Category: Intellectual property rights

What is Copyright? Benefits of Copyright registration

Posted on by Business So Simple in Intellectual property rights

Copyright

Copyright means the right to copy. It gives an exclusive right to an individual or an entity towards their original work like books, scripts, software, artistic, training manuals cinematography, recordings, paintings, programming, designing, etc.

It is a right conferred upon the author or creator of the work that no one can copy or reproduce or replicate their original work without their permission as per IPR laws. This means that without the authorization of the owner, no one can reproduce or replicate their original work.

An individual or an entity is allowed to charge for using their work or modifying the same. Registration of Copyright ensures rights of the creator protected from any infringement. Copyrights are also transferable.

Benefits of Copyright registration

1. Work copyrighted can be sold or franchised and the owner can earn royalty out of that.

2. It is an intangible asset for the owner.

3. Creation of Public records of ownership and creating goodwill in the market.

4. Protection against piracy

5.No one can reproduce or modify or replicate the work copyrighted without Prior permission of the author. Owner can exercise control over the use of their creation say artistic or literary and ensure economic stability of author/creater.

6. If it comes to the notice of the owner that someone is copying or replicating their work, he/she can send a ‘cease’ notice which helps them avoid spending time in the court of law or legal proceedings. It serves as prima facie evidence during any litigation in progress.

7. It gives an exclusive right to the creator to exhibit their work in public which in turn builds the reputation/prestige worldwide.

8. Many other countries also recognize and protect the work copyrighted in India vis-à-vis similar privileges are allowed to works copyrighted in other countries.

9. Copyright’s protection extends to the creator’s life span + 60 years after his/her death.

The creator enjoys legal protection and enjoys a monopoly of his work and can earn reputation and royalties for his work copyrighted.

If your right is infringed and someone knowingly infringes or abates your rights, the punishment for the same is imprisonment for six months and with a minimum fine of INR 50000/-.

In case of a second or subsequent conviction, the punishment is imprisonment for one year and a fine of Rs. 1 Lakh.  

Offenses under copyright are non-bailable in nature.

PATENTS RULES, 2021 (Ministry of Commerce & Industry Press Release dated 01st Dec 2021)

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The Patents Rules, 2003 were amended by the Patents (Amendment) Rules, 2021 which came into force on 21st September 2021 vide Notification G.S.R. 646(E) of the even date. Vide the Patents (Amendment) Rules, 2021, the term ‘educational institution’ was defined in sub-rule (ca) of rule 2 of the Patents Rules, 2003 and the First Schedule of the Patents Rules, 2003 was also amended. Consequently, the said educational institutions will be eligible for benefit of reduced fee which is around 80% lower than the fee that is payable by other entities.

The scheme for facilitating Startups Intellectual Property Protection (SIPP Scheme) was initiated, on pilot basis, in 2016. The SIPP Scheme was run for the benefit of Start-ups, by providing for facilitators (registered patent agents, registered trade mark agents, lawyers, government organisations like TIFAC, NRDC, etc.) who would provide their professional services to the Startups but claim their fees from the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM). Based on the experience gained, the SIPP scheme was extended for a period of three years with effect from 1st April 2017 to 31st March 2020 and further from 1st April 2020 till 31st March 2023. With effect from 1st April 2020, applications filed through Technology and Innovations Support Centres (TISCs), established by collaboration between World Intellectual Property Organization (WIPO) and Department for Promotion of Industry and Internal Trade (DPIIT), can also avail the benefit of the SIPP Scheme.

Government of India has taken several initiatives to strengthen Intellectual Property Rights (IPR) ecosystem in the country, which includes modernization of Intellectual Property Rights offices, adopting e-service delivery system, real-time public dissemination of dynamic intellectual property (IP) knowledge, manpower augmentation, setting up of feedback mechanism, amendments in specific IP legislation for simplification of procedures, such as reduction of forms, incentivizing e-filing and reducing compliance burden.

This information was given by the Minister of State in the Ministry of Commerce and Industry, Shri Som Parkash, in a written reply in the Lok Sabha today.

