Presented by:

Kunal Rajput
MBA-2
6129
BACKGROUND
Since independence till 1990s, the Indian
industry faced limited competition from within and
outside the country. There were little incentives or
pressures to innovate. Similarly, national
research laboratories and academia had freedom
to select their own research areas, which often
turned out to be open-ended. Added to this, the
protected market, centralized Government
supported science and
technology systems and administrative controls
inhibiting changes made the development
process slower.
INTRODUCTION
Developments in information and communication
technologies have brought about new methods of
producing and disseminating information in a new
format i.e., digital format.
Information is being produced, processed, stored in
digital form and distributed over electronic networks,
such as the Internet and on CD-ROMs. Digital
bibliographic and full text databases can be accessed
over electronic networks and on DC-ROMs. Creation
and dissemination of digital information has resulted
in new challenges and concerns regarding the
protection of intellectual property rights works.


Financial
Incentive
s
Economic
Growth
Creativity &
Innovation
Categories of
IP rights
Utility model/Designs
Plant Breeders
rights
Geographical
Indications
Trade secrets
Trademark &
domain names
Copyright
Patent
NATURE OF
IPR are largely territorial rights except
copyright,which is global in nature in the sense
that it is immediately availaible in all the members
of Berne Convention. These rights are awarded
by the State and are monopoly rights implying
that no one can use them without the consent of
right holder.

IPR can held only by legal entities i.e; who have
the right to sell and purchase property.
PATENT
A Patent is a legal monopoly, which is granted
for a limited time by a country to the owner of an
invention. Merely to have a patent does not give
the owner the rights to use or exploit the patented
invention. That right may still be affected by other
laws such as health and safety regulation, or the
food and drugs regulation or even by other
patents. The patent, in the eyes of the law, is a
property right and it can be given away, inherited,
sold, licensed and can even be abandoned. As it
is conferred by the government, the government,
in certain cases even after grant or even if it has
been, in the meantime, sold or licensed, can
revoke it.

Patents Act of
1970

The Patents Act 1970 was amended in 1999
passed by the Indian Parliament on March 10,
1999 to amend the Patents Act of 1970 that
provides for establishment of a mail box system
to file patents and accords exclusive marketing
rights for 5 years. The Patent (second
amendment) Bill 1999, further amend the Patent
Act 1970 and make it Trade-Related Intellectual
Property (TRIP) compliant was introduced in
December 1999.
COPYRIGHT
Copyright is a legal term describing rights given
to creators for their literary and artistic
works.

Copyright gives protection for the expression of
an idea and not for the idea itself. For example;
many authors write textbooks on management
covering various aspects like
leadership,sales,motivation,technology etc. Even
though these topics are covered in several books
by different authors, still each author will have a
copyright on the book written by him/her.
Types of Copyright
Infringement
Direct Infringement
It is wholesale reproduction and distribution of
Copyrighted works
Contributory Infringement
It occurs when someone knowingly
encourages infringing activity
Vicarious Infringement
When for financial benefit the operator in spite
of his ability to control and check
infringements deliberately restrains from
checking the users from committing such acts-
TRADEMARK
A trademark is a distinctive sign which
identifies certain goods or services as those
produced or provided by a specific person or
enterprise.

Its origin dates back to ancient times, when
craftsmen reproduced their signatures, or
marks on their artistic or utilitarian products.
Over the years these marks evolved into
todays system of trademark registration and
protection. The system helps consumers
identify and purchase a product or service
because its nature and quality, indicated by its
unique trademark, meets their needs.

Indian Trademarks Act,1999
Registration of service marks, collective marks
and certification trademarks.
Increasing the period of registration and renewal
from 7 years to 10 years.
Allowing filling of single application for
registration in more than one class.
Enhanced punishment for offences related to
trademarks.
Simplified procedure for registration of registered
users and enlarged scope of permitted use.
Constitution of Appellate Board .
GEOGRAPHICAL INDICATION
Geographical Indications of goods are defined as that
aspect of industrial property which refer to the
geographical indication referring to a country or to a
place situated therein as being the country or place of
origin of that product.
Typically, such a name conveys an assurance of
quality and distinctiveness which is essentially
attributable to the fact of its origin in that defined
geographical locality, region or country.

