Post on 22-Feb-2017
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Thursday, March 17, 2016
Demystifying the Intellectual Property (IP) puzzle – Facts and Challenges
Suhas Tuljapurkar & Amit Koshal
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What is Intellectual Property?
Three types of Properties
Immovable Property
Movable Property
Intangible Property
Fundamentals of ‘Property’ apply to all
Right of ownership
Right to peaceful enjoyment
Obligation to protect your property
Registration of property together with possession is critical
Intellectual Property is the Property created by Your Mind
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Types of Intellectual Property
Patents for Your Inventions
Trademarks for Your Identity
Copyrights for Your Literary Work
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Trademarks
Names, Words, Logos, Colors, Packaging, sounds (audible), Signs (visual), Tastes (gustatory), Touches (tactile), and Store/Office Layouts, Smells
Descriptive marks – NOT REGISTRABLE
Exclusive and Non-Exclusive use – Associated marks
Registration of Trademarks
®, TM, SM – Criminal Liability (Section 107)
10 years + Extensions
Defensive Registration
Consequence of non-use; liable for cancellation (Section 113)
Companies Act, 2013 (Rectification of name, Section 16, Rule 08)
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Patents
Patents are for Inventions
New Process or Product
Non-obvious
Industrial Applicability
Right to stop somebody from making, selling, using, importing
20 years + Jurisdictional Limitation
Technical Software is Patentable in US, Europe, and India
Not Patentable: (Section 3 of Indian Patents Act)
a) The mere discovery of a new form of a known substance
b) any medicinal or surgical process
c) a mathematical or business method or a computer programme per se or algorithms
d) mere scheme or rule or method of performing mental act or method of playing game
Ericsson Vs. Micromax in Indian Courts
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Copyrights
Property on Work such as Literary Work, Drama, Music, Artistic Work, Cinematography, Sound Recording,
Literary work includes Computer Program, Tables, Books, and compilations including computer database
Artistic Work includes Painting, Sculpture, drawing (Diagram, Map, Chart, Plan), an engraving, or a photograph
Computer Program is a set of instructions expressed in words, codes, schemes, or any other form – machine readable medium capable of causing performance of a task or achieve a result
Copyright – Exclusive Right to perform, reproduce, and copy do other acts as prescribed
Life + 60 years after the death of the author
Copyright exists without registration
Evidential Value of a Registered Copyright
Global Recognition
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Consolidating IP using a Tool Kit
Webaroo Inc. is a US entity Gupshup Technology is a subsidiary of Webaroo IncTeamChat is the software application developed by Gup ShupTeam Chat is an app for structured messagingThrough a set of 15 questions, we shall demonstrate the tool kit approach that we used for Webaroo
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Start-up Definition
Start-up defined as an entity…working towards innovation, development, deployment or commercialization of new products, processes or services driven by technology or intellectual property;
An entity is considered to be working towards innovation, development, deployment or commercialization of new products, processes or services driven by technology or intellectual property if it aims to develop and commercialize:
a. A new product or service or process, orb. A significantly improved existing product or
service or process, that will create or add value for customers or workflow.
Provided that the mere act of developing:a. products or services or processes which do not
have potential for commercialization, orb. undifferentiated products or services or
processes, orc. products or services or processes with no or
limited incremental value for customers or workflow would not be covered under this definition.
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Government Initiatives on IP
80% reduction in fee for patents
Hired hundreds of new Patent Examiners
Fast tracking of Patent Examination
Organizations to help You: TIFAC, NRDC, DIETY
Grant up to 15 lacs or 50% of foreign filing expenditure, which ever is less
10% taxation cap on royalty earned from Patents from 2017
Patent Facilitators for Start-ups
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Few Guests on Stage
Nilesh Pandit, In-house IP Professional from TCS
Nilesh Bhattad, Founder and CEO of Think Smart
Kiran Natraj, Founder and CEO of Entrib Technology
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Thank you
www.legasis.in
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