Leading India’s intervention, Shri Piyush Goyal calls for waiver of IPR and dismantling new trade barriersin the global fight against the pandemic

Posted on by Business So Simple in Entrepreneurship, Intellectual property rights

Ministry of Commerce & Industry Press Release dated 12th Oct 2021

Leading India’s intervention, Shri Piyush Goyal calls for waiver of IPR and dismantling new trade barriersin the global fight against the pandemic


“We need to actively resolve new trade barriers like vaccine differentiations or COVID passports, which impose mobility restrictions and impede the movement of personnel needed for delivering critical services:” Shri Goyal’ssays at G20 Trade Ministers

Shri Goyal asks countries engaged in distant water fishing to stop subsidizing their fishing in high seas and gradually reduce their fishing capacities, particularly, for overfished stocks

Shri Piyush Goyal urges Developed Countries to fulfil their commitments regarding Transfer OfTechnology and Climate Finance

“India among few countries on track to exceed SDG commitments as per the Paris Agreement,” says Shri Goyal

Shri Piyush Goyal meets Ministers of G 20 to advance India’s trade position and negotiated bilateral and multilateral agreements

The Union Minister of Commerce & Industry, Consumer Affairs & Food & Public Distribution and Textiles, Shri Piyush Goyal has called for waiver of Intellectual Property Rights (IPR) and dismantling new trade barriers in the global fight against the COVID19 pandemic.

“Our response to the pandemic needs to ensure equitable access to vaccines and other COVID-19 related health products by ensuring quick resolution of the supply side constraints. One of the ways to demonstrate this is by accepting the TRIPS waiver proposal,” Shri Goyal said, in his address to the G20 Trade and Investment Ministerial Meeting in Naples, Italy today.

Shri Goyal called for actively resolving new trade barriers like vaccine differentiations or COVID passports, which impose mobility restrictions and impede the movement of personnel needed for delivering critical services.

“COVID-19 crisis is a powerful reminder of our inter-connectedness, and the need for a coordinated global strategy to overcome such an unprecedented public health situation,” he said.

Shri Goyal underlined the need for an early universal vaccination against Covid19.

“Apart from focusing on facilitating free flow of goods, I invite G20 countries to join in efforts to make health services accessible and more affordable by the citizens of the world by enabling free flow of health services,” he said, adding,“as a quick response to the pandemic, I am happy to inform that our telemedicine initiative “e Sanjeevani”, has been serving millions of Indians. I am happy to offer it to the entire world.”

Calling for an equitable and balanced outcome to the trade negotiations in the Fisheries sector, Shri Goyal advocated that countries engaged in distant water fishing should stop subsidizing their fishing in high seas and gradually reduce their fishing capacities, particularly, for overfished stocks.

“To achieve balanced outcomes in Fisheries Subsidies, policy space for future is a must, not only to protect the livelihoods of poor and marginal fishermen and address, the food security concerns but also to diversify, modernise and develop the fisheries sector, he said. Separately, Shri Goyal also discussed the Agreement on joint multilateral positions in Fisheries etc with his Australian counterpart during a one-to-one meeting yesterday.

In his G20 Ministerial Address, meanwhile, Shri Goyal also said India is committed towards the United Nations 2030 Agenda on Sustainable Development and the Sustainable Development Goals (SDGs).  

“India is among the few countries which is on track to exceed its commitments as per the Paris Agreement. We urge the Members to fulfil their commitments regarding Transfer Of Technology and Climate Finance, which are far from being fulfilled by the Developed Countries,” he said.

Shri Goyal said sustainability cannot be seen in isolation and has to be linked to making available grant based, long tenure, low cost and concessional & affordable technologies.

 “India has consistently maintained that environmental/sustainability measures need careful assessment to ensure that they do not become new trade barriers and the right forum for them is the dedicated Multilateral Environmental Agreements,” he said.

On Tuesday, it turned out to be a power packed day for Commerce Minister Piyush Goyal on the sidelines of the G20 Trade Ministers Meeting at Sorrento, Italy. He met with nearly 15 Ministers to advance India’s trade position and negotiated bilateral and multilateral agreements. Among the countries and dignitaries met included DG WTO, US, UK, EU, Brazil, China, Australia, South Africa, Indonesia, Canada, South Korea and Mexico.

Shri Goyal unequivocally put forth the position that India is working towards the success of the upcoming WTO 12thMinisterial Conference (WTO MC12) next month but the outcome must be just and equitable. “Historical wrongs against developing countries must be corrected rather than being carried over,” he said.

