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NATIONAL INTELLECTUAL PROPERTY AWARENESS MISSION (NIPAM).

€3. What is Intellectual Property?. Intellectual Property (IP) is a type of intangible property created by human intellect (mind) in the fields of arts, literature, science, etc..

Types of Intellectual Property Rights. *Copyright of images / content lies with the creator.

Benefits of Registering IPRs. *Copyright of images / content lies with the creator.

Legislation of IP in India. Laws administered by Office of CGPDTM.

ADMINISTRATIVE STRUCTURE. *Copyright of images / content lies with the creator.

PATENTS. Patent is a Exclusive Right Granted:. For inventions such as a product / process which is novel, has inventive step and industrial applicability.

Indian Patent Examples. LAXMI ASU MAKING MACHINE Indian Patent No: 325033.

Indian Patent Examples. A FARM IMPLEMENT WITHOUT A STEERING WHEEL AND OTHERS.

Patentability Criteria. INVENTIVE STEP. NOVELTY. INDUSTRIAL APPLICABILITY.

Patent Registration Workflow. *Copyright of images / content lies with the creator.

DESIGN. Design protects the aesthetic / ornamental features of an object; no protection over functional aspects. The main object of registration of industrial Designs is to protect and incentivize the original creativity of the originator and encourage others to work towards the art of creativity.

Term of protection is initially given for a period of 10 years, but it may be extended for an additional 5 years..

Design Registration Workflow. ABANDONED REFUSAL APPEAL TO HIGH COURT AppEAL ALLOWED NON COMPLIANCE OF OBJECTION(S)/ NO RESPONSE WITHIN THE TIME LIMIT HEARING IN PERSON IF OBJECTION(S) IS CONTESTED WAIVING / REMOVAL OF OBJECTIONS IF OBJECTION IS RAISED ACCEPTANCE NOTIFICATION IN THE OFFICIAL JOURNAL ISSUE OF CERTIFICATE COMPLIANCE SUBMIT REPLY.

TRADE MARKS. Non-Similarity- The mark should be unique and not have similarities to the existing marks..

Trade Mark Eligibility Criteria. *Copyright of images / content lies with the creator.

COCA COLA. *Copyright of images / content lies with the creator.

The TM symbol is used when an application is made with the trademark registry. The symbol indicates that the mark is registered The symbol SM is used with a Service Mark, when an trade mark application for service is submitted..

Service Marks. FedEx is a registered courier delivery service provider.

Trademarks Registration Workflow. Receipt of applications, data entry & digitization (at Branch Offices) Examination of applications, approval by Supervisors, release of Ers (centrally at TMR Mumbai) Objection not waived after Response Show Cause Hearing (at Branch Offices) In case of objections Response by applicant Consideration of response (at Branch Offices) In case there are no objections/objections waived publication in the Trade marks Journal No opposition/opposition decided in favor of the applicant — Application proceeds to registration In case of opposition, opposition proceeding (at Branch offices) Opposition allowed application refused Objection not waived Application refused Appeal may be made at High Court.

GEOGRAPHICAL INDICATION (GI). A GI is defined as a sign which can be used on products belonging to a particular geographical location/region and possesses qualities or a reputation associated with that region..

Classification of GI Products. Handicraft Products.

Classification of GI Products. Agricultural Products.

Classification of GI Products. Manufactured Products.

Classification of GI Products. Food Products. Dharwad Pedha.

GI Registration Workflow. Geographical Indication (01) Application Filing Acknowledgment by the Registrar to the Applicant Exarnination Wihh 2 montM Issuance of Examination Report to the Applicant Applicant's Reply within 2 Months Decision made Applicant may submit by the Registrar Appeal on the Reply Publication in the Journal Wüin Opposition Opposition's Claims Accepted by Registrar, Application Rejected Cl Registered.

The Semiconductor Integrated Circuits Layout Design (SICLD).

t. Examples. 50-60 GHz Sub Harmonic IQ Mixer was issued to Indian Space Research Organization (ISRO).

SICLD Registration Workflow. Application refused Form LD-I ,Filing of application by the creator of the layout-design at the SICLD Registry Communication of objections, If any Decison of Registrar Opposition Accepted Accepted applications shall be advertised within 14 days of acceptance Any opposition to the advertisement can be filed within 3 months from the date of advertisement Certificate Issued.

COPYRIGHTS. The words ‘author’ and ‘work‘ need to be understood from the perspective of Copyright. The term ‘author’ refers to an individual who develops the content (work). The term ‘work’ refers to a task undertaken in the fields of literature, dramas, music, artistic, cinematograph film and sound recording..

Literary Works. Dramatic works. Sound Recording Work.

Term of Protection in Copyright. Published Literary/ Dramatic, Artistic and Musical work Life of author + 60 years Cinematograph Film and Sound Recording 60 years from date of publication Broadcast Reproduction Rights 25 years from the year following the year of broadcast Performer’s Right 50 years from the year following the year in which performance is made.

