3. If you have been asking yourself
this question, then this ppt is for
you!

4. What is “Intellectual Property”?
 Intellectual properties refer to creations of mind, literary
and work of art, symbols, names and signs used in
commerce.
 Allows creators, or owners, of patents,
trademarks or copyrighted works to benefit from their
own work or investment in a creation.

5. Intellectual Property Rights (IPR)
 Intellectual property rights are the rights
given to persons over the creations of their
minds.
 They usually give the creator an exclusive
right over the use of his/her creation for a
certain period of time.

6. Recognition of IP
• Paris Convention for the Protection of
Industrial Property(1883)
• Berne Convention for the Protection of
Literary and Artistic Works (1886).
• Both treaties are administered by the
World Intellectual Property Organization
(WIPO).

7. Importance of IP
• Help all countries to realize intellectual
property’s potential as a catalyst for
economic development and social and
cultural well-being.
• Help strike a balance between the
interests of innovators and the public
interest, providing an environment in which
creativity and invention can flourish, for the
benefit of all.

8. Major Types of IP
Functional & Technical
Inventions
Patents Act, 1970
Amended
in 1999 & 2005
Purely
Artistic works
Copyright Act,
1957
Amended in1982,
1984, 1992,
1994 & 1999
A symbol, logo, word, sound,
color, design, etc.
Trademark
Act, 1999
Amended in 1994,
1996 & 2000

9.  WIPO ( World Intellectual Property
Organization ) was established by the
WIPO Convention in 1967.
 The WIPO is a specialized agency of the
United Nations.
 It promote the protection of IP throughout
the world.
 Headquarter is in Geneva, Switzerland
 World Intellectual Property Day: Observed
on 26th April.
 Purpose to "raise awareness of how
patents, copyright, trademarks and
designs impact on daily life”.

10. Why protect intellectual property?
 Protection of IP rights is an incentive to
human creativity
 Promotes respect for individual artists, and
enables them to earn livelihoods
 Prevents infringement
 IP serves as an instrument for
cultural, social, economic and
technological development
 New creativity helps create sustainable
and competitive businesses locally and
internationally
 IP-based industries contribute significantly
to national economies

11. T
R
I
P
S
 An international agreement administered
by the WTO.
 The TRIPS Agreement was signed in
Marrakesh, Morocco on 15 April 1994
which came into effect on 1st January
1995, is the most comprehensive
multilateral agreement on intellectual
property.
 India signed TRIPS agreement on 15th
April 1994 and came into force on 1st
Jan’1995

12. Features of the Agreement
 Standards-Sets out the minimum
standards of protection to be provided by
each Member.
 Enforcement Deals with domestic
procedures and remedies for the
enforcement of intellectual property rights.
 Dispute Settlement The Agreement
settles disputes between WTO Members
in respect to the TRIPS obligations,
subject to the WTO's dispute settlement
procedures.

13. Principles
 The Agreement provides for certain basic
principles, such as national and most-
favoured-nation treatment.
 The obligations under the Agreement will
apply equally to all Member countries.
 Members are left free to determine the
appropriate method of implementing the
provisions of the Agreement within their
own legal system and practice.

15. THE PATENT ACT,
1970
DEFINITIONS
• Patent
• Invention
• Discovery
• Patentee
• Patent agent

16. NEED OF PATENT

17. CONDITIONS TO BE SATISFIED BY AN
INVENTION TO BE PATENTABLE
• Novelty
• Inventiveness (Non-obviousness)
• Usefulness

18. TYPES OF INVENTIONS WHICH ARE
NOT PATENTABLE IN INDIA
(SECTION 3)
• Frivolous or contrary to law
• Commercial exploitation
• Discovery of scientific principle
• Known process, machine or apparatus
• Re-arrangement or duplication of known devices
• A method of agriculture or horticulture
• Inventions relating to atomic energy
• Musical or artistic work

19. HOW TO REGISTER A PATENT

20. CONSEQUENCES OF GRANT OF PATENT
RIGHTS OF A PATENTEE:
• Right to exploit the patent
• Right to grant licence etc.
• Right to surrender
• Right to sue for infringement

21. EXPIRY OF A PATENT
• Patent has lived its full term.
• Patentee fails to pay the renewal fee.
• Validity of the patent has been successfully.
challenged by an opponent.
• Patent is revoke.

