WEBVTT Kind: captions Language: en-IN 00:00:24.120 --> 00:00:32.160 a very warm welcome in module three of week three of the course intellect ual property disputes code 00:00:32.160 --> 00:00:41.400 practices and enforcement now in this module we will focus on substantive and a procedural subject 00:00:41.400 --> 00:00:48.760 matter of intellectual property in the earlier module we have already seen different types of 00:00:48.760 --> 00:00:54.440 intellectual property and you can just check here the eight types of intellectual property which we 00:00:54.440 --> 00:01:01.920 will deal in this course right so the substantive and procedural matter we will deal with each and 00:01:01.920 --> 00:01:10.160 every type of IP we will go into the details about the substantive and procedural matter okay now we 00:01:10.160 --> 00:01:17.760 should be aware about the statutory Provisions for the different types of intellectual property and 00:01:17.760 --> 00:01:25.240 we know that these are the different acts which are enacted specific to that particular IP and 00:01:25.240 --> 00:01:31.560 then if you see here that biodiversity act that is one of the we can say not directly related to any 00:01:31.560 --> 00:01:39.560 IP but with a patent act I can say that it is like having a like major role when we are considering 00:01:39.560 --> 00:01:46.840 the patent act okay and when we are talking about a traditional knowledge which is like another 00:01:46.840 --> 00:01:54.080 domain under consideration there again biological diversity act plays a very important role right 00:01:54.080 --> 00:02:00.960 so now what we will do we will go one by one into the details of each of the IP so if you see this 00:02:00.960 --> 00:02:08.640 patent and if you are dealing with a substantive matter of a patent what exactly it will like 00:02:08.640 --> 00:02:15.480 go into the details or how exactly it has to be taken care so when we are talking about definition 00:02:15.480 --> 00:02:20.760 and all other background you are pretty well aware about but when we are talking about a substantive 00:02:20.760 --> 00:02:26.880 like examination or a substantive subject matter first we should know about a patentability 00:02:26.880 --> 00:02:33.120 criteria so what are the what is a patentability criteria three Trinity of patent we can we say 00:02:33.120 --> 00:02:44.200 that yes it is novelty non- obviousness and then the industrial applicability now this three is 00:02:44.200 --> 00:02:51.000 very important then along with that section three section 4 these are again very important when we 00:02:51.000 --> 00:03:00.440 are talking about India patents act 19170 right and then we we have to like look it into the the 00:03:00.440 --> 00:03:08.160 perspective of a patent infringement or compulsory licensing or patent validity challenges how this 00:03:08.160 --> 00:03:14.680 substantive subject matter or a procedural subject matter we have to take care in this context we 00:03:14.680 --> 00:03:20.840 have to focus on when we are talking about this sub substantive subject matter novelty you know 00:03:20.840 --> 00:03:26.080 that it is like a worldwide novelty it is very important in case of a patent that it's not a 00:03:26.080 --> 00:03:31.240 territorial it's like a overall World inventive step you are very well aware about it's a non 00:03:31.240 --> 00:03:38.720 obviousness at the pita and SAA these are the two concepts which you probably remember you just just 00:03:38.720 --> 00:03:44.520 try to recollect that and please write down in the comment box what exactly fora is what exactly 00:03:44.520 --> 00:03:49.680 SAA is okay then the industrial applicability industrial applicability when we are talking 00:03:49.680 --> 00:03:58.480 about yes without that application this particular like invention will not qualify for the patent U 00:03:58.480 --> 00:04:03.920 protection okay so that we are very well aware about that next is like a section three is very 00:04:03.920 --> 00:04:11.040 important that is considering the our like Indian patent act that section 3 is a mandatory it should 00:04:11.040 --> 00:04:16.160 comply that any invention should comply with that section 3 and therefore if you see F that 00:04:16.160 --> 00:04:21.920 is a first examination report you will see whether novelty is there non obvious is there industrial 00:04:21.920 --> 00:04:27.240 applicability is there whether section three is complied with whether there is any section four 00:04:27.240 --> 00:04:33.760 related queries there all this detailed kind of examination is done and then there is a 00:04:33.760 --> 00:04:42.000 procedural matter related the queries or details are like a put together okay now we know that what 00:04:42.000 --> 00:04:47.080 inventions are not patentable you know very well like method of Agriculture or horiculture process 00:04:47.080 --> 00:04:53.880 of medicine or surgical methods or discovery of any new property or a new use of a known 00:04:53.880 --> 00:05:00.560 substance inventions which are frivolous or these are against