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Consumer Protection Act 1986

The consumer protection Act 1986 is one of


the most beneficent legislations of recent
times an is intended to promote and protect
the interest of consumers.
The consumer protection act is intended to
protect the legitimate interests of the
consumers against traders,suppliers,etc.
Aims and objectives of the consumer
act 1986
The main objective of the act is to provide for
better protection of the interest of
consumers.
Consumer councils and other authorities has
been set-up for setting the consumers
disputes and other matters.
The objective of the act are as follows
1. Better protection of interests of consumers.
2. Protection of rights of consumers:
(1) the right to be protected
(2) the right to be informed
(3) the right to be choose
(4) the right to be heard
(5) the right to consumer education
(6) the right to healthy enviornment.
3.Consumer protection councils- central and
state levels has been established.
4. Quasi-judicial machinery for speedy redressal
of consumer disputes- for speedy and simple
redressal to consumer disputes quasi judicial
machinery has been set up at the district and
central levels.
Features of the the consumer act 1986
1.Principle of Compensation- the act is based on
the principle of compensation wherein fairs
compensation to the aggrieved party is provided
for. For that consumer redressal forum or three-
tier judicial machinery :
(a) District level
(b) State level
( c) National level.
2. Consumer Councils
To promote voluntary consumer movement and to
ensure involvement of consumers .under this Act
there is a provision for the central and state govt to
set up consumer protection council composing of
both official and non official members.
The objectives of the council are:
(1) To promote the rights and interest of the
consumers and
(2) To educate and protect them.
3. Goods and services are covered- it shall apply to all
goods and services.
4. Right of consumers: this act provides for the following
rights to the consumer:
(1)rights to safety
( 2) right to be heard
(3) right to consumer education
(4) right to seek redressal, etc.
5. Convenient procedure- the complainant
presents his grievance in his own language and
also furnishes the details of opposite party in
simple letter without being typed.
6. Filing of complaint-the complaint can be filed
by a consumer or an organisation being a
society registered under the societies
registration act or company under the
companies act, etc.
7. Effective safeguard to consumer- the act
provides affective protection to the consumer
from different types of exploitations, such as
defective goods, adulteration, under weight,
excessive price etc.
8. Check on unfair trade practice
9. Inexpensive redressal machinery- the act is
very simple and dynamic manner
Who can file complaint under the
consumer protection act
A consumer
Any voluntary consumer association
The central govt
Any state govt.
One or more consumers.
Consumer
The consumer is one who has purchased
goods or who has availed of or hired services.
Consumer Rights
Right to safety
Right to choose
Right to seek redressal
Right to be informed
Right to be heard
Right to consumer education
Right to healthy Environment
Right to basic needs.
Consumer Duties
Duty to be careful
Duty to insist on information
Duty to inspect goods
Duty to form association
Duty to make complaint
Duty to aware of rights
Consumer protection council
The objects of the consumer protection act
1986 are sought to be promoted and
protected by the consumer protection
councils established at the Central, state and
district levels.
Central Consumer Protection Council
(sect 4)
(1) The Central Government shall, by notification,
establish with effect from such date as it may specify
in such notification, a Council to be known as the
Central Consumer Protection Council (hereinafter
referred to as the Central Council).
(2) The Central Council shall consist of the following
members, namely:
(a) the Minister in charge of the consumer affairs in the
Central Government, who shall be its Chairman, and
(b) such number of other official or non-official members
representing such interests as may be prescribed.
Ram Vilas Paswan
Ministry of Consumer Affairs, Food and Public
Distribution. The Ministry of Consumer Affairs,
Food and Public Distribution is a ministry of
India. The Ministry is headed by a minister of
Cabinet rank. The current [Cabinet Rank
Minister Ram Vilas Paswan.
Procedure for meetings of the Central
Council
(1) The Central Council shall meet as and when
necessary, but at least one meeting of the
Council shall be held every year.
(2) The Central Council shall meet at such time
and place as the Chairman may think fit and
shall observe such procedure in regard to the
transaction of its business as may be prescribed.