22. INFRINGEMENT
• Types of Patent Infringement
(a) Direct
(b) Indirect
(c) Contributory
(d) Induced
• Patent infringement cost
• How to Sue for Patent Infringement
Damages

24. PATENT CO-OPERATION
TREATY
• The PCT is an international treaty, administered by
the World Intellectual Property Organization
(WIPO), between more than 140 Paris Convention
countries
ADVANTAGES
• Brings the world within reach
• Postpones the major costs associated with
internationalizing a patent application
• Provides a strong basis for patenting decisions
• Is used by the world’s major
corporations, universities and research institutions
when they seek international patent protection
• Allows you to apply securely and easily online, and to
save money by doing so

25. PATENT APPLICATIONS

26. PATENT GRANTS

28. SWISS COMPANY LOSES DRUG PATENT
CASE IN INDIA - APRIL 2013

29. INDUSTRIAL DESIGN
ORIGIN
Designing and Printing of Linen Act(1787)
U.K
Design Act,1911
British Govt. in India
Indian Design Act,2000

30. ADVANTAGES OF INDUSTRIAL
DESIGN
• Beautiful & Appealing
• Increases market potential
• Safeguarding the features of the product
• Exclusivity
• Encourage fair and competitive trading
practices
• Promotes Creativity

31. Few Examples

32. INDIAN DESIGN ACT,2000
• Repealed & Replaced the Designs Act,1911
• Meaning of „Design‟ under the Act
• Controller of Industrial Design

33. MAIN PROVISIONS OF THE ACT
1. The „Controller General of Patents, Designs and
Trade Marks‟ appointed shall be the controller for
Industrial design.
2. Registration Formality
3. Prohibition of Registration
4. Certification
5. Expiration & Renewal
6. Public Inspection
7. Petition for the cancellation
8. Benefits of Registration
9. Refused applications
10.Infringement

34. ARTICLES
Article 25-Registeration for Protection
1 .Exclusivity
2 .Obligation
Articles 26-Protection
1.Ownership
2.Exception to Protection
3.Duration

35. STEPS FOR REGISTRATION
Step 1.
Finding out whether any registration already exists
Step 2.
Preparing a representation of the design
Step 3.
Identifying the class of design
Step 4.
Providing a statement of novelty
Step 5.
Including a disclaimer
Step 6.
Claiming a priority date

36. Step 7.
Determining the fee to be paid
Step 8.
Ensuring all enclosures are attached
Step 9.
Complying with objections (if any)
Step 10.
Providing full details

37. INDUSTRIAL DESIGNS THAT
CANNOT BE REGISTERED
• Opposing to public moral values.
• Any process of construction.
• Not distinguishable from previously registered
designs.
• Includes Trademark.
• Books, jackets, calendars, certificates, forms and
other documents, dressmaking patterns, greeting
cards, leaflets, maps and plan
cards, postcards, stamps, medals
• Flags, Emblems or Signs of any country.
• Integrated circuits.

38. THE HAGUE SYSTEM
• The Hague System for the International
Registration of Industrial Designs provides a
practical business solution for registering up to
100 designs in over 60 territories through filing
one single international application
ADVANTAGES
• Minimum of formality and expense
• Single international application, in one
language, accompanied by the payment of a
single set of fees, in one currency and with
one Office (the International Bureau).
• Better management of the protection offered

39. INDUSTRIAL DESIGN
APPLICATIONS

40. INDUSTRIAL DESIGNS
REGISTRATION

41. CASE STUDY
1.Bharat Glass Tube Limited VS Gopal Glass Works Limited
2. The case of a toymaker
3.Turning an IP Dispute into a Business Opportunity

43. TRADEMARK
MEANING
• Trademark??
• Service mark??
Consists of
• Words e.g. coca cola
• Letters e.g. idea
• Numbers e.g. 501
• Symbols e.g. McDonald’s golden arches
• Signature e.g. Ford or Johnnie Walker
• Shape e.g. Motorola

45. FUNCTIONS
• Identify
• Distinguish
• Source of origin
• Quality
• Advertise

46. TYPES OF TRADEMARKS
• Product Trade-Mark
Example: Nike "swoosh”
Make my trip and Tata
• Service Trade-Mark
Example: CCD,
Kaya skin clinic
• Certification Mark
Example: ISI
• Collective Mark:
Example: CA,
NAAC,
NGO
• Defensive Trade-Mark
Example: Mercedes
• Jointly owned trademarks

