DOMAIN NAMES & DISPUTES RESOLUTION POLICY INTELLECTUAL PROPERTY AND MERGERS & ACQUISITIONS Due Diligence & IPR Audit  – Need , Impact and Requirement Intellectual Property Rights-Protection-In-India- A Presentation Understanding Designs Act in India & its Application on Garment Industry Presentation On Indian IPR Laws- Understanding the Easy Way

 INTELLECTUAL PROPERTY RIGHTS

REGISTRATION, PROTECTION AND ENFORCEMENT

IN INDIA

PRESENTED BY

 VIJAY PAL DALMIA, ADVOCATE

SR. ASSOCIATE AND HEAD

IP & IT DIVISION

VAISH ASSOCIATES, ADVOCATES

FLAT NO. 5-7, IInd FLOOR,

10 HAILEY ROAD,

NEW DELHI-110 001

Email: vpdalmia@gmail.com

Ph. 91-11-42492525

Mobile: 09810081079

FOLLOWING AREARS ARE COVERED UNDER INTELLECTUAL PROPERTY RIGHTS IN INDIA

PATENTS

 The Patent Act, 1970

TRADE MARKS

    Trade Marks Act, 1999

COPYRIGHT

Copyright Act, 1957

INDUSTRIAL DESIGNS

Designs Act, 2000

GEOGRAPHICAL INDICATIONS

The Geographical Indications of  (Registration and Protection) Act, 1999

PROTECTION OF PLANT VARITIES AND FARMERS

Protection of Plant Varieties and Farmers Rights Act, 2001

SEMICONDUCTOR INTEGRATED CIRCUITS LAYOUT-DESIGN

Semiconductor Integrated Circuits Layout-Design Act, 2000

BIOLOGICAL DIVERSITY

Biological Diversity Act, 2002

OFFENCES COMITTED IN RELATION TO INTELLECTUAL PROPERTYRIGHTS

·        INFRINGEMENT

·        PASSING OFF

REGISTRATION OF IPR

MANDATORY

·        PATENTS

·        INDUSTRIAL DESIGNS

·        GEOGRAPHICAL INDICATIONS

·        PLANT VARIETIES

·        SEMICONDUCTOR INTEGRATED CIRCUITS

OPTIONAL

·        TRADE MARK

·        COPYRIGHT

STATUTORY PROVISIONS APPLICABLE

TRADE MARKS ACT, 1999

COPYRIGHT ACT, 1957

DESIGNS ACT, 2000

PATENTS ACT, 1970

GEOGRAPHICAL INDICATIONS OF GOODS( REGISTRATION AND PROTECTION) ACT , 1999  

CODE OF CIVIL PROCEDURE, 1908

CODE OF CRIMINAL PROCEDURE, 1973

INDIAN PENAL CODE, 1860

SPECIFIC RELIEF ACT, 1963

REMEDIES AVAILABLE FOR THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

1.      CIVIL ACTION

·        INJUNCTION – EX PARTE OR AFTER HEARING

·        DAMAGES

·        RENDITION AND HANDING OVER OF ACCOUNTS

·        APPOINTMENT OF LOCAL COMMISIONER

2.      CRIMINAL ACTION

·        CRIMINAL COMPLAINT BEFORE THE CHIEF JUDICIAL MAGISTRATE / CHIEF METROPOLITAN MAGISTRATE

·        FILING A COMPLAINT / FIR WITH POLICE

·        RAID, SEARCH AND SEIZURE

·        ARREST

SIGNIFICANT AMENDMENTS TO INDIAN LAWS

 TRIPS AGREEMENT

IN PURSUANCE OF THE NECESSITY TO MAKE INDIA’S PATENT LAWS TRIPS COMPLIANT, THE INDIAN PARLIAMENT HAS ENACTED TWO LEGISLATIONS THROUGH THE PATENTS (AMENDMENT) ACTS OF 1999 AND 2002. IN ORDER TO FULFIL THE CONDITIONS IN THE TRIPS AGREEMENT

THE THIRD AMENDMENT HAS DELETED SECTION 5 OF IPA 1970 WHICH HAD, SPECIFIED THAT ONLY METHODS OR PROCESSES OF MANUFACTURE ARE PATENTABLE FOR CERTAIN INVENTIONS, SO AS TO ALLOW PRODUCT PATENT PROTECTION IN ALL FIELDS OF TECHNOLOGY INCLUDING AREAS OF FOODS, MEDICINES AND DRUGS. HOWEVER THE NEW USES OF KNOWN SUBSTANCES ARE STILL NON-PATENTABLE UNLIKE IN THE CASE OF PATENT LAWS IN MANY OTHER COUNTRIES, WHICH AFFORD PROTECTION FOR NEW USES (SWISS TYPE OF CLAIMS). IT WOULD HAVE BEEN APPROPRIATE IF UTILITY PATENTS WERE ALLOWED UNDER THE INDIAN LAW, CONSIDERING INDIAN STRENGTHS IN THIS AREA AND ITS R&D CAPABILITIES. BIOLOGICAL MATERIAL OR TRADITIONAL KNOWLEDGE AND ANY OTHER SUBJECT MATTER OF STRATEGIC IMPORTANCE THAT MAY BE NOTIFIED BY THE GOVERNMENT FROM TIME TO TIME CANNOT BE A SUBJECT FOR PATENT APPLICATIONS AS PER THE NEW AMENDMENT.

TRADE MARKS ACT, 1999

PRINCIPLE OF WELL KNOWN TRADE MARKS

SECTION 11(6) AND 11(7) DEAL WITH THE FACTS THAT THE REGISTRAR WILL TAKE INTO CONSIDERATION WHILE DETERMINING THAT THE MARK IS A WELL KNOWN MARK.

 THANK YOU

 PRESENTATION BY

VIJAY PAL DALMIA

Senior Associate

Head IP & IT Division

VAISH ASSOCIATES, ADVOCATES

FLAT 5-7, IIND FLOOR ,

10 HAILEY ROAD,

NEW DELHI-110001, INDIA

PH: - 42492525, 42492532

MOBILE: - 9810081079

Email: - vpdalmia@vaishlaw.com