IP Objection
Intellectual Property Objection Services
- Package NameIP Objection
- Package Price₹ 50000
- Total GST₹ 0
Overview of Intellectual Property Dispute
Infringement is the most common type of intellectual property dispute. Intellectual Property is an intangible asset which contains set of rights controlling the ownership, sale of items, any product created by using intellect or creativity such as logo design, literary creation, instrumental composition and machines.
The term Intellectual Property is used to denote the creations of mind, artistic work, literary work, any innovation, symbol and design, names and images used in the business or promotion of business.
Infringement is the most common type of intellectual property dispute. Intellectual Property is an intangible asset which contains set of rights controlling the ownership, sale of items, any product created by using intellect or creativity such as logo design, literary creation, instrumental composition and machines. By finding harmony between the creator’s interest and the extensive public interest, the IP framework intends to cultivate a situation in which both creativity and development can prosper.
Types of Intellectual Property
- Copyright
Copyright is an intellectual property right that any creator or innovator hold over their creation and innovation. Copyright registration covers multiple works such as books, sculpture, paintings, music, computer programs, films, advertisement, technical drawings, and maps.
- Patent
Patent is a special right given to the owner of the creator. Patent gives the owner a right for his invention, or design, or patent process in exchange of disclosure of invention. In return for this right, the patent proprietor makes specialized information with respect to the innovation.
- Trademark
Trademark works as a symbol, mark, sign or logo which helps in identifying the goods and services of one enterprise from the other enterprise in the market.
- Industrial Designs
An industrial design talks about the ornamental and aesthetic detailing in an article. A design is three-dimensional feature such as shape or surface of an article or it can be a two dimensional feature such as color, pattern, lines.
- Geographical Indication
A geographical indication (GI) is a sign that is used on products which specify particular geographical origin and possess reputation or qualities that are because of the origin. In order to operate as a GI, the sign is ought to identify the product as originating from given place. In addition, the characteristics, qualities or reputation of the product should compulsorily be due to the origin place. Since the product quality depends on the geographical production place, there is an obvious link between the product and the original place of production.
- Trade Secrets
Trade secrets are nothing but an Intellectual Property rights which aims to protect the confidential information. In any event of unauthorized acquisition or disclosure of confidential information falls under unfair practice and infringement of trade secret protection.
What are the Common Types of Intellectual Property Disputes?
Infringement is considered as the most common type of intellectual property dispute. Infringement occurs when someone dares to use the intellectual property without legally asking the owner of the property.
Thus, There Can Be:
- Copyright infringement
- Patent infringement
- Trademark infringement
Following Cases Can Be Called As Infringement:
- Utilizing the logo of one item on another product of the similar type as the first item.
- Making a logo or utilizing trade in a way that is planned to make buyers think that they are buying an item that is same as the first item
- Making the duplicate copy of musical recordings, films, and other media and sharing& distributing them for commercial benefit without the copyright owner’s consent
- Manufacturing any patented thing by following the description listed in the patent and without having any permit or license from the patent proprietor.
- Intellectual Property Dispute can also arise out of misunderstanding or due to negligence of the owner of the property. In the event when owner believes that their product is secured under Intellectual Property laws instead on reality surface owner forgets or fails to secure the product under Intellectual Property law.
- The dispute on intellectual property can also arise through the corporate espionage, for instance bribing an employee from the competing company to disclose the secret about the competitor’s client list or any other trade secret.
- An intellectual property dispute can arise when the manufacturer of the good or a service believes that their invention is protected under intellectual property laws but when in reality it is not protected at all. Therefore, it is imperative for the producers and manufacturers to get their inventions and products registered and ensure that they receive the protection.
Some Remedies for Intellectual Property Disputes
- Monetary benefit as a compensation to the non-violating party for the losses incurred due to infringement
- In case the trademark is used without any legal authorization the right to cease and desist the order.
- Confiscation or ceasing the premises which is used for infringement purpose or where activities of infringement are carried out.
- Judicial proceedings in case where the IP infringements continues. The most beneficial remedy would be to seek the support of law enforcement and so to initiate a judicial proceeding against the infringer.
What is the procedure of registration for an Intellectual Property?
Intellectual Property is an intangible right which includes any kind of artistic work, utility design, logos, geographical indications and other such novel creations via which a business can earn monetary benefits.
It is the right of every creator to protect their creation from any kind of infringement by any third party. Hence, Copyright Registration, Trademark Registration, patent registration helps the creator in protecting their creative, literary, designs and artistic work.
Irrespective whether the creator is an individual or a business entity, it is wise of you to hire an expert like Corpbiz in the matters related to Intellectual Property Dispute.
Step By Step Guide To Get Intellectual Property Registration Done
- Fill Out The Application Form
At the time of filing the IPR application form, it is important to make a triplicate application that should mention both the candidate's and the specialist's marks. Other than the application, the candidate should make an announcement of the case and clarify how and why innovation is unique.
- Preliminary Analysis And Examination
The examiner is responsible to analyse and will assess the application for any error or omission after it gets submitted. In the event that there is any error then they will be required to be fixed within a month of filling the application. A group of experts who are knowledgeable with this classification of IPR will evaluate the content and determine the precision and the legitimacy of the particulars furnished. The expert will at that point issue an assessment report.
- Communication Of Objections Via Show-Cause Notice
The applicants are informed in case there is any issue with the application. The objection raised should be replied within a stipulated time of two months, after the receipt of the information. A few applicants can apply for a discussion and seek an approval for giving them reasonable opportunity to explain their reasons behind the objection within a month. If they are unable to convey the case firmly to the registered center, then the last option will be to withdraw the application regardless of being given the chance to appeal.