47. TYPES OF NON CONVENTIONAL
TRADEMARKS
1) SOUND MARKS:
• Yahoo- yodel
• MGM and their lion's roar;
• Intel and the three-second chord sequence
used with the Pentium processor
2) SCENT MARK
• First Scent Mark in the European Union was -
“the smell of fresh cut grass” for
goods, namely tennis balls in 1999
• Odor of beer for dart flights and the scent of
roses for tyres -first olfactory marks to be
registered in the U.K
• The fragrance of 'Chanel No 5' for perfume
failed

48. EVOLUTION OF TRADEMARK
LAW IN INDIA
Problems
solved by
applying
section 54 of
specific relief
act of 1877
and trade
marks were
registered
under Indian
registration
act 1908
Indian trade
mark act was
passed in
1940 in
corresponden
ce with
English
trademarks
act. Later was
replaced by
trademarks
and
merchandise
act 1958
On
September
15, 2003,
the Indian
trade mark
act and its
trademark
rules came
into effect.
This was
done to
make it
compliant to
TRIPS
obligation

49. INDIAN TRADEMARK ACT ,1999
• Classification system
• Requirements for filing trademark application

50. REGISTRATION
PROCEDURE

51. • Term and renewal of trade-mark
• Licensing and assignment
• Enforcement

52. MARKS THAT CANNOT BE
REGISTERED
• Marks that describe value, quantity, quality, or
intended purpose of the goods or services;
• Marks that are deceptive;
• Marks that are contrary to public order or morality;
• Marks that consist of armorial bearings, flags and
other emblems or official signs of States or
international intergovernmental organizations;
• Marks of such a nature as to infringe rights acquired
by third parties in the country where protection is
claimed (for example: marks that are identical or
similar to earlier marks for identical or similar goods
or services; or marks that are identical or similar to
well-known marks).

53. INFRINGEMENT
• Fundamentals of infringement (Any or below all aspect will be
considered under infringement)
• copy of whole registered mark with a few additions and
alterations,
• The infringed mark is used in the course of trade the use of the
infringed mark is printed or usual representation of the mark in
advertisement. Any oral use of the trademark is not infringement.
• The mark used by the other person almost resembles the mark of
the registered proprietor which is likely to mislead or cause
confusion
• Grounds for Infringement of registered Trademark
• Advertising an infringed trademark leads to unfair advantage or is
harmful to the unique characteristics and also does not support
the reputation of earlier trademark.

54. • Any person who is not registered owner of a trademark or a
person who is given the permission uses the trademark which
is identical or similar to the original trademark or is does not
uses it for goods and services for which it is registered. The
trademark that has been registered has already created a
reputation of its own and use of infringed mark will cause
unfair advantage or is harmful to the reputation of trademark
which is registered
• A person who uses a registered trademark as his trade name or
in his business concern or part of both which deals with goods
and services for which the trademark is registered.
• If any distinct part of a trademark that is registered and which
has words, the trademark can be infringed by verbally using
those words as well as visual representation of it.
• If any person intentionally uses the trademark for which he
knows that he is not authorized by the owner of the mark then it
is considered to be infringement.

55. • Remedies
– an action for infringement in case of a registered
trademark
– an action for passing off in the case of an unregistered
trademark
• Relief
– Injunction
– Damages
– Accounts of profits
– E.g – Finolex Cables

56. E.g.: Gorbatschow Wodka KG (“Plaintiff”)
-Vs- John Distillers
Limited (“Defendant”)
E.g.: McDonalds

57. INTERNATIONAL
REGISTERATIONS
TWO WAYS:
• File a trademark application with the
trademark office of each country in which
you are seeking protection,
• Use the Madrid system

58. MADRID SYSTEM
• Madrid system for the international registration of trademarks
provides one single procedure for the registration of a mark in
several territories. It is governed by two treaties, the Madrid
Agreement and the Madrid Protocol, and is administered by the
International Bureau of WIPO in Geneva, Switzerland.
ADVANTAGES:
• Apply for protection of a mark in over 80 territories
• Can extend its geographical scope to additional Contracting Parties
in a quick, simple and cost-effective manner;
• Just one single expiry date and the registration can be renewed
simply (and also electronically)
• Administration costs are less, compared to several filings in national
territories
• India became a member of Madrid protocol on july 8 2013

59. RISE IN NUMBER OF
APPLICATION

60. TRADE MARK APPLICATION

61. CASE STUDIES
• Cadbury V/S Nestle
• William Grant & Sons Ltd. v. McDowell & Co. Ltd