I N T E L L E C T U A L P R O P E R T YL A W S

PATENTS ACT 1970

What is a Patent?

•Sec2(1)(m) of Indian Patents Act states that “Patent” means a patent for any invention granted under the Act.

•It can also be defined as “a grant from government, which confers on the grantee ,for a limited term, the exclusive privilege of making, selling and using an invention and also authorizing others to do so.

Requirements for an invention to be patentable

Test of Novelty- The subject matter

should be new

Test of Utility- It should be

useful

Test of Vendibility-The subject matter should be

capable of being marketed for ‘commercial

purpose’

Patent office, its establishment ,powers of control• Head office at

Kolkata• Controller General

of Patent ,Design, and Trade mark is the controller of Patent

• Powers Of Civil Court

Working of Patent• Inventions are granted

for being used and not for hoarding

• It should not be granted to enable patentees to enjoy monopoly

• Promotions of technological innovation

• Patent granted do not impede protection to public health

• Patent inventions should be available at reasonably affordable prices

Register of Patents• Register of Patent

shall be kept at the Patent Office

• Computer Floppies, Diskettes, electronic form

• Prima-facie Evidence

What is copyright.?

• Its is a law to the Creators of literary, dramatic, musical and artistic works and producers…

Why Should Copyright be protected..???

• It ensures certain minimum safeguards of the rights of authors

Will the strict application of the principle of protection of copyright

hampers economic & cultural development of the society?

Exemptions:

Uses of the work •for the purpose of research or private study, •for criticism or review, •for reporting current events,

in connection with judicial proceeding, performance by an amateur club or society if the performance is given to a non-paying audience,

the making of sound recordings of literary, dramatic or musical works under certain condition

APPLICATION

• The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright in an idea.

Copyright subsists throughout India in the following classes of works:

• Original literary, dramatic, musical and artistic works; • Cinematograph films; and • Sound recordings.

Copyright Subsists

Procedure for registration of a work under the Copyright

Act,1957Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright.

However, facilities exist for having the work registered in the Register of Copyrights maintained in the Copyright Office of the Department of Education.

The Copyright Office has been set up to provide registration facilities to all types of works and is headed by a Registrar of Copyrights and is located at B.2/W.3, C.R. Barracks,Kasturba Gandhi Marg,

What is a trade mark ?

• A Trade Mark is a visual symbol in the form of a word , a device ,

or a label applied to articles of commerce with a view to indicate to the purchasing public that is a good manufactured

• other wise dealt in by a particular person as distinguished from similar goods dealt or manufacture by other persons.

• Is to deal with the precise nature of the rights which a person can a acquire in respect of a TM-

• The mode of acquisition of such rights -the method of transfer of those rights to others-the precise nature of infringement of such rights-and the remedies available in respect thereof.

Object of Trade Mark

•1. It identifies the product of its origin •2. It guaranties its unchanged quality •3.It advertises the products &•4. It creates an image for products.

Functions of a Trade

Mark•Trademark is a major asset of any company. Hence ' trademarks management ' in an enterprise comprises two aspects:•Trademark policy is a marketing function. (the marketing personnel of an organization will take care of this trademark policy known as ' Brand Management '. )•Trademark protection is a legal function

Trademarks manageme

nt

Absolute ground for refusal of registration(SECTION 9)

A mark shall not be registered as a trade mark if –a) It is of such nature as to deceive the public or cause confusion; b) It contains or comprises of any matter likely to hurt the religious

susceptibilities of any class or section of the citizens of India;c) It comprises or contains scandalous or obscene matter;d) It’s use is prohibited under the Emblems and Names (Prevention of Improper Use) Act,1950 (12 of 1950 ).A mark shall no be registered as trade a mark if it consists exclusively

of –e) The shape of goods which from the nature of goods themselves;

orf) The shape of goods which is necessary to obtain a technical

result; org) The shapes which gives substantial value to the goods.

Relative Grounds for refusal of registration (SECTION 12)

1.Its identity with an earlier trademark and similarity of goods or services covered by the trademark. or

2.Its similarity to an earlier trademark.

Limitation as to colour.—a) A trade mark may be limited wholly or in part to

any combination of colours and any such limitation shall be taken in to consideration by a tribunal having to decide on the distinctive character of the trade mark.

b)So far as a trade mark is registered without limitation of colour, it shall be deemed to be registered for all colours.