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Laws Relating To Intellectual Property Rights [IPR]
 

Intellectual Property Rights (IPR) defines variety of legal rights in protecting products of intellectual efforts of creativity in the fields of applied art, knowledge and fine arts. Intellectual Property Rights mainly comprise trademarks, patents, copyrights, service marks, designs and confidential information (trade secrets), know-how etc. and the right to protection from passing off.

Intellectual Property Rights are of great importance for modern industry and commerce and, in many cases, they have a very important effect on the economy and on the very existence of a business entity. These comprise the right to control the use of technology and creative material, including rights in artistic, musical and literary work, and the right to prevent others from misusing certain marks, symbols and drawings and in distinguishing one from the other.

 

Intellectual Property Rights provide means by which an owner or an innovator can protect his innovation etc. from being imitated and safeguard the fruits of his valuable labour and investment. Basically, an Intellectual Property Right gives a remedy to its owner against those persons who want to reap the fruits of his ideas or work. The value of Intellectual Property cannot be defined in monetary terms; it is an intangible asset of any corporate entity.

 

IPRs can stimulate trade, investment, innovation and technology transfer for development. IPRs provide a vital incentive for investment in expensive biotechnological research. They give companies the safeguards necessary to encourage them to commercialise their products.

 

Laws, Rules& Regulations, Conventions and Treaties on Intellectual Property Rights

    • The Copyrights Act, 1957  and  The Copyrights Rules, 1958
    • The Trade Marks Act, 1999  and  The Trade Marks Rules, 2002
    • The Geographical Indications of Goods (Registration and Protection) Act, 1999  and   The Geographical Indications of Goods (Registration and Protection) Rules, 2002
    • The Designs Act, 2000 and The Designs Rules, 2001
    • The Semiconductors Integrated Circuits Layout-Design Act, 2000 and The Semiconductors Integrated Circuits Layout-Design Rules, 2001
    • The Biological Diversity Act, 2002 and The Biological Diversity Rules, 2004
    • The Patents Act, 1970 and The Patents Rules, 2003
    • The Protection of Plant varieties and Farmers Rights Act, 2001 and The Protection of Plant varieties and Farmers Rights Rules, 2003
 

Professional Opportunities

 
  1. Registration Services - Registration of Patents, Trademarks, Copy rights & Geographical indications etc. at both national & international level
  2. Representations before statutory authorities wherever permissible and possible.
  3. Documentation - Drafting of Application for registration of the Intellectual property rights
  4. Valuation of the Intellectual property rights and Strategic Advises related to Sale / Acquisitions of Intellectual property rights.
  5. Advisory Services on Taxation of Intellectual property rights - Service Tax , Income Tax and  Capital gains
  6. Accounting of Intellectual property rights
  7. Negotiating Royalty , Agency, Distribution, Franchise , Drafting licenses , non-disclosure agreements and Licensing agreements
  8. Joint venture and Foreign Collaboration
  9. Intellectual Property Management & Audit
  10. Preparation for contesting opposition against application for registration of Intellectual property rights (in case of Patents, Trade marks, Geographical Indicators)
  11. Registration of copyright protected works i.e. literary, artistic, cinematographic work and computer programs.
  12. Patent and trademark litigation support including representation in hearings before the examiner, assistant, deputy, joint controller and controller of patents and assistant registrar and registrar of trademarks, filing oppositions and initiating infringement actions.
  1. Function as an Arbitrator - resolve infringement matters - through Alternative Dispute Resolution  when appropriate
  2.  Advisory on acquisition of intellectual property assets and a thorough due diligence review of complex ownership issues.
  3.  Advisory and assistance  in negotiating and structuring intellectual property development Agreements, including joint development agreements
  1. Analyzing and assisting in strategically positioning Intellectual property rights to achieve maximum valuation and growth
  2. Registration of Domain Names
  1. Infringement Analysis Opinions and certifications
  2. Advisory on assignments of Trademarks
 

Related Web sites

Patents Office  http://www.patentoffice.nic.in/ipr/patent/patents.htm
Copy Right Authority under the Ministry of Human Resource and Development 

http://copyright.gov.in/   

Trade Mark registry  http://www.patentoffice.nic.in/tmr_new/default.htm
Designs registration office http://www.patentoffice.nic.in/ipr/design/designs.htm
Information on Geographical Indicators http://www.patentoffice.nic.in/ipr/gi/geo_ind.htm 
The Convention on Biological Diversity   http://www.biodiv.org/default.shtml
India’s Clearing-House Mechanism site India’s Clearing-House Mechanism site
Ministry of Environment & Forests http://envfor.nic.in/
Information on protection of plant varieties and farmers rights http://www.plantauthority.in/ 
About Intellectual Property Rights http://www.ipindia.nic.in/ipr/patent/pat_inaug.htm
 
 
 
 
 
 
 
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