What is the Madrid Agreement?

What is the Madrid Agreement?
What is the Madrid Agreement?

The Madrid Agreement was adopted on April 14, 1891 to facilitate protection of a trademark or service mark in several countries by means of a single international registration.

As on July 15, 1999, 54 countries are party to this Agreement mainly belonging to Europe, countries of Africa and four countries in the Far East namely, China, the Democratic People’s Republic of Korea, Mongolia and Vietnam. The United Kingdom, the United States of America, most Latin American countries, Japan and India are not signatories to this agreement. The Agreement covers both trademarks and service marks.

A trademark is a sign or mark that is used to distinguish the goods or services of one enterprise from those of another enterprise. It can be any distinctive word, letter, numeral, drawing, picture, shape, colour, sound, smell, logotypes, or any combination of these that may be used for distinguishing goods and services, of any given business.

A trademark is used extensively by an enterprise to reach customers by enabling customers to identify and locate the product. A trademark is issued by a national office and is granted for a period of 10 years and may be renewed indefinitely.

What is the term of a registered trademark?

What is the term of a registered trademark?
What is the term of a registered trademark?

The initial registration of a trademark shall be for a period of ten years but may be renewed from time to time for an unlimited period by payment of the renewal fees.

A trademark is a sign or mark that is used to distinguish the goods or services of one enterprise from those of another enterprise. It can be any distinctive word, letter, numeral, drawing, picture, shape, colour, sound, smell, logotypes, or any combination of these that may be used for distinguishing goods and services, of any given business.

A trademark is used extensively by an enterprise to reach customers by enabling customers to identify and locate the product. A trademark is issued by a national office and is granted for a period of 10 years and may be renewed indefinitely.

Well-known trademark in relation to any goods or services, means a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first-mentioned goods or services.

How are the terms “Certification Trademarks” and “Collective Marks” defined in the Trademark Act?

How are the terms "Certification Trademarks" and "Collective Marks" defined in the Trademark Act?
How are the terms “Certification Trademarks” and “Collective Marks” defined in the Trademark Act?

Certification trade mark means a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registrable as such under Chapter IX in respect of those goods or services in the name as proprietor of the certification trade mark, of that person.

Collective Mark means a trademark distinguishing the goods or services of members of an association of persons (not being a partnership within the meaning of the Indian Partnership Act, 1932) which is the proprietor of the mark from those of others.

A trademark is a sign or mark that is used to distinguish the goods or services of one enterprise from those of another enterprise. It can be any distinctive word, letter, numeral, drawing, picture, shape, colour, sound, smell, logotypes, or any combination of these that may be used for distinguishing goods and services, of any given business.

A trademark is used extensively by an enterprise to reach customers by enabling customers to identify and locate the product. A trademark is issued by a national office and is granted for a period of 10 years and may be renewed indefinitely.

What is the meaning of “Service” in the Trademark Act 1999?

What is the meaning of "Service" in the Trademark Act 1999?
What is the meaning of “Service” in the Trademark Act 1999?

Service means service of any description which is made available potential users and includes the provision of services in connection with business of any industrial or commercial matters such as banking, communication, education, financing, insurance, chit funds, real estate, transport, storage, material treatment, processing, supply of electrical or other energy, boarding, lodging, entertainment, amusement, construction, repair, conveying of news or information and advertising.

A trademark is a sign or mark that is used to distinguish the goods or services of one enterprise from those of another enterprise. It can be any distinctive word, letter, numeral, drawing, picture, shape, colour, sound, smell, logotypes, or any combination of these that may be used for distinguishing goods and services, of any given business.

A trademark is used extensively by an enterprise to reach customers by enabling customers to identify and locate the product. A trademark is issued by a national office and is granted for a period of 10 years and may be renewed indefinitely.

What are “Well-known Trademarks” and “Associated Trademarks”?

Well-known trademark in relation to any goods or services, means a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first-mentioned goods or services.

Associated Trademarks means trademarks deemed to be, or required to be, registered as associated trademarks under this Act.

A trademark is a sign or mark that is used to distinguish the goods or services of one enterprise from those of another enterprise. It can be any distinctive word, letter, numeral, drawing, picture, shape, colour, sound, smell, logotypes, or any combination of these that may be used for distinguishing goods and services, of any given business. A trademark is used extensively by an enterprise to reach customers by enabling customers to identify and locate the product. A trademark is issued by a national office and is granted for a period of 10 years and may be renewed indefinitely.

How is trademark important and what is the period of protection provided by a trademark?

How is trademark important and what is the period of protection provided by a trademark?
How is trademark important and what is the period of protection provided by a trademark?

