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IPR outreach

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IPR outreach

  1. 1. Intellectual Property Right (IPR) Pankaj Kumar Intellectual Property Attorney ipr.pkumar@gmail.com
  2. 2. New subject?
  3. 3. Taj Mahal… old story
  4. 4. Why we bother IPR? • Part of course curriculum • Competitive exam/interview • Job placements/interview • Entrepreneurs earning profits out of the endeavor - Any person innovative who wish to launch their new product(s) or service(s) in the market and prohibiting others to use it commercially without their consent……royalty • General interest or for the sake of awareness
  5. 5. FAQ •What is IPR? •Origin of IPR? •Importance of IPR? •Relevancy of the IPR to you? •Process of getting IPR? •Indian IP Laws; Position in the Constitution; Strong IPR Regime….Choice or Necessity ?? Need of IP regime in India; Organization structure of IP System in India; Offices of CGPDTM and its Jurisdiction; Nodal Agencies for IPR facilitation in India; Consequences of IP regime
  6. 6. IPR • I ntellectual • P roperty • R ight
  7. 7. IP comes in existence by expressing ideas. e.g.: utility model (zugaad), inventions, brand marks, designs, literary items etc
  8. 8. Some example of Intellectual property
  9. 9. Property v Intellectual Property •Inventions •Marks used in trade to differentiate your goods or services from another in market •Designs having aesthetic appeal and may be used on some goods •Literary items like book, poem musical, drama, artistic things, paintings etc •Layout designs of integrated circuits •Appellation of origin and geographical indication •Goodwill •Trade secret/undisclosed information
  10. 10. Protecting tangible property Protecting intangible tangible property
  11. 11. Intellectual Property v Intellectual property Rights
  12. 12. Is there really any tussle between intellectual property protection and competition law? The objective of competition law – to prohibit anti-competitive practices the objective of both the stream is wealth maximization in any economy. IP protection is necessary to – foster innovation choices of products in the market infuses efficiency in the market increases consumer welfare. Section 3(5) Indian Competition Act, 2002
  13. 13. IP v IPR
  14. 14. What is an Invention?What is an Invention? Sec.2(1)(J)Sec.2(1)(J) “Invention” means a new product or process involving an inventive step and capable of industrial application
  15. 15. Where invention is a process or formulation?
  16. 16. • TKDL • NSDL
  17. 17. INTERMEDIARY LIABILITY for defamatory content • a viral post alleging that Parle’s popular mango drink Frooti is contaminated • no doubt that a false statement relating to the purity of Parle’s products has the potential to cause vast losses to Parle, especially as summer is a crucial sales period for soft drinks like Frooti
  18. 18. IPR issues in Advertising • How many times in a day do we come across shops with images of Bollywood stars looking back at us? From the local barber’s salon to the corner juice shop- celebrities feature everywhere. • The mere image of Sonu Nigam in a print ad for a music school is more likely to attract attention than one without it. But what if Sonu Nigam has no association to that music school whatsoever? Does the school’s use of his image amount to violation of his Intellectual Property rights?
  19. 19. The photograph of Rani wearing the outfit -- a double layered chiffon PONCHO with silk tassels teamed with black bootleg embroidered trousers -- appeared in a leading daily. PONCHO is one of the designs exhibited in a fashion show “Fall 2003 outfits - winter 2003 collection”
  20. 20. PONCHO Designer Suneet Varma says, "When I woke up this morning, I was bitter (as the own design have been replicated in toto by another well-known designer). But then I called up a journalist friend to check whether they [the newspaper] had sourced the picture right. He confirmed it. I called Aki (Aki Narula, a well-known designer who costumed the outfit worn by actress Rani Mukerji for Yash Raj Films' Bunty Aur Babli), because I think he has a right clarify his stand. He was vague. He said he did not know it was my design, and that he had picked it off a store called Options [in Mumbai], because there was a sudden requirement for a poncho the next morning. He said there was no label on it; that is not possible." www.rediff.com/getahead/2005/apr/25fwsuneet.htm
  21. 21. Strong IPR Regime….Choice or Necessity ?? To promote innovations, scientific & industrial development; To develop technological capability; To generate new IP; To protect IPRs; To integrate IP system with international IP regimes; To comply Indian international IP obligations (signatory of TRIPs in the Uruguay Round Agreement of 1995, member of several IP treaties)
  22. 22. Need of IP regime in India: • To legislate new IP laws and the amendment; • To consider of stakeholders opinion; • To safeguard national interests; • To create IP awareness- info dissemination • To promote IPRs- by funding for filing & registration; • To facilitate IP commercialization; • To modernize IP infrastructure; • To move ahead
  23. 23. Laws • Un-codified/common law • Codified
  24. 24. Indian IP Laws (compliant to TRIPs): Position in the Constitution:- Entry 49 of the List I of Schedule VII: “Patents, inventions and designs; copyright; trade-marks and merchandise marks”; Patent Act 1970; The Designs Act, 2000; Trademarks Act 1999; The GI Act, 1999; The Copyrights Act, 1957; The Bio-Diversity Act, 2001; The Layouts and Integrated Circuits Act, 2000; Plant Varieties Protection and Farmers Rights Act, 2001; Biological Diversity Act, 2002
  25. 25. Indian offices for Patent, TM, GI and PIS
  26. 26. Organization structure of IP System in India MINISTRY OF COMMERCE AND INDUSTRY MINISTRY OF HUMAN RESOURSE DEVELOPMENT DEPT. OF INDUSTRIAL POLICY & PROMOTION DEPT. OF EDUCATION CONTROLLER GENERAL OF PATENTS, DESIGNS & TRADE MARKS (CGPDTM) COPYRIGHT OFFICE REGISTAR OF COPYRIGHT
  27. 27. Organization Structure – IP Offices Ministry of Industry & Commerce (DIPP) Office of the Controller General of Patents, Designs And Trademarks (CGPDTM) Designs wing (Kolkatta) Patent office ( Kolkatta, Delhi, Mumbai, Chennai) Trade Marks Registry ( Kolkatta, Delhi, Mumbai, Ahmedabad Chennai) Geographical Indications Registry ( Chennai) Patent Information Service ( Nagpur)
  28. 28. Office of CGPDTM
  29. 29. CGPDTM (Bombay) PATENT OFFICE HEADOFFICE CALCUTTA PIS (NAGPUR) PATENT OFFICE (MUMBAI) PATENT OFFICE (CHENNAI ) PATENT OFFICE (NEW DELHI ) JURISDICTION WEST ZONE JURISDICTION SOUTH ZONE JURISDICTION NORTH ZONE TMR (BOMBAY) TMR AHMEDABAD TMR DELHI TMR CALCUTTA TMR CHENNAI GIR
  30. 30. Jurisdiction of offices
  31. 31. IP Office Building, New DelhiIP Office Building, New Delhi
  32. 32. IP Buildings at Kolkata,Delhi and Chennai

Notes de l'éditeur

  • Not a new subject….Huge commercial interest…………..Velcro, airplane, laser, Tajmahal, Coca-cola formula, Brand value of Coca-cola, watsup etc
  • In common folklore it is said that Shah Jahan ordered that the hands of the artisans who built the Taj Mahal be chopped off to ensure that they would never build another Taj Mahal

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