Objects of the Central Council
The objects of the Central Council shall be to promote and
protect the rights of the consumers such as,
(a) the right to be protected against the marketing of goods
and services which are hazardous to life and property;
(b) the right to be informed about the quality, quantity,
potency, purity, standard and price of goods or services, as the
case may be so as to protect the consumer against unfair
trade practices;
(c) the right to be assured, wherever possible, access to a
variety of goods and services at competitive prices;
(d) the right to be heard and to be assured that consumer's
interests will receive due consideration at appropriate forums;
2. The State Consumer Protection
Councils
(1) The State Government shall, by notification, establish with effect
from such date as it may specify in such notification, a Council to
be known as the Consumer Protection Council for.....................
(Hereinafter referred to as the State Council)
(2) The State Council shall consist of the following members, namely:
(a) the Minister incharge of consumer affairs in the State Government
who shall be its Chairman;
(b) such number of other official or non-official members representing
such interests as may be prescribed by the State Government.
(c) such number of other official or non-official members, not
exceeding ten, as may be nominated by the Central Government.
(3)The State Council shall meet as and when
necessary but not less than two meetings shall
be held every year.
(4) The State Council shall meet at such time
and place as the Chairman may think fit and
shall observe such procedure in regard to the
transaction of its business as may be prescribed
by the State Government.
3. District Consumer Protection
Council
In order to promote and protect the rights of
consumers, within the district, the Consumer
Protection Act, provides for the establishment of a
District Consumer Protection Council in every district.
It shall consist of the Collector of the district as its
Chairman and such number of other official and non-
official members representing such interests as may be
prescribed by the State Government.
It shall meet as and when necessary but not less then
two meetings shall be held every year. The Chairman
shall decide the time and place of the meeting
Procedure for Consumer Grievance
Redressal
o Entitlement of file complaint.
o Recognized Consumer Association
o Procedure to be followed a District Forum or
State Commission.
o Procedure Applicable to National Commission
(1) Procedure Applicable to National Commission.
(2) Procedure for filing the Appeal
o Limitation Period for filing of complaint.
1.Entitlement of file complaint.

Section 12 provides that a complaint, in relation


to any goods sold or delivered or any service
provided or agreed to be provided, may be filed
with the district forum by:
(1) The consumer to whom such goods are sold or
delivered or agreed to be sold.
(2)any recognized consumer association, whether
the consumer to whom the goods sold or delivered.
(3) One or more consumers, where the numerous
consumers having the same interest.
(4) the central or the state government.
2. Recognized Consumer Association

A recognized consumer association means any


voluntary association registered under the
companies act, 1956 or any other law for the
time being in force.
3.Procedure to be followed a District
Forum or State Commission
Section 13 lays-down the procedure to be
followed by the District Forum or State
Commission on receipt of the complaint.
According to section 13(1) and (b):
(1)on receipt of the complaint, a copy of the same
is required to be referred to the opposite party
directing him to give his reply within 30 days. This
period may be extended by another 15 days.
(2) In case the opposite party admits the allegation
contained in the complaint, the complaint will be
decided on the basis of material record.
( 3) In case the opposite party denies or disputes
the allegation contained in the complaint or
omits or fails to take any action to represent his
case within the time provided, the dispute will
be settled in the following manner:
(i) In case of Dispute Relating to any goods.-
(ii) in case of Dispute relating to goods not
requiring testing or analysis or relating to
service.
4. Procedure Applicable to National
Commission
Section 22 lays down the procedure to be
followed at the National Commission for
disposal of any complaint or proceedings
before it.
The central Government has been empowered
to prescribe procedure in this regard:
(a)Procedure for complaint
Rule 14 of the consumer Protection Rules,
1987 lays down the following procedure for
hearing of complaint:
1. A complaint containing the following the
following particulars shall be presented by the
complainant or his agent to the National
Commission in person or sent by registered
post:
(i) The name description and address of the
complainant
(ii) The name description and address of the
opposite party or parties
(iii) The facts relating to the complaint and when
and where the same have arisen
(iv) The documents in support of the allegations
made in the complaint.
(v) The relief or reliefs claimed by the complainant.
2. The National commission shall dispose of any
complaint filed before it by following the same
procedure as prescribed under section 13(1) and
(2)
3. It shall be obligatory for the parties or their
agents to appear before the commission on the
date of hearing or any complaint and where the
opposite party fails to appear on such date, it
may proceed to decide the case exparte.
