patents - Intellectual property rights Intellectual...

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Intellectual property rights Intellectual property rights
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Legislative Framework of IP Administration Legislative Framework of IP Administration Department of IP &P covers The Patents Act, 1970 (as amended in 2005) The Patents Act, 1970 (as amended in 2005) The Patents Rules, 2003 (as amended in 2006) The Patents Rules, 2003 (as amended in 2006) The Designs Act, 2000 The Designs Rules, 2001 (as amended in 2008) The Trade Marks Act 1999 The Trade Marks Rules 2002 The Geographical Indications of Goods (Registration & Protection) Act, 1999 The Geographical Indications of Goods (Registration & Protection) Rules, 2002, Department of Education covers The Copyrights Act 1957 (amended in 1999)
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CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS (CGPDTM) T M REGISTRY DESIGN OFFICE G.I. REGISTRY Head Office KOLKATA Branch DELHI Branch CHENNAI Branch MUMBAI Head Office MUMBAI DELHI KOLKATA CHENNAI A’BAD IPTI ,NIIPM,  P.I.S. Nagpur KOLKATA PATENT OFFICE CHENNAI
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Law and Regulations Patents Act, 1970 Amended in 1999 2002 2005 Patents Rules, 2003 Amended in 2005 2006
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5 Patent Law - Salient Features Both product and process patent provided Term of patent – 20 years Examination on request Both pre-grant and post-grant opposition Fast track mechanism for disposal of appeals Provision for protection of bio-diversity and traditional knowledge Publication of applications after 18 months with facility for early publication Substantially reduced time-lines
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6 Safeguards in the Patent Law Compulsory license to ensure availability of drugs at reasonable prices Provision to deal with public health emergency Revocation of patent in public interest and also on security considerations
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TRADEMARKS India affords full protection to trade marks under the Trade Marks and Merchandise Act. The Indian law of trademarks is protected by the Trade & Merchandise Marks Act, 1958. A new statute i.e. the Trade Mark Act, 1999 has been enacted in India to bring it in conformity with the TRIPs Agreement, to which India is a signatory. Indian Trademarks Act, 1999, came into force on September 15, 2003.
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REQUIREMENTS FOR FILING TRADE MARK APPLICATION a. Name & Address of the Applicant Company / Person b. Trademark / Logo (10 copies) c. Class(es) d. Description of goods / services e. Original priority documents, if priority is claimed. (can be filed within two months from the date of filing in India).
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f. Power of Attorney duly notarized (can be submitted later). The format of the POA can be downloaded from the official website
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Scope of Patentability Under Scope of Patentability Under The Patents Act The Patents Act
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What is an Invention? What is an Invention? Sec.2(1)(J) Sec.2(1)(J) “Invention” means a new product or process involving an inventive step and capable of industrial application
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Patentable subject matter Invention must Invention must relates to a Process Process or Product Product or both be new (Novel) involves an inventive step inventive step be Capable of industrial application industrial application
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