Ipr outreach p 13042015

Intellectual Property Right (IPR)

Pankaj Kumar

Intellectual Property Attorney

ipr.pkumar@gmail.com

New subject?

Taj Mahal… old story

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

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

IPR

• I ntellectual

• P roperty

• R ight

IP comes in existence by expressing ideas.e.g.: utility model (zugaad), inventions, brand marks, designs, literary items etc

Some example of Intellectual property

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

Protecting tangible property

Protecting intangible tangible property

Intellectual Property v Intellectual property Rights

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 marketinfuses efficiency in the market increases consumer welfare.

Section 3(5) Indian Competition Act, 2002

IP v IPR

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 andcapable of industrial application

Where invention is a process or formulation?

• TKDL

• NSDL

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

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?

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”

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

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)

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

Laws

• Un-codified/common law

• Codified

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

Indian offices for Patent, TM, GI and PIS

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

Organization Structure – IP Offices

Ministry of Industry & Commerce(DIPP)

Office of the ControllerGeneral of Patents, DesignsAnd Trademarks (CGPDTM)

Designs wing(Kolkatta)

Patent office( Kolkatta, Delhi,

Mumbai, Chennai)

Trade Marks Registry( Kolkatta, Delhi,

Mumbai, AhmedabadChennai)

GeographicalIndications

Registry( Chennai)

Patent Information

Service( Nagpur)

Office of CGPDTM

CGPDTM (Bombay)

PATENT OFFICE HEADOFFICECALCUTTA

PIS (NAGPUR)

PATENT OFFICE (MUMBAI)

PATENT OFFICE (CHENNAI )

PATENT OFFICE (NEW DELHI )

JURISDICTION WEST ZONE

JURISDICTION SOUTH ZONE

JURISDICTIONNORTH ZONE

TMR (BOMBAY)

TMR AHMEDABAD TMR DELHI

TMR CALCUTTA

TMR CHENNAI

GIR

Jurisdiction of offices

IP Office Building, New DelhiIP Office Building, New Delhi

IP Buildings at Kolkata,Delhi and Chennai