IPRNewsletter Jan-Mar
IPRNewsletter Jan-Mar
VOLUME 2 | ISSUE 1
TNETNOC FO ELBA
PROF. UNNAT P. PANDIT
1 APPOINTED AS THE CGPDTM
INAUGURATION OF NIPAM
4
A BRIEF ON INTELLECTUAL
7 PROPERTY
He has Managed Innovation Exhibitions organized in partnership with Israel, Singapore and
Russia partners. Engaged in planning execution of Three Champions of Change events,
Global Entrepreneurship Summit organized in India. He was also Head of IP at Cadila
Pharmaceuticals Ltd and Deputy Manager (IP Management) at Dr. Reddy’s Lab and lecturer
at U B Bhagat Science Mahila College, Amreli, Gujarat; JRF at B V Patel PERD Centre and
Research Fellow at Dept of Chemistry MK Bhavnagar University. He is also professionally
associated as a Board Member of National Biodiversity Authority, Ministry of Environment,
Forests and Climate Change, Govt of India; Member of Innovation Committee Constituted
for CSIR Re-orientation by DSIR, Ministry of Science & Technology; Member of Screening
cum Expert Committee for CSIR, DSIT GoI Units namely, TKDL, URDIP and 4PI; Member of
SAC for Women Scientist Scheme-C (WOS-C) under ‘Women in Science and Engineering-
Knowledge Involvement in Research Advancement through Nurturing (WISE-KIRAN) division
of Department of Science and Technology, Ministry of Science and Technology, Govt of
His academic associations include: Chairperson, IPM Cell Committee and Academic Council
Member of Jawaharlal Nehru University; Trustee, Research for Resurgence Foundation
enabling Intellectual Property driven Bharatiya research; Member of the Board of
Governance, University of Jammu SPV Foundation, University of Jammu, J&K; Member of
Governing Council, BMS Institute of Technology and Management, Bangalore, Karnataka;
Honorary Visiting Professor of IP and Innovation at SGT University, Gurugram, NCR Delhi;
Distinguish Fellow of Sanrachna - A research-driven Innovation & Knowledge economy
policy think tank of India; Member of Board of Governance, C V Raman Global University,
Bhubaneswar, Odisha; Former Dean of Atal Bihari Vajpayee School of Management and
Entrepreneurship (ABVSME) at JNU; Former Member, Academic Council, and Member,
Research Council, Gujarat Technological University, Ahmedabad; Former Member,
Academic Council, National Resource Centre (NRC) of UGC-HRDC-SGB Amravati University;
Former Member of Advisory Board, Centre for Intellectual Property Rights, Gujarat National
Law University. He has published 16 research paper/scientific review articles in journals of
international and national repute among which 08 are patent applications filed with patent
office on different scientific inventions wherein 3 patents are granted. He has written three
books on Dr. APJ Abdul Kalam with the focus of readership among school and graduate-level
students. These books are dedicated to students and youth of India in memory of Dr. Kalam.
The books are: “Do You Know: Dr. APJ Abdul Kalam?”; “Prerana Ki Udaan”; “Prerana nu
Zarnu”: Dr Abdul Kalam in Gujarati by Rashtra Aaradhan, Ahmedabad - The book is also
under translation in different regional languages i.e. Assamese, Marathi, Telugu, Malayalam
and Tamil - to make the book available for visibility challenged people, the publication will
also be typed in Braille which may be the first book of Dr. Kalam available in Braille.
Source: http://www.unnatpandit.com/UP-V2/UP-V2/content/img/UnnatPanditProfile.pdf
https://www.jnu.ac.in/content/unnatppandit
The field of Intellectual property is quite dynamic. We are seeing many developments in the
field of intellectual property. Still there exists a gap between the creation of intellectual
properties and their protection. The creator or the owner of intellectual property rights in
many cases, does not have sufficient knowledge or have improper knowledge about the
ways to protect intellectual property rights.
Hence there comes a need to educate the people about the protection of Intellectual
Property Rights.
The creator or the owner of intellectual property right must know the advantages of
registering IPRs.
This program for IPR awareness called as NIPAM, shall definitely bring a great impact in the
registration of IPRs.
NIPAM covers a vast range of students of colleges and schools. The student of the day is the
future of the world. Educating the students about their IPRs means more IP creation in
future.
Let us spread the knowledge about IPR in every nook and corner of the country on the
occasion of 75 years of completion of Indian Independence under the initiative of Azadi Ka
Amrit Mahotsav of Government of India.
Inauguration of NIPAM
On 8th Dec 2021, Shri Anurag Jain, Secretary, DPIIT inaugurated the National Intellectual
Property Awareness Mission (NIPAM) after a short briefing by Shri Rajendra Ratnoo, Joint
Secretary, DPIIT & Controller General of Patents, Designs and Trademarks (CGPDTM) ,
Ministry of Commerce & Industry.
