Intellectual Property Rights and Laws in India are in sync with the global trends. Practice and Opportunities are explained herein

1. ORGANIZERS : LINGYAS UNIVERSITY
NATIONAL WORKSHOP
“Importance and Use of Copyright, Patent, Citation
and Impact Factor in Research”
TECHNICAL SESSION I
USE & OPPORTUNITIES IN THE FIELD OF COPYRIGHT & PATENT
(Date : January 25,2014)
PRESENTED BY : AJAY GARG, CORPORATE COUNSEL & LAWYERS

2. Intellectual Property Rights
“Exclusive rights granted by the State for inventions,
new and original designs, trademarks, new plant
varieties and artistic and literary works”.
© ™
®
AJAY GARG, CORPORATE COUNSEL & LAWYERS

3. Nature of Intellectual Property
• Creation of human mind (Intellect)
• Intangible property
• Exclusive rights given by statutes
• Attended with limitations and
exceptions
• Time-bound
• Territorial
AJAY GARG, CORPORATE COUNSEL & LAWYERS
3

4. AJAY GARG, CORPORATE COUNSEL & LAWYERS

5. 
TRADE MARK ACT, 1999

COPYRIGHT ACT, 1957

PATENT ACT, 1970 (2005)

DESIGNS ACT, 2000

GEOGRAPHICAL INDICATION OF
GOODS ACT, 1999

BIOLOGICAL DIVERSITY ACT, 2002

PROTECTION OF PLANT VARIETIES &
FARMERS’ RIGHT ACT, 2001

SEMICONDUCTOR INTEGRATED
CIRCUIT LAYOUT DESIGN ACT, 2000
AJAY GARG
Corporate
AJAY GARG, CORPORATE COUNSEL & LAWYERS Counsel & Lawyers

6. Continued……….
Registration
of
IPR
AJAY GARG, CORPORATE COUNSEL & LAWYERS

7. COPYRIGHT IN INDIA
KNOW YOUR RIGHT
AJAY GARG, Corporate Counsel & Lawyers

8. COPYRIGHT BASICS
Act
:
Copyright Act, 1957
:
Copyright (Amendment)
Act, 2012
Rules
:
Copyright Rules 1958
Main Office
:
Delhi
Forms
:
Schedule I
Fee Structure
:
Schedule II
Ownership of Copyright :
First ownership defined
differently for different
categories
Website
:
http://copyright.gov.in/
AJAY GARG, CORPORATE COUNSEL & LAWYERS

9. WORKS PROTECTED UNDER
COPYRIGHT LAW
1. Artistic work
2. Cinematograph work
3. Sound recording
4. Dramatic works;
5. Musical work;
6. Original literary work
Including Computer Work
AJAY GARG, CORPORATE COUNSEL & LAWYERS

10. COPYRIGHT OFFICE
Competent
administration
Copyright Division
Department of Higher Education
Ministry of Human Resource Development
Government of India
Web site
address
http://copyright.gov.in/
Address
4th Floor, Jeevan Deep Building,
1 & 2 Parliament Street
New Delhi, 110001
Telephone
(91 11) 233 41 739
(91 11) 233 62 436
(91 11) 233 81 894 (Dr. Shri G.R. Raghavender)
(91 11) 233 82 436 (Dr. Suresh Chand)
Telefax
(91 11) 233 84 687
E-mail
address
copyright@nic.in
AJAY GARG, CORPORATE COUNSEL & LAWYERS

11. ORGANIZATION STRUCTURE OF
COPYRIGHT IN INDIA
MINISTRY OF HUMAN RESOURCE
DEVELOPMENT
DEPT. OF EDUCATION
COPYRIGHT OFFICE
REGISTRAR OF COPYRIGHT
DEPUTY REGISTRAR OF COPYRIGHT
SECTION OFFICERS
EXAMINERS
AJAY GARG, CORPORATE COUNSEL & LAWYERS

12. PROCEDURE FOR REGISTRATION OF COPYRIGHT IN INDIA
MEETING WITH CLIENT
TEMPORARY REGISTRATION
DEPARTMENTAL OBJECTIONS
PUBLIC OBJECTION
FINAL CERTIFICATE
AJAY GARG, CORPORATE COUNSEL & LAWYERS

13. How to Apply for Copyright?
Application in Form-IV
Who can Apply?
 Applicant himself
 Assignee

Legal Heirs
Computer Software or Programmes can be
registered as Literary Work
AJAY GARG, CORPORATE COUNSEL & LAWYERS

