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Wednesday, 20 March 2019

05:38

What do you understand by Design Rights? Explain in short.

What do you understand by Design Rights? Explain in short.
What do you understand by Design Rights? Explain in short.

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What do you understand by Design Rights? Explain in short.
SOLUTION:
Design Rights:

  • A registered design protects the visual appearance of a product or item & gives you exclusive rights for that appearance to the extent that, if necessary, there is a legal right to stop can unauthorized party from producing or using your design.
  • Design Rights protect the way a product looks. If the design has a technical function or the appearance of the product comes naturally as a result of the function that it perform, then a design right may not be suitable.
  • In order for a registered design to be valid it must.
  • Be now (no similar or identical designs registered)
  • Have individual character (the appearance of the design is different to any existing designs)
  • Be already registered in an approved Overseas Jurisdiction.
  • If a registered design is granted it will last for upto 25 years but need to be renewed every 5 years.
05:37

Write Steps to Register Patent In UK.

Write Steps to Register Patent In UK.
Write Steps to Register Patent In UK.

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Write Steps to Register Patent In UK.
SOLUTION:
Steps to Register Patent In UK:
Steps to Register Patent In UK is as follows:
STEP 1: Draft your description and complete patent drawings: Drafting your patent can be carried out by a patent agent or you choose to draft the application yourself. Either way it helps to have a patent search report detailing existing patents, so you can make sure your application is worded to avoid infringing existing patents.

STEP 2: File a form 1 with your description & drawings at the UK Patent Office; Guidelines are as follows: filing in form 1. If you are using on agent then they will do this on your behalf. Otherwise you will need to complete the form yourself, attach a full description of your idea & the drawings & send the completed patent application to:
Intellectual Property Office
Concept House
Cardiss Road, NP 108 RR
United Kingdom
Patent filing can be completed online at this address:
UK IPO Patent Filing ONLINE
05:35

What is Copyright? What can be protected under Copyrights?

What is Copyright? What can be protected under Copyrights?
What is Copyright? What can be protected under Copyrights?

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What is Copyright? What can be protected under Copyrights?
SOLUTION:
Copyright:
  • Copyright is a legal term describing rights given to creators for their literary & artistic work.
  • Copyright is a form of protection grounded in the US constitution & granted by law for original works of authorship fixed in a tangible medium of expression.
  • Copyright covers both published and unpublished works.


Protected Under Copyrights:
The kind of works covered by copyright include:
  • Literary work such as Novels, Poems, Plays, Relevance Work, Newspapers and Computer Programs, Databases, Films, Musical Compositions & Choreography.
  • Artistic works such as Painting, Drawings, Photographs, Sculpture, Architecture and Advertisements, Maps and Technical Drawings.
  • Copyright subsists in a work by virtue of creation, hence it is not mandatory to register. However, registering a copyright provides evidence. That copyright subsists in the work & creator is the owner of the work.

Tuesday, 19 March 2019

05:18

What is Cyber Appellate Tribunal? What are its Powers?

What is Cyber Appellate Tribunal? What are its Powers?
What is Cyber Appellate Tribunal? What are its Powers?

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What is Cyber Appellate Tribunal? What are its Powers?
SOLUTION:
Cyber Appellate Tribunal:
  • The Cyber Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules, the Cyber Appellate Tribunal shall have powers to regulate its own procedure including the place at which it shall have its sitting.
  • The Cyber Appellate Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely –
  1. Summoning and enforcing the attendance of any person and examining him on oath;
  2. Requiring the discovery and production of documents or other electronic records;
  3. Receiving evidence on affidavits;
  4. Issuing commissions for the examination of witnesses of documents;
  5. Reviewing its decisions;
  6. Dismissing an application for default or deciding it ex parte;
  7. Any other matter which may be prescribed.
  • Every proceeding before the Cyber Appellate Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196 of the Indian Penal Code and the Cyber Appellate Tribunal shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
05:18

Explain Copyright issue in India. Explain Copyright in WWW.

Explain Copyright issue in India. Explain Copyright in WWW.
Explain Copyright issue in India. Explain Copyright in WWW.

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Explain Copyright issue in India. Explain Copyright in WWW.
SOLUTION:
Copyright Issue In India AND Copyright In WWW:
  • The traditional concept of copyright has given place to a more complex meaning to cope up with the advancements in the nature of works and the mediums of their expressions that merit protection under the Copyright Law. Innumerable issues arise in the process of a virtual tug of war between the copyright holders and their infringers. Stringent remedies are devised to safeguard the intellectual property rights and amendments have been made in the legislation governing IPR in India and Information Technology Act, 2000 has been enacted to be in tune with the international concerns reflected in the WIPO Treaties and other International documents.
  • The Copyright Act, 1957 has been enacted by the Parliament in the exercise of its legislative powers conferred by Entry 49 of the Seventh Schedule to the Constitution of India with a view to amend and consolidate the law relating copyright. As provided in Section 16, no person shall be entitled to copyright or, any similar right in any work, whether published or unpublished, otherwise than under and in accordance with the provisions of this Act or of any other law for the time being in force.
  • The Parliament enacted the Information Technology Act, 2000 which provides legal recognition to electronic record and digital signatures. The expression “electronic record” as defined by Section 2(1)(t) of that Act means, data, record or data generated image or sound stored, received or sent in an electronic form or micro film. Tampering with computer source documents is made an offence under Section 65 of the Act, which provides that, whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force, shall be punishable with imprisonment upto three years, or with fine which may extend upto two lakh rupees, or with both.
05:17

Explain how Licensing for Technology is considered.

Explain how Licensing for Technology is considered.
Explain how Licensing for Technology is considered.

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Explain how Licensing for Technology is considered.
SOLUTION:
Licensing For Technology:
  • By a technology licensing agreement, the licensor authorizes the licensee to use the technology under certain agreed terms and conditions.
  • It is therefore, a contract freely entered into between two parties and contains terms & conditions so agreed upon.
  • Through a technology licensing agreement, it is possible to improve the quality of existing product or develop and manufacture a new product by using the patents or trade secrets owned by others.
  • This may also include entering into a new market or extending in the existing market for a product by acquiring the patent rights.

Example:
Tata Steel has obtained a process technology patent for making hybrid rollers used in sinter plants. This patent is now licensed to Jyoti Cero Rubber to get potential revenue over next three years. