IP 101
Copyright
Design
Patent
Trademark
Patent 101 |
|
| Priority Claim | Yes |
| Examination | Upon filing request within 48 months from the date of earliest priority. If no Request for Examination is filed, the application is deemed to be abandoned |
| Registration Term:
Ordinary and Convention PCT national Phase |
20 years from the India filing date 20 years from the date of international application |
| Publication | Within 18 months from the date of entering the national phase but not later than 36 months from the earliest priority |
| Annuities | Annually |
| Grace Period for Payments | No grace period is available but it is possible to restore. |
| Compulsory Licensing | Available after the expiration of three years from the date of grant of Patent |
| Working of Patents | To be disclosed annually |
| Power of Attorney | Simply signed in original, no notarization or legalization required to be filed within 3 months of filing the application |
| Assignment | Possible |
| Conventions | Conventions Paris Convention on Protection of Industrial Property and Patent Cooperation Treaty |
| Customs Recordation for Cross Border Measures | Possible for registered patents under the Intellectual
Property Rights (Imported Goods) Enforcement Rules, 2007 One filing covers all ports in India |
Design 101 |
|
| Possible to Claim Priority (Paris Convention) | Possible |
| Classification | Based on Locarno Classification |
| Initial Term | 10 years |
| Renewal | 5 years |
| Restoration of Lapsed Designs | 1 year from the date of lapse |
| Filing till Registration | 6 months |
| Power of Attorney | A simply signed Power of Attorney in original, no notarization or legalization required |
| Cancellation | Cancellation Possible. On the grounds that the design is not novel, or already known to public, or already registered or should not have been registered to begin with under the Designs Act |
| Assignment | Assignment Possible, must be recorded at the Designs office, within 6 months of execution. Additional 6 months period possible, at the discretion the Controller |
| Licensing | Possible |
| Conventions | Paris Convention for Protection of Industrial Property and TRIPS agreement |
| Customs Recordation for Cross Border Measures | Possible for registered designs under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 One filing covers all ports in India |
Copyright 101 |
|
| Registration | Not mandatory, but acts as a prima facie evidence of ownership |
| Subject Matter of Copyright | Literary, dramatic, musical and artistic work
Computer programs or software Cinematographic films including sound track and video clips |
| Term of Copyright | For literary works, if published within the life time of the author, the term is life plus 60 years
For cinematographic films, records, photographs, works of government and international agencies, 60 years from the beginning of the calendar year following the year of publication For broadcasting, 25 years from the beginning of the calendar year following the year in which the broadcast was made |
| Power of Attorney | Simply signed in original, no notarization or legalization required |
| Assignment | Possible. The agreement must be in writing, and have a consideration clause along with clauses related to duration and territorial extent. If the term and territory are not stated, then by default it is treated as an assignment for 5 years with territorial restriction to India |
| Licensing | Possible. License agreement must be in writing, identify the work, have a consideration clause along with clauses related to duration, territorial extent, reversion/extension and termination |
| Convention | Berne Convention for the Protection of Literary and Artistic Works, Universal Copyright Convention, Marrakesh Treaty and TRIPS Agreement |
| Customs Recordation for Cross Border Measures | Possible under the Intellectual Property Rights (Imported
Goods) Enforcement Rules, 2007
One filing covers all ports in India |
Trademark 101 |
|
| Multi-Class Application | Yes |
| Possible to Claim Priority (Paris Convention) | Yes |
| Classification of Goods and Services | 10th edition of the Nice Classification |
| Vienna Codification | For device marks |
| Registration Term | 10 years from the date of filing |
| Opposition | 4 months from the date of publication in the Trade Marks Journal |
| Renewal Term | 10 Years |
| Grace Period for Renewal | Within 6 months from expiration date with payment of surcharge |
| Restoration of a Lapsed Mark | 6 months from the date of expiry |
| Intent to Use Application | Yes |
| Use Based Application | Yes, along with an affidavit of use and supporting proof of use of mark in India |
| Filing till Registration | 12-14 months |
| Power of Attorney | Simply signed in original, no notarization or legalization required |
| ™ | Any time after use |
| ® | Only after registration |
| Cancellation Based on Non-Use | Yes, if not used for 5 years 3 months from the date of cancellation action |
| Licensing | Possible for both unregistered & registered marks |
| Assignment | Possible for both pending & registered marks. |
| Conventions | Madrid Protocol and Paris Convention on Protection of Industrial Property and TRIPS Agreement |
| Customs Recordation for Cross Border Measures | Possible for registered marks under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 One filing covers all ports in India |
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