How does design registration confer intellectual property protection?

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The benefits of design registration as IP are that the registration of a design confers upon the registered proprietor the exclusive right to apply a design to the article in the class in which the design has been registered. A registered proprietor of the design is entitled to protection of his intellectual property. He can… Read more »

How is copyright protected in India?

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The interesting aspect of copyright protection is that it need not be registered with any authority to be protected under law. Secondly, it protects only the tangible expression of an idea and not an idea itself. This has led to many a litigation to settle the idea-expression dichotomy. The Indian Copyright Act, 1957 protects original… Read more »

Do we need to register a copyright?

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No. Acquisition of copyright is automatic and it does not require any formality of registration. Copyright comes into existence as soon as a work is created. The office in charge of copyright registration is Copyright Office, 4th Floor, Jeevan Deep Building, Parliament Street, New Delhi 110001. The Indian copyright law protects literary works, dramatic works,… Read more »

How is Geographical Indications distinct from appellation of origin?

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A geographical indication is a sign used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that place of origin. Geographical indications may be not only place names but also other names and indicators used to refer to a product. On the other hand, an appellation… Read more »

What is a trade secret and how is it protected?

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A trade secret is an IPR that is with the holder indefinitely or rather as long as he can keep his secret as a trade secret. To enable an enterprise to keep something as a trade secret, the holder must ensure secrecy agreements with the employees in the business. These can be built into the… Read more »

What are the challenges in negotiations on various IPRs under TRIPS for India?

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On almost all the IPRs discussed, negotiations are afoot in various international fora. There is current debate on patenting of life forms, whether access to medicines through Doha declaration has been achieved, etc. Other issues of concern are biodiversity and its link with sui generic systems of plant protection and technology transfer. There is also… Read more »

What are the challenges in enforcement of IPRs?

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Enforcement of IPRs has always been a challenge. In the case of industrial property, the onus is on the holder of the IPR to check for infringement. In case of copyright and related rights, there are numerous associations e.g. Business Software Alliance and other Alliance of State Broadcasters Associations (NASBA), International Intellectual Property Alliance (IIPA)… Read more »

What is the term of patent?

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Term of every patent in India is 20 years from the date of filing of patent application, irrespective of whether it is filed with provisional or complete specification. However, in case of applications filed under PCT the term of 20 years begins from International filing date. ‘Design’ means only the features of shape, configuration, pattern… Read more »

Is there any fee for filing post-grant opposition?

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The post grant opposition has to be filed in the prescribed form 7 along with prescribed fees of Rs.1500 for natural person and Rs.6000 for person other than natural person. The post grant opposition has to be filed by the person interested and not by any other person. ‘Design’ means only the features of shape,… Read more »

Is it possible to file international application under Patent Cooperation Treaty (PCT) in India?

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It is possible to file an international application known as PCT application in India in the Patent Offices located at Kolkata, Chennai, Mumbai and Delhi. All these offices act as Receiving Office (RO) for International application. ‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination… Read more »