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Ipr Q&a
Ipr Q&a
Unlike any tangible assets which can be locked in, fenced in or nailed down,
intangible assets, in contrast, are always publicly available and can be easily
copied or imitate by anyone. Though, in a few cases, self-protection is possible by
intermingling tangible assets with intellectual property.
Intellectual Property rights have added the intrinsic value to all kinds of products,
as unique creation and ideas are becoming a more and more important aspect of
any business. Nowadays, illegal use of unique ideas generated by other person
has become one of the most common crimes these days. However, there are many
businesses which still fail to realize the IP value and risks associated with it, even
when an IP asset reckons for the high percentage of the company’s value. Thus,
not taking any punitive measure for IP protection could be detrimental to the
overall growth of the business.
Intellectual Property is a general term used for a set of intangible assets owned by
any individual person or company. An IP asset aims to offer the same protective
rights as any other physical property, because of its ability to provide companies
with the same competitive advantages. It has now become even more important
in a web-based environment, as doing replication of any unique design, logo, or
feature is comparatively easier than ever before.
Ideas on their own have little value or no value. IP has great untapped potential to
turn your ideas into commercially successful goods and services. Registering your
patients and copyright can result in a steady stream of royalty and extra revenue,
which can improve the overall business bottom line.
Intellectual Property is crucial for creating a unique identity for the business. It
helps to differentiate the goods and services of one company from the other in
the market and to easily promote them to the target customers.
A person can monetize the IP assets through sale, licensing or can use them as
collateral for debt financing. Furthermore, IP registration is also very useful to
apply for government or public funding, loans and subsidies.
When any person has a unique idea or creation, there will always be people who
will try to replicate that idea or creation for monetary gains. Hence, it is crucial to
secure the IP assets before they are illegally infringed by any third party. IP
protection can be taken for all kind and size of business. So, after analyzing the
business need and circumstances, a person can decide which Intellectual Property
Protection (trademark, copyright, or patent registration), can be used for covering
different areas of Intellectual Properties
It is very crucial for small size business to shield their unique products or services,
which can be used by the competitors for taking away the market share, resulting
in steady growth and sales. Losing a market share in the initial stage in a business
can be hazardous to its business health in the long-term.
Q 2. Trade Marks law does not only protect the trademarks of
companies but also protects the interest of consumers.
Explain the purpose of Trademark law.
Customers viewing a trademark immediately know who they are dealing with, the
reputation of your business and are less likely to look for alternatives. Your brand
could be the critical factor in driving a customer’s purchase decision.
3. Trademarks allow businesses to effectively utilize the Internet and social media.
Your brand is the first thing customers enter into a search engine or social media
platform (Facebook, Twitter, Pinterest) when looking for your products and
services.
4. Trademarks are a valuable asset. Trademarks can appreciate in value over time.
The more your business reputation grows, the more valuable your brand will be.
Trademarks provide value beyond your core business. Trademarks can lead the
way for expansion from one industry to another, such as from personal care to
clothing or eye ware. If you desire it, your trademark can lead to the acquisition of
your business by a larger corporation.
Trademarks are a property asset, similar to real estate, that can be bought,
sold, licensed (like renting or leasing) or used as a security interest to secure a
loan to grow your business.
5. Trademarks can make hiring easier. Brands can inspire positive feelings in
people’s minds. As a result, employment opportunities are more attractive to
candidates. Employee retention can be higher if employees have positive feelings
for the brand and the products and services offered.
6. Trademarks are a bargain to obtain. The United States Patent and Trademark
Office charges as little as $275 to obtain trademark registration, only a few
hundred dollars after five years and another few hundred dollars every ten years.
7. Trademarks never expire. Your trademark will not expire as long as you are
using it in United States commerce. Some of the most recognized brands in the
United States today have been around for over a hundred years. Mercedes was
first registered in 1900. Pepsi-Cola was registered in 1896.
Brands are a critical asset. Do your due diligence before investing a lot of time and
money in launching a new brand. Be sure the brand fits your company. Obtain a
clearance search to make sure your new brand is available and doesn't infringe on
anyone’s prior rights.
Keep in mind that the more you differentiate your brand from others in your
industry, the easier it'll be to protect. Choose a name and logo that distinctly
identify your business and will protect it from competitors.