14. ASSIGNMENT
• In writing,
• Signed.
• Should identify the work with royalty
• Specify the rights assigned, duration
and territorial extent.
• Rights should be exercised within a
period of 1 year.
• If period not stated-then deemed to be
5 years.
AJAY GARG, CORPORATE COUNSEL & LAWYERS

15. DURATION AND TERMS
OF COPYRIGHT
Copyright protection lasts for 60year from the year following the:
Literary work
Dramatic work
Musical work
Artistic work
Sound Recording
Cinematograph work
AJAY GARG, CORPORATE COUNSEL & LAWYERS
Death of
Author
Date of
Publication

16. COPYRIGHT REMEDIES
AGAINST INFRINGEMENT
 Injunctions whether interim or
final.
 Damages.
 Accounts
 Criminal Action.
 Imprisonment.
AJAY GARG, CORPORATE COUNSEL & LAWYERS

17. COPYRIGHT REGISTRATION
CERTIFICATE
AJAY GARG, CORPORATE COUNSEL & LAWYERS

18. PATENT ACT - SALIENT
ISSUES
 EXCLUSIVE MARKETING RIGHT
 NEW INVENTION
 TERM OF PATENT ( 20 YEARS)
 IS IMPROVEMENT PATENTABLE
 METHODS
/
PROCESSES
MANUFACTURE - PATENTABLE
OF
APPLICATION IN FORM-1
http://ipindia.nic.in/ipr/patent/patent_FormsFees/
Form-1.pdf
AJAY GARG, CORPORATE COUNSEL & LAWYERS

19. CONDITIONS OF PATENTABILITY
 Novelty
 Inventive Step
 Industrial Application
AJAY GARG, CORPORATE COUNSEL & LAWYERS
19

20. WHO CAN APPLY FOR PATENT???
 Any person whether a citizen of India or
not
 True and First Inventor of the Invention
 His assignee
 His Legal Representative
 Either alone or jointly with another
person.
AJAY GARG, CORPORATE COUNSEL & LAWYERS

21. HOW CAN I APPLY FOR PATENT ????
 Application with Complete
Specification
 Application with Provisional
Specification
 If Provisional Specification – then
Complete Specification within 12
months
International Application- PCT
Application Patent Cooperation Treaty
http://ipindia.nic.in/ipr/patent/PCTApplication_09
February2011.pdf
AJAY GARG, CORPORATE COUNSEL & LAWYERS

22. PATENT EXAMINATION
 Filing
of application for Request
for Examination Form 18
 Issuance of First Examination
Report – By Patent Office
 Comply the Requirements of
FER within 12 months
AJAY GARG, CORPORATE COUNSEL & LAWYERS

23. INTERNATIONAL ORGANIZATIONS IN IP
 Establishment of WIPO (World
Intellectual Protection Organization
 World Trade Organization
AJAY GARG, CORPORATE COUNSEL & LAWYERS

24. Opportunities as An Expert
HOW TO BECOME A PATENT AGENT?
Qualification (S-126)
Citizen of India
Completed the age of 21 years.
Degree in Science, Engineering or
Technology
Passed Qualifying Exam and Viva
Fees Rs. 2000/AJAY GARG, CORPORATE COUNSEL & LAWYERS

25. HOW TO BECOME A PATENT AGENT?
Application in Form-22 {R-109(1)}
http://ipindia.nic.in/ipr/patent/patent_FormsFees/Form-22.pdf
Qualifying ExamTest (R-110)
 Written Test
Paper-I Patent Act and Rules
Paper-II Drafting and Interpretation of
patent specifications and other documents
 Viva Voice Examination
AJAY GARG, CORPORATE COUNSEL & LAWYERS

26. HOW TO BECOME
COPYRIGHT –AGENT?????
 Apply in Form TMA- 1(R153)
http://ipindia.nic.in/tmr_new/first_schedule_forms/
TMA-1.pdf
 Furnish
information
necessary
A TM agent will be a
Copyright agent
AJAY GARG, CORPORATE COUNSEL & LAWYERS

27. HOW TO BECOME COPYRIGHT -AGENT
 Citizen of India. (R-150)
 Completed 21 years of age. (R150)
 Passed Qualifying Exam.(R-151)
 Graduate of any university in India
or passes an equivalent qualification
( Written test followed by an
interview)(R-154)
 Considered by the Registrar a fit
and proper person.
http://ipindia.nic.in/tmr_new/tmr_ac
t_rules/tmr_rules_2002.pdf
AJAY GARG, CORPORATE COUNSEL & LAWYERS

28. Don't spend time beating on a wall,
hoping to transform it into a door.
Ajay Garg
Corporate Counsel and Lawyers
agbcorplegal@gmail.com
www.agbcorplegal.com