4. The commission shall as far as possible decide
the complaint within a period of three months
for the date of receipt of notice by the opposite
party, where no tests or analysis is required and
within a period of five months, where it requires
analysis of testing of commodities.
5.The National Commission shall issue such
order to the opposite party or parties as it may
decide as contained in section 14(1).
(b)Procedure for Filling the Appeal
1. Procedure in respect of goods where the defect
alleged requires no testing or analysis-
(a) refer a copy of the admitted complaint within
21 days from the date of its admission to the
opposite party mentioned in the complaint
directing him to give his version of the case within
period of 30 days or such extended period not
exceeding 15 days, as may be granted by the district
forum
( b) where the opposite party, on admission of a
complaint referred to him under clause (a)
denies or disputes the allegations contained in
the complaint or omits or fails to take to
represent his case within the time given by the
district forum, the district forum shall proceed
to settle the consumer dispute in the manner
specified in clauses.
2. Procedure in Respect of Goods where the
defects alleged requires analysis or testing.
(5) Limitation period for filing of
complaint.
Section 24A provides that the district forum,
the state commission or the National
Commission shall not admit a complaint,
unless it is filed within two year from the date
on which the cause of action has arisen
Types of Consumer Redressal
Machineries and Forum
The consumer Protection Act provides for a
three-tier consumer disputes redressal system
encompassing the district, State, and National
levels. There are two levels of agencies in the
state and one agency at the National level. In
other words, the act provides for the
establishment of the following consumer
dispute redressal agencies:
District Forum: if it is less than Rs. 20 lakhs.
State Commission: if more than Rs. 20 lakhs but
less then Rs. 1 crore .
National Commission: if more than Rs. 1 crore .
Establishment of Consumer Redressal
Machineries and forums
District forums
State commission
National Commission.
l
Redressal
machineries

District State National


forums commission Commission
District Forum
District forum means a Consumer Disputes Redressal
Forum established under clause (a) of section 9.
Composition of the District Forum
(1) Each District Forum shall consist of,
(a) a person who is, or has been, or is qualified to be a
District Judge, who shall be its President;
(b) two other members, one of whom shall be a woman,
who shall have the following qualifications, namely:
(i) be not less than thirty-five years of age,
(ii) possess a bachelor's degree from a recognised
university,
(iii) be persons of ability, integrity and
standing, and have adequate knowledge and
experience of at least ten years in dealing with
problems relating to economics, law,
commerce, accountancy, industry, public
affairs or administration:
Disqualification of Appointment

(a) has been convicted and sentenced to


imprisonment for an offence which, in the
opinion of the state Government involves moral
turpitude; or
(b) is an undischarged insolvent; or
(c) is of unsound mind and stands so declared by
a competent court; or
(Provided that a person shall be disqualified for
appointment as a member if he
(a) has been convicted and sentenced to imprisonment for an offence
which, in the opinion of the state Government involves moral
turpitude; or
(b) is an undischarged insolvent; or
(c) is of unsound mind and stands so declared by a competent court; or
(d) has been removed or dismissed from the service of the
Government or a body corporate owned or controlled by the
Government; or
(e) has, in the opinion of the state Government, such financial or other
interest as is likely to affect prejudicially the discharge by him of his
functions as a member; or
(f) has such other disqualifications as may be prescribed by the State
Government
Jurisdiction of the District Forum
(1) Subject to the other provisions of this Act,
the District Forum shall have jurisdiction to
entertain complaints where the value of the
goods or services and the compensation, if any,
claimed ''does not exceed rupees twenty lakhs.
(2) A complaint shall be instituted in a District
Forum within the local limits of whose
jurisdiction,
(a) the opposite party or each of the opposite parties, where
there are more than one, at the time of the institution of the
complaint, actually and voluntarily resides or carries on
business or has a branch office or personally works for gain, or
(b) any of the opposite parties, where there are more than
one, at the time of the institution of the complaint, actually
and voluntarily resides, or carries on business or has a branch
office, or personally works for gain, provided that in such case
either the permission of the District Forum is given, or the
opposite parties who do not reside, or carry on business or
have a branch office, or personally work for gain, as the case
may be, acquiesce in such institution; or
(c) the cause of action, wholly or in part, arises.
