Once, we get to know ‘When and Why‘ it’s time to know How? How we can get Intellectual Property Rights in India.
Intellectual Property Rights can be obtained in India as well as out of India. In this Article, we are not going to discuss the differentiation between different types of Intellectual Property Rights (IPRs) as the same has already been elaborated. In this article, the procedure for obtaining Intellectual Property Rights has been discussed. Without wasting more time, let’s get into it.
Page Contents
PATENT
When there is any new Technology and Innovation.
1. Establish priority date of Patent Application;
2. File Patent application in India;
3. Request for early publication (Optional);
4. If the applicant has requested for the early publication then Department Publish Patent Application within 1 month. If the request for early publication has not been requested then the Department will Patent within 18 months from date of application;
5. Application request for examination;
6. Department examine Patent Application.
7. If the Patent application is in order then the Department grant the Patent. If application is not in order then Department issues Examination Report.
8. Once the Applicant reverted to the Examination Report and Department gets satisfied they grant the Patent. But if the Department do not get satisfied with the Department then reject the application.
TRADEMARK
For Mark or word for brand
1. Trademark Search
2. Filing of Trademark Application;
3. Acknowledgment of application;
4. Issuance of Examination Report (subject to similar or identical mark, if any)
5. If the reply of examination report is satisfactory then Department Accept the Application but if the reply of examination report is not satisfactory then Department put the matter for hearing and Notice for Show cause hearing issued. If the Department gets satisfied in show cause hearing then accept the mark otherwise- Refuse/Abandoned the mark;
6. If the mark is accepted, the same is published in Journal and will be open for public objections, if any.
7. If the third party opposition received, then the applicant has to file reply of the Notice of opposition and the same will be mark for hearing by the Department.
8. If no opposition received, then the Department grant Trademark subject to renewal.
COPYRIGHT
Artistic work, literary work and sound work
1. Filing of application and receipt of Diary No.
2. Send the physical copy of Documents to the Copyright Department;
3. 30 days mandatory waiting for objections;
4. If there are objection, then scrutinization by examiner and issuance of Discrepancy report.
5. Reply of Discrepancy report issued by Department. If the reply is satisfied then sending extracts to applicant.
6. If the objection are filed, Department sent report to both the parties and call the matter for hearing.
7. After hearing, if there is discrepancy, then issuance of Discrepancy report. After that follow the procedure in number 5 and 6.
DESIGN
Aesthetic feature of product (visually protect the design the product)
1. Filing of application;
2. Numbering of dating of application;
3. If there is no objection, then accepted;
4. If there are objections – communication of objection(s) – Non-compliance of objection(s) – Abandoned of application
5. If there is compliance of objections(s) – Then the matter accepted and notification is issued in official Journal
6. If in the hearing the design gets refused – Appeal to High Court
7. In the end Certificate issued.
LAYOUT DESIGNS OF SEMI-CONDUCTOR ICS –
Microchip or Integrated Circuits
An Application to the Registrar for the registration of a layout design shall be made on form LD-1 accompanied with Registration fees and three set of drawing or photograph of mask layout which describe the layout design applied for registration. These can be submitted as GDS-II file along with the PDK information used in the design.
PLANT VARIETIES & FARMER’S RIGHTS
Protect new variety of plant
- Visit website
- Fill Form 1 for “Application For Registration Of New Variety And Extant Variety Under Protection Of Plant Variety And Farmers’ Rights Act, 2001”
- After Submission of application made the Payment online
- After submission of application, the application is scrutinized by officer and if no discrepancies have been found then the department issued the Certificate.
Hope you have enjoyed reading the Article. For detailed information about Intellectual Property Rights please visit: https://taxguru.in/corporate-law/intellectual-property-rights-why.html . I would like to hear your feedback or queries on cspriyankaverma01@gmail.com
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Disclaimer : The entire contents of this article are solely for information purpose and have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation by the Author. Kindly consider this article for informative purpose. There is no Professional Advise is given to anyone. In no event I shall be responsible for any loss or damage in any circumstances whatsoever resulting from or arising out of or in connection with the use of aforesaid information.
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