Intellectual property Rights An Indian Perspective

Presented By: Prasad Oak Ranganath Khanolkar Rupali Deo Sharmila Prabhukhanolkar Farhat Ali Jinesh Jain Devang Shah Shyamal Raval

Intellectual property! What is it?

Innovation Creativity Invisible Permanent Difficult to protect Valuable Industrial Application

Types of Intellectual property

Patents

Trademark

Copyrights

Intellectual Property Rights

Geographical Indications (GI)

Designs

Others including Integrated Circuits Trade Secrets etc.

Change in business operation

Change in business operation
Local level State level National level NOW World level

Causes
New & Faster means of Communications Speedy Traveling & Transport facilities

Even at local level you face global competition. WTO & TRIPS Need for TRIPS

Indian Perspective
Initial Indian Law as per Indian specific requirement

Amendment and restructuring of our legislations as per TRIPS agreement

Open economy stiff competition

Survival of the fittest

Patents | Important Concepts

Who can apply? What are Inventions? Term of Patent. EMRs Compulsory Licensing. Potential Infringement. Registration Dimminaco Vs. Controller of Patents
Patent in respect of Convention Application Patent of Addition Ordinary Patent

Types of Patent

Copyright
What is copyright ? Qualifications for Copyright subsistence Term of Copyright Rights conferred by Copyrights Registration Assignment, Transmission & relinquishment Infringement & remedies available

Trade Mark
Introduction Who can apply? Is a prior search must? Process of registration Rights conferred by registration Grounds of cancellation and revocation Assignment and transmission

Prominent Intellectual Property Rights

PATENT RIGHT PROTECTED Rights conferred in respect of a new invention to manufacture the product patented or use the process patented 20 years and renewed for time to time COPYRIGHT Rights conferred in respect of original literary, dramatic and musical and artistic work, cinematograph films and record. Lifetime plus 60 years for literary dramatic musical and artistic works, cinematograph films and records The author of the publisher of, or owner of or other person interested in the copyright in any work. By assigning or licensing the right to others on a royalty or lump sum basis Civil, Administrative Criminal, TRADEMARK Rights conferred in respect of use of particular mark, which may be a particular symbol, word, device applied to the articles of commerce to indicate the distinctiveness of goods. 10 years and may be renewed from time to time

TIME PERIOD

WHO CAN REGISTER

Actual inventor or an assignee of the right to make an application or legal representative of either Assigning rights or licensing them to industrialists for a lump sum payment or royalty basis Injunctions, Accounts of profit Damages,

Proprietor of the trademark and the application may be made in the name of an individual, partners of the firm, Corporation, Government department or Trust Licensing the rights by registration of the licensee as a registered user. Injunctions, Damages, Accounts of profit

COMMERCI-AL USE

REMEDY FOR INFRINGEMENT

Valuation
It must be measured initially at Cost. ICAI has issued AS 26 relating to intangible assets, which must be considered for valuation.
In case of separate Acquisition. In case of Internal generation.

Methods of valuation
Market Value Method. Cost-based Methods. Past and Future Economic Benefit Method (Income Method):
Capitalization of historic profits method. Gross profit differential method.

Excess profits method.

Relief from Royalty.

Discounted Cash flow (DCF) analysis method.

Role of Company Secretary

Registration of intellectual properties Licensing and drafting of agreement Acting as Agent Valuation of the asset Passing off / infringement matters Compliance Officer

Question Answer Session

Thank You