the public order or inventions which 00:05:00.560 --> 00:05:07.200 are related to mathematics right then inventions related to plants or animals or and then as a 00:05:07.200 --> 00:05:14.040 whole or whole part right then business methods literary dramatic work or a musical artistic 00:05:14.040 --> 00:05:19.480 work which is coming under the perview of a copyright obviously that is not patentable 00:05:19.480 --> 00:05:23.920 then the Topography of integrated circuit separate Act is there that is a semiconductor 00:05:23.920 --> 00:05:29.640 integrated so that will not cover in the patent protection right then presentation of information 00:05:30.960 --> 00:05:35.320 that you can protect by copyright so it is not necessary to take and that will not qualify 00:05:35.320 --> 00:05:42.080 obviously for the patent protection in India right so this details you are very well aware about the 00:05:42.080 --> 00:05:47.520 patent that section three so that section three is very important and then computer program per 00:05:47.520 --> 00:05:54.560 se we are very well aware and then there was like a computer related guidelines came in 2017 right 00:05:54.560 --> 00:06:00.120 so that guidelines are giving you idea about if the invention is related to that but particular 00:06:00.120 --> 00:06:04.600 computer related guidelines that computer program related guidelines I should correct 00:06:04.600 --> 00:06:09.640 it so that guidelines we have to follow and if you are following that particular guidelines then 00:06:09.640 --> 00:06:17.160 accordingly the protection is like given based on that guidelines okay then when you go into the 00:06:17.160 --> 00:06:23.000 procedural subject matter of a patent right what exactly it will cover it will cover the procedural 00:06:23.000 --> 00:06:29.160 part of a patent right so you can just check here that filing of a patent application examination 00:06:29.160 --> 00:06:36.000 procedure es or if there is a opposition related to that opposition proceedings then revocation 00:06:36.000 --> 00:06:43.080 action if it is there or a pent infringement related litigation if it is there right now 00:06:43.080 --> 00:06:49.480 when we are talking about this particular like filing related patent filing related 00:06:49.480 --> 00:06:54.720 so deadlines timelines are there we have to follow that examination procedure you know that it will 00:06:54.720 --> 00:07:00.720 be like a that person The Examiner who is expert in that domain that allotment is done and he will 00:07:00.720 --> 00:07:06.320 do the examination fi report will be issued right opposition pregrant postr so all these 00:07:06.320 --> 00:07:11.360 details you are very well aware about so that when you are going into that office action and 00:07:11.360 --> 00:07:17.960 that procedural part prosecution part you can say in that like the the details some details or 00:07:17.960 --> 00:07:22.800 some queries will be there and you have to comply with that particular thing right now patentability 00:07:22.800 --> 00:07:29.840 search is like mandatory because mandatory in a sense it's like act does not say it is a mandatory 00:07:29.840 --> 00:07:35.400 but when you are filing the patent if how will you come to know about a novelty aspect 00:07:35.400 --> 00:07:41.000 when you will do patentability search like novelty search then like you will come to know 00:07:41.000 --> 00:07:47.600 about the novelty non-obviousness and then the industrial application right so that three three 00:07:47.600 --> 00:07:52.800 like criteria are there so for that you have to like especially for obviously novelty aspect you 00:07:52.800 --> 00:07:58.840 have to do the patent search and you have to get idea about that particular aspect right 00:07:58.840 --> 00:08:03.880 then application drafting part is there and you know the structure of a patent that particular 00:08:03.880 --> 00:08:09.480 structure like field of invention background that summary of invention object of invention 00:08:09.480 --> 00:08:15.880 description detail description claim part abstract part drawings so that details are there so you are 00:08:15.880 --> 00:08:22.720 like going into that particular you have to follow the guidelines and then the specific like a the 00:08:22.720 --> 00:08:29.720 the the size that font size then the paper size everything is given in the manual patent manual 00:08:29.720 --> 00:08:34.600 so we have to comply with that particular things patent prosecution related timelines are there for 00:08:34.600 --> 00:08:40.360 example request for ex request for examination you have to file it mandatory without that examination 00:08:40.360 --> 00:08:46.520 will not happen right so so and the timeline is now reduced it is previously 48 now it is a 31 00:08:46.520 --> 00:08:52.600 months so that that details we have to remember and we have to comply with that otherwise that 00:08:52.600 --> 00:08:59.520 particular patent docu that invention that will go into the public domain without a protection right 00:08:59.520 --> 00:09:04.920 so that that we