| |
| Simplified summary for understanding of
various Intellectual Property rights in India |
| |
PATENTS |
DESIGNS |
COPYRIGHTS |
TRADEMARKS |
| What is Protected? |
Functional
features of a process, structural features of a machine or manufactured item
or substance satisfying the tests of novelty and inventive step. |
Ornamental
pattern, outer design for article of manufacture. |
Writings,
photographs, music, labels, works of art, computer programs. |
Words,
names, symbols and devices, combination of colours, shapes |
| Criteria for Protection? |
New
and 'non-obvious' and capable of industrial application. |
New
and not published anywhere in the world |
Originality |
Should
be capable of identifying and distinguishing the goods and/or services of the
Proprietor. Should not conflict with a prior Registered or pending mark. |
| How Rights are obtained |
An
application in the prescribed manner is to be made with the appropriate fee.
Granted only by Central Government Patent Office. |
An
application in the prescribed manner is to be made with fee to the Patent
Office |
1. Automatic upon creation
2. By
applying Copyright notice © 1991 [Year of the first publication] if publicly
distributed.
3. An
application in the prescribed manner is to be made with fee to the Registrar
of Copyright. |
1.
By Common Law: Adoption and Use.
2. An application in the prescribed manner
with fee to the Registrar of Trade Marks. |
| Marking |
Goods
may be marked Patent Pending or Patent No./year (After Grant) |
Goods
may be marked Design No. 0000/year (After Grant). |
©
1991 |
Use
® for Registered Trademark and (TM) for unregistered. |
| Life |
20
years from the date of filing in India (date of filing of PCT application in
case of national phase of PCT application) irrespective of subject matter. |
10
years and one renewal term of 5 years. |
Valid
for 60 years from date of death of author. |
1.
Common Law: As long as commercially used as a mark.
2.
Registration is for a period of 10 years and perpetual subject to renewal
every 10 years. |
| Test of Infringement |
Making,
using or selling a patented article or composition or carrying on a process
embodying the claimed invention, in India, or importing the patented article or an
article made directly from a patented process, without authorisation of the
patentee. |
Designs
which look alike to the eye of an ordinary observer. |
Substantial
portion copied. Similarity, Public Performance without licence. |
Likelihood
of confusion or deception. Deliberate copying. |
| International Protection |
Indian
patents are not valid in any other country just like Foreign Patents are not valid
in India, unless granted in India. |
Indian
Designs are not valid in any other country just like Foreign Designs are not
valid in India, unless registered in India. |
Indian
Copyrights are valid in countries which are members of the Berne Convention. |
Indian
Trademarks are not valid in any other country just like Foreign Trademarks
are not valid in India, unless used or applied for/granted in India. |