January 25, 2019

Workshop on IPR for Students and Faculty Members

By MVJCE

(An initiative by MHRD, Institution Innovation Council)
Date: 10/01/2019
Time: 10.30 am to 1.00 pm
Venue: MVJCE Auditorium
Speaker: Dr. Rama Krishnamurthy

Profile of the Speaker:
Dr. Rama Krishnamurthy
Intellectual Property Attorney
IBHA IP SOLUTIONS

Dr. Rama holds a Ph. D in the field of Chemistry, bachelor’s degree in the field of Law and post graduate diploma in the field of IPR. With over 13 years of experience in Industry, Teaching and Intellectual property rights, she is practicing as a patent agent with the Indian Patent Office. She has been awarded a scholarship under DST-TIFAC’s Women Scientist program, to be trained in the field of patents.

Dr. Rama has experience in prior art searches using free and proprietary databases, and preparation of technology landscapes reports. She also has  vast experience in drafting, filing and prosecution of Indian patent applications and PCT applications. She has also filed oppositions and attended hearings at the patent office. She has published many papers in journals of national and international repute, too.

Dr. Rama works as IP consultant, and has drafted Intellectual Property policy, Technology Licensing agreements and other IP-related documents of the R&D organization – Centre for Nano and Soft Matter Sciences.

Participants:
677 students and 53 faculty members of various departments participated in the event.

Content Presented:
Intellectual Property Rights
Anything that is created out of a person’s intellect is Intellectual Property. Right over intellectual property that is obtained under Law of the Sovereign, is Intellectual Property Right. Intellectual Property refers to creations of the mind: inventions, literature and artistic works.

Need to protect IPR

  • It is your property!!!
  • To gain an edge in the business
  • To recover the costs
  • To continue to invest in the innovation/ improvement/maintenance of the property
  • To restrain counterfeiting

Need for International Protection

  • The need for International Protection of intellectual property (IP) became evident when foreign exhibitors refused to attend the International Exhibition of Inventions in Vienna, Austria, in 1873, because they were afraid their ideas would be stolen and exploited commercially, in other countries.
  • PARIS CONVENTION – 1883
    It established a Union for the protection of industrial property. The Convention is currently still in force. The substantive provisions of the convention fall into three main categories: national treatment, priority right and common rules.
  • WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO) – 1970
    WIPO is the United Nations specialized agency. It seeks to develop a balanced and accessible International Intellectual Property system, which rewards creativity, stimulates innovations, and contributes to economic development while safeguarding public interests.

Structure of Intellectual Property Office in India

  • Patent & Design Office – Kolkata, New Delhi, Mumbai, Chennai
  • Trademark Office – Kolkata, New Delhi, Mumbai, Chennai, Ahmedabad
  • Geographical Indication Office – Chennai
  • Copyright Office – New Delhi
  • Patent Information System – Nagpur

Patent

Patent, a Techno-legal document, is a protection granted by the government, giving an inventor the exclusive right to make, use and sell an invention, for a specified number of years.

The nature of inventions includes novelty, inventive step, utility and specific non-patentable inventions under the patent law. Who can apply, where to apply for patent protection, the difference between inventor and applicant – these were some of the points that were explained by the Guest Speaker. The types of patent application that include provisional and complete applications, the difference between these, PCT and conventional applications – these topics were also dealt with, extensively. The patent prosecution in India was explained.

Foreign Filing of Patent includes

  • Direct Filing
  • Paris Convention
  • Patent Co-operation Treaty

Trademark
Trademark is the term used to refer to a symbol, a colour combination, sign, phrase, picture, or combination thereof, which is, and can be used, to identify and differentiate a product or service originating from a particular source, against one originating from another source.

Trademark Registration procedure in India was explained in detail.

Copyright
Copyright is the exclusive and assignable legal right given to the originator, for a fixed number of years, to print, publish, perform etc.

Design Protection

  • Features of shape
  • Configuration
  • Pattern
  • Ornament or composition of lines or colours applied to any article
  • Two or three-dimensional form, or both

Design Registration Requirements

  • Should be New and Original
  • Should be possible to be made and sold as an individual item
  • Should be private and unpublished
  • Should be explicitly distinguishable from already existing designs
  • Should not have any obscene or inappropriate content

Term of Protection

  • 10 years from the date of registration; extendable to 5 more years

Where to file for Design Registration

  • In hard copy, at the Patent Office of the particular jurisdiction
  • e-Filling at https://ipindiaonline.gov.in/eDesign/goForLogin/doLogin

Reasons why Design Registration is Important

  • To get exclusivity right
  • To prevent others from using it
  • To obtain Certification of ownership
  • Broder protection then copyright
  • To enable Registration Certificate that can be used as evidence in court

Outcome of the Event:

Students and Faculty members were able to understand

  • The need to protect IPR
  • Intellectual Property offices in India
  • The importance of patent, types of innovations patentable