have to take care of right so this much information is good enough for the patent we 00:09:04.920 --> 00:09:10.320 will move now to the next that is a trademark now when we are talking about a trademark as 00:09:10.320 --> 00:09:16.000 the substantive subject matter we know that distinctiveness is a very important when we are 00:09:16.000 --> 00:09:22.160 talking about a trademark now this distinctiveness or a likelihood of a confusion when we are dealing 00:09:22.160 --> 00:09:28.440 with a trademark that two aspects we can say these are very very important then the another like 00:09:28.440 --> 00:09:33.600 information we should aware about the well-known marks because well-known marks if it is a any any 00:09:33.600 --> 00:09:38.720 trademark if it is coming under coming under the well-known Mark we should we should know 00:09:38.720 --> 00:09:46.040 that any of the class which classification we follow for the treadmark just find out okay so 00:09:46.040 --> 00:09:51.240 that classification well known Mark when we are talking about what happens that any of that 1 to 00:09:51.240 --> 00:09:58.360 45 classes this will known Mark if it is there you cannot file a that trademark related which 00:09:58.360 --> 00:10:03.960 is very near to the that particular whatever the type of trademark is because trademark may be a 00:10:03.960 --> 00:10:10.720 name may be the logo maybe the like it may be a number it may be symbol it may be like any 00:10:10.720 --> 00:10:18.920 figure right so slogan may be there so near to that if it is like there you cannot that that 00:10:18.920 --> 00:10:24.200 search is very important and the distinctiveness is a very important from because what is the 00:10:24.200 --> 00:10:31.760 purpose of a Trad Market is distinguishes the offering of one like owner from the other that 00:10:31.760 --> 00:10:38.720 is the main task that is the main we can say the responsibility of this IP that is a trademark 00:10:38.720 --> 00:10:44.560 so it will avoid the confusion it should avoid confusion among the among the confuser consumer 00:10:44.560 --> 00:10:49.880 they should not get confused consumer should not get confused oh this is of this company or 00:10:49.880 --> 00:10:57.440 whether this is of this company so X or Y that confusion should not be there right so that and 00:10:57.440 --> 00:11:03.640 then you know that Adidas and Adidas and then then the Starbucks sarbu which is or then the 00:11:03.640 --> 00:11:10.320 Pizza Hut and pizzah who like T is like replaced by H so it's like a minor differences are done and 00:11:10.320 --> 00:11:16.600 then the that distinctiveness that is like a that aspect is a lost okay so when we are dealing with 00:11:16.600 --> 00:11:21.320 a sub substantive subject matter we have to focus when we are talking about a treadmark we have to 00:11:21.320 --> 00:11:28.440 focus on a substantive that distinctive aspect of that then you know that it is like when 00:11:28.440 --> 00:11:35.080 we are talking about that likelihood of a confusion it's like a that is a test that is 00:11:35.080 --> 00:11:42.840 a important test Court will follow that if if the confusion or if any like a infringement 00:11:42.840 --> 00:11:47.960 happen when the matter is under consideration when it is under trial what the taste what is 00:11:47.960 --> 00:11:56.320 the LMA LMA states that the common public should not get confused by that particular that whatever 00:11:56.320 --> 00:12:01.360 it may be a treadmark we know that we have just seen seen that different types are there so that 00:12:01.360 --> 00:12:07.960 common public should not get confused that is a lus test for the trademark so that particular 00:12:07.960 --> 00:12:12.880 part plays important and then the wellknown mark when we are talking about you know nowadays 00:12:12.880 --> 00:12:19.520 like like if any company can apply for getting the status of well-known Mark to the trademark 00:12:19.520 --> 00:12:25.400 Registry and that after examination it will get the status of a well-known Mark and the 00:12:25.400 --> 00:12:30.720 advantage of being a well-known Mark is like that it is getting the protection across all classes 00:12:30.720 --> 00:12:36.200 otherwise what happened that you know that in the trademark registration the same name can be there 00:12:36.200 --> 00:12:41.960 in a different class by the different owner that protection will be there okay to that rights will 00:12:41.960 --> 00:12:48.200 be or ownership is with a different ownership okay now when we are talking about a procedural aspects 00:12:48.200 --> 00:12:52.920 of that particular trademark then obviously the steps are like first you are doing the trademark 00:12:52.920 --> 00:12:58.760 search that is a very very important then the trademark registration and then you are going 00:12:58.760 --> 00:13:04.280 for if unfortunately that opposition comes then the opposition proceedings will be there related 00:13:04.280 --> 00:13:10.280 to that hearing will be there and then depending on the action will be there whether that accept 00:13:10.280 --> 00:13:16.920 or reject that that particular trademark right and then after Grant after that registering 00:13:16.920 --> 00:13:23.440 I should not say Grant after that registration of a trademark there may be like may be possibility 00:13:23.440 --> 00:13:28.520 of infringement and there may be some other Unfortunate Events if happened then the 00:13:28.520 --> 00:13:33.680 suits related to that will come into and then the procedural part related to that will come into the 00:13:33.680 --> 00:13:41.120 picture right so the trendmark search you know that there is a TMV there is a website of Ip India 00:13:41.120 --> 00:13:47.680 so there you are doing the search then application filing is there it is online okay then opposition 00:13:47.680 --> 00:13:52.600 proceeding is there if it is unfortunately if it happens then the opposition proceedings you have 00:13:52.600 --> 00:13:59.280 to handle it that and then obviously the decision will be given okay so this is about a tra 00:13:59.280 --> 00:14:04.200 Mark next we will move towards the copyright but before that what we will do we will watch 00:14:04.200 --> 00:14:12.080 a small video here to get some more idea or some interesting discussion about this particular topic 00:14:12.080 --> 00:14:18.040 be open but turn over to you thank you Mr chairman Mr Zuckerberg let me start with you did I hear you 00:14:18.040 --> 00:14:25.400 say in your opening statement that there's no link between mental health and social media use Senator 00:14:25.400 --> 00:14:30.160 what I said is I think it's important to look at the science I know it's people widely talk about 00:14:30.160 --> 00:14:34.760 this as if that is something that's already been proven and I think that the bulk of the scientific 00:14:34.760 --> 00:14:39.400 evidence does not support that well really let let me just remind you of some of the science 00:14:39.400 --> 00:14:46.400 from your own company Instagram studied the effect of your platform on teenagers let me just read 00:14:46.400 --> 00:14:49.760 you some quotes from The Wall Street journal's report on this company researchers found that 00:14:49.760 --> 00:14:56.240 Instagram is harmful for a sizable percentage of teenagers most notably teenage girls here's 00:14:56.240 --> 00:15:03.320 a quote from your own study quote we make body image issues worse for one in Three teen girls 00:15:03.320 --> 00:15:08.360 here's another quote teens blamed Instagram this is your study for increases in the rate of anxiety 00:15:08.360 --> 00:15:15.520 and depression this reaction was unprompted and consistent across all groups that's your study 00:15:15.520 --> 00:15:21.240 Senator we try to understand the the feedback and and how people feel about the services we can 00:15:21.240 --> 00:15:28.440 improve a minute your own your own study says that you make life worse for one in three teenage girls 00:15:28.440 --> 00:15:35.160 you in and what it says and you're tesy to us in that there's no link you've been doing this for 00:15:35.160 --> 00:15:39.920 years for years you've been coming in public and testifying under oath that there's absolutely no 00:15:39.920 --> 00:15:45.920 link your product is wonderful the science is nent Full Speed Ahead while internally you know full 00:15:45.920 --> 00:15:52.920 well your product is a disaster for teenagers and you keep right on doing what you're doing right 00:15:52.920 --> 00:15:57.120 not true that's not true let me let me let me show you some other facts I know that you're familiar 00:15:57.120 --> 00:16:02.920 withit minut that's not a question that's not a question those are facts Mr Zuckerberg that's not 00:16:02.920 --> 00:16:07.800 a question those aren't facts let me show you some more facts here are some here's some information 00:16:07.800 --> 00:16:11.840 from a whistleblower who came before the Senate testified under oath in public he worked for you 00:16:11.840 --> 00:16:17.800 it's a senior exe okay so now let us move to the next type of IP that is a copyright so when we are 00:16:17.800 --> 00:16:22.960 talking about a copyright right the subject matter of a copyright you know it's a long list actually 00:16:22.960 --> 00:16:30.360 that literary work artistic work musical work cinematographic like work or a sound recording 00:16:30.360 --> 00:16:38.720 computer software then there is architectural work pantomimes choreography right so all this 00:16:38.720 --> 00:16:44.160 is coming under sculptures are there photographs are there all this is coming under the copyright 00:16:44.160 --> 00:16:51.640 subject matter now obviously when we are dealing with the copyright that originality authorship and 00:16:51.640 --> 00:16:58.840 then the eligibility that when we say it is a work which we can be protect under that using the IP 00:16:59.400 --> 00:17:05.360 instrument that is a copyright some eligibility criterias are there so that should be fulfilled 00:17:05.360 --> 00:17:11.520 by that subject Madam originality is a mandatory obviously it is a copyright is for expression 00:17:11.520 --> 00:17:18.920 and that expression should be original right so that is first important thing that originality 00:17:18.920 --> 00:17:25.280 should be like followed and it should not be a copy of a existing work that is very very 00:17:25.280 --> 00:17:32.040 important authorship is another important like a by default who s is a creating it is a author 00:17:32.040 --> 00:17:36.880 and author is a owner that is according to the ACT we know that author is the owner and then 00:17:36.880 --> 00:17:44.600 author that may like transfer that work to some someone else it can it is like a depending 00:17:44.600 --> 00:17:49.480 on the work like for example film industry you know that producer will take rights from the 00:17:49.480 --> 00:17:55.240 actors their performance right the literary work protection from the script writer from composer 00:17:55.240 --> 00:18:02.040 that rights will be taken up that right so the point is like that here the authorship who who 00:18:02.040 --> 00:18:07.640 have created is who the owner who is transferring rights to the producer and that will be work for 00:18:07.640 --> 00:18:13.640 higher kind of a scenario right so that that that particular authorship is a very important and work 00:18:13.640 --> 00:18:19.160 eligibility is again the another important point when we are dealing with this particular copyright 00:18:19.160 --> 00:18:24.360 right that identifying that works which are eligible to the copyright protection whether it 00:18:24.360 --> 00:18:28.640 is a literary work whether it is a artistic work whether it is a musical work whether it 00:18:28.640 --> 00:18:33.440 is is a dramatic work whether it is a photograph whether it is a architectural work so we have to 00:18:33.440 --> 00:18:40.200 classify that and we have to consider whether it is like a original expression is a very important 00:18:40.200 --> 00:18:44.440 when we are talking about when we are talking about a procedural aspect of copyright we know 00:18:44.440 --> 00:18:50.640 that yes again here you have to kind of the go for the application then there is a registration 00:18:50.640 --> 00:18:58.840 procedure and then unfortunate event there may be opposition because the whenever the examination 00:18:58.840 --> 00:19:04.840 the register is or the examiner in the copyright registry when they are doing off 00:19:04.840 --> 00:19:10.760 in that copyright office whenever they are doing the examination they will do they will check again 00:19:10.760 --> 00:19:17.280 the that obviously substantive that originality and all that aspects there's no any database to 00:19:17.280 --> 00:19:23.000 check originality but they will like go into details and they will publish the work 00:19:23.000 --> 00:19:28.920 in on their site that this is the work which is claimed by this fellow and if if somebody have to 00:19:28.920 --> 00:19:34.880 like objection they can do the file the opposition if that opposition comes opposition related 00:19:34.880 --> 00:19:39.840 proceedings will be there and then after that the decision will be taken on the registration 00:19:39.840 --> 00:19:47.200 of that particular that copyright registration so here form 14 is there and you know that that you 00:19:47.200 --> 00:19:52.640 have to give whole details about the copyright material and then the registration will happen 00:19:52.640 --> 00:19:59.880 and obviously enforcing copyrights is like that whenever that and that is a major we can 00:19:59.880 --> 00:20:07.360 say the issue we can say because in academic industry I'm using word academic industry 00:20:07.360 --> 00:20:13.240 very responsibly because you you see that that photocopy and then other kind 00:20:13.240 --> 00:20:17.000 of activities obviously are coming into the picture when we are talking about academic 00:20:17.000 --> 00:20:22.880 system film industry is there right publishing industry is there so these three sectors are very 00:20:22.880 --> 00:20:28.640 very we can say prominently other types of ips are there but these IPS that in this sector 00:20:29.480 --> 00:20:36.360 this copyright plays are very very important and then you see lot of issues or disputes related 00:20:36.360 --> 00:20:43.240 to copyright in this particular like sectors right so that enforcement becomes a very challenging 00:20:43.240 --> 00:20:49.440 and we will see how to do go for that exactly how to enforce that right whenever 00:20:49.440 --> 00:20:54.760 we will enter into that copyright dedicated week about this enforcement infringement and 00:20:54.760 --> 00:21:01.760 enforcement we will deal with that details okay now this novel and original like further 00:21:01.760 --> 00:21:07.240 we will move next to the industrial design when we are talking about industrial design actually 00:21:07.240 --> 00:21:13.760 what happens again novelty and originality is a very important along with the aesthetic like 00:21:13.760 --> 00:21:20.160 aspect is very important so when we are talking about industrial design aesthetic aspect novelty 00:21:20.160 --> 00:21:25.920 aspects and then the