In his meetings with the Canadian Minister, Shri Goyal discussed steps to take forward the FTA negotiations with the newly elected Government while he called upon his South Korean and EU counterparts to accelerate review of the FTA. With the Mexican Minister, Shri Goyal discussed cooperation in healthcare. Shri Goyal also met with the DG, WTO to discuss the MC12 agenda.

India records 572% growth in grant of Patents in last 7 years

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India records 572% growth in grant of Patents in last 7 years


28,391 patents granted in 2020-21 as compared to 4,227 grants during 2013-14 .

Shri Piyush Goyal confers National Intellectual Property Awards 2020

Centre to impart training & awareness to 10 Lakh students on IPR matters in this Azadi ka Amrit Mahotsav (15th Aug, 2021 to 15 Aug, 2022)

14.2 lakh trademark registrations done in 4 years (2016-2020) in comparison to 11 lakh during 75 years (1940-2015)

India”s ranking in Global Innovation Index jumps to 48th in 2020, (+33 ranks from 81st in 2015-16)

IP has the power & potential to change lives & create livelihoods for billions: Union Minister Shri Piyush Goyal

Powered by Intellectual Property, India can be the Innovation Powerhouse of the world: Shri Goyal

We must aim to make India the “Design hub of World”: Shri Goyal

Intellectual property is the key for success of Start-up India, Make in India & Design in India – Shri Piyush Goyal

Ministry of Commerce & Industry Press Release Dated Aug 17, 2021

Minister of Commerce and Industry, Consumer Affairs & Food & Public Distribution and Textiles Shri Piyush Goyal today conferred the National Intellectual Property Awards 2020 to the winners at an event. Dr GiridharAramane, Secretary, Ministry of Road Transport and Highways and Department for Promotion of Industry and Internal Trade and other senior officials were also present at virtual event.

While addressing the award function, Shri Goyal congratulated all the winners & hoped that they would continue to do such exemplary work in future also. He said that these awards were truly inclusive with contributions from varied sectors i.e. from Academia to Start-ups.

The Minister said that today, technology & ideas are the twin engines of growth, IPR is the fuel that powers them and this award not only recognises the innovative ideas of individuals & institutions but also serves as an inspiration for others. He said there is need to bring an IP revolution for Inclusive Progress in the nation and strengthening IPR laws. He said it will boost job creation, quality, competitiveness & manufacturing.

The Minister said that powered by Intellectual Property, India can be the “Innovation Powerhouse” of the world. Shri Goyal said that Intellectual Property Rights actually translates into India’s progress in real-time and extend Intellectual Property Right to India’s Prosperity Right. He said, we must aim to make India the “Design hub of World”

Shri Goyal said that just like geographical boundaries guard our country’s interests, Intellectual Property is the guardian of our country’s prospects. Shri Goyal further added that Intellectual property is the cornerstone of nation’s progress & showcases ingenuity of our youth. It is the key for success of Start-up India, Make in India & Design in India. He said under Prime Minister’s guidance, India has taken giant strides in creating a robust IPR regime & an ecosystem to foster innovation.

Shri Goyal further said that IP has the power & potential to change lives & create livelihoods for billions. He said that today  we recognise IP as one of the most valuable assets in India’s ability to compete in global economy. He said, our IP Rights must ensure whoever invents in India is not only protected but guaranteed to prosper .A  strong IPR regime will empower the expansion & energize the industry in challenging times.

He said one major initiative in this direction has been – National IPR Policy for “Creative India, Innovative India”.

 He said other key initiatives are Fee Concessions like 10% rebate on online filing, 80% fee concession for Start-ups & Small Entities. The Minister said that IPR filing procedures are now more compact, time-bound, user-friendly & compatible for e-transactions.He said that comprehensive e-Filing facility, Electronic processing of Patents & Trademarks applications, are bringing transparency & ease of access for those IPR seekers.

Addressing the event , Shri Goyal said the key achievements include

-Granting of 28,391 patents  in 2020-21 as compared to 4,227 grants during 2013-14 (572% growth.

-Reduction in Time of patent examination from 72 months in Dec 2016 to 12-24 months in Dec 2020

-14.2 lakh trademark registrations in 4 years (2016-2020) in comparison to 11 lakh during 75 years (1940-2015).

Shri Goyal said we have improved India’s ranking in Global Innovation Index to 48th in 2020, (+33 ranks from 81st in 2015-16). The Minister said now, we must all work in a mission mode to achieve the ambitious target of being in the top 25 nations of Global Innovation Index.

