e-applications for patent and trademark…

On July 20th, 2007 India introduced e-application filing facility for patents and trademarks. The Indian Patent and Trademark Offices are proposed to be virtually paper-less offices in two years time period. Only a few countries patent offices like USPTO, EPO, JPO, South Korea and China have e-filing facility.

Pending Patent matters transferred to IPAB…

By a notification the Central Government transferred all cases of appeal against any order or decision of the Controller of Patents and all cases pertaining to revocation of patent other than on a counter-claim in a suit for infringement and rectification of register of patent pending before any High Court with effect from April 2nd, 2007 to the Appellate Board (IPAB).

Relationships

• Intellectual Property Lab has established Strategic Alliance with IP Watchdog Inc. of USA.
  We are looking forward to establish new alliances.

Important Court Decisions

• A prospective owner can enter into an agreement to assign rights in a ‘film’ to a third person but the said rights are effective only after the film is completed and not before. Likewise, right to claim infringement on the basis of copyright under section 55 of the Copyright Act has been given to an owner as defined in section 17 of the Act and not to a prospective owner. In the view of the above it cannot be said that ‘films’ which have not been conceived or after being conceived are under production can become a subject matter of an infringement action relating to cinematographic films under section 55 of the Act. Existing owners of cinematographic films cannot under the Act get omnibus interim order for cinematographic films of which they may become owners in future.
  ~Time Warner Entertainment Company Vs RPG Netcom, 2007 (34) PTC 674 (Del) (DB)
  

• The right of a film-maker to make and exhibit his film, is a part of his fundamental right of freedom of speech and expression under Article 19(1)(a) of the Constitution of (India). A film is a medium for expression and communicating ideas, thoughts, messages, information, feelings and emotions. It may be intended either for public exhibition (commercial or non-commercial) or purely for private use.
  ~ Directorate of Film Festivals v. Gaurav Ashwin Jain (2007) 4 SCC 738

• When an author creates a work of art or a literary work, it is possible to conceive of many rights which may flow. The first and foremost right, which comes to one’s mind, is the ‘Paternity Right’ in the work i.e., to right to have his name on the work. It may also be called ‘identification right’ or ‘attribution right’. The second right which one thinks of is right to disseminate his work i.e., the ‘divulgation or dissemination right’. It would embrace the economic right to sell the work for valuable consideration linked to paternity right a third right, being the right to maintain purity in the work can be thought of. There can be no purity without integrity. It may be a matter of opinion, but, certainly, treatment of a work which is derogatory to the reputation of the author, or in some way degrades the work as conceived by the author can be objected to by the author. This would be the moral right of ‘integrity’. Lastly, one can conceive of a right to withdraw from publication ones work, if author feels that due to passage of time and changed opinion it is advisable to withdraw. This would be the author’s right to ‘retraction’.
  ~ Amarnath Sehgal v. Union of India, 2005 (30) PTC Del. 260

• Authors are an integral part of the cultural heritage of any nation. The authorship is a matter of fact. It is history. Knowledge about authorship not only identifies the creator, it also identifies his contribution to national culture. It also makes possible to understand the course of cultural development in a country. Linked to each other, one flowing out from other, right of integrity ultimately contributes to the overall integrity of the cultural domain of a nation. Language of section 57 does not exclude the right of integrity in relation to cultural heritage. The cultural heritage would include the artist whose creativity and ingenuity is amongst the valuable cultural resource of a nation. Through the telescope of section 57 it is possible to legally protect the cultural heritage of India through the moral rights of the artist.
  ~ Amarnath Sehgal v. Union of India, 2005 (30) PTC Del. 263

The Central Government under the provision of the Customs Act, 1962 has made the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 and published the same as per the set procedure in the form of a notification on May 8, 2007. These Rules are now the procedure to be followed under the provisions of the Customs Act, 1962 for controlling the entry of the infringing goods through import at the entry points itself in India. Click here