOR FILING AN APPLICATION FOR PATENT REGISTRATION: Application form in triplicate. Provisional or complete specification in triplicate. If the provisional specification is filed it must be followed by complete specification within 12 months (15 months with extension). Drawing in triplicate (if necessary). Abstract of the invention (in triplicate). Information and undertaking listing the number, filing date and current status of each foreign patent application in duplicate. Priority document (if priority date is claimed). Declaration of inventor ship where provisional specification is followed by complete specification or in case of convention application. Power of attorney (if filed through Patent Agent). Fee in cash/by local cheque/by demand draft. APPROPRIATE OFFICE FOR FILING AN APPLICATION Application is required to be filed according to the territorial limits where the applicant or the first mentioned applicant in case of joint applicants for a patent normally resides or has domicile or has a place of business or the place from where the invention actually originated .If the applicant for the patent or party in a proceeding having no business, place or domicile in India., the appropriate office will be according to the address of service in India given by the applicant or party in a proceeding. EXAMINATION & PUBLICATION

All the applications for patent accompanied by complete specification are examined substantively. A first examination report stating the objection(s) is communicated to the applicant or his agents. Application or complete specification may be amended in order to meet the objection(s). Normally all the objections must be met within 15 months from the date of first examination report. Extension of time for three months is available, but application for extension therefore must be made before the expiry of normal period of 15 months. If all the objections are not complied with within the normal period or within the extended period the application will be deemed to have been abandoned. When the application is found to be suitable for acceptance it is published in the gazette of India (Part III, Section2). It is deemed laid open to the public on the date of publication in the gazette of India. OPPOSITION Notice of opposition must be filed within four months of notification in the Gazette. Extension of one month is available, but must be applied for before expiry of initial four month period. GRANT OR SEALING OF PATENT If the application is not opposed or the opposition is decided in favor of the applicant or is not refused the patent is granted or sealed on payment of sealing fee within 6 months from the date of advertisement. However, it is extendable by three months. REGISTER OF PATENTS The Register of Patents will be kept in the Patent Office and its branch offices. Register of Patents can be inspected or extract from it can be obtained on payment of prescribed fee. Register of Patents contains full details of the Patent which include Patent number, the names and addresses of the patentee; notification of assignment etc.; renewals, particulars in respect of proprietorship of patent etc. RIGHTS OF PATENTEE A patent grant gives the patentee the exclusive right to make or use the patented article or use the patented process. He can prevent all others from making or using the patented process. A patentee has also the right to assign the patent, grant licenses under, or otherwise deal with it for any consideration. These rights created by statute are circumscribed by various conditions and limitations. RENEWAL FEE Renewal fees are payable every year. The first renewal fee is payable for third year of the patents life, and must be paid before the patents second anniversary. If the patent has not been issued within that period, renewal fees may be accumulated and paid immediately after the patent is sealed, or within three months of its recordal in the Register of the Patents. Date of payment of Renewal fees is measured from the date of the patent. Six months grace is available with Extension fee. No renewal fees are payable on patents of addition, unless the original patent is revoked and the patent of addition is converted into an independent patent; renewal fees then become payable for the remainder of the term of the main patent. No renewal fees are payable during the pendency of the application for a patent; renewal fees that become overdue during pendency are payable upon sealing within three months of recordal in the Patent Register. WORKING

Annual reports as to the extent of working, by every patentee and licensee, are a statutory requirement and must be submitted by March, 31 each year for the previous year ending December, 31. COMPULSORY LICENSE AND LICENSE OF RIGHT On failure to work a patent within three years from the date of its sealing, an interested party may file petition for grant of a compulsory license. Every patent for an invention relating to a method or process for manufacture of substances intended for use, or capable of being used, as food, medicines, or drugs, or relating to substances prepared or produced by chemical process (including alloys, optical glass, semi-conductors and inter-metallic compounds) shall be deemed to be endorsed "Licenses of Right" from the date of expiry of three years from the date of sealing the patent. ASSIGNMENT Applications must be filed on the prescribed form with the Controller for the registration of assignments and any other documents creating an interest in a patent in order for them to be valid. In order to be valid, an assignment must be recorded within six months from the date of the document. A six-months extension may be obtained. LICENSE Applications must be filed on the prescribed form with the Controller for the registration of licenses and any other documents creating an interest in a patent in order for them to be valid. A license must be recorded within six months from the date of the document. DURATION A patent lasts for 14 years from the date of filing the complete specification (if an application is filed with provisional specification on January 1, 1989, and a complete specification is filed on January 1, 1990, the duration is counted from January 1, 1990). However, for food, drug and insecticide patents, the life is seven years from the date of complete specification, or five years from date of sealing, whichever is shorter. RESTORATION Application for restoration of a patent that lapses due to nonpayment of renewal fees must be made within one year of lapse. If an overdue annuity is not paid within the extension period, the one-year period for seeking restoration commences from the date of recordal. INFRINGEMENT Infringement can consist of taking away essential features of the patented invention; utilizing claimed features; copying patented substances; mechanical equivalence; taking part of the invention. while the patent is in force. Use by the government or for government purposes is not infringement. Such use must be paid for on terms to be agreed upon before or after use. Accidental or temporary use, use for research, use on foreign vessels, do not constitute infringement. APPEAL Appeal lies in the High Court. Appeal must be lodged within three months from the decision of the Controller.