Online Design Application

Online Design Application

Indian government is focusing towards the importance of Intellectual Property and requirement of efficient infrastructure to provide fast and transparent services to the public at large. In the recent, Government has taken some big steps which were not only long awaited but also most required. In last three years India witnessed a huge change in the Intellectual Property Laws and procedures thereto.

Specially, government has taken leap steps in field of Designs. As the design is the base of manufacturing industry. A design can be understood by the complete shape of any product manufactured at industrial scale. Designs due to their specific nature cannot fall under Trademark Act or Copyright Act, however, in order to protect the uniqueness of Design, in India Design Act was enacted.

Registration of design is a tedious process as due to specific requirement and technicality in the design application the applicant should possess the technical capabilities for the same. Design application were filed in India in physical mode and the application were made to the Kolkata office where all the design were examined and then registration were granted.

However, Government of India, vide Public Notice dated 09^th March, 2015 have initiated the online filing of design application. This will cause the speedy disposal of the design application and public at large can track their application status easily.

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Online Design Search

Design - a concept which changes the future of a product and primarily attracts the consumers. Companies are investing a lot of time and money in design and Indian Government is also seriously viewing the Intellectual Property Rights involved with the design of a product. Controller of Design and Patent on 26^th January,  2015 have launched dynamic search utility for search of design.

Now the design may be searched online. However, previously a person had to make payment to the department for making search of the design of a product and department make the search on behalf of the person itself and use to issue a search report. But now with the initiation of the dynamic search utility facility a person may make the search of the design online without making payment of any fee.

Please go through the link for the dynamic search utility.

Happy Republic Day!!!

Appointment of 100 Trademark Examiner on Contract Basis

Trademark Examiner

Trademark Department in order to speedy disposal of the Trademark pendency have proposed to make appointment of 100 Trademark Examiner on contractual basis for one year. For more information and eligibility please go through:

Vacancy Trademark Examiner

Please verify the information with the Trademark Department before making application. This content is provided for information purposes only.

Design (Amendment) Rules, 2014 - An overview

Government of India keeping the requirement of Small Scale Industry in country have notified the amendment in the Designs Rules and provided certain provisions for Small Scale Industries. Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) on 31^st December, 2014 notified the Design (Amendments) Rules, 2014 w.e.f. 30.12.2014. The amendment includes certain major changes as:

a.       Fee structure for filing of design application as well as other proceedings under the Designs Act in the First as well as Fourth Schedule of the amended rules have been revised.

b.      Applicants for designs have been categorised separately as “natural person” and “other than natural person(s)”. The second category of applicants i.e. “other than natural person(s)” has been further divided into two sub-categories viz. “small entity” and “others except small entity”. The fees for “small entity” have been fixed in between the fees for a natural person and for all persons other than natural persons (except a small entity).The criteria for “small entity have been elaborated in the amended rules.

c.       Revised Form 1 to 23 have been introduced in the Second Schedule.

d.      Government introduced Form-24 in the rules, which is to be accompanied every new application. For subsequent documents for which a fee has been specified and for which the fee applicable for a small entity is claimed, it should be ensured that Form-24 is filed at least once against the application number. In case of any change of status the applicant(s) such that the benefit derived by the applicant due to its claimed status does not remain valid or applicable, it will be the responsibility of the applicant(s) to inform the Official about the said change.

e.       In case an application processed by a natural person is fully or partly transferred to a person other than a natural person, the difference, if any, in the scale of fees between the fees charged from a natural person and the fees chargeable from the person other than natural person in the same matter shall be paid by the new applicant with the request for transfer.

f.        In case an application processed by a small entity is fully or partly transferred to a person other than a natural person (except a small entity), the difference, if any, in the scale of fees between the fees charged from the small entity and the fees chargeable from the person other than natural person (except a small entity) in the same matter shall be paid by the new applicant with the request made for such transfer.

For copy of notification please go through: Design (Amendment) Rules, 2014.

Bond and IPR

 Bond and Trademark

Name is Bond, James Bond… 007….,

News is thrilling for all Bond Lovers. Sam Mandes at Buckinghamshire's Pinewood Studios declared that “Spectre” will be the next Bond movie and as before “Daniel Craig” will be the James Bond. However, do you know that “007” alongwith the Logo is registered in the name of Danjaq, LLC bearing Trademark No. 77918452 in United States. Danjaq, LLC (formerly Danjaq S.A. and Danjaq Inc.) is the holding company responsible for the copyright and trademarks to the characters, elements, and other material related to James Bond on screen.

007 is a mark, registered mark… 

Note: This Article is purely published for the information purposes and the mark used in this article belong to their respective owner. Author or any of its associates neither claim any proprietary rights thereto. Author shall not be liable for any loss or damage  occur to any person due to any action taken solely based upon this Article.

Airbus Flying Saucer

AIRBUS FLYING SAUCER

In my early childhood I use to fascinate about the aircrafts used in the star trek and have thought about flying saucers. However, Airbus in its recent patent application, applied for the registration of a new design of aircraft. It looks like a flying saucer or we can say its renaissance of modern aircrafts design. Leading newspapers have given certain nomenclature like, “flying doughnut”, “flying saucer”. The patent application US20140319274A1 entitled as “Aircraft including a passenger cabin extending around a space defined outside the cabin and inside the aircraft” claims an aircraft comprising a new cabin structure for delimiting or increasing the space of the passenger cabin.