State Commission
Section 16 of the consumer protection
act,1986 empowers state to establish in each
state the state consumer Disputed Redressal
Commission
Composition of state commission
1) Each State Commission shall consist of
(a) a person who is or has been a Judge of a High
Court, appointed by the State Government, who
shall be its President:
(b) not less than two, and not more than such
number of members, as may be prescribed, and
one of whom shall be a woman, who shall have
the following qualifications, namely:
(i) be not less than thirty-five years of age;
(ii) possess a bachelor's degree from a recognised
university; and
(iii) be persons of ability, integrity and standing,
and have adequate knowledge and experience
of at least ten years in dealing with problems
relating to economics, law, commerce,
accountancy, industry, public affairs or
administration:
Provided that not more than fifty per cent. of
the members shall be from amongst persons
having a judicial background.
Disqualification for Appointment as a
member of state commission
(a) has been convicted and sentenced to
imprisonment for an offence which, in the opinion
of the State Government, involves moral turpitude;
or
(b) is an undischarged insolvent; or
(c) is of unsound mind and stands so declared by a
competent court; or
(d) has been removed or dismissed from the service
of the Government or a body corporate owned or
controlled by the Government; or
(e) has, in the opinion of the State Government,
such financial or other interest, as is likely to
affect prejudicially the discharge by him of his
functions as a member; or
(f) has such other disqualifications as may be
prescribed by the State Government
Appointment on the Recommendation
of selection committee
(1A)Every appointment under sub-section (1) shall
be made by the State Government on the
recommendation of a Selection Committee
consisting of the following members, namely:
(i) President of the State Commission -- Chairman;
(ii) Secretary of the Law Department of the State --
Member;
(iii) Secretary incharge of the Department dealing
with Consumer Affairs in the State -- Member:
Term of office
Every member of the state commission shall
hold office for a term of five years or upto the
age of sixty-seven years, whichever is earlier.
Resignation
A member may resign his office in writing
under his hand addressed to the state
government.
On such resignation being accepted his office
shall become vacant.
Jurisdiction of the State Commission
(1) Subject to the other provisions of this Act,
the State Commission shall have jurisdiction
(a) to entertain
(i) complaints where the value of the goods or
services and compensation, if any, claimed
exceeds rupees twentylakhs but does not
exceed rupees one crore; and
(ii) appeals against the orders of any District
Forum within the State; and
(b) to call for the records and pass appropriate
orders in any consumer dispute which is
pending before or has been decided by any
District Forum within the State, where it appears
to the State Commission that such District
Forum has exercised a jurisdiction not vested in
it by law, or has failed to exercise a jurisdiction
so vested or has acted in exercise of its
jurisdiction illegally or with material irregularity.
National Commission
The central Government shall establish a
National Consumer Dispute Redressal
Commission.
Composition of the National
Commission
(1) The National Commission shall consist of
(a) a person who is or has been a Judge of the
Supreme Court, to be appointed by the
Central Government, who shall be its
President;
Provided that no appointment under this
clause shall be made except after consultation
with the Chief Justice of India;
(b) not less than four, and not more than such
number of members, as may be prescribed,
and one of whom shall be a woman, who shall
have the following qualifications, namely:
(i) be not less than thirty-five years of age;
(ii) possess a bachelor's degree from a
recognised university; and
(iii) be persons of ability, integrity and
standing and have adequate knowledge and
experience of at least ten years in dealing with
problems relating to economics, law,
commerce, accountancy, industry, public
affairs or administration:
Provided that not more than fifty per cent of
the members shall be from amongst the
persons having a judicial background.
Disqualified for Appointment
a) has been convicted and sentenced to
imprisonment for an offence which, in the opinion
of the Central Government, involves moral
turpitude; or
(b) is an undischarged insolvent; or
(c) is of unsound mind and stands so declared by a
competent court; or
(d) has been removed or dismissed from the service
of the Government or a body corporate owned or
controlled by the Government; or
e) has in the opinion of the Central Government
such financial or other interest as is likely to
affect prejudicially the discharge by him of his
functions as a member; or
(f) has such other disqualifications as may be
prescribed by the Central Government :
Jurisdiction of the National
Commission
Subject to the other provisions of this Act, the
National Commission shall have jurisdiction
(a) to entertain
(i) complaints where the value of the goods or
services and compensation, if any, claimed
exceeds rupees one crore; and
.