After the inauguration, a training session was conducted by Dr Usha Rao, Deputy Controller
of Patents & Designs, on general IPR, Dr Pankaj Borkar, Deputy Controller of Patents & Designs,
on Patents, Dr J K Pradhan, Deputy Controller of Patents &Designs, on Designs, Shri A P
A National Intellectual Property Awareness Mission (NIPAM) under the initiative of the
Government's "Azadi Ka Amrit Mahotsav", has been launched by Shri Anurag Jain, Secretary,
DPIIT on 8/12/2021.”
Further, from the said official handle another tweet posted which is “The pan-India
ambitious mission aims to provide awareness on intellectual property and its rights to 1
million students. It aims to inculcate the spirit of creativity and innovation to students of
higher education (classes 8 to 12)” & it aims to ignite and inspire students of
college/Universities to innovate and protect their creations. Sh Jain emphasized importance
of role of a strong IPR ecosystem in advancement of a country and said it is a tool for a IP
holder to become "Job giver rather than job seeker" and “Sh. Rajendra Ratnoo, Joint
Secretary, DPIIT and CGPDTM motivated the officers of CGPDTM to spread awareness on
intellectual property so that a more conducive environment of innovation and creativity is
established in the country.”
Key Takeaways:
Patent right is granted for a limited period of time i.e. 20 years from the date of
filing. It gives territorial right, exclusive right and can been forced only in the country
where it has been granted.
The patent right may enable the patentee to derive material benefit, to which
he/she is entitled, as a reward for his intellectual efforts and compensation / royalty
for expenses incurred in research and experimentation relating to his invention.
Examples:
INDUSTRIAL DESIGNS
Design means only the features of shape, configuration, pattern, ornament or composition
of lines or colors.
It must be applied to any article, whether two dimensional or three dimensional or in both
forms, by any industrial process or means, which in the finished article appeal to and are
judged solely by the eye.
Such a design is registrable, provided it is new or original and not contrary to public order
or morality or does not contain obscene or scandalous matter.
Benefits:
Registration of a design confers upon the registered proprietor the exclusive right to
apply a design to the article in a class-in which the design has been registered.
Industrial Designs are of great commercial value because design of the article can
often be a unique selling point. When companies are competing at equal price and
Examples of designs:
COPYRIGHT
Copyright is a branch of intellectual property which gives author of an original creative work
exclusive right to copy and distribute or authorise copying and distribution of the creative
work. The creative work can be literary or dramatic ranging from books, photographs,
paintings, sculptor, music, cinema, drama to architectural drawings, computer programmes,
database, advertisements and maps. In India law of copyright is governed by the Copyright
Act, 1957 and the Copyright Rules, 2013. Copyright protects expression of ideas rather than
ideas themselves.
original literary works such as novels, poems, plays, reference works, newspaper
articles; dramatic; musical and artistic works such as paintings, drawings,
photographs, and sculpture;
cinematograph films; and
sound recording.
Term of Copyright:
Copyright subsists in any literary, dramatic, musical or artistic work till the lifetime of the
author plus sixty years. In any anonymous or pseudonymous work, copyright shall subsist
until sixty years from the year next following the year in which the work is first published. In
case of cinematograph films, sound recordings, Governement work or works of international
organisation copyright shall subsist until sixty years following the year when it was
published.
Registration of Copyright:
The author or publisher of, or the owner of or other person interested in the copyright in,
any work may make an application in the prescribed form accompanied by the prescribed
fee to the Registrar of Copyrights for registering the work by entering particulars of the
work in the Register of Copyrights.
Under the Copyrights Act, registration of a Copyright is prima facie evidence of its validity.
Copyright registration enables the author of the work to take recourse of remedies provided
in the Copyright Act alongwith common law remedy.
TRADEMARK
Trade mark is a mark which provides distinctive identity to a particular goods or service so
that it can be distinguished from similar goods and services. Trade mark is a kind of
intellectual property meaning a mark capable of being represented graphically and which is
capable of distinguishing the goods or services of one person from those of others and may
include shape of goods, their packaging and combination of colours. Mark includes a device,
brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods,
packaging or combination of colours or any combination thereof. In India law relating to
trademarks are governed by the Trade Marks Act, 1999 and the Trade Marks Rules, 2017.
Importance of trademark:
Trademarks help to associate a business’s reputation with its products in market and
ultimately help in building brand value.
A person who claims to be the proprietor of the trade mark in relation to goods and /or
services may apply for the registration of a Trade Mark. The person may be a legal or natural
person.
