Origiin Newsletter Nov 2012

7/31/2019 Origiin Newsletter Nov 2012

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All rights reserved (C) Origiin IP Solutions 2012

n this issueopying photographs from internet

P.1 P News P.2 nteresting patent of the month

..P.3

A monthlyNewsletter on issuesrelating to

IntellectualProperty

Rights

S U E ( Vo l u m e )

M O N T H

N o v e m b e r

Y E A R

0 1 2

8 (2) Origiin Newsletter

Copying photographs from InternetBindu Sharma ([email protected])

Downloading pictures for creatingwebsite, presentation, article etc from

internet is a common practice and

excuses often given by violators include,

that the photographs were taken because

they appeared in a public platform on the

internet or there was no copyright notice

on the picture. The fact is that no content,

written or photographed is available for

free unless specified. Even if a photograph

on a site is not watermarked, it is still

under copyright protection. This means

that trademark logos, and images of any

company or individual cannot be taken

for free.

In India, the Copyright Act, 1957(Act No.

14 of 1957) governs the laws & applicable

rules related to the subject of copyrights.

Copyright is a right given by the law to

creators of literary, dramatic, musical and

artistic works and producers of

cinematograph films and sound

recordings. In fact, it is a bundle of rightsincluding, inter alia , rights of

reproduction, communication to the

public, adaptation and translation of the

work.

Photograph is an artistic work under

copyright and gets protection for sixty

years from the beginning of the calendar

year next following the year in which the

work is first published. Copyright which

subsists in a photograph protects not

merely the photographer from direct

copying of his work, but also from indirect

copying to reproduce his work, where a

substantial part of his work has been

copied.

A French photographer, Christophe

Viseux had recently served a legal notice

to the Delhi Commission for Women(DCW), for allegedly using an image

clicked by him without his consent on

billboards advertising its rape victims

Contact us

#51, MCHS, 15th Main,Sector 4, HSR layout Bangalore [INDIA]Phone: +9198456 93459+9198802 13204

Email: [email protected]

Websites www.origiin.comwww.origiinipa.com

Blog ttp://origiinipae.blogspot.com

ttp://inventorshub.blogspot.com

Editors Anita KaliaAthira A


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cell. He demanded Rs 50 lakh as damages. He was

driving through Delhi when he noticed several posters

bearing his copyrighted photograph of a partially veiled

woman that he clicked during a trip to Jaisalmer and

uploaded on his blog.

Even if a photograph on a site is not

watermarked, it is still under

copyright protection. This means that

trademark logos, and images of any

company or individual cannot be

taken for free.

In another case of Khana Khazana, a popular show aired

on Zee Network, it was found that they are regularly

stealing photographs from food bloggers and websites

for their features. When some of the copyright owners,

whose photographs were stolen and featured,

complained and asked Zee Khana Khazana to remove

the photographs that belonged to their blogs, ZKK

apologized saying this was not stealth and that they

were using these images to project a visual appeal of

their recipes to their fans.

Many of copyright owners voiced themselves on the

facebook page of ZKK, and reported the page to

facebook also. Some of them were cautious enough to

take screen shots of the posts as evidence. Sensing the

agitation, ZKK, and in some cases facebook, removed the

posts containing the stolen photographs. ZKK then

made a feeble apology and removed all such

photographs.

Apart from downloading and using photographs,

making painting out of photographs is another form of

infringement. A painting made from a photograph is

known as a derivative work. But that doesn't mean one

can simply make a painting from any photographwithout permission of the owner.

Only the owner of copyright in a work has the right to

prepare, or to authorize someone else to create, a new

version of that work.

Hence, think before you download photographs from

internet as you may be infringing copyright. Safest options

are either seek permission from copyright owner in

writing, preferably in the form of a license agreement to

use photograph or refrain from using the same.

Photograph Courtesy: Udit Sharma

DID YOU KNOW?

The history of patents and patent laws started in Italy with

a Venetian Statute of 1474 which was issued by the

Republic of Venice. They issued a decree by which new

and inventive devices, once they had been put into

practice, had to be communicated to the Republic in order

to obtain legal protection against potential infringers. The

period of protection was 10 years. Patents, however,

existed before the Statute of 1474. In England grants in the

form of letters patent were issued by the sovereign to

inventors who petitioned and were approved: a grant of

1331 to John Kempe and his Company is the earliest

authenticated instance of a royal grant made with the

avowed purpose of instructing the English in a new

industry.

The first legislation in India relating to patents was the Act

VI of 1856. There were several amendments to it but

Indian Patents and Designs Act, 1911 (Act II of 1911)

replaced all the previous Acts. Patents Act, 1970 was passed

based on Justice N. Rajagopala Ayyangar Committee

recommendations. This Act repealed and replaced the 1911

Act so far as the patents law was concerned. However, the

1911 Act continued to be applicable to designs. Most of the

provisions of the 1970 Act were brought into force on 20th

April 1972 with publication of the Patent Rules, 1972.

Amendments (in 1999, 2002, 2005 and 2006) were

necessitated by India's obligations under TRIPS, allowing

product patents in drugs and chemicals.