(ii) appeals against the orders of any State
Commission; and
(b) to call for the records and pass appropriate
orders in any consumer dispute which is pending
before or has been decided by any State
Commission where it appears to the National
Commission that such State Commission has
exercised a jurisdiction not vested in it by law, or
has failed to exercise a jurisdiction so vested, or
has acted in the exercise of its jurisdiction illegally
or with material irregularity.
Cyber Laws
Cyber law is a term that encapsulates the legal
issues related to use of communicative,
transactional and distributive aspects of
networked information devices and
technologies.
or
Cyber law or Internet law is a term that
encapsulates the legal issues related to use of
the Internet
Cyber law in India or Provisions of
cyber Law.
In may 2000, both the houses of the Indian
Parliament passed the Information Technology
Bill.
The Bill received the assent of the president in
August 2000 and came to be known as the
information Technology Act,2000.
Cyber Laws are contained in the IT Act, 2000.
Advantages of Cyber Laws
It Act 2000 attempts to change outdated laws
and provides ways to deal with cyber crimes.
In view of the growth in transactions and
communications carried out through
electronic records, the act seeks to empower
government departments to accept filing,
creating and retention of official documents in
the digital format.
From the perspective of e-commerce in India, the IT Act
2000 and its provisions contain many positive aspects.
Firstly, the implications of these provisions for the e-
business would be that email would now be a valid and
legal form of communication in our country .
Companies shall now be able to carry out electronic
commerce using the legal infrastructure provided by the
Act.
Digital signature have been given legal validity and sanction
of the Act.
The act throws open the doors for the entity of corporate
companies in the business of being certifying Authorities
for issuing Digital Signature Certificates.
Information Technology Act, 2000
The Indian information Technology Act 2000 came into
effect from October 17,2000.
E-Commerce is a fast-growing form of carrying-out
business transactions . It is the process of conducting
business operation through the medium of computer
internet.
Any business transactions has to pass through several
stages to be given effect to each stage consists of
various types of exchanges between the two sides:
Information, Documents, Goods, Services and Money,
etc.
Objectives of the Act
To grant legal recognition for transactions carried-
out by means of electronic data interchange and
other means of electronic communication
commonly referred to as Electronic commerce
in place of paper based methods of
communication.
To give legal recognition to Digital signature for
authentication of any information or matter
which requires authentication under any law.
To facilitate electronic filling of documents with
government departments.
To facilitate filing of document with government
departments.
To facilitate electronic storage of data.
To facilitate and give legal sanction to electronic
fund transfers between banks and financial
institutions.
To give legal recognition for keeping books of
accounts by bankers in electronic form.
Some important defintions
Asymmetric Crypto System section 2(1)(f): It
means a system of a secure key pair consisting
of a private key for creating a digital signature
and a public key to verify the digital signature.
Electronic Gazette- Electronic Gazette official
Gazette published in the electronic form.
Electronic Record- it means data, record or
data gathered, image or sound stored,
received or sent in an electric form or micro-
film or computer generated micro-fiche.
Digital Signature
A digital code (generated and authenticated by public key
encryption) which is attached to an electronically
transmitted document to verify its contents and the
sender's identity.
It is a mathematical scheme of demonstrating the
authenticity of a digital signature gives a recipient reason to
believe that the message was created by a known sender,
such that the sender cannot deny having sent the message
and the message was not altered in transit.
Digital signatures are commonly used for software
distribution, financial transactions and in other cases where
it is important to detect forgery or tampering.
Digital signature Certificate
Digital signature certificate are the digital equivalent
(that is electronic format) of physical or paper
certificates. Examples of physical certificates are
D.L,Pass Ports or membership cards.
Certificates serves as a proof of identify of an
individuals for a certain purpose. For example D.L
identifies some one who can legally drive in a
particular country.
Like wise Digital certificate can be presented
electronically to prove your identity to access
information or services on the internet to sign certain
documents digitally.
Intellectual Property Right (IPR)
The possession and utilization of various kinds of
properties is essential for the development of
trade, industry and commerce.
Right from the beginning of civilization itself the
concept or origin of property right can be
traced.