Ans: copyrights are generally owned by the people who create the works of
expression, with some important exceptions:
When two or more authors prepare a work with the intent to combine their
contributions into inseparable or interdependent parts, the work is considered
joint work and the authors are considered joint copyright owners. The most
common example of a joint work is when a book or article has two or more
authors. However, if a book is written primarily by one author, but another author
contributes a specific chapter to the book and is given credit for that chapter,
then this probably wouldn’t be a joint work because the contributions aren’t
inseparable or interdependent.
The U.S. Copyright Office considers joint copyright owners to have an equal right
to register and enforce the copyright. Unless the joint owners make a written
agreement to the contrary, each copyright owner has the right to commercially
exploit the copyright, provided that the other copyright owners get an equal
share of the proceeds.
Can two or more authors provide contributions to a single work without being
considered joint authors for copyright purposes
Yes. If at the time of creation, the authors did not intend their works to be part of
an inseparable whole, the fact that their works are later put together does not
create a joint work. Rather, the result is considered a collective work. In this case,
each author owns a copyright in only the material he or she added to the finished
product. For example, in the 1980s, Vladimir writes a famous novel full of
complex literary allusions. In 2018, his publisher issues a student edition of the
work with detailed annotations written by an English professor. The student
edition is a collective work. Vladimir owns the copyright in the novel, but the
professor owns the annotations.
What rights do copyright owners have under the Copyright Act
Yes. When a copyright owner wishes to commercially exploit the work covered by
the copyright, the owner typically transfers one or more of these rights to the
person or entity who will be responsible for getting the work to markets, such as a
book or software publisher. It is also common for the copyright owner to place
some limitations on the exclusive rights being transferred. For example, the
owner may limit the transfer to a specific period of time, allow the right to be
exercised only in a specific part of the country or world, or require that the right is
exercised only through certain media, such as hardcover books, audiotapes,
magazines or computers.
Novelty
This means that your invention must not have been made public –
not even by yourself – before the date of the application.
Inventive step
Industrial applicability
This criterion implies that it must be possible to actually
manufacture the new invention. In other words, you can apply for a
patent on a new kind of playing card that is easier to hold than
existing cards. But you can’t obtain a patent for an idea for a new
card game.
The procedure for obtaining a patent in India starts even before a patent
application is filed with the patent office in India.
Before filing a patent application in India or in any other country, the first
step (optional but recommended) in the patent registration process is to
perform a detailed patentability search to determine the chances of
getting a patent. The search should ideally be performed for both patent
and non-patent references.
If the invention is still in the development mode and tests are underway,
it is a good idea to quickly file a provisional application to block the all-
important filing date. Filing of the provisional application gives you 12
months of time to test and finalize your invention and file the complete
application.
It is best to work with a patent agent with the expertise and experience in
working and prosecuting patent applications in your area of technology.
Since it may not be very easy to find quality patent professionals for your
area of technology, you can seek free assistance from experts at
Zatalyst.com in helping you finding quality patent professionals and law
firms for each and every patent requirement you may have.
First filing in India – Once the patent application is drafted, the next step
is to file the patent application in India and secure the filing date. In case
you are filing a provisional application first, you need to file the complete
application within 12 months from the provisional filing date.
Each application for a patent which is filed with the Indian patent office
needs to be accompanied by the forms provided below:
Secrecy directions have been imposed under the patent act. Secrecy
directions are imposed if the invention falls in a category publication of
which could be against the interest of the nation.
A complete application was not filed within 12 months from the date of
filing of the provisional application
If you wish to fast track your patent application even further and jump the
examination queue, you can file a request for expedited examination
(Form 18A). However, an expedited examination is only available to the
applicant if the applicant is either a startup; or the applicant chose the
Indian Patent Office as the International Search Authority (ISA) or
International Preliminary Examining Authority (IPEA) during their
international application (PCT application).
On the contrary, you may sometimes not want to get your application
examined early for strategic reasons. Reasons for deferring the request
could include extending the patent-pending life, waiting for funding, etc.
Once, the Request for Examination has been filed, it will eventually land
up on the desk of the examiner from the relevant technology background
for examination. During the examination process, the examiner will
scrutinize the application to ensure that the application is in accordance
with the patent act and rules. The examiner also performs a search to
understand similar technologies to ascertain if the invention would satisfy
the patentability criteria.
Step 7 – Renewal
After the patent has been granted, it has to be renewed every year by
paying the renewal fee. A patent in India can be renewed for a maximum
period of 20 years from the patent filing date.
