Ipr Workshop Report.docx

REPORT ON IPR WORKSHOP.

1.

2.

PATENT LAW CHALLENGES IN HOUSE COUNSEL’S PERSPECTIVE OF IP MANAGEMENT.

MS. VINITHA RADHAKRISHNA

MR. UMESH OLEKAR

3.

TRADEMARK REGISTRATION PROCESS

MS. MEERA

4.

IP VALUATION AND AUDIT INTRODUCTION

MR. AKSHAT PANDE

Done by : Student 1: K.SOUNDARYA (16040142141) Student 2: K.SWARNAPRABA (16040142151)

IPR WORKSHOP

Patent law challenges. MS. VINITHA RADHAKRISHNA Patent regime: a global perspective. Firstly Vinita mam went on a discussion about how patents are useful and what are the main basic concepts of patens. Patent regime is viewed in two perspectives firstly through technical aspect of law and legal aspect of technology. A patent is a protection given to the inventions. There are certain differences between the exclusivity and monopoly. The exclusitivity patent is where it can be benefited by everyone by exclusive right of making using and selling it .whereas monopoly is dealt with only a single person getting benefitted. Basically patent is necessary to exclusively identify the inventors and to promote more of their inventions. The patent law came into existence during popular stain art stage whereby the stain arts are to be embedded in church and any ritual sites for attraction. This stain art was an inherent form of art that came from republic of Venice. Where the artisans were so selfish about their work not to be copied so they went on for creating new designs and implemented it this was protected under designs act and thie designs were also protected . The patent rationale was social, economic, utilitarian and tragedy of commons. Social is where inventors are recognized, economic is where invention you made is the more you sell. Tragedy of commons is where any common property can be taken and if public gets benefited from it. The basic background of intellectual property is for public good.

Then the discussion went on about nature of protection of rights where: 1. Exclusive rights. 2. Negative rights. 3. Jurisdictional. 4. Limited period of time. The exclusive rights as already said it is where there is a right to sell , buy and make use of it in any forms. Negative rights is imposed to patent as they get the most important aspect of everything that it does not enable its owner to do anything that he or she wants. It is a negative right for government since they can pull the plug from public. Jurisdictional is deciding whether where patent law must be applied and it is also for a limited period of time. And the discussion went on about public disclosure where all information must be given to public. then we were given three exercises to understand about patent law that are changing globally. The first exercise were about how in the past people interacted and how the laws were made Exercise1. It was a mean full law for the people, where the people of Indus valley civilization were gathered together to make certain laws for the people We were asked to give some laws for the groups. Group 1: constituted of businessmen, merchants, traders, etc, Group 2: included artisans, builders, scientists, sculptors, cravers, artists,;5’etc. Group 3: was made up of doctors, farmers, social workers, public interest groups,etc. Group 4: had all other people of Harappa.

The laws which all the students gave: Group 1. 

Ideas alone cannot be protected it need to actualized.



Time limits was taken to be 7 years



Novelty

Group 2. 

economic benefits.



Increase scope of what is protected



No time limit



Remedies.

Group 3 

Public disclosure



Working



Anti monopoly



Use positively



Humanitarian considerations.

Referred : Monsanto’s case where Monsanto were aiming for patenting on genetically modified crops and plants. Group 4: 

Price ceiling



Availability



Time limit

Solution: law can be passed with more changes.

PATENTABILITY EXCLUSIONS WHERE ARE THOSE WHICH CANNOT BE PATENTED.

(Section 3d of Indian patents act ). 

Frivolous



Against publication order



New form of unknown substance



Mere admixture



Agriculture



Treatment



Plants and animals or part thereof



Business method, commuter program,maths



Copyrightable works



Mental act eg: playing chess any method playing doesnot amount to be a patent right



Intellectual circuit



Traditional knowledge.

REQUIREMENTS FOR PATENT 

Industrial applicability (current and credible )



Novelty ( publication,public knowledge, public use, sale)



Incentive step ( non obviousness, technology advance)



Specification (enablement, best mode, claims)

EXERCISE 2. (prior art) Breadth of fundamental patents 

Biotechnology



Nanotechnology



Space technology

Other issue 

Impact on public health



Traditional knowledge



Computer programs and business method.



Optimum balance between stake holders



right holder



New entrance



Public at large



Tragedy of anti commons (Thickets)



Trolls



Market dynamics (cell phone technology)



Shelf life



Competition



Return on investment

Competition is the deterrent to patent regimes Return on investment – deterrent to patent regime, spend so much money on investment but return is less. Innovative collaborations 

Pools



Licensing models



Open innovations

New patent regime: 

Functional



Value credit impact.



Hybrid market value



Less reliance on patents.



Patents ( tools ) .