The Indian constitution protects the right to
property of an individual.
There are two types of property
present in nature
1.Tangible Property:
it includes (1) Immovable property- like land,
building or permanent structures.
(ii) Movable property- like goods and
shares
2. Intangible- it includes any benefits other than
a material thing like actionable claims, goodwill
and intellectual property right such as patent,
copyright and trademark
Intellectual Property
Every kind of intellectual property is in the nature of
intangible property.
Intellectual property (IP) is the creation of human
intellect.
It refers to the ideas, knowledge, invention, innovation,
creativity, research, etc., all being the product of
human mind and is similar to any property, whether
movable, wherein the proprietor or the owner may
exclusively use his property at will and has the right to
prevent others from using it, without his permission.
The rights relating to intellectual property are known
as Intellectual property rights
Categories of Intellectual property
rights (TRIPS)
The agreement on Trade Related Intellectual
Property Rights (TRIPS) is comprehensive in giving
cover to all areas of technology, property,
patents, trademarks, copyrights and so on.
The TRIPS encourages upon the member
countrys sovereign right to frame its own
legislation on intellectual property matters.
The TRIPS agreement covers seven categories of
intellectual property rights, which are as follows:
1. Trade secrets
2. Integrated circuits- it means a product in its final form or
an intermediate form, in which the elements atleast one
of which is an active element, and some or all of the
interconnections are integrally formed in and/or on a
price of material and which is intended to perform an
electronic function.
3. Geographical Indications
4. Industrial Design
5. Copy right
6. Trademarks
7. Patents.
Geographical Indication
A geographical indication (GI) is a sign used
on products that have a
specific geographical origin and possess
qualities or a reputation that are due to that
origin. In order to function as a GI, a sign must
identify a product as originating in a given
place.
Madurai malli.
Tanjavur Dancing Doll
Nagercoil temple jewellery
The most famous among these would be the
Kanchipuram silk. The town of Kanchipuram
believes its weavers are descendents of Sage
Markands, the master weaver of Gods, and
true to the tale, the saris stand out in their
resplendence. Other textiles from Tamil Nadu
to get the GI sign include Salem Silk, Kovai
Cora Cotton and Arani silk.
The hand-woven Madurai Sungudi is famed
for its natural dyes and dotted patterns. It is
the first product from the town of Madurai to
get the GI tag, but it is closely followed by the
Madurai Malli. The malli or jasmine from
Madurai is in demand across the world for its
seductive fragrance, from which branded
perfumes are formulated.
Copy Rights
Copy right, which is available for creating an
original literary or dramatic or musical or
artistic work.
For example, cinematograph films including
sound track and video films and recordings on
discs, tapes, or other devices are covered by
copyright.
Copyrights give protection for the expression
of an idea and not for the idea itself.
For example, many authors write textbooks on
physics covering various aspects like
mechanics, heat, optics, etc.
Copyrights are similar to patents in
establishing ownership and protection for
creative endeavor but they pertain to
intellectual property.
Examples of copyright
Photographs
Paintings
Sculptures
Poems
Articles
Stories
Books
Music
Sound recordings
Motion pictures.
Object of copyrights
Copyrights ensures certain minimum
safeguards of the rights of authors over their
creations, thereby protecting and rewarding
creativity.
Creativity being the keystone of progress, no
civilized society can afford to ignore the basic
requirement of encouraging the same.
Economic and social development of a society
is dependent on creativity.
Classes of works which copyrights
protection is available in India.
Artistic work- painting, sculpture, drawing or
photograph.
Dramatic work- it includes any piece for
recitation( a written material) choreographic
work.
Literary work- it includes computer programs,
tables and compilations including computer
database.
Computer program- it means a set of
instructions expressed in words, schemes or in
any other form including a machine readable
medium capable of causing the computer to
perform a particular task to achieve a
particular result.
Musical work- musical work means a work d
consisting of music and includes any graphical of
notation of such work .
Cinematograph film- it means any work of visual
recording on any medium through a process from
which a moving image may be produced by any
means and includes a sound recording
accompanying such a visual recording.
Sound record- sound recording means an
aggregate of sound from which sounds may be
produced.
Registration of Copyrights
Registration of copyright is optional.
A register of copyright is kept in the copyright
office.
