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1. What is IPR?
IPR stands for Intellectual Property Rights which deals with the exclusive rights owned by the creator for his creations that are an outcome of his labour, skill, judgment and efforts. Since they are conceived in the mind and conceptualized therein they are called intellectual properties. IPRs include Patents, Trade Marks, Designs, Geographical Indication, Copy rights and Layout Design of Integrated Circuits.
2. Which admistration is responsible for the IPR in the country?
S.No Ministry IPR Governed
3. What is Patent?
A Patent is an intellectual property right relating to inventions and is the grant of exclusive right, for limited period, provided by the Government to the patentee, in exchange of full disclosure of his invention, for excluding others, from making, using, selling, importing the patented product or process producing that product for those purposes.
4. When is an invention eligible for a patent?
An invention is eligible for patent when it satisfies three conditions viz Novelty, Inventive step and industrial application. According to The Patent Act, 1970 inventive step is defined as a feature of invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in art.
5. What are different types of Patent applications?
Ordinary Patent Application – Application for patent filed in India Conventional Application – Application for patent claiming priority date based on the filing of application in conventional countries. PCT/ International Application – Application for patent filed under Patent Cooperation Treaty claiming priority of invention among the member countries.
6. What is copyright?
Copy right is the right owned by creator of the work which includes literary, dramatic, musical and artistic work , cinematographic work, computer programs and musical recordings, for reproducing, performing and adapting the work.
7. What is an Industrial Design?
According to The Designs Act, 2000 "Design" means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device.
8. How is copyright defined with respect to design?
Copyright in any design, which is capable of being registered under the Designs Act, but which has not been so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process by the owner of the Copyright or with his licence, by any other person.
9. What is a Trade Mark?
According to the Trade Mark Act 1999, under section 2 z (b), a trade mark means 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.
10. What are different types of Trade Marks?
Associated Trade Mark – Different Trademarks registered by same proprietor can be associated as associated trade mark as per The Trade Mark Act, 1999.
Collective Trade Mark - Trademark distinguishing the goods or services of members of an association of persons other than the proprietor of the mark. Certification Trade Mark – Trade Mark associated with the certifying agencies.
11. Who gets better right? Whether the Registered user or Prior user?
The prior user of the Trademark gets a better right whether it is registered or not.
12. What is GI? Who all are eligible to file a GI application?
GI stands for Geographical indication with respect to the goods originating or manufactured in the particular country, region or locality and the reputation or other characteristics of those goods is attributed to the geographical origin. Any group or person or producers or any organization or authority producing the concerned goods will be eligible for the GI application.
13. What is the term of IPRs in India?
S.No IPR Term
14. When a patent can be compulsorily licensed?
When the patented invention is
then the invention can be compulsorily licensed to any interested person after completion of 3 yrs from the date of grant of patent, Under section 84 of the Patent Act, 1970.
15. Can a copyright and design be opposed before grant?
No. Copyright and design cannot be opposed like Trademarks and Patents .It can only be rectified after their registration.
16. Can I file a criminal case against GI infringer?
Yes. A GI infringer can be sued under criminal offence.
IPR stands for Intellectual Property Rights which deals with the exclusive rights owned by the creator for his creations that are an outcome of his labour, skill, judgment and efforts. Since they are conceived in the mind and conceptualized therein they are called intellectual properties. IPRs include Patents, Trade Marks, Designs, Geographical Indication, Copy rights and Layout Design of Integrated Circuits.
2. Which admistration is responsible for the IPR in the country?
S.No Ministry IPR Governed
- Ministry of Commerce and Industry Patents, Trade Mark, Designs and Geographical Indication
- Ministry of Human Resource Development Copyrights
- Ministry of Communication and Information Technology Layout Design of Integrated Circuits
3. What is Patent?
A Patent is an intellectual property right relating to inventions and is the grant of exclusive right, for limited period, provided by the Government to the patentee, in exchange of full disclosure of his invention, for excluding others, from making, using, selling, importing the patented product or process producing that product for those purposes.
4. When is an invention eligible for a patent?
An invention is eligible for patent when it satisfies three conditions viz Novelty, Inventive step and industrial application. According to The Patent Act, 1970 inventive step is defined as a feature of invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in art.
5. What are different types of Patent applications?
Ordinary Patent Application – Application for patent filed in India Conventional Application – Application for patent claiming priority date based on the filing of application in conventional countries. PCT/ International Application – Application for patent filed under Patent Cooperation Treaty claiming priority of invention among the member countries.
6. What is copyright?
Copy right is the right owned by creator of the work which includes literary, dramatic, musical and artistic work , cinematographic work, computer programs and musical recordings, for reproducing, performing and adapting the work.
7. What is an Industrial Design?
According to The Designs Act, 2000 "Design" means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device.
8. How is copyright defined with respect to design?
Copyright in any design, which is capable of being registered under the Designs Act, but which has not been so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process by the owner of the Copyright or with his licence, by any other person.
9. What is a Trade Mark?
According to the Trade Mark Act 1999, under section 2 z (b), a trade mark means 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.
10. What are different types of Trade Marks?
Associated Trade Mark – Different Trademarks registered by same proprietor can be associated as associated trade mark as per The Trade Mark Act, 1999.
Collective Trade Mark - Trademark distinguishing the goods or services of members of an association of persons other than the proprietor of the mark. Certification Trade Mark – Trade Mark associated with the certifying agencies.
11. Who gets better right? Whether the Registered user or Prior user?
The prior user of the Trademark gets a better right whether it is registered or not.
12. What is GI? Who all are eligible to file a GI application?
GI stands for Geographical indication with respect to the goods originating or manufactured in the particular country, region or locality and the reputation or other characteristics of those goods is attributed to the geographical origin. Any group or person or producers or any organization or authority producing the concerned goods will be eligible for the GI application.
13. What is the term of IPRs in India?
S.No IPR Term
- Patent 20 yrs. After which it comes to public domain
- Design 10 yrs. Can be renewed after that for 5 more years
- Trade Mark 10 Yrs and can be renewed time to time for unlimited period
- Copyrights Life span of the author plus 60 yrs
- Geographical Indication 10 Yrs and can be renewed time to time for unlimited period
14. When a patent can be compulsorily licensed?
When the patented invention is
- not available to the public at reasonable price
- required by the public and
- not worked in India
then the invention can be compulsorily licensed to any interested person after completion of 3 yrs from the date of grant of patent, Under section 84 of the Patent Act, 1970.
15. Can a copyright and design be opposed before grant?
No. Copyright and design cannot be opposed like Trademarks and Patents .It can only be rectified after their registration.
16. Can I file a criminal case against GI infringer?
Yes. A GI infringer can be sued under criminal offence.