EXCLUSIVE RIGHT Since only the owner has the right to publish, sell or communicate the work protected under copyright, this is a monopoly right..

Copyright Registration Workflow. *Copyright of images / content lies with the creator.

PLANT VARIETIES (UNDER MINISTRY OF AGRICULTURE). The protection on the variety means no one can sell, export, import or produce the seed or propagating materials of such protected (registered) plant variety without the registered breeder’s (owner’s) permission..

PLANT VARIETIES (UNDER MINISTRY OF AGRICULTURE). The duration of protection of registered varieties are as follows: 1. Trees and vines - 18 years from the date of grant of certificate of registration. 2. For other crops - 15 years from the date of grant of certificate of registration. 3. For extant varieties notified under Section 5 of Seeds Act, 1966 - 15 years from the date of notification under Section 5 of the Seeds Act, 1966.

Registrable Plant Varieties. FARMERS VARIETIES: Traditional varieties developed and conserved by farmers. EXTANT VARIETIES: Plant variety already in existence for not more than 15 years at the time of notification of the plant species for registration by the Authority and to be registered within stipulated period as per species/category as specified by the Authority at the time of notification. NEW VARIETIES: New varieties are those recently developed varieties, which are either breed by scientist or by farmers. ESSENTIALLY DERIVED VARIETIES: Means a variety which has been essentially derived from existing variety by any of the following means: ( i ) Genetic Engineering (ii) Mutation (iii) Tissue Culture Derived (iv) Back Cross Derivative (v) Any other (Ploidy change etc.).

Plant Varieties Criteria. 04 NOVEL VARIETY HAS TO BE NEW DISTINCT IF THE VARIETY HAS AT LEAST ONE ESSENTIAL CHARACTERISTIC DIFFERENT FROM OTHER EXISTING VARIETIES. UNIFORM VARIETY HAVING SUFFICIENTLY UNIFORM ESSENTIAL CHARACTERISTICS STABLE ESSENTIAL CHARACTERISTIC REMAIN UNCHANGED AFTER REPEATED PROPAGATION..

IP Type Type of Work Duration PATENTS Inventions / Innovations 20 years from fling date, subject to payment of annual renewal fees. No extension beyond 20 years. DESIGNS Aesthetics / ornamental and non-functional features of an article or product 10 years from filing date, renewable for further 5 years maximum protection period is 15 years). TRADEMARKS Distinctive signs or marks which serves to identify and distinguish goods or services of one business from another. For registered marks, 10 years from filing and renewable every 10 years for successive periods COPYRIGHTS Artistic, literary and musical works, sound recordings, films and broadcast, derivative works. Literary, Dramatic, Musical or Artistic Works - Lifetime of the author until 60 years from the death of the author. Sound Recording and Cinematograph Films - 60 years from the year in which the recording was published..

IP Type Type of Work Duration GEOGRAPHICAL INDICATIONS (GI) A product originating from a specific location which gives that product a unique and differentiating quality or reputation or other characteristics. A registered GI is valid for 10 years and can be renewed on payment of renewal fee. PLANT VARIETIES Recognize and protect the rights of the farmers in respect of their contribution made at any time in conserving, improving and making available plant genetic resources for the development of the new plant varieties. For trees and vines- 18 years from the date of registration of the variety. For extant varieties and others - 15 years from the date of the notification of that variety by the Central Government/date of registration respectively. SICLD A layout of transistors and other circuitry elements designed to perform an electronic circuitry function. 10 years from the date of filing an application for registration or from the date of first commercial exploitation anywhere in any country, whichever is earlier..

A comprehensive National IPR Policy has been approved that will not only stimulate innovation and creativity across sectors, but will also provide a clear vision regarding IPR issues. The Policy document is available at dipp.nic.in and cipam.gov.in..

A scheme for facilitating Start-ups Intellectual Property Protection (SIPP) has been launched for encouraging innovation and creativity of start-ups. Under the scheme, the Government bears the entire cost of the facilitator/agent who assists the start-up to file for any number of patents, trademarks or designs..

Patent (Amendment) Rules, 2021: Has extended the 80% rebate on patent filing fee to educational institution. Patent (Amendment Rules) 2019: Rule 24c: Added 8 new classes of applicants, those can file request of expedited examination. Transmittal fee for International Application no longer payable Patent (Amendment Rules) 2016: Refund of examination fee: Can claim refund up to 90% of examination fee, if application withdrawn before issue of first FER..

For Further Information DIPP: Nodal point for all IPR policy issues: http://dipp.nic.in/ CGPTDM office: For filing of IP applications/ to obtain real time status of all IP applications/ checking grants/ registration of IPRs: www.ipindia.nic.in Copyright office: For information related to filling and status of copyright applications: http://copyright.gov.in Startup India: For information regarding startups: http://startupindia.gov.in.

Thank You.