Pct

This is the first international treaty on the subject matter of patents. Before this there was no such
treaty which exist on the subject matter global patent protection. This the first international law
mention the

Through which it is possible to get IT protection. The applicant has to make an application file the
domestic application first and after the lapse of 12 months from the date of filling the application will be
transferred to the international patent office. The Pct is administered by the it is patent filling system
and it does not grant the patent proection. The decision of grating the patents is vested with the local or
regional office.

After the application has been received by the Pct office the international search of the innovation will

On the basis of this search and international report is search and a written opinion is given to the PCT
office. After the international search report and inter publication is done. The purpose behind
international publication anybody case objection on application than wrote before the PCT office.

The PCT process provides for the optional international search and anybody who wants to join take the
search again can ask for the same. There is an option another preliminary exam through which it is
possible ask for the examination of the application on the international level. Once the international
process is complete the application re-enter the national phase and then it’s at the discretion of national
patent office to grant or to not grant the patent protection

Note The benefit of the PCT process is that it helps in encouraging global recognition of the innovation.
The term of entire process to complete is 36 month it means that the application has to be processed
probe by the national ad intern PCT office with this span of time

When the application is filled the applicant also filled description, one more claims, abstract, one or
more drawings, and payment of prescribed fees only after his application has been filled

Here are the following advantage for the PCT process

 There is only one set of formalities required full filled of the offices and that to be in one language
only.
 The international search provides for written opinion of the international search being conducted
 It is the because of the PCT that there this is international publication of the application of patent
 The international preliminary examination report which is optional is then transferred to the
national PCT office.
 It postpone additional cost and provides for additional time for the grant of patenting
 It provide for patenting.
 The international application have to be filled before the local or national patent office
 Directly with the international bureau office of the wipo
 The application can also be filled regional patent office e.g the European patent office.
India join the pCT in 1998 yr. This pct was signed by India after it became the part of Paris convention of
1883. Under the Paris convention a grace period of 12 months has been provide to inventor it is because
it allowed the innovator to filled the application in another jurisdiction and it ease the process of seeking
global patent recognition .

Emerging issues

Neo technology

Artificial

Biotechnology

Ethical issue into bio chemical

FILLING of patent section 14to 23 patent act (plant variety protection act)

Process of registration

Dispute settlement under WTO

Module 3

Concept objective and registration

Was enacted in order to give effective system for the protection of plant, right for farmer and

This law is enacted to encourage the development of new variety this was important because the law
provided recognition and protective right of farmer for the contribution made by them. In improving
plant r and in making the new variety of plants. This law was required to accelerate the agriculture
level in the country and where ever there is necessary to protect the rights of plant breeder. In order to
stimulate the investment in the field of research and development both in the public and private sector.
So that the new variety of plants can be developed. This also help in facilitating the growth in the seeds
industry in the country because it help in ensuring the availability of high quality of seeds and planting
material to farmer.

By virtue of this law government can take undertake measure necessary for the protection the rights of
farmer and plant breeder.

There certain essential of definition given under the law

Section 2 (i)

2 (j)

2(K)

2(L)

The process of registration of variety of plant is provided under chapter 3 section 14 to 23

Essential condition to be satisfied before filling the application

Novelty

Distinction (feature which is not be found in other variety of plant)

Uniformity (plant variety give the same result as they give before)

Stability (if the variety is not able to survive or easily catching diseases) regard to performance

 Term of protection for plant is 15 extended variety trees 18 vine 18 years

 Section 25 mention the list of varieties of authorities

Anuj kumar bhati v. sony enterainment tv 2010 (CCI)

Plant variety protection act

Essential condition of copyright

Unpublished

Original

Plant variety protection law requires that the farmers breader researcher are given the protection for
the work done in the field of plant, trees and vines. The term of protection ranges from 15 to 18 year.
The reason why us plant variety protection law was enacted the 1992 the international community start
now came out with a global convention on bio diversity. This convention has three objectives

1. Conserve

On the plain reading of 3 obkectives on convention bio diversity one can come to conclusion to that they
pertain to be bio diversity and as result of which it is not necessary as certain law (bio diversity law
already existing) separate law plant variety protion law. Through the plant variety protection one can
understand the objective to protect the work done by the farmer breeder and researcher which pertain
to plant trees and vines.

