ABOUT THE SESSION

An informative workshop on ‘Intellectual Property Rights’ was organised on 16th January,

2019 at PEC. The event was organised by the EIC society of PEC in collaboration with Bansal
IP Associates. Dr. Parikshit Bansal and Ms. Kampal Bansal delivered the lecture and shared
knowledge about trademarks, patenting, and various procedures for filing the same.

INTELLECTUAL PROPERTY RIGHTS (IPRs)

Intellectual Property Rights (IPRs) are the absolute rights over the creation of a mind.
Creators have IP rights over their work, such as lyrics, paintings etc without the need of
formalities, i.e. Registrations.

IPRs are important because they can help you set your business apart from competitors, and
form an essential part of your marketing or branding. IPRs be sold or licensed, providing an
important revenue stream, offering customers something new and different.

There are roughly seven kinds of IPRs, namely patents, copyrights, trademarks, trade
secrets, geographical indication, industrial designs and plant variants.

TRADEMARKS
A trademark is a distinctive recognisable sign, expression, or a design, which identifies
products or services of a particular source from those of others. The trademark owner can
be an individual, business organization or any legal entity.

There are various types of trademarks:

WORD MARKS: Word marks may be letters or numerals.

DEVICE MARKS: A unique representation of a word, letter or numerical.

SERVICE MARK: Mark that distinguishes the services of one person from another.

COLLECTIVE MARKS: Marks used by a group of companies to inform the public about a
particular feature of the product.

CERTIFICATION MARKS: Certification marks are used to define standards.

UNCONVENTIONAL TRADEMARKS: These get recognition for their inherently distinctive

feature. They can colour trademarks, sound marks, shape marks or smell marks.

FILING TRADEMARKS
It is advisable to conduct a pre-registration search at the Trade Mark Registry to find out
deceptively similar and confusing marks already existing on the Trade Mark Registry. The
search is conducted so that the proprietor is aware of the probable objections or
oppositions that may be initiated against the prospective trademark.

An application is to be filed under the Trademarks Act and the Trademarks Rules. The
following documents are required for the filing of an Application, with respect to a used or
proposed Trade Mark or Service Mark:

Application for Registration- Full description of the Applicants to be provided.

USER DETAILS – The user date should denote the month and date of first use in India.
Conversely it can be on “proposed to be used” basis.

POWER OF ATTORNEY- To be filed along with the application duly executed by the Applicant
in favour of the trademark attorney.

PATENT
A patent is a right granted to the creator by the government body, that permits the creator
to exclude others from producing, selling, or using the invention, usually for a fixed period of
time. There are broadly three requirements for anything to be patentable, namely

NOVELTY: The invention should not have been patented before, or in prior knowledge or
use.

INVENTIVE STEP The invention should involve technical advancement as compared to

existing knowledge.

CAPABILITY of Industrial Application: The invention should be capable of being made of used
in industry.