Procedure:
A proprietor of the mark can apply before the Registrar of Trade Marks online or physically
through the Trade Marks registry of appropriate jurisdiction on prescribed form
accompanied with prescribed fee.
Registration of a trademark gives to the registered proprietor of the trade mark the
exclusive right to the use of the trade mark in relation to the goods or services in respect of
which the trade mark is registered and to obtain relief in respect of infringement of the
trade mark in the manner provided by the Trade Marks Act.
GEOGRAPHICAL INDICATIONS
Geographical Indication refers to any indication that identifies the goods as originating from
a particular place, where a given quality, reputation or other characteristics of the goods is
essentially attributable to its geographical origin. e.g., Darjeeling Tea, Basmati Rice,
Kanchipuram silk, Nagpur oranges, Makrana marble, Blue Pottery of Jaipur, etc.
4. Historical Origin
For a Producer:
A producer of a good which has been accorded the status of a geographical indication has
various commercial advantages. The producer becomes the sole seller of the
GI registration provides the registered producer and the authorized user the exclusive right
to protect the registered GI on the specified goods. GI registration is a producer friendly
legislation, aimed at protecting the industry for unique goods, whose uniqueness exists due
to their geographical location. GI, as a type of Intellectual Property (IP), has a lot of
commercial value.
For a Consumer:
A good which has a GI tag is associated with immense reputation in terms of quality and
prestige. A consumer gets value for their money when they buy a good with a GI tag, as the
tag ensures that the product has all the features associated with it. For example, the taste of
real Darjeeling tea is different from that of those trying to pass of their products as the
same.
The majority of goods applying for GI Registration belong to the micro, small and medium
enterprises, which majorly originate from the rural areas. GI registration aids the enterprises
to increase their market share, which otherwise would have been dominated by the large
businesses. Hence, the consumers get authentic goods instead of generic and mass
produced goods.
SICLD
Intellectual Property Protection Acts such as Industrial Designs and Semiconductor
Integrated Circuits Layout Design Act 2000 (“SICLD” hereinafter) rarely attract our attention.
"Semiconductor Integrated Circuit (SIC)" means a product having transistors and other
circuitry elements, which are inseparably formed on or inside a semiconductor material or
an insulating material and designed to perform an electronic circuitry function.
Also called chip or microchip, these IC chips form an integral part of every electronic device
like computers and processors, television, electronic watch, mobile phones, CNC machines
etc. SICs are fabricated from a complex series of semiconductor layers, dielectrics and other
circuit elements interconnected on a substrate. The layout-design of a semiconductor
India heavily depends on semiconductor imports to meet industry needs. Until last decade,
80-90% of semiconductors were imported from countries such as China, Japan, and Korea
among others. With initiatives like “Make in India”, “Digital India” and other efforts by the
government, promotion of local semiconductor manufacturing is logical.
Overview of “SICLD”
SICLD or SIC topography is an IPR governed by SICLD Act, 2000 and SICLD Rules, 2001
Easy to file and process - Only few documents and the layout-design in a suitable format are
required with filing fees.
The criteria for registration of an integrated circuit layout design are that it should be:
o Original,
o Distinctive,
o Capable of being distinguishable from any other layout design,
o Have not been commercially exploited anywhere in India or in a convention country
The registration of a layout-design shall be only for a period of ten years counted from the
date of filing an application for registration or from the date of first commercial exploitation
anywhere in India or in any country whichever is earlier.
From Left to right: Mr. Kuldeep Jangir, Examiner of P&D delivering lecture on basics of IPRs at St. Xavier’s
College Mapusa, Goa; Rosary College of Commerce & Arts, Navelim, Goa.
Mr. Arpit Jain, Examiner of P&D delivered a lecture on basics of IPRs at Govt. College of Arts, Science &
Commerce, Khandola, Goa.
Mr. Arpit Jain, Examiner of P&D delivering lecture on basics of IPRs at St. Gonsalo Garcia College of Arts &
Commerce, Vasai, Maharashtra.
From Left To Right: Ms. Mehak Batra, Examiner of P&D delivering lecture on basics of IPRs at Guru Nanak
College of Science, Arts & Commerce, Mumbai; Govt. College Deotalab, Rewa, M.P.
Mr. Jitendra Choure, Asst. Controller of P&D delivered lecture on basics of IPRs at Nabira Mahavidyalay, Katol,
Maharashtra
From Left to right: Mr. Hemant Khosla, Deputy Registrar of Copyrights delivering lecture on basics of IPRs at
Moradabad Institute of Technology, Moradabad, Uttar Pradesh; Mr. Dharmendra Pal, Examiner of P&D
delivering lecture on basics of IPRs at Govt. Co-Ed Secondary School, Delhi
IPR Newsletter, Vol. 2 Page 17
Mr. R.K Meena, Examiner of P&D delivering lecture on basics of IPRs at GSSS, Bhajera, Alwar, Rajasthan.