Examples of possible Indian
Geographical Indications

Basmati Rice
Darjeeling Tea
Kanchipuram Silk Saree
Alphanso Mango
Nagpur Orange
Kolhapuri Chappal
Bikaneri Bhujia
Agra Petha
Goa Feni

Geographical Indications of Goods
(Registration & Protection) Rules, 2002

India, as a member of the World Trade Organization
(WTO), enacted the Geographical Indications of
Goods (Registration & Protection) Act, 1999.

Under provisions of Articles 1 (2) and 10 of the
Paris Convention for the Protection of Industrial
Property, geographical indications are covered as
an element of IPRs.
CASE STUDY
SCOTCH WHISKY
ASSOCIATION
VS
GOLDEN BOTTLING LIMITED
CASE FACTS
Scotch Whisky Association
Registered as a company in the United Kingdom
Scotch whisky is known worldwide as a whisky produced in
Scotland and is advertised as such.
Placed on record the Scotch Whisky Act, 1988 enacted in the
United Kingdom. Section 3(1) of the Act defines Scotch
whisky.

Golden Bottling Limited
Manufacturing and selling 'Red Scot' Whisky.

The name 'Red Scot' whisky gives an impression that it is
Scotch whisky

Cont
Defendant did not respond for legal notices (advising it not
to use the word 'Scot' in its whisky) sent by the Plaintiff on
30th September, 2000 & 26th May, 2001.

Later on, there was no availability of 'Red Scot' whisky

June, 2003, the Plaintiffs again came to know that 'Red
Scot' Whisky was being sold

Affidavit was submitted by learned Counsel for the
Plaintiffs that under the WTO TRIPS Agreement,
protection is provided for geographical indications.

JUDGMENT
Defendant and those acting under the Defendant are
restrained from using the word 'Scot' or any other word
similar thereto in the whisky manufactured and sold by
the Defendant.

Plaintiffs have also prayed for damages to the extent of
about Rs. 5 lakhs for the 'offence' of passing off
committed by the Defendant

IPR Activities

1.) Policy:
Software Patenting etc being developed and will
be submitted to DIPP.
To work with Ministry of Industry/DIPP on the next
amendment of Patents Act
To fall in line with TRIPs/WTO.
To discuss and take up key issues in other
intellectual property area
To discuss/take up policy issues connected to
enforcement of IP

IPR Activities
2.) Major events :
Technology, Innovation & IPR Weeks
National Seminar on Enforcement of Copyrights,
Nov 2010, New Delhi
International Conference on Creativity & Invention
: Next Major Economic IPR Activity, March 2009,
New Delhi.
International Conference on IPR in
September,2009
IPR Activities
3.) Awareness / Training Programmes
Seminar on PCT
Training Programme on Management of
Intellectual Property
Training Programme on IP Valuation &
Taxation/Amortisation
Training Programme on Patent Drafting/Patenting
process
Can the Registration of IPR
cancelled or Revoked ?
Yes !!
In case the registration has been obtained by;
Fraud
Misrepresentation
Wrongly
Against the rights of some other party / opponent
Registered by the Registrar erroneously
Registration prohibited under some law
Registration is against public policy or morals

Country PCT fillings % growth Ranking
CHINA 752 10.1 4
KOREA 624 18.5 9
INDIA 557 21.7 15
S.AFRICA 456 11.3 21
MEXICO 344 14.7 27
PCT Rankings of developing
countries

Office of the Controller General of
Patents, Designs and Trade Marks
Office of the Controller General Of
Patents, Designs &Trade Marks

C.G.O. Building, 101, Maharshi
Karve Road,
Mumbai Pin-400 020

(91)(22) 22017368 (91)(22)22039050
Fax:(91)(22) 22053372
OFFICE
NAME-


OFFICE
ADDRESS-


OFFICE
PHONE / FAX
/
EMAIL /
TELEGRAM-

IPR Management helps to integrate the
institutions innovation process with a wide range
of R&D partnerships.
Institutional IPR encourages partnership with
other developers especially with SMEs in the
innovation supply chain.
Avoid duplication and manage funs for R&D
effectively
Achieving the VISION and MISSION of the
Institution.
Stimulation of creativity and inventiveness
through Framework for Competence and
Knowledge Building.
Academic Freedom to operate in a global
environment.