RESEARCH METHODOLOGY AND IPR

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 PRESENTATION OVERVIEW
• Intellectual property
• Intellectual property rights
• Infringement
• Conclusions

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 INTELLECTUAL PROPERTY

• Intellectual property refers to creations of the

mind such as
- inventions
- Literacy and artistic works
- Designs and symbols
- Names and images used in commerce
 INTELLECTUAL PROPERTY
RIGHTS
• Intellectual property rights are the rights given
to persons over the creations of their minds.
• They usually give the creator an exclusive
right over the use of his/her creation for a
certain period of time.
 (CONTD…)
• It enables the inventors to recoup their
investment for the money and time spent
developing the ideas in Research and
Development.
• The use of patent documents enables future
researchers not to reinvent the wheel.
 TYPES OF IP

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 PATENTS
• A Patent describes an invention for which the
inventor claims the exclusive right.
• It is covered under the act called the patents act
1970(amended by Patents act 2005).
• It extends to the whole of India.
• An invention is patentable if
– New
– Useful
– Pertains to patentable subject matter.

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 WHY PATENT IS IMPORTANT?

• Patents provide incentives to the individuals. In

particular the inventors deserve recognition for
their creativity and material reward for their
marketable inventions.
• The incentives encourage innovations , which
ensures that the quality of human life is
enhanced.
• Protection stimulates research, which results in
technological development.
 PATENT REGISTRATION
PROCEDURE
• File the patent application and get it numbered.
• Request for publication by filing a form. If the
request is not made, the patent specification will be
published in the official journal after 18 months from
the application date.
• On the other hand, by making request, patent
specification can be published within one month from
filing the form.
• Request for examination within 48 months from the
date of filing of the patent application.
• Request for expedited examination of patent
application can be made by paying extra fee.
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 (CONTD...)
• Within 12 – 24 months of filing a request for examination,
the first examination report is issued. This report may raise
substantive and procedural objections regarding the patent.
• If objections are raised, the patent applicant must comply
with the statement of objections within six months from the
date of the report.
• If the official objections are met in due period, the patent is
granted and presented for opposition.
• The patent is open for third party opposition, if any, for a
period of one year from the date of advertisement.
• A patent once granted is valid for 20 years, and
requires renewal every year from the third year of the date
of application.

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 FEE FOR FILING THE
PATENT
• The Government fee for filing a patent
application in India is Rs.750 for individuals and
Rs.3000 for legal entities.
• No fee for first and second year.
• Renewal fee on yearly basis is required to be
paid for third to twentieth year for keeping the
patent in force.
• Patent lapses if renewal fee is not paid within
the prescribed period.

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 TRADEMARK
• It is covered under the act called the Trade
Marks Act,1999.
• The Act came into effect on sep,15,2003. it
replaced the Trade and Merchandise Marks
Act, 1958.
• It extends to the whole of India.

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 TRADEMARK(CONTD…)
• A symbol, logo, word, sound, colour, design or
other device that is used to identify a business or
a product in commerce.
• The different symbols are
• - Intent to use application filed for product
• - Registered Trade mark
• - - Intent to use application filed for services

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 DURATION AND FEES FOR
TRADEMARK
• Trademark is valid for 10 years from the date of
application which may be renewed for further
period of 10 years on payment of prescribed fee.
• Service mark rights are reserved exclusively for
owners for 17 years and it can also be renewed.
• The Government fees is Rs.2500 for each class
of goods or services.

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 COPYRIGHT
• The Indian copyright act 1957 governs the
system of copyrights in India(amended in
1982,1984,1992,1994 and 1999).
• It is a right which grands protection to the
unique expression of ideas.

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 COPYRIGHT REGISTRATION
PROCEDURE
• Acquisition of copyright is does not require
formal registration in India.
• However, it is advisable to obtain a certificate
of registration of the copyright.
• The certificate and the entries made therein
can serve as evidence in a court of law if a
dispute relating to the ownership of copyright
arises.