The manage of plant variety protection law and patent law is different it is becz patent law governs the
scitfic innovation where as plant variety protection law govers plants trees and vines alone. Patent law
to cover the area of protection of india. Pvpl protect the farmers breeder and reseachers.

The ambit of patent act is broader than pvpl. the concept of fair

The concept of copyrighgt is not new it is becz

Earleir the work protected by the state becz the state

Section 14 6 division of copyright

Sec-13& 14 (imp.) of copyright act

Sec-15 of copyright act

Assignment, license and compulsory license

In case the ownership can be transferred by the owner to assignee

Difference between assignment and license

CL- the license issued by the govt. the owner is not interested not share with the public

The concept of CL mention under chapter 6 where in the license is issued by the owner of copyright on a
voluntary basis. If the voluntary license issued the terms and conditions are determined by the parties
i.e. licensor ( owner of copyright) licensee ( lessee) by the virtue of such licensing it is possible at right ,
part of right, rights or part of rights are licensed in the license. The requirement that the term of license
cannot be more than term of copyright of protection. In licensing can got court of law and seek
enforcement of the rights given by the license agreement are limited in nature and time and as a result
of which the licensee can seek enforcement of only those rights given under the license agreement for
all other rights it is the owner of copyright who can go court of law seek enforcement of right.

REGISTERATION OF COPYRIGHT

NOTE- The registration of copyright not mandatory under the copyright act of 1987. However it is better
if the registration is done.

Sec 50A

Function of copyright society are

1. It grants the license of copyrighted work in order to communicate perform or reproduce to the
public at large. * The copyright society describe the license fees through which the “scheme of
Paris” which is decided by the member of society. It is required that copyright society must
published on regular basis. E.g. The Indian performing right society, Indian phonography
industry 1936. Phonography performance limited 1941

2. It helps in identifying the place of copyright infringement and its initiate legal action against such
person.
3. The copyright society which helps in the collective administration of copyright on which the
management and protection of copyright in several work is under taken by the said society of
the authors and owners such other work.

The registration of copyright society is done only when it has minimum no. of 7 member into it.
The registration of copyright society continues to be impose for a term of 5 year which can be
renewed on a time to time basis.

Under section 30 of the act license can be issued by the owner of copyright in any work or prospective
work and U/S33 of the act copyright society are interested to issue license as for their norms. So the
copyright society have be power to act on behalf of the owner of copyright.
 Note- license can be issued even for future work provided the work shall come into existence. In case
the rights are violated after the death the copyright legal heir of such owner can go to court and enforce
the right. If the work is copyright after life+ 60 year then sec-57 of the act can be used and one can be
able to enforce the right despite the fact that the work has now come into public domain.

In the case of IPRS v. union of India and kamal hasan v. Union of India 2014

Neighboring Right- broadcasting, adaptation and translation

The copyright law give protection to the separation of idea where as patent law gives protection as per
s. the requirement for protecting the idea under the patent that idea should be manufactured in the
form scientific and technology knowledge which consisted as an new idea itself while innovator entitle
the such idea. This debate is popularly called as idea expression diastole. Every person can claim the
protection under copyright law for every subsequent expression it is because the copyright law give
protection to expression. The copyright law looks forward to an original work. However the requirement
of originality is not as high as it is there in the patent law. The copyright law allows protection even then
there is a modification of an alredy existing work. The only requirement in such a case is that the
subsequent author will have to eastablisee that how the work done by him or her is distict from them
previous author. If there is different expression of the same work by the same author tham such a case
such an author can claim the protection for all the different expression authored by him or her. However
if the work is expressed differently by different forms than all such author entitle for separate
expression.

The copyright law intense the protect the creative of the person and it is one of the biggest I right
because the area which are cover by this form of copyright are very vast and have longer span of
protection.

Broadcasting right have come into existence only with the admint talk information technology and they
were also considered as worthy for protection because they helped in making the work available to
public at large and originally such right they were not the part of copyright but with the advent of IT
such right asocial/ affiliated/neighbor to originally copyright.

BERNE CONVENTION

Minimum standard required in order to Protection under Berne convention

1. Every production in the literary scientific and artistic domain, whatever the mould or form of its
expression.

2. It treats that there are certain types of rights which are given under copyright- rights to
translation, is that the person who has written in the literature legal reason the person is
inclined to translate adaptation and arrangements in the concept of data (data compilation in
one place protect under copyright law, inform derived from Raw it is the arrangement of data) ,
performance in public, right to recite work in public, right to communicate to the public your
work access to public in large , right to broadcast, right to make reproduction sec-15 of
copyright act
 3. The duration of the protection- the Berne convention required that the protection should be for
the minimum of 50 year.