Hopefully, we will see some other design from rivals aircraft manufacturer too.

Note: This Article is purely published for the information purposes and the mark used in this article belong to their respective owner. Author or any of its associates neither claim any proprietary rights thereto. Author shall not be liable for any loss or damage  occur to any person due to any action taken solely based upon this Article.

Wish you a very happy deepawali...!!!

Hangover-II and IPR

Hangover-II and IPR

You must have known the well known Stu Price, a strait-laced dentist, in Hangover movie series.  In Hangover-II, Stu carries a tattoo on his face which was similar to the tattoo on the face of Mike Tyson the reputed American boxer. Mr. S. Victor Whitmill who was the creator of the Tattoo filed a lawsuit against Warner Bros. Entertainment just few weeks before the release of the movie. American Court have denied the preliminary Injunction asked by Whitmill, as Warner Bros. have already incurred a heavy amount and the loss occur to them will be very huge in comparison to Whitmill. However, American Court have acknowledged that Whitmill have a strong case, whereas, both the parties settled on the undisclosed terms at later stage.

Disclaimer: The trademark and copyright used in this Article belong to their respective owner and the Author or any of Associates do not claim any sort of right on them. This Article is intended solely for information purposes.

Trademark Registration Fee

Increase in fee of Registration of Trademark

Department of Trademark has increased the fee for Registration of Trademark. As per the new fee slab an Applicant have to pay an amount of Rs. 4,000/- per Trademark as registration fee rather than Rs. 3,500/- as before.

As per Notice bearing number CG/PublicNotice/2014-15/51 dated 07^th August, 2014 and consequent to the notification in the official gazette of India issued by the Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) dated 01^st August, 2014 (G.S.R. 523(E)) the government has increased the filing fee.

Fee for expedite examination has also been increased to 20,000/-. Find the copy of notification at http://www.ipindia.nic.in/iponew/publicNotice_07August2014.pdf.

Those Applicant who have applied after 01^st August, 2014 but before the date of notification, i.e. 07th August, 2014, shall have to pay an extra amount of Rs. 500/- as the deficiency to the Department of Trademark.

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India as Global Inventor

The Global Innovation Index and India

Economy of world is growing rapidly and we are witnessing a new creation and innovation in our daily life. Our i-phone gets old in couple of months and we get a new and improved technology. It is not only technology which is upgrading and innovating itself, innovation is taking place in each and every sector.

Global Innovation Index is an approach to find out the impact of innovation on the Economies in countries and how the countries inclined towards the innovation process. Global Innovation Index provides the ranking to countries based upon their contribution towards the innovation and its results occurred in their Economy and Society. 

Cornell University, INSEAD, and the World Intellectual Property Organization co-publish the Global Innovation Index since last seven year. Whereas, 2014 is the seventh year of publication of Global Innovation Index.

Global Innovation Index (“GII”) is a unique indices which evaluate the Economies of the world as per their innovating capabilities and is very useful from point of view of business person and obviously innovators. GII uses profiles, including data, ranks and strengths and weaknesses on 81 indicators of 143 country of the world. The index is submitted to an independent statistical audit by the Joint Research Centre of the European Commission.

Whereas, as per the Global Innovation Index Switzerland claims the 01^st positions among 143 countries. However, India, having population of more than 121 Crores[1] in comparison of 81,36,700[2]  of Switzerland has been  ranked 76 in Global Innovation Index. Instead of lagging behind in mass Switzerland is on the First position since last 3 years[3].

It is surprising to observe that as per Index India, slipped 10 places dropping to 76^th position this year.

If we look at our most competing neighbor, China claims 29^th position and Hong Kong at 10^th position. In India, 43,674[4] Patent applications have been  filed in the year 2012-13 whereas only 4,126 Patents have been granted so far. In terms of Designs, 8,337 applications were filed in India in the year 2012-13.

Innovation takes place when we are placed under condition when we have to do more with less. Indians are flocked with resources, so, here we are under condition where we are doing less with more. There are possibilities where India can lead the innovators of world and can set up an economy comprising of innovative thoughts.

As per the theme of GII this year, human factor is very vital for the innovation in economy. Indian colleges and Universities are manufacturing graduates every years but a very small part of the Intellectual young breed are indulged in innovation process. India has become a supplier of Engineer, Manager and technician to the world but alas due to certain factors Indian economy is unable to take benefit of indigenous inventors. It will be in favor of Indian Economy if Government gives promotion to Indian innovation process and implement better policy for R&D activities. 

This Article is solely intended for purpose of information to the public at large. Article is not intended for any commercial purposes. Global Innovation Index is published globally by WIPO, Cornell University, and INSEAD. For more information write at iprsmith@rediffmail.com or iprsmith@yahoo.com.

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[1] http://censusindia.gov.in/2011census/censusinfodashboard/stock/profiles/en/IND_India.pdf

[2] http://www.bfs.admin.ch/bfs/portal/en/index/themen/01/22/press.Document.177944.pdf

[3] Page 9 (The Global Innovation Index 2014)

[4] http://ipindia.gov.in/cgpdtm/AnnualReport_English_2012_2013.pdf