A trademark is a sign or mark that is used to distinguish the goods or services of one enterprise from those of another enterprise. It can be any distinctive word, letter, numeral, drawing, picture, shape, colour, sound, smell, logotypes, or any combination of these that may be used for distinguishing goods and services, of any given business. A trademark is used extensively by an enterprise to reach customers by enabling customers to identify and locate the product. A trademark is issued by a national office and is granted for a period of 10 years and may be renewed indefinitely.

Trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of other and may include shape of goods, their packaging and combination of colours; and

(i) in relation to Chapter XII (other than section 107), a registered trade mark or a mark used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right as proprietor to use the mark and

(ii) in relation to other provisions of this Act, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark.

What is a PCT?

What is a PCT?
What is a PCT?

PCT stands for Prior Informed Consent. PCT abbreviated, from the Patent Cooperation Treaty. PCT is an International treaty, which provides facility to the applicant to file a single patent application and designate the countries in which he/she wants to protect his IP rights.

Thus a single patent application is filed for the purpose of an international search report and to claim the priority date in all the designated countries. After receiving the international examination report, the applicant has to file a request in each designated country to take on record his/her application and this is called national phase of a patent application.

A PCT application also provides an international filing date through a single patent application. India is a member country to PCT.

A patent in an exclusive right granted by a country to the owner of an invention to make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law. Exclusivity of right implies that no one else can make, use, manufacture or market the invention without the consent of the patent holder. This right is available only for a limited period of time. However, the use or exploitation of a patent may be affected by other laws of the country which has awarded the patent.

These laws may relate to health, safety, food, security etc. Further, existing patents in similar area may also come in the way. A patent in the law is a property right and hence, can be gifted, inherited, assigned, sold or licensed. As the right is conferred by the State, it can be revoked by the State under very special circumstances even if the patent has been sold or licensed or manufactured or marketed in the meantime. The patent right is territorial in nature and inventors/their assignees will have to file separate patent applications in countries of their interest, along with necessary fees, for obtaining patents in those countries.

What are the process to applying for a Patent?

What are the process to applying for a Patent?
What are the process to applying for a Patent?

The first step that people usually take in applying for a patent is to file a preliminary application in one country. When the application is filed, the date of application is recorded and this is called the “priority date”. The first application can be quite basic and does not have to include a set of claims (see below). It is still an important document and specialist advice from a patent agent should be obtained in preparing it.

Most countries are signatories to an international convention, which guarantees that the priority date of an invention filed in one country will be respected in other countries, provided an application is filed in the other countries within twelve months of the date of filing the first application.

This is why the first document filed can be very important later. The system of filing an application in one country initially can be of great benefit to inventors provided they have timed it correctly. It allows up to twelve months before foreign applications must be filed.

During this time the inventor can assess the commercial prospects of the invention, carry out improvements on it, and arrange the necessary finance for international patenting and commercial exploitation through manufacture and sale. This period is also used to assess the market potential for the invention in various countries and to decide in which countries the expense of patenting is justified.

Note though the comments earlier about the dangers of underestimating the time it takes to do these things and the dangers of filing too early.

What are Intellectual property rights (IPRs) and how do they grant protection to the owner of an IPR?

What are Intellectual property rights (IPRs) and how do they grant protection to the owner of an IPR?
What are Intellectual property rights (IPRs) and how do they grant protection to the owner of an IPR?

Intellectual property rights or IPRs are rights given to people over the creations of their minds. These rights are given by society through the State as an incentive to produce and disseminate ideas and expressions that will benefit society as a whole.

Unlike Fundamental Rights of citizens which are guaranteed by the Constitution of a country, IPRs are statutory rights enacted by the lawmaking authority in a country. Conventionally, many forms of IPRs are recognised. They are traditionally classified into two main categories-

• Copyright and related rights: 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. The distinguishing feature of this category of rights is that they protect only the tangible expression of an idea and not the idea itself. Further, these rights generally come into existence the moment a work is created and need not be registered with any central authority.

• Industrial property: This category 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 which are protected through laws on protection of inventions (patents), industrial designs and trade secrets. IPRs grant protection to the owner as they give the creator an exclusive right over the use of his/her intellectual creations generally for a limited period of time.

However, in the case of certain categories of IPRs, the rights e.g. trade secrets and geographical indications can exist indefinitely so long as the right holder takes steps to protect his right. In the case of certain other time limited IPRs, it is possible to renew the rights periodically either for an indefinitely long period as in the case of trademarks or for a pre-specified maximum limit as in the case of industrial designs.

What are the importance of IPR?

What are the importance of IPR?
What are the importance of IPR?

IPR stands for Intellectual Property Rights. 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.

The second is to promote, as a deliberate act of Government policy, creativity and the dissemination and application of its results and to encourage fair-trading, which would contribute to economic and social development in view of the immense commercial value of intellectual property.