that originality is again very important that industrial applicability is 00:21:25.920 --> 00:21:32.400 very important right so for example we know that that if any external any article again 00:21:32.400 --> 00:21:37.960 that article definition is very clearly defined in the industrial design act that it should be like 00:21:37.960 --> 00:21:44.760 a cable like it's it's Standalone cable article that is very important it will be manufactured 00:21:44.760 --> 00:21:50.160 or it may be like combination of that so all these details are there so that article 00:21:50.160 --> 00:21:56.640 whatever it may be it may be a mouse it may be a kind of a small screw wall whatever it may be 00:21:56.640 --> 00:22:03.080 so it should have a novelty aspect it should be like having some aesthetic aspect because 00:22:03.080 --> 00:22:09.160 industrial design is for that aesthetic that feature ornamental feature actually right 00:22:09.160 --> 00:22:15.000 and then the like a industrial applicability that is very important industrial applicability is a 00:22:15.000 --> 00:22:21.040 very very important because if you see copyright and Industrial design copyright so many pictures 00:22:21.040 --> 00:22:27.760 are there so many you can say the the sculptures are but that industrial design aspect is a very 00:22:27.760 --> 00:22:34.360 important when we consider that industrial design that industrial applicability that is very 00:22:34.360 --> 00:22:42.160 important okay so novelity then the aesthetic aspect and then the industrial applicability that 00:22:42.160 --> 00:22:47.560 part we have to consider when we are talking about a industrial application now when you 00:22:47.560 --> 00:22:54.640 enter into this procedural aspect what procedural aspect again here the registration then when 00:22:54.640 --> 00:22:58.680 you are doing the registration obviously you are filing the application you are giving the present 00:22:58.680 --> 00:23:05.520 ation then disclaimer all this procedural part is there so you will do that registration examination 00:23:05.520 --> 00:23:11.400 will be there examination related like the the proceedings will be there and then there will be 00:23:11.400 --> 00:23:16.360 the registration actually and after registration renewal part is there yes renewal part is there 00:23:16.360 --> 00:23:21.600 in trademark also and renewal part is there in industrial design also what is the life of 00:23:21.600 --> 00:23:27.160 trademark after how many years you can renew it and how many times just check out and also for 00:23:27.160 --> 00:23:32.920 industrial design you are doing renewal and how many times and how many years you just find out 00:23:32.920 --> 00:23:38.800 that thing okay so this industrial design renewal related procedural part is there here 00:23:38.800 --> 00:23:44.480 timeline is very important if that gra period also if you cross then that goes into the public 00:23:44.480 --> 00:23:51.120 domain so that that part is very important that renew renovation actually okay and then the 00:23:51.120 --> 00:23:55.960 if unfortunately infringement litigation if initiated then you have to comply and 00:23:55.960 --> 00:24:02.480 then the you have to respond to that particular action also right so design application renewal 00:24:02.480 --> 00:24:08.080 then examination then registration and if unfortunate event there may be litigation so 00:24:08.080 --> 00:24:13.680 litigation related proceedings will be there next is like a geographical indication now when we are 00:24:13.680 --> 00:24:18.760 talking about a geographical indication your it's like Association it's a group of people 00:24:18.760 --> 00:24:24.640 owning that particular right right so here the importance is like the importance is towards 00:24:24.640 --> 00:24:31.680 the that attributes which are there that Goods whatever goods are there these goods are like in 00:24:31.680 --> 00:24:39.000 a particular territory these are in a particular region and then here that particular quality 00:24:39.000 --> 00:24:45.440 or a reputation and other characteristics of that good are attribution because of that 00:24:45.440 --> 00:24:52.640 particular location that is giving the importance to that particular good and therefore it will be 00:24:52.640 --> 00:24:58.640 categorized or it will be getting protection under that geographical indication now this Geographic 00:24:58.640 --> 00:25:05.360 indication obviously it is like a that the attribution is because of that weather maybe 00:25:05.360 --> 00:25:12.400 because of a climate conditions right soil water so that is that is contributing and then other 00:25:12.400 --> 00:25:17.720 like aspect is like a community related activities are there so particular Community residing in that 00:25:17.720 --> 00:25:24.560 particular area from it is like from Generations after generation that particular products are 00:25:24.560 --> 00:25:30.400 developed or it is like a community practic is there and that that is and then it becomes a very 00:25:30.400 --> 00:25:36.920 specific to that particular