Mr. Shailendra Singh, Examiner of P&D delivering lecture on basics of IPRs at Kamla Devi Sarvodaya Vidhyala,
Seohara dist. Bijnor
Mr. Shailendra Singh, Examiner of P&D delivering lecture on basics of IPRs at Invertis University, Bareilly
From Left to right: Ms. Prachi Prateeti, Examiner of P&D delivering lecture on basics of IPRs at University of
Ladakh; Mr. Bharat Goyal, Examiner of P&D delivering lecture on basics of IPRs RCU Govt. PG College.
Mr. Rahul Dhakad, Mr. Raj Kumar Meena and Mr. Sunil (Examiners of P&D) delivered a lecture on basics of
IPRs at G. D Goenka University.
Mr. Rahul Dhakad, Examiner of P&D delivered a lecture on basics of IPRs at Bhiwani, Harayana.
Mr. Hemant Khosla (Deputy Registrar of Copyrights), Ms. Chhavi Garg, Ms. Nitya Tyagi and Mr. Bharat Goyal
(Examiners of P&D) delivered lecture on basics of IPRs at GSSS, Jassur, Himachal Pradesh.
Ms. Chhavi Garg and Ms. Nitya Tyagi (Examiners of P&D) delivering lecture on basics of IPRs at GBSSS, Nurpur,
Himachal Pradesh
Mr. Surajit Paula and Mr. Sunil Sharan Yadav (Examiners of P&D) delivering lecture on basics of IPRs at School
of Legal Studies and Governance, Rajasthan.
Mr. Hariprasath P., Examiner of P&D delivering lecture on basics of IPRs at PSG institute of technology,
Coimbatore
Mrs. B Sindhuja, Examiner of Trademark delivering lecture on basics of IPRs at Government Law College,
Tirunelveli
Mr. Madhan Raj, Examiner of P&D delivering lecture on basics of IPRs at Manakulavinayagar institute of
technology, Puducherry.
Mr.Varaprasad, Asst. Controller of P&D (GPM) delivering lecture on basics of IPRs at NNR school of
engineering, Hyderabad.
Mr. Prasenjit Paul and Mr. Sankhadeep Pal (Examiners of P&D) delivering lecture on basics of IPRs at Bhudeb
Sriti
Mr. Koushik Pal and Dr. Sagar Khan (Examiners of P&D) delivering lecture on basics of IPRs at Mary Immaculate
School, Berhampore Murshidabad.
Patents Rule Amendment dated 21/09/2021 reflects the below mentioned changes in fee
schedule.
The above table clearly shows the fees have been reduced to 1/5th of the earlier fees which
will reduce the patent processing cost.
The advantage of filling of the Request for expedited examination is that the examiner shall
make the report ordinarily be within one month but not exceeding two months from the
date of reference of the application where in case of normal examination request the time
line is be within one month but not exceeding three months from the date of reference of
the application provided the application has already been published or request for early
publication has already been filed.
We express our deepest gratitude to you for being a Guest Speaker on the Topic “Intellectual
Property Rights Awareness” Seminar organized for our College by your office of the Controller
General of Patents, Designs & Trademarks, Government of India Ministry of Commerce & Industry
DPIIT on 18th December, 2021 at 10.30 a.m.
Principal
DPM's Shree Mallikarjun and Shri Chetan Manju Desai College,
Canacona, Goa
This is to extend our sincere gratitude for delivering an insightful, informative and thought provoking
lecture as Guest Speaker on Intellectual Property Rights Awareness Programme held on 18th
December 2021 at DCTs Dhempe College of Arts and Science, Miramar, Goa. It was really a splendid
presentation which exposed students to the field of intellectual property rights. All the students
appreciated and benefited from your knowledge on the subject. We look forward to your
cooperation in promoting professional education in the future.
Regards
Prof. Anupama Sharma
Dean, Alumni Relations
Panjab University
Chandigarh
I would like to extend my sincere gratitude to you for accepting our invitation to be the Resource
Person and delivering an informative talk to the students and faculty members on the topic
“Intellectual Property Rights (Patents, Designs, Trademarks, Copyrights and geographical
Indications)” on 20th Dec, 2021. Thank you for sharing your experience, time and expertise; your
session was exceedingly interactive, enriching, enlightening and well appreciated by all. We look
forward to associate with you in various such initiatives in the future as well.
Thank you very much for such a nice and interactive session. I am very much happy to share that
many participants were very delighted to hear from you.
With regards
Dr. Jignasa
(Associate Prof., SVNIT, Surat, Gujarat)
Call us at – 9867452324 (whatsapp number, you can send articles and webinar related
information)