Professional Documents
Culture Documents
Presentation by:
Sandeep K. Rathod
Patent Attorney
Head: Formulations and Corporate IP,
Matrix Laboratories Limited, India
[Subsidiary of Mylan Laboratories Inc.]
Email: rathodsandeep@gmail.com
Blog: genericpharmaceuticals.blogspot.com
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Intellectual Property: An introduction
•The property or product of one’s mind or intellect.
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Intellectual Property & it’s Types
IP can be traded/ protected/ enforced using
legal means.
Types of Intellectual Property in India:
• Trademarks [including geographical indications]
• Patents
• Copyrights
• Designs
• Undisclosed Information
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IPR Laws in India
The Patents Act, 1970
[Act last amended in 2005]
The Designs Act, 2000.
Trade & Merchandise Marks Act, 1999 (in force from Sep.
2003).
The Geographical Indications of Goods Act, 1999
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Patent
A patent is:
a grant of a limited time monopoly
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Design
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Undisclosed Information
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Trademarks
The name by which an entity
sells a good or delivers a
service is called “Trade-mark”.
Duration:
Continuous protection till the
proprietor uses the same.
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Geographical Indications
Simply put, a GI is similar to a trade mark.
Scotch whisky
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Comprehensive Approach to the
Protection of Intellectual Property
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IPR protection in INDIA
IPR awareness among the judiciary is not equally high for all
forms of IPRs;
However, the same is not the case for Patents. The judiciary
as well as the legal fraternity is inexperienced as regards patent
litigation due to the low number of cases.
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Professional opportunities for
Advocates and CAs in the IPR domain
Advocates can register as Trademark agents and help in
prosecuting trademark applications at the Trademark registry;
Patent litigation is a field that will open in a big way, present
field is more of trademark litigation only;
Advocates with a Science degree can also register as Patent
Agents and advise on patent prosecution;
CAs can look at brands/ goodwill valuation exercises from
the trademarks arena as well as patent/ technology valuation
from the patents arena.
Royalty estimation and royalty audits is another practise area.
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