What is Traditional Knowledge?

Posted On & filed under .

The knowledge continually developed, acquired, used, practiced, transmitted and sustained by the communities/individuals through generations is called Traditional Knowledge. In India traditional knowledge including the existing oral knowledge cannot be protected under the provisions of the existing IPR laws/acts, as mentioned herein above. However, if there is a substantial improvement in the existing traditional knowledge… Read more »

How does a patent get expire?

Posted On & filed under .

A patent can expire in the following ways – The patent has lived its full term i.e. the term specified by the patent act of the country. Generally it is 20 years from the date of filing. The patentee hs failed to pay the renewal fee. A patent once granted by the Government has to… Read more »

Can a registered geographical indication be assigned, transmitted, etc?

Posted On & filed under .

No. A geographical indication is a public property belonging to the producers of the concerned goods. It shall not be the subject matter of assignment, transmission, licensing, pledge, mortgage or such other agreement However, when an authorised user dies, his right devolves on his successor in title. Intellectual property rights can be defined as the… Read more »

What will I need in order to make an application to Customs under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007?

Posted On & filed under .

Application in the prescribed format (may be submitted electronically, followed by a paper copy). Official fee of INR 2000. Power of Attorney from the rights holder if the application is submitted by an authorised representative. Certified extract from official database as proof of IP rights. Detailed description of goods, along with samples or coloured images…. Read more »

What is the procedure for filing an application with Customs under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007?

Posted On & filed under .

Applications, which can be filed by the rights holder or its representative, must be in the prescribed format. They may be submitted electronically. Separate forms must be completed for each of the Intellectual Property Rights: Copyright, Trade Mark, Designs, Patents and Geographical Indications. An application, once submitted electronically, must be followed with physical copies of… Read more »

Do the Intellectual Property Rights for Imported Goods Enforcement Rules 2007, apply to Patents?

Posted On & filed under .

The Rules cover not only Patents, but also Designs, Copyright, Trade Marks and Geographical Indications. IP owners can record their rights with Customs authorities, which will then monitor imports for any goods that may infringe. Intellectual property rights can be defined as the rights given to people over the creations of their minds. They usually… Read more »

What is an appellation of origin and how is it different from a GI?

Posted On & filed under .

An appellation of origin means the geographical name of a country, region, or locality, which serves to designate a product originating therein, the quality and characteristics of which are due exclusively or essentially to the geographical environment, including natural and human factors. All appellations of origin are geographical indications but not all geographical indications are… Read more »

What are the categories of goods that may be protected by geographical indications?

Posted On & filed under .

There are 34 different classes on the basis of which the goods are classified. Geographical indications (GIs) means an indication which identifies goods as agricultural goods, natural goods or manufactured goods as originating or manufactured in the territory of a country or a region or locality in that territory where a given quality, reputation or… Read more »

Where are the offices of the Registrar of Geographical Indications located in India?

Posted On & filed under .

The Registry of Geographical Indications in India is based at Chennai. Geographical indications (GIs) means an indication which identifies goods as agricultural goods, natural goods or manufactured goods as originating or manufactured in the territory of a country or a region or locality in that territory where a given quality, reputation or other characteristics of… Read more »

Can I register my geographical indication as a trademark too?

Posted On & filed under .

No. The trademark law in India bars the registration of any geographical indication as a trademark. Geographical indications (GIs) means an indication which identifies goods as agricultural goods, natural goods or manufactured goods as originating or manufactured in the territory of a country or a region or locality in that territory where a given quality,… Read more »