Patents, Trademarks and Copyright

Patents, Trademarks and Copyright   

1. Identify a lit of five items, which have been patented and find out under what provisions of Law they have been patented.
I’m still in the process of preparing an answer for this.
2. When was the India Patent Act enacted? What are the major provisions of the Act?
Patents are usually granted for a product or service invented. The definition for “Invention” is defined under the Patents Act 1970. This definition is amended from time to time.
“An invention means a new product or process involving an inventive step and capable of industrial application”
An invention should meet the following criteria to be eligible for being patented.

1. It must be novel
2. It should have an inventive step and
3. It is capable of industrial application

The invention must be a machine, article or substance produced by manufacture or the process of manufacture of an article. It can also be for an improvement of an existing article or of a process of manufacture. In case of medicine or drug and certain classes of chemicals no patent is granted for the product. In these cases, only the process of manufacturing the substance is patentable. However, product patents would be available for drugs and food materials from 2005 as India’s obligations under the TRIPs (Trade Related Aspects of Intellectual Property Rights) Agreement.
In India, the following products or services or processes can not be patented. They are

1. The products or services which are not inventions.
2. Invention relating to atomic Energy.

3. What are the essential conditions for a material to be patented?

1. New compounds having practical economic utility. The following are examples.
   1. additives
   2. compounds with useful <biological properties
   3. intermediates
   4. dyestuffs
   5. polymers
2. New compositions composed of known compounds formulated for special users. The following are examples
   1. insecticides
   2. pharmaceuticals
   3. elastomeric compostions
3. New uses
   1. Use claims like “use of substance X as ….. (e.g., insecticide, herbicide etc.)”
   2. process claims
   3. ‘substance for use’ claims
4. New processes : For preparing useful products novelty resides in
   1. the product
   2. reagents used
   3. the catalyst
   4. reaction conditions, and
   5. combination steps
5. New methods of treatment (chemical) of
   1. industrial materials (including plants)
   2. humans/animal, if the treatments is non-therapeutic (but USA allows therapeutic methods)

4. What does a Trademark convey?
The term Trade Mark is usually applied to

1. a word
2. a name
3. a symbol
4. a logo
5. a device
6. or a combination of the above

used by

1. a manufacturer
2. a trader
3. an individual
4. or a company

for transacting a business. The trademark conveys a certain meaning or an association to the client.
The trademark helps the customer in identifying a particular commodity and helps in distinguishing the same from other.
5. Identify at least Five Trademarks of different agencies and find out what meaning they convey?
Answer for this question is yet to be prepared.
6. Under what provisions of Law are the Trademarks registered?
In order to protect the rights of using that Trademark, the individual or the company can get it registered under the civil laws of the country. Once registered, they retain the ownership for use of the Trademark and can prohibit others from using them. Misuse of Trademark by others could lead to interference with the goodwill the individual or the company has established in a given market. Hence infringement on the trade mark or counterfeiting them may attract necessary provisions of law and become punishable offences.
7. Which of the Governmental agencies are involved in registering a Trademark?
Answer for this question is yet to be prepared.
8. What is the normal procedure adopted in registering a Trademark?
The normal legal procedure adopted in registering a trade mark is as follows.

1. The trademark should be capable of being graphically represented.
2. The trademark should be capable of differentiating the goods or services for different undertakings.
3. It should be used in relation to goods or services and should be able to indicate a connection in the course of trade between them.

The process involves the following steps.

1. The applicant submits a form along with the trademark (for instance the words in the slogan that should be protected or a copy of the logo or color that should be associated with their undertaking and requires a protection) and the goods and services to be registered.
2. After receiving the form, the trademark office validates the trademark against the trademarks that are already registers to see any conflicts. They also validate whether the trademark is unique for the goods and services indicated.
3. Once approved, there will be time period to see if any third parties can file an opposition against the trademark.
4. Once registered, the trademark is valid for 10 years. It can then be renewed for 10 more years after the payment of renewal charges.

9. What are the limitations of using a Trademark?
After registering the trade mark, “exclusive right” will be provided to the person or enterprise registering the trademark. However the trademark has the following limitations.

1. The protection granted will be very less for the trade marks containing personal names, “generic” words and place names. These are considered as too restrictive.
2. The exclusive right for a trade mark is applicable only to a particular trade or market area where it is used.
3. In general, the trademark protection is extended only to the sale of goods or services of the same type or class.
4. Though the trademarks are regarded as a type of property, no rights to them can be transferred apart from the product or services represented by the trademark.

10. What is Intellectual Property Act? When was it enacted in India and under what provisions of the constitution?
Answer for this question yet to be prepared
11. What types of items are covered under Copyright Act?
Copyrights are the legal provisions made to facilitate a creative individual to retain the ownership or the creative piece of work. It may relate to

1. an article
2. a book
3. a drawing
4. a painting
5. a composing
6. a music

or for that matter any creation that is intellectually oriented and displays the exclusive competence of the

1. individual
2. agency
3. or a company.

12. What types of exemptions are available for using the material overed under Copyright Act?
The following exemptions are available for using the material under Copyright Act.

1. The usage must be fair.
2. User of scientific papers for research or classroom teaching.
3. The material can be reproduced on print for textual reproduction, after taking
   1. after taking the necessary permission
   2. payment of fee
   3. or attribution.