Intellectual Property Rights IPR Intellectual Property Rights Practice

Intellectual Property Rights (IPR) Intellectual Property Rights: Practice and Process 25 th November 2017 Dr. SHALEEN RAIZADA, CEO, SANSHADOW Consultants Pvt. Ltd. , New Delhi Ph. No. 9718694674.

Are You Aware? ƒ Intellectual property is a "product of your mind" and belongs to you, just like your house or your car. 6/13/2021 4: 39 PM (c) Sanshadow Consultants Pvt. Ltd. , New Delhi 2

Money for Idea ƒ Coke Can Opener ƒ LPG Cylinder Safety Cap 6/13/2021 4: 39 PM (c) Sanshadow Consultants Pvt. Ltd. , New Delhi 3

Methods of protecting IP ƒ Patents ƒ Copyright ƒ Trademarks ƒ Industrial Design ƒ Layout Design of Integrated Circuits ƒ Geographical Indications 6/13/2021 4: 39 PM (c) Sanshadow Consultants Pvt. Ltd. , New Delhi 4

What Is A Patent? ƒ Legal right ƒ Granted by the Government of India ƒ Prevents other people from making, using or selling your invention 6/13/2021 4: 39 PM (c) Sanshadow Consultants Pvt. Ltd. , New Delhi 6

Conditions For Patentability ƒ New ƒ Not obvious ƒ Industrially applicable 6/13/2021 4: 39 PM (c) Sanshadow Consultants Pvt. Ltd. , New Delhi 7

Use Prior to Date of Filing ƒ Applicant - Module Electronic AB ƒ Opponent - AB Cale Industry ƒ Patent - Parking Fee machine capable of receiving payment by credit card as well as coins ƒ Opposition claimed that “Parking Fee Pay Machine” identical to patent was accessible freely for use, prior to the date of filing ƒ Patent refused on grounds of “lack of novelty” 6/13/2021 4: 39 PM (c) Sanshadow Consultants Pvt. Ltd. , New Delhi 8

Patent Commercialization ƒ The patent can be sold or licensed to any party interested in working the invention ƒ You could ask for a lumpsome ammount while selling the patent ƒ Collect royalty subsequently 6/13/2021 4: 39 PM (c) Sanshadow Consultants Pvt. Ltd. , New Delhi 9

Procedure To Obtain Indian Patent ƒ Filing an application (Provisional specification) ƒ Filing complete specification ƒ Examination by Patent office ƒ Patent acceptance published in Gazette of India ƒ Opposition period ƒ Sealing of patent 6/13/2021 4: 39 PM (c) Sanshadow Consultants Pvt. Ltd. , New Delhi 10

Agreements caution ƒ Company with 6 innovations ƒ 2 very good but could not be patented due to Licensing Agreement ƒ “Modifications in original technology would belong to the licensor” 6/13/2021 4: 39 PM (c) Sanshadow Consultants Pvt. Ltd. , New Delhi 11

National IPR Policy Objectives 1. IPR Awareness: Outreach and Promotion 2. Generation of IPRs 3. Strong Legal and Legislative Framework 4. Administration and Management of IPR 5. Commercialization of IPR 6. Enforcement and Adjudication 7. Human Capital Development 6/13/2021 4: 39 PM (c) Sanshadow Consultants Pvt. Ltd. , New Delhi 15

Key highlight • Incentivize Indian inventors, MSMEs and start-ups to acquire and commercialize IPRs in other countries also. • Examine availability of Standard Essential Patents (SEPs) on fair, reasonable and non-discriminatory (FRAND) terms. • IPR generation for ICT technologies, including those relating to cyber security for India, will be encouraged. • Provide special incentives for creation of IPRs in green technologies and manufacture of energy efficient equipment. 6/13/2021 4: 39 PM (c) Sanshadow Consultants Pvt. Ltd. , New Delhi 16

Key highlight • Provide guidance to researchers and innovators about national priority areas to focus on, for instance in energy and food security, healthcare and agriculture, as well as specific sectors such as biotechnology, data analytics, nanotechnology, new materials and ICT. • Promote use of Free and Open Source Software along with adoption of open standards; possibility of creating Indian standard operating environments will be examined. • Providing seed funding for marketing activities such as participating in trade fairs, industry standards bodies and other forums; 6/13/2021 4: 39 PM (c) Sanshadow Consultants Pvt. Ltd. , New Delhi 17

Key highlight • Utilizing Technology Acquisition and Development Fund under the Manufacturing Policy for licensing or procuring patented technologies; • Creating mechanisms to help MSMEs and research institutions to validate pilots and scale up through market testing; • Small technology firms will be supported in safeguarding their IP rights; for instance, support for IPR in ICT focus areas will be provided through easy to -use portals. 6/13/2021 4: 39 PM (c) Sanshadow Consultants Pvt. Ltd. , New Delhi 18

Key highlight • Assistance to smaller firms for protection of their IPRs internationally will be enhanced, such as Deit. Y’s Support for International Patent Protection in Electronics and IT (SIPEIT • Facilitate Industry Associations, Inventor and Creators Associations and IP Support Institutions to raise awareness of IP issues and for Teaching, Training and Skill Building. • Strengthening IP Chairs in educational institutes of higher learning to provide quality teaching and research; develop teaching capacity and curricula and evaluate their work on performance based criteria. 6/13/2021 4: 39 PM (c) Sanshadow Consultants Pvt. Ltd. , New Delhi 19

Key highlight • Progressively introduce IP teaching in Schools, Colleges and other Educational Institutions and centres of skill development. • Facilitate Industry Associations, Inventor and Creators Associations and IP Support Institutions to raise awareness of IP issues and for Teaching, Training and Skill Building. • Develop distance learning and on-line courses on IP for all categories of users; strengthen IP teaching in open universities and centres of skill development. 6/13/2021 4: 39 PM (c) Sanshadow Consultants Pvt. Ltd. , New Delhi 20

Key highlight • Introduce multi-disciplinary IP courses/ modules in all major training institutes such as Judicial Academies, National Academy of Administration, Police and Customs Academies, Institute for Foreign Service Training, Forest Training Institutes. • Making IPR an integral part of the curriculum in all legal, technical, medical and management educational institutions, NIFTs, NIDs, AYUSH Educational Institutes, Agricultural Universities, centres of skill development and the like. 6/13/2021 4: 39 PM (c) Sanshadow Consultants Pvt. Ltd. , New Delhi 21

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