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Cipla wins patent opposition against Pfizer's

cancer drug

Indian patent office has revoked US-based Pfizer's patent

for cancer drug Sutent in India. The patent office has

rejected Pfizer's claim for the patent over Sutent, for the

reason that patent does not involve any inventive step and

hence not patentable. The post-grant opposition for the

same was filed by Mumbai-based Cipla and Natco Pharma.

Against the decision, Pfizer India is likely appeal before

Intellectual Property Appellate Board (IPAB). Pfizer, which

was granted a patent for its kidney cancer drug Sutent

(sunitinib), launched the drug at a price of Rs 1.96 lakh for

a 45-day treatment, though Pfizer offers it with discounts

to some under its patient access programme. Cipla has

priced its copy of the drug, branded Sunitib, lower by

almost one-tenth.

Sutent, which is used to treat liver and kidney cancer, was

granted a patent in India in 2007. Two years later, Natco

applied for a compulsory licence for manufacturing and

exporting a generic version of the drug, but had to

withdraw the submission.

NEWS FROM INDIAN PATENT OFFICE

Walk-in-interview regarding Contract Examiner

http://www.ipindia.nic.in/iponew/walk_in_Interview_31Octob

er2012.pdf

Applications are invited for 6 posts of Examiner of Trade

Marks to be filled up on Contract basis in Trade Marks

Registry on a consolidated pay of Rs. 25,000/- per month.

Walk-in-interview scheduled to be held on 30, November,

2012 from 10.00 a.m. to 5.00 p.m. in the office of

Controller-General of Patents Designs & Trade Marks,

Boudhik Sampada Bhavan S.M. Road, Antop Hill, Mumbai

400 037. Candidates must be below the age of 30 years (35

years in case of SC/ST and 33 years in case of OBC andshould possess a degree in Law from a recognized

University with at least 3 years legal experience as on the

date of interview.

PATENT NEWS

Patent related to traditional knowledge revoked

in India

Government of India revoked the patent granted to aleading biotechnology company, Avesthagen on the

grounds of being mischievous and prejudicial to the public.

This patent was granted in April 2012 for synergistic

ayurvedic/ functional food bioactive com position. The

patent was for the composition consisting of jamun,

lavangpatti and chundun and this composition was to be

used for treatment of diabetes. The patent was revoked

with respect to Section-66 of Patents Act, 1970 which says:

Revocation of patent in public interest, where the

Central Government is of opinion that a patent or the

mode in which it is exercised is mischievous to the

State or generally prejudicial to the public, it may,

after giving the patentee an opportunity to be heard,

make a declaration to that effect in the Official Gazette

and thereupon the patent shall be deemed to be

revoked.

The government has revoked the patent using a rarest of

rare provision in the Patents Act saying it was an integral

part of traditional medicine. It has said that the patent

was mischievous to the state and generally prejudicial to

the public as the treatment was an integral part of

ayurveda, unani and siddha system of medicine.

The present patent controversy is proving to be a major

embarrassment, given that India has for long fought for

protecting traditional knowledge and genetic resources

and sought to check piracy of ayurvedic and other

traditional forms of medicine. What is even more curious

is how the Indian Patents Office gave the protection after

the government had successfully got European authorities

to turn down the application two years ago.
http://www.ipindia.nic.in/iponew/walk_in_Interview_31October2012.pdfhttp://www.ipindia.nic.in/iponew/walk_in_Interview_31October2012.pdfhttp://www.ipindia.nic.in/iponew/walk_in_Interview_31October2012.pdfhttp://www.ipindia.nic.in/iponew/walk_in_Interview_31October2012.pdfhttp://www.ipindia.nic.in/iponew/walk_in_Interview_31October2012.pdf


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INTERESTING PATENT OF THE MONTHTitle of the invention: Hurricane Bed

US Patent Issued In 1985

Hurricanes and tornadoes, two of Mother Nature's most

powerful forces. They can rip your home to shreds, and

you need a safe place to hide. So our wind resistant

inventor devised his own little sardine can, the Hurricane

Bed! This giant safety drawer features sturdy steal beams

that are bolted to the floor. When you get wind of high

winds, don your best smoking jacket and climb on in.

There's a heavy duty latch for a total drawer lockdown,

although safety belts are not included. This idea could

work wonderfully well if we weren't completely

claustrophobic. And don't forget your blankey!

Origiin IP Academy announces One month Class-room Certificate courses on patent searches:

A. PATENTIBILITY OR NOVELTY SEARCH

B. FREEDOM TO OPERATE SEARCH

C. VALIDATION/INVALIDATION SEARCH

D. PATENT SPECIFICATION DRAFTING

UNIQUE FEATURES

Class room Sessions by experts Hands on to understand practical aspects Study material and Dictionary on Indian Patent law Project work

WHO SHOULD JOIN

The courses are useful to any person keen to pursuecareer in IPR, fresh students as well as working IP Professionals who want to enhance skills and experience in performing various kinds of patent searches.

DATE OF COMMENCEMENT

Batch 1: 7th December 2012 to 2nd January 2013 Batch 2: 9th January 2013 to 4th February 2013

NUMBER OF SEATS

Limited seats of 6-8 for each course

HOW TO REGISTER?

Mail us at [email protected] or [email protected] to book your seat and get registration form.
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]

Documents

Origiin Newsletter Nov 2012