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Intellectual Property

Rights

Knowledge Economies

21st Century is the often labeled as the


century of Knowledge as the ability to
create, access and use knowledge has
become
even
more
than
before
a
fundamental
determinant
of
global
competitiveness
of
enterprises
and
Economies.

Knowledge Economy has brought about


structural changes to the economies of
developing
countries
making
it
indispensable for companies and policy
makers to address new challenges.

Globalization and Intellectual Property


Rights

Globalization or (globalization) is the process


by which the people of the world are unified
into a single society and function together
Competition
not
confined
to
national
boundaries
Sources
of
competitiveness
shifting
to
knowledge-based factors of production (high
technology and specialist skills)
Intellectual
Property
Rights
(IPR)
are
monopoly rights granted by the State to an
inventor/author for the protection of certain
intangible creations.

Increasing value of Intangible


Assets

Over 80% of the market value of Microsoft


derives from its intangible assets, especially
its intellectual property.

The value of the Coca-Cola trademark


exceeds US$ 50 billion.

Kinds of Intellectual Property

Copyright
Patents
Trademark
Industrial design rights
Utility models
Geographical indication
Trade secrets
Layout Designs of
Integrated Circuits
Plant variety Protection
and Farmers Rights

IP Scenario in India

For an economy that is growing as fast as Indias


and is touted globally as an emerging
powerhouse, the IP scenario in the country

remains at a nascent stage.

intellectual
protection in India are very low in
A look at other countries reveals

comparison to many developing countries such


as China, Korea, even a small country like
Taiwan.

IP
regime must be such that it fulfils the
needs of all the sectors.
India still has a long way to go and hence

Innovation is the key to survival for


Indian Business

If you always
do what youve
always done
youll always get
what you always
got (or worse)

WTO World trade organization


TRIPS Trade Related aspects of
Intellectual Property Rights

Various components of a product


can be protected by different IP

The same bottle


could be protected
by
Industrial design
Trademark
Patent

Trademark
A trademark is a mark used in relation to
goods/ services for the purpose of indicating
a connection between the goods/ services and
some person having the right as proprietor to
use the mark.

Types of Trade Mark


sound

Word
Mark

symbols

Device
mark

shap

Service
marks

Labels/slogan
s

Functions

Identifies the goods/services and its origin


Guarantees its unchanged quality
Advertises the goods/services
Creates an image for the goods/services

ADOPTION OF A Trade Mark

A word, letter or any combination thereof and


simple in design.
If it is a word it should be easy to speak, spell
and remember.
The ideal word for a trade mark is an
invented or coined word.

History

Prior to 1940 no statutory law relating to Trade


marks in India.

The Trade Marks Act, 1940 introduced for the


first time machinery for protection of Trade marks
in India.

The Trade and Merchandise Mark Act, 1958.

The Trade Marks Act, 1999 present law governing


Trade Mark.

current legislation

THE TRADE MARKS ACT, 1999


THE TRADE MARKS RULES, 2002

CERTIFICATION TRADE MARK

A mark used by a person other than owner certifying certain


standard, origin, quality, accuracy or other characteristic are
met
or materials used or services rendered
meet the standards indicated.
Eg. Agmark
It is mark owned by x but used only by y, z etc.
There is no government control over standards
Standards set by owners own regulation
Cannot be used as a trade mark
Symbol of some guarantee

Associated marks

Identical with another trademark pending/


registered
Same proprietor
Same goods or services

Eg. BAJAJ and BAJAJ Pulsar

ACQUISITION OF PROPERTY IN A
TRADEMARK

By use of the mark in relation to particular goods


;or
By registration under the Act; or
By assignment or transmission of the right from
another person

USE OF A TRADE MARK

Priority in adoption
Prolonged use

Registration

Not compulsory
For better protection

MARKS NOT REGISTERABLE

The use of which would be likely to deceive or


cause confusion.
A mark the use of which is prohibited under the
Emblems and Names (Prevention of Improper
Use) Act, 1950
A mark comprising or contains scandalous or
obscene matter
A mark comprises or contains any matter likely
to hurt the religious susceptibilities of any class
or section

TM Registration process
The duly filled application has to filed in the
appropriate office of TM Registry in India.
Appropriate Office
Location of the principal place of business of the
applicant
If there is no principal place of business in
India, it will be determined with reference to the
address of service in India given in the
application.

Location and jurisdiction of


tm registries in india

Trade Marks Registry, Mumbai


Trade Marks Registry, Ahmadabad
Trade Marks Registry, Delhi
Trade Marks Registry, Chennai
Trade Marks Registry, Kolkata

WHO CAN APPLY

Any person who claims to be a proprietor of a


trademark used or proposed to be used and is
desirous of registration of the mark can apply.
The application may be made in the name of an
individual, partners of a firm, a Corporation, any
Government Department, a trust or joint
applicants.

Filing requirements

Prescribed application form affixing trade mark


at the place indicated
Statement of user
Fees prescribed
Power of Attorney if the applicant is filing the
application through an attorney

Filing of application

An application shall be filed in the office of the


trademark Registrar "within whose territorial
limits the principle place of business in India of
the applicant or in the case of the joint
applicants the principal place of business in
India of the applicant whose name is the first
mentioned in the application, as having the place
of business is situated.

Examination of application

Procedural grounds
Absolute grounds
Relative grounds

Procedural grounds

Particulars of the application


Classification of goods and services

Absolute grounds
A trademark,
Which is devoid of any distinctive character
Which indicates quality or other descriptive
character of the goods or services
Which have become customary in the current
language or in the bona fide or established
practice of the trade.

ACQUIRED
DISTINCTIVENESS

By use
Well known mark

Relative grounds
A trademark may be refused registration, if it is

identical or similar to an earlier trademark and


the respective goods or services, which are
identical or similar, or

which is identical or similar to an earlier


trademark, but the goods or services, are not

similar.

EXAMINATION REPORT &


HEARING

Issue Report specifying the grounds for refusal


Response by the Applicant
Hearing in certain cases to advance oral
arguments along with supporting user
documents

Acceptance of application

No issues to be addressed or
Applicant has responded adequately to the
objections in the Report

Advertisement of the
application

Publication in Trade Marks Journal


To invite opposition from public
Period - Three months (extension of one month)

registration

No third-party opposes the registration of the


mark during the opposition period or
The opposition is ultimately decided in the
applicant's favour the mark will be registered in
due course.

Effects of registration

Infringement proceedings can be initiated


Exclusive right to use the mark in respect of
goods/ services registered

RENEWAL

Duration of registration is ten years.


Renewal after every ten years

Marking of tm

TM for pending trade marks


for registered trade marks

Thank you

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