All details of works in which registration is
applied for is entered in the register.
Register of copyright is prima facie evidence
of the particulars enter therein.
The register is open for inspection and
extracts of it can be obtained.
Trade Mark
Trademark is a mark or symbol used by a trader in
association with specific goods manufactures and or
sold; mark may be a symbol of reputation of some kind
in the goods for its origin or quality or both.
The brand name, label or logo of a company can be
registered as a trademarks.
Once it is registered then it is protected against misuse
by the third parties.
The registered Trade Mark is a valuable property which
can be transferred or sold or licensed to third parties.
Dindigul 'Thalappakatti biriyani wins
trademark row
Chennai-based Thalappakattu dubbed
imitation
Ending a long-running dispute, the Intellectual
Property Appellate Board here has ruled that
Dindigul-based Thalappakatti is the genuine
trademark and that Chennai-based
Thalappakattu is an imitation.
The proprietors of the Dindigul-based mark
claimed that way back in 1957, Nagasamy
Naidu started the Ananda Vilas Briyani Stall. It
later became famous as Thalappakatti Biriyani
Naidu Hotel since the turbaned Naidu was
called Thalappakatti Naidu. After him, his son
and grandson carried on the business, which
expanded to Coimbatore and Tirupur, and
acquired a huge reputation because of the
quality of its biriyani.
However, Chennai-based restaurant
Thalappakattu Biriyani & Fast Food claimed that
its promoters ancestor Sulaiman was the Chief of
the Horse Regiment in the palace of Raja of
Sivaganga. As he wore a turban, his family came
to be known as Thalappakattu Rawthers. They
started the hotel business on a small scale in
2005 and as a mark of respect to their ancestors,
they adopted the word Thalappakattu.
According to them, they served extremely
delicious biriyani and the adoption of the name
was bona fide.
Procedure for Registration
The application is filed
Then the application is examined by the trade marks
office and objections, if any are raised.
After clearing the objections, if any, the marks is
advertised in trademark journal and open to third
party opposition
The registration certificate is issued in 4-6 months after
the completion of opposition period, if there is no
opposition by the third party during this period.
In case registration certificate issued when the
opposition is dismissed.
Offences and penalties relating to
Trade Marks
Falsifying a Trade marks- a person is said to
falsify a trademark if he makes a trademark
without the assent of the proprietor.
Falsely apply a trade marks-when a person
applies to goods a trademark belonging to
another person without the assent of the
proprietor of that mark, he is said to falsely
apply the trademark.
Making or possessing instruments for
falsifying Trade Mark-a person who possesses,
disposes of, instruments like die, machine for
falsifying a trademark is said to commit an
offence.
In such a case he is punishable with
imprisonment and fine.
Applying false indication of country of origin
Tampering with an indication of origin already
applied to goods.
Selling goods falsely marked
Falsely representing a trademark as
registered.
Falsely describing a place of business as
connected with the trade mark.
Patent Act
A patent is an exclusive right granted by a
country to the owner of an invention to make
use, manufacture and market the invention
provided the invention satisfies certain
conditions stipulated in the law.
Exclusive right implies that no one else can
make use, manufacture or market the
invention without the consent of the patent
holder.
Simple meaning of patent
A patent is a grant from the government which
confers on the guarantee for a limited period of
time the exclusive privilege of making, selling and
using the invention for which a patent has been
granted.
Purpose of getting a patent To enjoy the
exclusive rights over the invention. The patent is
to ensure commercial returns to the inventor for
the time and money spend in generating a new
product
What can be patented? In order to be
patentable , an invention must pass four
tests;1. The invention must fall into one of the
five statutory classes: Processes, Machines ,
Manufactures, Compositions of matter, and
New uses of any of the above 2. The invention
must be useful 3. The invention must be
novel 4. The invention must be
nonobvious
The Term Of Patent : In respect of a invention claming process of
manufacture of a substance intended to be used as food or
medicine ---- 5 yrs from the date of sealing or 7 yrs from the date of
patent whichever is shorter. In case of any other invention ---- 14
yrs from the date of patent.
Expiry Of A Patent A patent can expire in the following ways:1. The
patent has lived its full term.
2. The patentee has failed to pay the renewal fee.
3. The validity of the patent has been successfully challenged by an
opponent by filing an opposition either with the patent office or
with the courts.