In his concluding remarks, the Minister said that from Cars to Computers & from Sewing Machines to Spaceships, we must encourage all to design a better future for humanity. He said that we all need to contribute ideas in order to make our IP regime more proficient.

On this occasion, Shri Goyal made following announcements-

•           80% fee reduction filing for IPRs to all Recognized Educational Institution (Govt/Aided/Pvt) irrespective of whether such institute is in India or outside India.

•           Total fee (Filing + publication + Renewal fee) for an Institute is ~Rs. 4,24,500/- now, this will  be reduced to Rs. 84,900/ -, The fees among the top Patent Offices worldwide.

•           Office of CGPDTM (IP office) will impart training & awareness to 10 Lakh students in this Azadi ka Amrit Mahotsav (15th Aug, 2021 to 15 Aug, 2022).

Shri Goyal appreciated efforts & contribution of all Officers in IP Office for being trusted guardians of “Brain of India”.  He urged all to aim higher to transform India into a magnet to attract best of talent, ideas & technology.

It may be noted, every year National Intellectual Property (IP) Awards are conferred by Office of Controller General of Patents, Designs and Trade Marks (CGPDTM), Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, to recognize and reward the top achievers, comprising individuals, institutions, organisations, enterprises, police units and other legal entities, for IP creation, commercialization and enforcement, which has contributed towards strengthening IP eco-system in the country and encouraging creativity and innovation.

Simplified Patent and Copyright Registration helping India become an innovation hub

Posted on by Business So Simple in Intellectual property rights

Simplified Patent and Copyright Registration helping India become an innovation hub : Shri Piyush Goyal


Fees for Start-ups, MSMEs, Women Entrepreneurs reduced by 80%

India sees four fold increase in Patent and Trade Mark registrations during the last 5 years

India’s ranking in Global Innovation Index up from 81st to 48th position

Ministry of Commerce & Industry Press Release dated 01 Aug 2021

Union Minister for Commerce & Industry, Consumer Affairs and Textile, Shri Piyush Goyal has expressed satisfaction over the reforms introduced in examining and granting of patents, designs, copyrights and trademarks, saying the ‘ease of doing business’ will go a long way in catapulting India as an innovation hub.

The Minister reviewed the functioning of the Office of Controller General of Patents, Designs and Trademarks in Mumbai yesterday and deliberated on ways to build a robust Intellectual Property Rights infrastructure.

Shri Goyal reiterated Government’s commitment to bolster the ecosystem of patents, design, trademarks, GI (Geographical Indication) systems; to encourage innovation, research & development in the country and bring newer inventions and knowledge from India’s heritage systems to global platform. 

He emphasized Prime Minister Shri Narendra Modi has been closely monitoring developments in this field since 2014 itself.

Shri Goyal while speaking about the CGPDT’s speedy disposal of applications informed that, “The pendency in the IPR department has come down drastically. It has also been decided that any pending application should be completed within days and not months.”

Fees for Start-ups, MSMEs, women entrepreneurs reduced by 80%

Shri Goyal also mentioned about the reduction in fee allowed by the department in order to help and support Startups and Women entrepreneurs in the country. Filing fees for Startups, MSMEs, Women entrepreneurs has been reduced by 80%.

The Minister added that emphasis has been laid on using Digital means. Every application is now processed online from start to finish, hearings are conducted on phones, people don’t have to travel to patent offices now.

Shri Goyal also made a few suggestions to make the whole process more user friendly.  He called for more efforts to increase awareness about GI tag and its significance. He also asked to consider instituting scholarships for students studying the Intellectual Property law as well as engage faculty from renowned institutions on a part time basis to help in the patent examination process.

Simplified procedure, growing innovation

Officials of CGPDT briefed how the IP process has been simplified and streamlined than before and also about the re-engineering of the whole process including new timelines for disposal and shift to digital mode to promote ease of filing and obtaining services. For example, under Trade Mark Rules 74 Forms have been replaced by 8 Consolidated Forms.

They also mentioned that special care is being given to expedite examination of patents filed especially for applications filed by Startups, Women Entrepreneurs etc. While assessing impact of measures taken, it is noted that E-filing has increased from 30 % to more than 95%.

India has also seen a rapid increase in grant of patents, copyrights in the last 5-6 years. The number of patents granted has gone up from 6,326 in 2015-16 to 28,391 in 2020-21, while Trade Marks registration has shot up from 65,045 in 2015-16 to 2,55,993 in 2020-21.  Similarly, while 4,505 Copyrights were granted in 2015-16, a total of 16,402 were granted last fiscal.