Exercise 3. This exercise dealt with the inbuilt distilled water bottle where the inventions of the distilled water bottle were same and companies claimed infringement on the invention. The discussion went on about how to save it and the other way round.

IN- HOUSE COUNSELS PERSPECTIVE OF IP MANAGEMENT. MR.UMESH OLEKAR.

In this lecture there were full discussion about how the pharmaceuticals industry claiming patent for their new products. The discussion went on about patent technology in the process of laser treatment. Where how the laser treatment is done and what are the special kind of ways to do it. Mostly the discussion was all about how life science contributes to the intellectual property right. The main discussion was about drafting a license and he asked to add a very important clause of reverse engineering. Intellectual management does supply agreement and distribution agreement with case laws. And then the discussion was about clinical trials where subject and drafting are done. They are conducted in different countries. It is for understanding clinical operations. In India basically there is process patent and product patent. The manufacturing process of the drugs is protected under design act.

Ms. Meera Chature Sankhari Registration of Trademark- Process and Challenge The registration of trademark and how the registration is made and what are the challenges are there for registering the Trademark is been explained in this session.  At first in general what is a Trademark and its function has been explained. The 3 fold functions of trademark are 1. Identification of product and its use. 2. Indication about the unchanged quality of goods. 3. Advertisement of the product.  1. 2. 3. 4. 5.

The 2nd topic is why a trademark is necessary? For the identification of their product Exclusivity Customer protocol Communication tool Ability to advertise beyond goods and services  The next is about the kinds of Trademark: TRADEMARK

TRADITIONAL Some of the traditional marks are,

NON-TRADITIONAL Some of the Non-Traditional marks are,

1. Letters / words mark 1. Color marks 2. Slogans 2. 3- dimensional marks 3. Logo rd  The 3 topic is about the Trademark Registration Process: In that topic, we are supposed to ask questions at first before filing for the registration of a trademark 1. Do you want it in color or black and white ? 2. Do you want it in logo or in word? 3. Do you have any idea of establishing your company in introducing some other products in future? 4. Are you sure, is this your final logo?

 The 4th topic is about the process of registration of trademark, 1. 2. 3. 4.

Filing an application under Section-18 Examinate under Section- 18(4) and 18(5) & FER insurance Then see whether there is any objection or not If there is any objection then that must be filed within 30 days and in hearing the objection still sustained application/ withdrawal tainted. 5. If there is no objection the trademark can be published in the Trademark journal for a period of 4 months under Section- 20 Rule 39 to 41 6. After publication if there is any opposition within the 4 months, the opposition proceedings will be held and the registration of the trademark is to be proceed under Section- 21.  The 5th topic is about the grounds for refusal of trademark: The absolute grounds for refusal of trademark ( section-9): Section – 9(1) : devoid of distinctiveness, surnames, quality, kind of the products exclusively of marks or which became customary in the language currently. Section- 9(2) : mark which causes confusion, causes hurt to any class of people, scandalous/ obscene matter or which is prohibited under the copyrights act. The relative grounds for refusal of trademark (section-11): In that section- 11(1), 11(2), 11(3), 11(6) to 11(10) sections are explained briefly. And then in the Nice classification, class headings have been gone through by us randomly.  Later the duration and renewal ad removal and restoration of registration has been explained shortly. And finally with some case studies she completed her lecture.

Mr. Akshat Pande IP Valuation & Audit  At first he gave a short introduction about some topics which is,

  

Industrial property & copyrights Intellectual property which is Trademark, Copyrights and Patent

The Neo IP which is designs, Geographical Indications, plant varieties Biological Diversity  Further he also discussed about the difference between the Intangible assets and Intellectual property.  Later he discussed about the Benefits of Registration. Such benefits are ,     

Right to exclusive use Nationwide priority- Independent of Good will / Reputation Right to sue for infringement- Independent of Passing-off International Priority Registration with Customs

 The next topic is about the valuation process and deliverables :    

Pre-requisites of a valuation process Check list of documents and information Report structure The Valuation Pyramid

 He then briefly explained about the Valuation Pyramid.  The Valuation Pyramid has 4 levels.  The 1st level consists of four items ,  Purpose  Description  Premise  Standard  The second level consists of three items,  Legal  Business  Financial rd  The 3 level consists of 4 items,  Cost

 Income  Market  Option  The 4th level has only one thing-Deliverable.  This kind of valuation process can be followed by any kind of IP.  The valuation is done in various scenarios. He gave a short explanation regarding the valuation in litigation, taxation, securitization, insurance, financial reporting, transactions and stamp duty.  Also he explained more on the Methodology of Valuation which is in the Level-3 of Valuation Pyramid.  Later he discussed about the Corporate Lawyer and their skills and efficiency in the Corporate field and the tools which makes a good Corporate Lawyer in the Corporate Field. With the discussions regarding the Career he finished his lecture.