area right now here therefore the importance is like that location 00:25:36.920 --> 00:25:43.040 is important and the specific attributes are very very important issue comes where 00:25:43.040 --> 00:25:48.760 if it is a you know that when you're are doing the registration that Association is there but anybody 00:25:48.760 --> 00:25:55.720 if you want to want to do business around that authorization is required so authorized user so 00:25:55.720 --> 00:26:01.720 first GI registration is there and then authorized user registration is there that two important 00:26:01.720 --> 00:26:06.800 different things are there right it's not like that by default you are like authorized to use 00:26:06.800 --> 00:26:12.280 that if I'm in that locality I'm like authorized to use that and I can do business no you should 00:26:12.280 --> 00:26:17.760 be authorized user for that you have to give application to chenai office and then once you 00:26:17.760 --> 00:26:23.280 have that certificate from the office then only you can start a business around that particular 00:26:23.280 --> 00:26:29.920 whatever good it may be okay so that is now issue comes where issue comes some if unauthorized usage 00:26:29.920 --> 00:26:35.160 happen like somewhere you are walking probably you might have seen that you are in somewhere 00:26:35.160 --> 00:26:41.200 say Kolkata and in Kolkata you see the Alonso mango probably that is not Alonso mango or you 00:26:41.200 --> 00:26:47.160 say a pashmina sha you you are not in like suppose somewhere in Kerala and you see the shaw somebody 00:26:47.160 --> 00:26:53.880 selling it as a pashina sha so what is happening it is unauthorized like a representation 00:26:53.880 --> 00:26:59.760 actually wrong representation is also there and unauthorized percentage unauthorized use 00:26:59.760 --> 00:27:05.360 is also there to like seek the and therefore you know that there is like a in trademark the 00:27:05.360 --> 00:27:10.760 provision came like a silk Mark handloom Mark that Provisions came there to protect that yes 00:27:10.760 --> 00:27:15.800 whether it is really silk whether it is really handloom so certification marks are like giving 00:27:15.800 --> 00:27:22.800 the like that that relief that yes you are not getting deceived right so that is a kind of AR so 00:27:22.800 --> 00:27:27.000 that inter relation between these IPS are there but we have to just when we are focusing now on 00:27:27.000 --> 00:27:33.200 a GI we have to remember that unauthorized use is the issue and that we have to take care 00:27:33.200 --> 00:27:37.080 next is a protection of a plant varieties and the farmers right when we are talking 00:27:37.080 --> 00:27:43.920 about protection of plant varieties and Farmers red new plant varieties dust now you can just 00:27:43.920 --> 00:27:52.240 check here in the protection of plant varieties that there is a dust test what is a dust test D 00:27:52.240 --> 00:27:59.840 distinctiveness uniformity and a stability that is very important so that new plant variety it should 00:27:59.840 --> 00:28:07.120 be distinct the result should be uniform and then the stability must be there that is very important 00:28:07.120 --> 00:28:14.280 right and obviously means Farmers right also if you see that farmers variety also if you see there 00:28:14.280 --> 00:28:21.400 also like a like it is like a natural selection procedure is there most of the time but in case 00:28:21.400 --> 00:28:28.280 of a breeders like right or that the researcher when you are developing that new variety this 00:28:28.280 --> 00:28:35.720 dust test is becoming a major important like a test and without the certification of that 00:28:35.720 --> 00:28:40.960 this new variety cannot be registered okay when you go for a procedural aspect obviously 00:28:40.960 --> 00:28:45.160 here you have to go for the registration of that plant varieties and then there is like 00:28:45.160 --> 00:28:51.360 a examination and then after examination there will be registration and there there are less 00:28:51.360 --> 00:28:58.200 chances because this awareness is not still that oppositions are coming or not but if by 00:28:58.200 --> 00:29:03.360 like U unfortunate scenario oppositions may come and then the opposition related proceedings you 00:29:03.360 --> 00:29:10.440 have to handle and enforcement related action you have to take now next like a integrated circuit 00:29:10.440 --> 00:29:15.440 layout design when we are talking about integrated circuit lay layout design it is a layout design 00:29:15.440 --> 00:29:21.760 it's a Topography of integrated circuit right so obviously the originality aspect is very very 00:29:21.760 --> 00:29:28.120 important here that novelty aspect is very very important here okay and Industrial application is 00:29:28.120 --> 00:29:35.040 very very important now procedural aspect comes is like application registration that after 00:29:35.040 --> 00:29:40.640 examination obviously it will be registered and after that registration there will be if 00:29:40.640 --> 00:29:46.600 unauthorized use