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 (CONTD…)
The application process for copyright is as follows:
• File the application with complete details and copies
of the work.
• Upon submitting the application, examination of the
work takes place and objections, if any, are raised.
• A response regarding objection has to be filed within
30 days.
• The certificate is issued by the copyright office after
the objections, if any, are removed to the satisfaction
of the Copyright Registry.

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 DURATION OF COPYRIGHT
• Copyrights lasts for the
Authors lifetime plus 50 years from the end of the
calendar year in which the author rights.
50 years for films and sound recordings.
25 years for typographical arrangements of a
published edition.
Copyright production always expires on dec,31 of
the last calendar year of the protection.

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 GEOGRAPHICAL
INDICATIONS
Law – The Geographical Indications of Goods
(Registration and protection) Act, 1999
Relevant Ministry – DIPP, Ministry of Commerce
and industry
• A geographical indication (GI) is a tag used on
products based on their geographical uniqueness.
• The uniqueness of a product is defined either by
its origin, process, or availability. GI tags usually
help businesses enhance their marketability.

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 GI REGISTRATION
PROCEDURE
• File application with the geographical indications
registry.
• After acceptance, the application is advertised for
opposition.
• After publication if the application is not opposed
within three months (extendable for one month
thereafter), then registration is granted.
• The registration of a geographical indication is
valid for a period of 10 years. It can be renewed
from time to time for a further period of 10 years
each.

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 INFRINGEMENT
• Any reproduction, use, distribution,
performance of the work without the
permission of the owner constitutes
infringement.
• An identical or substantial similar reproduction
is also covered.

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 REMEDIES FOR PATENT
INFRINGEMENT
• A suit can lie in the district or High court.
• It may issue an injunction either to prevent the
infringer from any further use and award
damages to the patent owner or will pay the
patent owner royalties for further use.
• Punishment extends from 6 months to 3 years.
• A permanent bans on engaging in commercial
activities.

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 WHICH ARE NOT PATENTS?
The following would not qualify as patents:
(i) An invention, which is frivolous or which claims anything
obvious or contrary to the well established natural law.
(ii) A discovery, scientific theory, or mathematical method
(iii)A mere discovery of any new property or new use for a
known substance or of the mere use of a known process,
machine, or apparatus unless such known process results in a
new product or employs at least one new reactant
(iv)A substance obtained by a mere admixture resulting only in
the aggregation of the properties of the components thereof or
a process for producing such substance.

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 (CONTD…)
(v) A mere arrangement or re-arrangement or duplication of
a known device each functioning independently of one
another in its own way
(vi) A method of agriculture or horticulture
(vii) Any process for the medicinal, surgical, curative,
prophylactic diagnostic, therapeutic or other treatment of
human beings or any process for a similar treatment of
animals to render them free of disease or to increase their
economic value or that of their products
(viii) An invention relating to atomic energy
(ix) An invention, which is in effect, is traditional
knowledge

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 CONCLUSIONS
• Different forms of IPR demand different
treatment, handling, planning, and strategies
and engagement of persons with different
domain knowledge such as science,
engineering, medicines, law, finance,
marketing, and economics.
• Each industry should evolve its own IP
policies, management style, strategies, etc.
depending on its area of specialty.

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 REFERENCES
[1] "Understanding Industrial Property“, World
Intellectual Property Organization.
Retrieved 2018-12-06.
[2] "Intellectual, industrial and commercial property
Fact Sheets on the European Union". European
Parliament, Retrieved 2018-12-06.
[3] Arul George Scaria, Piracy in the Indian Film
Industry: Copyright and Cultural Consonance
(Cambridge University Press 2014) 47-53

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 (CONTD…)
[4] Singh R. Vol. 1. New Delhi: Universal Law
Publishing Co. Pvt. Ltd; 2004. Law relating to
intellectual property.
[5] Gutterman AS, Anderson BJ. London:
Kluwer Law International; 1997. Intellectual
property in global markets: A guide for foreign
lawyers and managers.

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