PROTECTION OF IPR

Importance of protecting

Intellectual Property

– protection to an invention for the exclusive use of it by

– its inventor– leverage business– legal recognition to the invention – enables its enforcement in the court of law– incentive for further development

Importance of protecting Intellectual Property

– public use– huge source of information– source for further developmental work by third

party– encourage fair trading – contribute to social and economic

development

Case Studies – Using IP for Competitive Edge

• Maharani Paints-developed and patented an innovative and eco-friendly, Clean Technology for Recycling/Conversion of Paint sludge, a hazardous waste into user friendly primers, undercoats, Floor Coatings, Structural Primers etc; as per customer's specification and is undertaking Paint Sludge Recycling as a service as well as providing Technical Consulting and Know-how to organizations keen to adopt this technology

• Titan Industries developed Titan Edge, the slimmest commercially available watch in the world. Produced indigenously after four years of intensive research and development, the Titan Edge has a total slimness of just 3.5 mm and a wafer thin movement of 1.15 mm.

How to protect IPR

• Watch and Vigil Trade Mark The Trade Mark should be used and renewed regularly and in Time. A watch should be kept over information in the Trade mark journal and proceedings be instituted to identify copied and conflicting marks.

Design Finding out whether any registration already exists Rights are registered for an initial period of ten years and

can be renewed for another period of five years.

How to protect IPR

• Official Databases– Trade Mark

• Before applying, it is advisable to conduct a search to avoid duplication or conflict (even for different goods). One can obtain preliminary advice on distinctiveness of ones mark or access official Report on similar existing trademarks from the Trade Marks Registry, by applying with nominal fees. Search facilities such as personal Inspection / Search facility can also be availed. Moreover, you can take professional help.

• A online search can be conducted by paying a Government fees of Rs. 400/- per 15 mins from the Online data base of Trade Mark Registrar.

How to protect IPR

• Official Databases

– Designs• The Design Office can assist to search

whether the design has been previously registered. If the registration number is known, form No. –6 should be filed along with the prescribed fees of Rs.500. If the representation of the article or the specimen of the article is filed form No. 7 along with the prescribed fees of Rs.1000 is required.

How to protect IPR

• Official Databases – Patent

» Prior Art Searches» Patent Database» USPTO, JPO, DEPATIS, CIPO,

Espacenet, INPADOC, SIPO, KIPO through following sources

» Delphion » Micropatent (PatentWeb)

How to protect IPR

Market Research

– Research should be conducted all over the country

– There are many fraudulent companies,

manufacturers, distributors, wholesalers and retailers, engaged in the production and marketing of duplicated goods.

– This is causing serious harm to national as well as international brands.

Flat No 903, Indra Prakash, 21, Barakhamba  Road,New Delhi 110001 (India)

Phone: +91 11 42492532 (Direct)Phone: +91 11 42492525 Ext 532

Mobile :- 9810081079Fax: +91 11 23320484

email:- vpdalmia@vaishlaw.com

Intellectual Property & Information Technology Laws Division