Chapter 8 section 37 to 39 A

Moral rights- moral rights are covered under 1957 ofv the copyright act 1957 and its is under this law
that the actual author ood=f the work is able to claim the right even after have come to an end that is
when the the copyright is sold by the owner of the copyright in favour of or the the term protection as
come also in the author of copyright can go to court and seek enforcement, if somebody else using the
work according to concept of oral right the actual author continues to be the owner of the work even
aften come to an end. The law recognizes the concept of moralty case and is not going to focus the legal
ownership of author the court does on the principle of equity recognizes the right of parties and the
same socept of equity can be found under sec 15 of copyright act.

Note the UCC wa brought enforce in 1955 and the indian copyright act came in the year 1957. As aresult
of this the influence of the UCC can be seam under the indian copyright act 1957.

berne convention established the wipo sectrait for the convention state. Thos convention was revised in
paris in 1886 in berlin 1908 complete in 1914 and in Rom 1928 brussel 1948 stockholm 1947 and

amended in 1979 the retification of the convention and the instrumesnt of accesstion deposited general

UCC 1962

This convention was enacted in the year 1962 at Geneva under ages of UNESCO and this convetion
came into enfoce 1955 there are following imot feature

The signitaor nation shold not accord domestic author favouable tratement then they authos of.
However in the convention no minimum either for domestic or for foreigh author shipilatetd

Convention required the formal copyright notic must appear in all the copy work and copyright symbol,
the name of the copyright owner, the year of first ublucation should be there. However it is at the
discretion of dectate to add other oprocural formalities but the condition is that such formalities should
not support more to there domestic author.

This convention provoded the minimum term of protection should be for life time of the author and 25
year of after the death of the author.

The contracting states to require to grant exclusion rights for a 7 year term subjet to the ssuance of
compulsory lcense under certain condition in order to blance copyright.

was revised in 1971 in which the concept of translation, broadcasting, reproduction. And public
performances was existing (these source are )

WIPO the WCT and TRIPS both came into force in the year1996 and after which the subject matter
protectable under the IPR regime were enlisted. However the mandate of TRIPS relates to all the form
intellectual property where as mandate of subject matter under the copyright law. The wipo copyright
treaty governed but itself whereas the trips is a part of the WTO regime. The TRIPS governs subject
matter covered under international law is WTC is a system through which the awareness and the
administration of copyright alone dealt with. The copyright require

Content

It’s a special agreement under the Berne convention which protect the works and the rights of the
author in the digital environment. This law requires that even of a country is not a member under the
paris convention of 1971then also it must comply to of Berne convention of 1886

The WTC requires to two subject matter should be protect under

1. Computer program, under this whatever the mode and expression are to be protected
2. Data completion material in which selection or arrangement of data and its content create the
intellectual data base. There are few rights which are governed under the Berne convention.
However they are recognize under the WTC. These rights are in addition to right given under
Berne convention. The rights granted under this convention are:- these are economic right
which are given to owner/ author of owner
1. Distribution right- under this the work is made available to the public either in the original or
in the form of copies by way of sale or by way of transfer of ownership

Rental right- it is to authorize commercial rental to the public for the original and copy of three
kinds of work- 1. Computer program- except in a case where the computer program in itself is
not the essential object of rent.
Simultaneous work it is only in the case where the commercial rental has led to the wide
copying of such a work and has substantially effected the exclusive reproduction right.
The works which are embodied in the phonogram as determined by the national-municipal law
of the member state
3. Broder right of communication- under this one has the right to authorize any communication to
the public through wire or wireless means and it includes the availability of the work to public in
a way that they can excess the work from a place and at time freely chosen by them.