- Publication Being In The IPR Journal
Once the registrar accepts your application, it will get published in the IPR journal.
- Opposition Of The Registration
Any other third person whoever feels with a justified cause that the registered intellectual property is similar to an existing work may file a notice of opposition, after going through the candidate’s invention mentioned in the IPR journal. In the event that any individual has any issue with the application, they should present the objection notice within three months. The applicant gets a duplicate copy of the objection notice from the registrar and they will have two months to send their reply against the objection. Both, the applicant and the party opposing the intellectual right should submit proof by supporting documents and affirmations.
- IPR Registration
IPR registration is the last step. When the IPR application gets acknowledged, the candidate gets a seal expressing that they are the legitimate proprietor of the IPR.
The way toward registering IPR may be tedious. Prior to choosing to enlist an IP, it is fundamental to guarantee that no other organization or party has developed or made a similar product or item.
Do You Need to Hire a Lawyer for Resolving an Intellectual Property Dispute?
Sometimes Intellectual Property disputes can adversely affect your business and if you are an individual you may have to suffer a great deal of monetary loss. It is smart of you to hire a lawyer to resolve your intellectual property dispute. The lawyer will present your case in the infringement issue and at the same time will guide you during the entire proceeding and will also provide you with the legal research.
General F.A.Q.
As per the Designs Act 2000 the term "article" refers to any article of manufacture and any substance, whether artificial, or partially artificial and partially original. This also includes all components of that article capable of being finished and sold separate to each other.
The main intent behind obtaining the Design registration under the Designs Act is to safeguard new or innovative designs that are created for application on a particular article, which is to be manufactured by an Industrial Process or mode, from being copied. Sometimes the buying of articles for consumption is affected not only by their practical quality but by their outer look too. The significant purpose behind design Registration is to make sure that the artisan, inventor designer of a design having artistic look is not dispossessed of his bona fide prize by any other who are imitating his design to their own goods.
As per the Designs Act 2000 the term ‘Design’ refers only the characteristics of shape, configuration, patterns or adornments or the work of art including lines or hues or a blend thereof applied to any article. A design can be either 2 dimensional or 3 dimensional or in both types, by any industrial process or means, whether labour-intensive, automatic or chemical-based, separate or joint, which in the completed article attract and are recognized solely by the naked eye, but does not consist of any method or principle or manufacturing or anything which is in substance a simple mechanical device. This does not take account of any trade mark, as defined in section 2(v) of the Trade and Merchandise Marks Act 1958, a property mark or a creative work as defined under Section 2(c) of the Copyright Act 1957.
Soon after submitting an application for design registration in an orderly format, it is accepted and the design is registered. Thereafter, a certificate of design registration shall be issued to the applicant. However, a different request should be made by the applicant to the Controller of Designs for obtaining of a certified copy of that certificate for the purpose of a legal proceeding, along with a mandatory government fee.
The Register of Designs is basically a document maintained by The Patent Office, Kolkata. It is a legal requirement. This register encloses the design number, its class number, date of filing (in India) and reciprocity date (if any), name and address of the Proprietor and other relevant matters that would influence the validity of proprietorship of the design and it is open for public assessment on the imbursement of the prescribed authoritative fee & excerpt from the designs register shall also be obtained on the request along with the prescribed government fee.
No, the above-mentioned objects are not eligible for Design registration. The reason is that once the supposed Design i.e., adornment is erased only a piece of paper, metal or like material remains and the particular the article referred to will not exist. The article must have its own presence free of the Designs applied on it. [Design in respect of the label was held not eligible for Design registration, by an Order on civil original case No. 9-D of 1963, Punjab, High Court]. Hence, the Design as applied to an article should be considered integral with the article itself.
The date of registration except in case of priority document shall be the actual date of filing the design application. In case of the design registration of the priority document, the date of design registration shall be the date of making the application in the reciprocal nation.
No, even if the design is registered, but it’s the copyright has expired, cannot be re-registered under Designs Act 2000.
The validity of the design registration is initially 10 years from the date of registration. However, in case the claim to priority has been permitted, the validity if the design shall be 10 years from the priority date. The initial period of design registration can be extended further by 5 more years through an application made in Form-3 adjunct to the prescribed government fee to the Controller of designs before the expiry of the earlier initial period of 10 years. The proprietor of the design shall make the application for such expansion the moment the design gets registered.
The registration of a proposed design confers upon the registered proprietor’s ‘Copyright’ in respect of the design for the period of his registration. Here ‘Copyright’ means the special right to apply a design to his article falling under the class in which it has been registered.
Piracy of a design refers to the application of a design or its cheap imitation to any article belonging to the same class of the articles where the proposed design was registered, for the purpose of the sale or importation of such articles without the written consent of the registered proprietor. Publishing such articles or revealing the terms for the sale with information of the illicit application of the design to them also comes under the definition of design piracy.
If anyone tends to contravene the copyright of a registered design, s/he is liable for every such offence to pay a sum of INR 25,000/- to the registered proprietor, which is subject to a maximum penalty of INR 50,000/-. This shall be recoverable as the contract debt with regard to any one design. The registered proprietor has the power to bring the suit for the recovery of the trade damages caused by any such breach and for a ban against repetition of the same offence. The total sum recoverable shall not exceed INR 50,000/-as the contract debt as stated under Section 22(2)(a). The suit for violation recovery of damage etc should not be filed in any other court below the District Court Judge.
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