What is Traditional Knowledge?

What is Traditional Knowledge?
What is Traditional Knowledge?

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 and if it can fulfill the requirements of the definition of the invention, then the patent application can be filed.

An invention relating to a product or a process that is new, involving inventive step and capable of industrial application can be patented in India. However, it must not fall into the category of inventions that are non-patentable as provided under Section 3 and 4 of the (Indian)Patents Act, 1970.

Intellectual Property is the Property, which has been created by exercise of Intellectual Faculty. It is the result of persons Intellectual Activities. Thus Intellectual Property refers to creation of mind such as inventions, designs for industrial articles, literary, artistic work, symbols which are ultimately used in commerce. Intellectual Property rights allow the creators or owners to have the benefits from their works when these are exploited commercially. These rights are statutory rights governed in accordance with the provisions of corresponding legislations. Intellectual Property rights reward creativity & human endeavor which fuel the progress of humankind. The intellectual property is classified into seven categories i.e . (1) Patent (2) Industrial Design (3) Trade Marks (4) Copyright (5) Geographical Indications (6) Lay out designs of integrated circuits (7) Protection of undisclosed information/Trade Secret according to TRIPs agreements.

 

How does a patent get expire?

How does a patent get expire?
How does a patent get expire?

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 be maintained by paying annual renewal fee.
  • The validity of the patent has been successfully challenged by an opponent by filing an opposition either with the patent office or with the courts.

An invention relating to a product or a process that is new, involving inventive step and capable of industrial application can be patented inIndia. However, it must not fall into the category of inventions that are non-patentable as provided under Section 3 and 4 of the (IndianPatents Act, 1970.

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

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

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 rights given to people over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creations for a certain period of time. Intellectual property rights are traditionally divided into two main categories:

• Copyright and rights related to copyright: i.e. rights granted to authors of literary and artistic works, and the rights of performers, producers of phonograms and broadcasting organizations. The main purpose of protection of copyright and related rights is to encourage and reward creative work.

• Industrial property: This includes (1) the protection of distinctive signs such as trademarks and geographical indications, and (2) industrial property protected primarily to stimulate innovation, design and the creation of technology. In this category inventions (protected by patents), industrial designs and trade secrets are included.

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

What will I need in order to make an application to Customs under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007?
What will I need in order to make an application to Customs under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007?
  1. Application in the prescribed format (may be submitted electronically, followed by a paper copy).
  2. Official fee of INR 2000.
  3. Power of Attorney from the rights holder if the application is submitted by an authorised representative.
  4. Certified extract from official database as proof of IP rights.
  5. Detailed description of goods, along with samples or coloured images.

Intellectual property rights can be defined as the rights given to people over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creations for a certain period of time. Intellectual property rights are traditionally divided into two main categories:

• Copyright and rights related to copyright: i.e. rights granted to authors of literary and artistic works, and the rights of performers, producers of phonograms and broadcasting organizations. The main purpose of protection of copyright and related rights is to encourage and reward creative work.

• Industrial property: This includes (1) the protection of distinctive signs such as trademarks and geographical indications, and (2) industrial property protected primarily to stimulate innovation, design and the creation of technology. In this category inventions (protected by patents), industrial designs and trade secrets are included.

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

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

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 documents such as registration/renewal certificates, Power of Attorney etc. along with payment of the official fee: INR 2000.

Intellectual property rights can be defined as the rights given to people over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creations for a certain period of time. Intellectual property rights are traditionally divided into two main categories:

• Copyright and rights related to copyright: i.e. rights granted to authors of literary and artistic works, and the rights of performers, producers of phonograms and broadcasting organizations. The main purpose of protection of copyright and related rights is to encourage and reward creative work.

• Industrial property: This includes (1) the protection of distinctive signs such as trademarks and geographical indications, and (2) industrial property protected primarily to stimulate innovation, design and the creation of technology. In this category inventions (protected by patents), industrial designs and trade secrets are included.

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

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

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 give the creator an exclusive right over the use of his/her creations for a certain period of time.

Intellectual property rights are traditionally divided into two main categories:

• Copyright and rights related to copyright: i.e. rights granted to authors of literary and artistic works, and the rights of performers, producers of phonograms and broadcasting organizations.

The main purpose of protection of copyright and related rights is to encourage and reward creative work.

• Industrial property: This includes (1) the protection of distinctive signs such as trademarks and geographical indications, and (2) industrial property protected primarily to stimulate innovation, design and the creation of technology. In this category inventions (protected by patents), industrial designs and trade secrets are included.

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

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

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 appellations of origin. Appellation of origins are used on those goods which, along with being an indication of source, also signify the quality and the characteristics of the product which is due exclusively to the geographical environment.

For example, Roquefort cheese, which is said to taste the way it does because it is matured in a certain way in the caves of Roquefort is an appellation of origin and a geographical indication.

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 such goods is essentially attributable to its geographical origin and in case where such goods are manufactured, goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality as the case may be, place names are sometimes used to identify a product, for example: Champagne, scotch, Tequila and Roquefort Cheese.

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

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

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 other characteristics of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured, goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality as the case may be, place names are sometimes used to identify a product, for example: Champagne, scotch, Tequila and Roquefort Cheese.

Geographical Indications bear the quality function of the product were as the indications of source indicates the source of products only. For example, made in India, made in France.

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

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

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 such goods is essentially attributable to its geographical origin and in case where such goods are manufactured, goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality as the case may be, place names are sometimes used to identify a product, for example: Champagne, scotch, Tequila and Roquefort Cheese.

A geographical indication points to a specific place or region of production that determines the characteristic qualities of the product that originates therein. It is important that the product derives its qualities and reputation from that place. Since those qualities depend on the place of production, a specific “link” exists between the products and their original place of production.

Can I register my geographical indication as a trademark too?

Can I register my geographical indication as a trademark too?
Can I register my geographical indication as a trademark too?

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, reputation or other characteristics of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured, goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality as the case may be, place names are sometimes used to identify a product, for example: Champagne, scotch, Tequila and Roquefort Cheese.

Trademark – A symbol, word, or words legally registered or established by use as representing a company or product.