ARTICLE 10 of WTC governs the limitation and by this a three step test is too followed. It is
provided under 9(2) of the Berne convention. The article 9 (2) of the Berne convention provides
that the author has right of reproduction and by this the copyright can be given only after the
work passes this three test step

1. They ( author) have exclusive right to authorize the reproduction of their work
2. It is the subject matter of municipal law making for the countries to permit the work in
special cases-
 However this reproduction should not be in conflict with normal exploitation of the
work and should not pre judiciary effect the legitimate interest of the author.
3. Any sound or visual recording is also to be considered as reproduction under this convention

Essential
The wtc require that term of protection must be 50 year for any kind of work. The
enjoyment and enforcement cannot be subjected to any sort of formalities.
The law require member state provide remedies against the encryption, the removal
or altering of such information this identifies with that data author which are
necessary of management of rights. E.g. license, the collection and distribution of
royalties. This is also called as right management information. This treaty was
enacted in the year 1996 and came into enforce in the year 2002 and assembly of
contacting state this convention this entails to maintain develop this treaty. The
administration task related to this treaty are done by the wipo secretariat. The member
state are required to adopt this treaty in their legal system with necessary to make
meet their local name and also ensure the full applicability of the act.

WPPT
This particular treaty deals with 2 kinds of beneficiary of digital age
1. Performance- actor, musician, singers
2. Producer of phonogram- persons, or legal entity which are involved is taking the
initiative and the responsibility for the fixation of sound
These are rights are given same instrument because rights given to performance are
connected to their fixed, aural performance. This the exclusive subject matter of
phonograms.

By virtue of this treaty are granted to performer for their performance which are fixed
intent phonogram. However this does not include the audial visual such as picture. This
are include following 4 right Reproduction, Rental, distribution, making the work
available. These are economic right

For live performance the treaty grants to performer

Broadcasting right
Except re broadcasting- The right of communication except where the performance
broadcast performance
The fixation right-

The treaty WPPT certain moral right to the owner of copyright through which actual owner
can be identified as the performance. The performer has right to object to mutilation,
extortions, any modification Which can be prejudicial to the right of performer recognition.

The WCT cover compUter programe and date complitation whereas WPPT covers
performance and phonogram production. The TRIPS covers copyright rights other form
intellectual property in general.
Limitation of WPPT are provide under article 16 of the treaty and the three step testis to be
satisfied even in WPPT. The wtc require that term of protection must be 50 year for any
kind of work. The enjoyment and enforcement cannot be subjected to any sort of
formalities.
The law require member state provide remedies against the encryption, the removal
or altering of such information this identifies with that data author which are
necessary of management of rights. E.g. license, the collection and distribution of
royalties. This is also called as right management information. This treaty was
enacted in the year 1996 and came into enforce in the year 2002 and assembly of
contacting state this convention this entails to maintain develop this treaty. The
administration task related to this treaty are done by the wipo secretariat. The member
state are required to adopt this treaty in their legal system with necessary to make
meet their local name and also ensure the full applicability of the act.

TRADEMARK

Patent protect of idea

Copyright protect
Trademark protect the mark trade of goods and service/ goods or services
Ensuring the commercial value

“Mean” The words include in a given in the definition of law in the case that there is a list of
items which are included into it and there is a possibility of adding further things into it by
the court of law without waiting for any amendment to come from competing law authority.
Such type of definitions are inclusive in nature and items mentioned in the definition are
only indicative in nature.

“Includes” if the definition given by law uses the word means then such types of definition
are exhaustive in nature and there is no possibility of further addition without necessary
amendment by competent law making authority or by judicial pronouncement.

Trademark the term tademark has been under clause 2(m) definition of term mark is
inclusive in nature because it uses the word into it a list of item have been included into in
the definition of mark include-
device, mobile, laptop
brand, zara aaple, one plus
heading,
label,
ticket, issued by government time to time
name, agrwal, birla
signature, Amitabh bachpan, SRK
word, amity
 letter, tata-t Honda-H
numeral, forever 21, nine
shape of goods, s
packaging or combination of colors
or any combination thereof.

Objective of trademark
1. To consolidate elaborating for work
2. Ro provide for registration and protection of different trademark
3. To prevent the registration of fraudulent marks

Phonetics marks means which are made with intent to defraud dishonestly. Dishonesty means that
onece ia able to meke wrongful gain by causning wronglu loss. Wrongful gain means

Legal entitle to by practicing fraud upon the other person. At the same time it is also possible that other
suffer wrongful loss because of the action taken by the fraudulent person ( to which he should not have
suffered) it is for this wrongful gain or loss that persons are entitle to file a case in court of law and seek
remedies for the harmed caused. This mark are formulated in order to practice fraud upon others.

Kinds of mark

Word mark it means it can be combination of numbr and letter e.g. pollo,

Figurative mark In this figure or a figure combined with one or more words it given the protection e.g
MCd, KFC

Well-known mark Mercedes car