Until recently India did not have a specific law governing Geographical
Indications of goods, which could adequately protect the interests of
producers of such goods. Unless a Geographical Indication is protected in
the country of its origin, there is no obligation under the Agreement on
Trade Related Aspects of Intellectual Property Rights (TRIPS) for other
countries to extend reciprocal protection. In view of this, it was
considered necessary to have a comprehensive legislation for registration
and for providing adequate protection for Geographical Indications.
Thus,the government enacted a pertinent legislation, namely, the
Geographical Indications of Goods (Registration and Protection) Act,
1999. The legislation is administered through the Geographical Indications
Registry under the overall charge of the Controller General of Patents,
Designs and Trademarks. This Act, along with the Geographical Indications
of Goods (Registration and Protection) Rules, 2002 came into force on
September 15, 2003.
Each of the aforesaid commodities, which have been granted the status of
Geographical Indication, possess distinct features related to their
respective territories. For example, Monsoon Malabar coffee has a
yellowish tinge due to its exposure to the sea winds for nearly six months
in a year. Malabar pepper is grown exclusively in Thalassery and other
northern parts of Kerala. Its corns are larger than the typical black pepper
corns with a dark brown colour. It is very aromatic and pungent, and the
most complex, balanced and elegant of peppers.
Ans: Zoro Pharma product is not qualify as patent because it could not
fulfil the essential condition for valid patent as follow and also come
under those product which is not patentable accoding to this act
Ans: INTRODUCTION
Protection of Geographical Indication (GI) has, over the years, emerged as one of
the most contentious IPR (Intellectual Property Rights) issues in the realm of the
WTO’s Agreement on Trade Related Aspects of Intellectual Property Rights
(TRIPS). TRIPS defines GI as any indication that identifies a product as
originating from a particular place, where a given quality, reputation or other
characteristics of the product are essentially attributable to its geographical origin.
Also a geographical indication (GI) gives exclusive right to a region (town,
province or country) to use a name for a product with certain characteristics that
corresponds to their specific location.
The Geographical Indications of Goods (Registration and Protection) Act, 1999
protect the GI’s in India. Registration of GI is not compulsory in India [4]. If
registered, it will afford better legal protection to facilitate an action for
infringement.
NEED FOR LEGAL PROTECTION OF GI
Given its commercial potential, legal protection of GI assumes enormous
significance. Without suitable legal protection, the competitors who do not have
any legitimate rights on the GI might ride free on its reputation. Such unfair
business practices result in loss of revenue for the genuine right-holders of the GI
and also misleads consumers. Moreover, such practices may eventually hamper
the goodwill and reputation associated with the GI.
10 geographical indications tagged products in India along with their genre and
place.
Kashmir saffron
The unique characteristics of Kashmir saffron are its longer and thicker
stigmas, natural deep-red colour, high aroma, bitter flavour, chemical-free processing,
and high quantity of crocin (colouring strength), safranal (flavour) and picrocrocin
(bitterness).
It is the only saffron in the world grown at an altitude of 1,600 m to 1,800 m
AMSL (above mean sea level), which adds to its uniqueness and differentiates it from
other saffron varieties available the world over.
Sohrai Khovar painting
The Sohrai Khovar painting is a traditional and ritualistic mural art being
practised by local tribal women in the area of Hazaribagh district of Jharkhand.
The painting is primarily being practised only in the district of Hazaribagh.
However, in recent years, for promotional purposes, it has been seen in other parts of
Jharkhand.
It is prepared during local harvest and marriage seasons using local, naturally
available soils of different colours in the area.
Traditionally painted on the walls of mud houses, they are now seen on other
surfaces, too.
The style features a profusion of lines, dots, animal figures and plants, often
representing religious iconography.
In recent years, the walls of important public places in Jharkhand, such as the
Birsa Munda Airport in Ranchi, and the Hazaribagh and Tatanagar Railway Stations,
among others, have been decorated with these paintings.
Telia Rumal
Telia Rumal cloth involves intricate handmade work with cotton loom displaying
a variety of designs and motifs in three particular colours — red, black and white.
The Rumal can only be created using the traditional handloom process and not
by any other mechanical means as otherwise, the very quality of the Rumal would be
lost.
During the Nizam’s dynasty, Puttapaka, a small, backward village of the
Telangana region of Andhra Pradesh had about 20 families engaged in handloom
weaving, who were patronized by rich families and the Nizam rulers.
The officers working in the court of the Nizam would wear the Chituki Telia
Rumal as a symbolic representation of status.
