IPR

IPRs consist of 

• Copyright and related rights 
• Rights of traders in their trademarks 
• Rights of manufacturers 
• Producers on geographical indications
• Rights of designers for their distinctive designs
• Patents
• Rights of computer technologists for their layout designs of integrated circuits. 

In addition, businesses can claim the protection of their undisclosed information on technology and management. Copyright and related rights include

• The rights of authors, painters, musicians, sculptors, photographers, authors, and computer programmers to copyright their works;
• rights of performers, producers of phonograms, and broadcasting organisations in respect of the fixation of their programmes; and
• Copyright in their work.

Trademark

Trademarks are symbols, names, logos, colours, and sounds that identify goods or services and differentiate them from others. The benefits of trademarks include

• helping consumers to find products with desirable attributes,
• encouraging firms to improve the quality of their product, and
• giving firms exclusive rights to their marks.

There are some grey areas, such as the issue of umbrella branding, which involves using a trademark made famous by one product to enter another market, and compulsory licensing of brands. 

Trademark registration procedure

• Conduct the trademark search.
• Filing trademark application: The first and foremost step is to file the prescribed application at the Trademark Registry India. The applicant can also apply online. After filing the said application, the official portal generates an acknowledgement receipt for future reference.
• Verification of application and documents: After applying with India’s Trademark Registry, the scrutiny process begins and is conducted by a designated official known as an Examiner. The verification process can take around 12-18 months. After inspection, the Examiner may accept the mark unconditionally, conditionally, or object to it.
• If the mark is accepted unconditionally, it will be published in the Trademark Journal.
• If it is not accepted unconditionally, the Examiner will stipulate conditions or objections to be addressed. The applicant will be given one month to meet the conditions or respond to the objections. If the Examiner finds the applicant’s response satisfactory, the trademark in question will be published in the Trademark Journal.
• If the response is not accepted, the applicant can represent their case in a hearing. Upon receiving a satisfactory response from the applicant, the Examiner may render their approval and publish the concerned mark in the Trademark Journal.
• Publication of trademark in trademark journal: The publication of the mark in the trademark journal enables the authority to invite objections from third parties if no objections are raised within the specified time frame. The authority can provide approval for the next step. On the contrary, the authority would conduct a fair hearing if the mark somehow attracts some objections.
• Grant of trademark registration by registrar: The applicant is subsequently presented with a registration certificate by the registrar, which has a ten-year validity period. The trademark office seal must be included by the registrar on the certificate.

The whole process takes about 15 to 18 months. The trademark is valid for 10 years starting from the certificate’s issuance date. It can be renewed for another 10 years on the payment of the prescribed fees.

Documents required for trademark registration in India

• Applicant’s identity proof
• PAN
• Aadhar card
• Passport
• Certificate of Incorporation (COI), in case of companies registered under the Company Act, 2013
• Logo if it is applicable and available
• Address proof

Essential ingredients of the complete specification under patent registration

• Title and preamble
• Prior art
• Loopholes in the prior art
• Solution to drawbacks
• Summary of the invention
• Statement of invention
• Particulars of invention
• Particulars regarding drawings
• Examples
• Claims

The law relating to intellectual property is similar to material property in terms of the nature of rights conferred, the commercial exploitation of those rights, the enforcement of those rights, and the remedies available against infringement. The TRIPS Agreement states that member countries of the WTO must provide criminal procedures and penalties to be applied in cases of wilful, commercial breach of IPRs. 

The civil remedies available against trademark infringement are an injunction, damages or an account of profits, and the delivery-up of the infringing articles for destruction.

Patents

Patents protect the invention of a process, instrument, or manufacture. Geographical indications refer to names or signs used on certain products that correspond to a specific geographical location or origin. Industrial designs are features of shape, configuration, pattern, ornament, or composition of lines or colours applied to an article. Layout designs of integrated circuits are protected by the exclusive right to use the layout design for a specified period. Lastly, confidential information and know-how can be protected against unlawful use through an action for breach of confidence or contract.

• Objection by the Examiner: The Examiner scrutinises the application and issues a report stating all objections related to the application based on the information mentioned.
• Office action response: The applicant must respond to the Examiner’s objections to receive a patent grant. They have to respond six months from the first examination report’s issuing date. The duration can be extended by three months with a request to the IPO.

Grant of patent registration: Once the application addresses all the objections raised by the Examiner, the patent office grants the patent registration and publishes it in the patent gazette.