These developments have reflected positively in improvement of India’s ranking in Global Innovation Index.  India has climbed 33 notches from 81st position in 2015-16 to 48th in 2020.

About the Office of Controller General of Patents, Designs and Trademarks

The Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) is located at Mumbai. It functions under the Department of Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce & Industry.

The Controller General supervises the working of the Patents Act, 1970,  the Designs Act, 2000 and the Trade Marks Act, 1999 and also renders advice to the Government on matters relating to these subjects.

The Head Office of the ‘Patent office’ is in Kolkata, ‘Trade Mark Registry’ is in Mumbai and the ‘GI Registry’ is in Chennai. The Offices of ‘The Patent Information System’ (PIS) and ‘National Institute of Intellectual Property Management’ (NIIPM) are at Nagpur.

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World Intellectual Property Organization Bars Delhi-based Firm from Illegally Using Brand Name “Khadi”

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The World Intellectual Property Organization (WIPO), a specialized agency of the United Nations for brand protection across the world, has ordered a Delhi-based firm against using a domain name www.urbankhadi.com, which illegally uses the  brand name “Khadi”.  The Administrative Panel of WIPO’s Arbitration and Mediation Center has ruled that the firm “Om Soft Solutions”, owned by one Harsh Gaba, had registered and used the domain name www.urbankhadi.com in “bad faith” and to gain benefit from the goodwill of Khadi.

The panel’s order came on a petition of Khadi and Village Industries Commission (KVIC) against “Om Soft Solutions” which was indulging in the business of garments by misusing the brand name “Khadi”. The panel lent credence to KVIC’s contentions that “it was a systematic attempt by Mr Harsh Gaba to derive unfair advantage, wrongful commercial gains and to mislead the public into believing that www.urbankhadi.com is an associate of Khadi India.” “It is evident that the respondent can have no legitimate interest in the disputed domain name…nobody would use the word “Khadi” unless seeking to create an impression of an association with Khadi,” the panel noted.

“….the evidence submitted by the complainant (KVIC) leads to the presumption that the disputed domain name www.urbankhadi.com was registered and used by the respondent in bad faith….the panel orders that the disputed domain name be transferred to the complainant, i.e. KVIC,” the panel ruled.

The panel categorically rejected the arguments of “Om Soft Solutions” that the word “Khadi” enjoyed no protection and that nobody had an exclusive right to use the name “Khadi”. “…. the complainant (KVIC) is the owner of several KHADI trademark registrations. The complainant is also the owner of trademarks “Khadi” and “Khadi India”…the disputed domain name www.urbankhadi.com includes the trademark of KVIC and is confusingly similar or identical to the trademarks of the complainant (KVIC),” the panel observed.

KVIC Chairman, Shri Vinai Kumar Saxena said the WIPO’s order will bolster Khadi’s fight against violation of its brand name not only in India but also globally.He said KVIC will take all measures to protect the identity and global popularity of Khadi. He said KVIC has registered the trademark “Khadi” in several countries to prevent any misuse of the brand name “Khadi” as it has a direct bearing on the livelihood of our artisans.

It is pertinent to mention that KVIC, in recent times, has won several cases against violation of its trademark “Khadi”. On June 4, Delhi High Court barred a Ghaziabad-based trader JBMR Enterprises from manufacturing and selling counterfeit Khadi Prakritik Paint. On May 28, Delhi High Court restrained “Khadi Design Council of India” and “Miss India Khadi Foundation” from using “Khadi” brand name. On May 3, an Arbitration Tribunal in Delhi had said that “Khadi” was not a generic name to be used by private individuals or firms while permanently restraining an individual from using the brand name Khadi. In March this year, the Delhi High Court had also restrained a firm from using brand name Khadi and the Charkha symbol to sell its products under the name “IWEARKHADI”.

KVIC in the last few years has acted tough against such violators. So far KVIC has issued legal notices to over 1000 private firms including Fabindia for misusing its brand name and selling products under the name of Khadi. KVIC has sought damages to the tune of Rs 500 crore from Fabindia which is pending before the Mumbai High Court.

Click here to see WIPO Decision 

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Ministry of Micro,Small & Medium Enterprises Press release dated 01st July 2021

MJPS