4. As soon as the patent expires, it pass to the general public
domain and now anybody can use it without the permission of the
original inventor
STAGES FROM FILING TO GRANT OF A
PATENT
Obtaining A Patent File an application for
patent With one of the patent offices based
on territorial jurisdiction of the place of office
or residence of the applicant /agent Pay the
required fee Information concerning
application form and details of fee available at
www.ipindia.nic.in Guidelines for applicants
also available on this website
Formality Check An Examiner checks the
formal requirements before accepting the
application and the fee this is done
immediately Issue of application number and
the cash receipt this is done the same day
In case of receipt of application by post, cash
receipt, application number is sent by post
within 2- 3 days
Publication Application is kept secret for a
period of 18 months from the date of filing In
19th month, the application is published in
the official journal this journal is made
available on the website weekly Applicant
has an option to get his application published
before 18 months also In that case,
application is published within one month of
the request
Request for Examination Application is
examined on request Request for
examination can be made either by the
applicant or by a third party A period of 48
months, from the date of filing, is available for
making request for examination
Examination Application is sent to an
Examiner within 1 month from the date of
request for examination Examiner
undertakes examination w.r.t. whether the
claimed invention is not prohibited for grant
of patent whether the invention meets the
criteria of patentability
Issue of FER A period of 1 to 3 months is
available to Examiner to submit the report to
the Controller 1 months time available to
Controller to vet the Examiners report First
Examination Report (FER) containing list of the
objections is issued within 6 months from the
date of filing of request
Response from the Applicant 12 months time, from
the date of issue of FER, is available to the applicant to
meet the objections If objections are met, grant of
patent is approved by the Controller within a period
of 1 month
Pre-grant Opposition After publication, an opposition
can be filed within a period of 6 months Opportunity of
hearing the opponent is also available
.Examination of Pre-grant Opposition Opposition
(documents) is sent to the applicant A period of 3
months is allowed for receipt of response
.Consideration ofPre-grant Opposition After
examining the opposition and the submissions
made during the hearing, Controller may Either
reject the opposition and grant the patent Or
accept the opposition and modify/reject the
patent application This is to be done within a
period of 1 month from the date of completion of
opposition proceedings
Grant of a Patent A certificate of patent is issued
within 7 days Grant of patent is published in the
official journal
Basmathi Rice case study
youngest patent holder in india
Hridayeshwar Singh Bhati
Hridayeshwar Singh Bhati (born 3 September
2002) is an Indian student who invented a six-
player variant of chess. He invented the
variant at the age of 9 with his father's
assistance. He was granted a patent for his
invention in 2012, making him the youngest
patent-holder in India at that time.
Registration of Patents
Patents are registered with the controller general
of patents, designs and trademark.
The head office is in Calcutta, with branch offices
in Delhi, Mumbai and chennai.
Application must be filled in appropriate office
with a provisional specifications.
Once specification is accepted, the notice of
patent is advertised in governments official
gazette.
Three months time is given for notice of
opposition.
For item as food or medicine, the process
patent is granted for five years from the date
of sealing or seven years from date of patent.
Rights of a patentee
Patentee has following rights (a) where the
patent is for a product, the exclusive right to
prevent third parties, who do not have his
consent, from the act of making, using,
offering for sale, selling or importing for those
purposes that product in India
(b) where the subject matter of patent is a
process, the exclusive right to prevent third
parties, who do not have his consent, from the
act of using that process, and from the act of
using, offering for sale, selling or importing for
those purposes the product directly obtained
from that process, in India. However, that
product should not be such that no patent can
be granted for that product in India. [section
48]
Infringement of Patent
Patentee and his agents and licensees have
exclusive rights to make, use, exercise or
distribute the invention in India under section 48.
Infringement means violating the statutory rights
of patentee.
Innocent infringement, i.e. infringement without
knowledge that a patent exists does not require
payment of damages and a share of profit
(section 111).
Suit for infringement can be filed only in
District Court (section 104). The reliefs that
can be claimed are (a) damages and a share of
profit to patentee. (b) Injunction on infringee
on the terms the Court may deem fit [section
108(1)]. Court can also order that the
infringing goods shall be seized, forfeited or
destroyed, as the Court deems fit