there will be that enforcement proceedings will start but in India the current 00:29:46.600 --> 00:29:53.320 scenario is like only two registered integrated circuit L out designs are there so probably with 00:29:53.320 --> 00:29:59.560 the semiconductor industry development we can have a more registration under this particular 00:29:59.560 --> 00:30:06.040 category next is like a trade secret now this is one of the important like U IP and playing 00:30:06.040 --> 00:30:11.720 measure role when we are now entering into that like a very complex technological developments 00:30:11.720 --> 00:30:16.360 this trade secret is a very very important so it's a confidential information they may it may 00:30:16.360 --> 00:30:21.600 be a formula it may be a process that may be a techniques that may be a method right so that 00:30:21.600 --> 00:30:26.360 is giving a competitive advantage and you know that in trade secret we have seen that the three 00:30:26.360 --> 00:30:32.080 criteria are there for a trade secret so that particular three criteria this particular Trad 00:30:32.080 --> 00:30:39.560 trade secret it should follow and that that that that is a like confidential information that 00:30:39.560 --> 00:30:44.880 can qualify trade secret if this qualifies that particular three criteria right and when we are 00:30:44.880 --> 00:30:49.760 talking about a procedural aspect we are going for a protecting of that by using non-disclosure 00:30:49.760 --> 00:30:57.920 agreements or some like that stricter kind of access to that particular that District 00:30:58.600 --> 00:31:05.640 restricting the access that is another this particular means the ways you can use for the 00:31:05.640 --> 00:31:13.040 protection of that particular trade secret right and yeah if the litigation or comes around that 00:31:13.040 --> 00:31:19.040 particular obviously the procedural part related to that particular litigation that we have 00:31:19.040 --> 00:31:24.800 to take care of right and injunctions is another that inunctions related proceedings may be there 00:31:24.800 --> 00:31:30.840 so in many of the IP types you can see that in injunction order is like very important because 00:31:30.840 --> 00:31:38.600 it will be immediately taking action on that particular that misuse or misappropriation of that 00:31:38.600 --> 00:31:45.200 IP the last one like a biotechnology related IP if it is there that is a very very important and 00:31:45.200 --> 00:31:52.560 you know that in patent act we have already taken care that biodiversity board certification for 00:31:52.560 --> 00:32:00.000 any of the natural source if you are mentioning in your patent it is a mandatory so it's like a by 00:32:00.000 --> 00:32:07.120 default we are taking care in a patent act about this particular protection of that flora and 00:32:07.120 --> 00:32:12.760 FAA or biodiversity of a country we are taking care by making it mandatory to disclose that 00:32:12.760 --> 00:32:18.880 from where exactly that particular natural Rose is extracted if it is a plant if it is a animal 00:32:18.880 --> 00:32:25.000 product then from where you have exactly got it it is a that certification is mandatory right 00:32:25.000 --> 00:32:30.440 so that genetic inventions gen sequences genetically modified organisms which are which 00:32:30.440 --> 00:32:36.600 are allowed to patent in India because if there is a human intervention then you can do the that you 00:32:36.600 --> 00:32:43.520 get the protection after obviously the Budapest treaty you know that deposition in a nccs in Pune 00:32:43.520 --> 00:32:51.040 or it is in a mte this chandigar that that you have to do right procedural wise you have you 00:32:51.040 --> 00:32:56.360 have like a regulatory compliances also and bios safety measures are also there when we are talking 00:32:56.360 --> 00:33:03.760 about biotechnology ology related this particular IP so in short if I want to summarize we can say 00:33:03.760 --> 00:33:09.560 that you can just check the that patent copyright trademark industrial design all this particular 00:33:09.560 --> 00:33:17.040 when we are talking about these all types actually what is happening here the the procedural part 00:33:17.040 --> 00:33:23.160 and there is a substantive and a procedural like a specifications are there and we have to comply 00:33:23.160 --> 00:33:29.040 we have to follow that particular guidelines and then the procedures related to that okay so now 00:33:29.040 --> 00:33:35.400 next Quiz time okay so what you can do here is like that that you just find out that related 00:33:35.400 --> 00:33:44.800 to this particular IP whatever IP you like you just take any of the IP and check what is that 00:33:44.800 --> 00:33:52.560 substantive procedure substantive subject matter for that particular IP out of this eight IPS you 00:33:52.560 --> 00:33:58.920 can take any and you just write down one or two points related to the substantive subject matter 00:33:58.920 --> 00:34:08.240 okay so with this we are coming to the end of this session see you in the next session thank you