Telia Rumals were worn as a veil by princesses at the erstwhile court of the
Nizam of Hyderabad, and as a turban cloth by Arabs in the Middle East.
Chak-Hao
Chak-Hao, the scented glutinous rice which has been in cultivation in Manipur
over centuries.
It is characterized by its special aroma. It is normally eaten during community
feasts and is served as Chak-Hao kheer.
The application for Chak-Hao was filed by the Consortium of Producers of
Chak-Hao (Black Rice), Manipur and was facilitated by the Department of Agriculture.
Chak-Hao has also been used by traditional medical practitioners as part of
traditional medicine.
According to the GI application filed, this rice takes the longest cooking time of
40-45 minutes due to the presence of a fibrous bran layer and higher crude fibre
content.
At present, the traditional system of Chak-Hao cultivation is practised in some
pockets of Manipur.
Direct sowing of pre-soaked seeds and also transplantation of rice seedlings
raised in nurseries in puddled fields are widely practised in the State’s wetlands.
Gorakhpur terracotta
It is a candy made of peanuts held together with glistening syrup, and topped
with wisps of grated coconut dyed pink, green and yellow.
It is made using all natural ingredients such as the traditional and special
‘vellam’ (jaggery) and groundnuts and water from the river Thamirabarani is used in
the production, which enhances the taste naturally.
It is manufactured in Kovilpatti and adjacent towns and villages in Thoothukudi
district.
It is produced by using both groundnuts and jaggery (organic jaggery), in
carefully selected quantities from selected specific locations in Tamil Nadu.
Berne Convention for the Protection of Literary and Artistic Works (the Berne
Convention) An International copyright treaty called the convention for the protection of Literary
and Artistic works signed at Berne, Switzerland in 1886 under the leadership of Victor Hugo to
protect literary and artistic works. It has more than 145 member nations. The United States became
a party to the Berne Convention in 1989. The Berne Convention is administered by WIPO and is
based on the precept that each member nation must treat nation must treat nationals of other
member countries like its own nationals for purposes of copyright (the principle of “nation
treatment”). In addition to establishing a system of equal treatment that internationalized copyright
amongst signatories, the agreement also required member states to provide strong minimum
standards for copyrights law. It was influenced by the French “right of the author”.
Madrid Protocol It is a legal basis is the multilateral treaties Madrid (it is a city situated in Spain)
Agreement concerning the International Registration of Marks of 1891, as well as the protocol
relating to the Madrid Agreement 1989. The Madrid system provides a centrally administered
system of obtaining a bundle of trademark registration in separate jurisdiction. The protocol is a
filing treaties and not substantive harmonization treaty. It provides a cost-effective and efficient
way for trademark holder. It came into existence in 1996. It allows trademark protection for more
than sixty countries, including all 25 countries of the European Union.
Paris Convention The Paris convention for the protection of Industrial Property, signed in Paris,
France, on 20th March 1883, was one of the first
Intellectual Property treaties, after a diplomatic conference in Paris, France, on 20 March 1883 by
Eleven (11) countries. According to Articles 2 and 3 of this treaty, juristic (one who has through
knowledge and experience of law) and natural persons who are either national of or domiciled in a
state party to the convention. The convention is currently still force. The substantive provisions of
the convention fall into three main categories: National Treatment, Priority right and Common
Rules.
An applicant for a trademark has six months after filing an application in any of the more than 160
member nations to file a corresponding application in any of the other member countries of the
Paris Convention and obtain the benefits of the first filing date. Similar priority is afforded for utility
patent applications, although the priority period is one year rather than six months. The Paris
Convention is administered by WIPO.
North American Free Trade Agreement (NAFTA) came into effect on January 1, 1994,
and is adhered to by the United States, Canada, and Mexico. The NAFTA resulted in some changes
to U.S. trademark law, primarily with regard to marks that include geographical terms. The NAFTA
was built on the success of the Canada-U.S Free Trade Agreement and provided a compliment to
Canada’s efforts through the WTO agreements by making deeper commitments in some key areas.
This agreement has brought economic growth and rising standards of living for people in all three
countries.
General Agreement on Tariffs and Trade (GATT) was concluded in 1994 and is adhered
to by most of the major industrialized nations in the world. The most significant changes to U.S
intellectual property law GATT are that nonuse of a trademark for three years creates a
presumption the mark has
been abandoned and that the duration of utility patent is now twenty years from the filing date of
the application (rather than seventeen years from the date the patent issued, as was previously the
case).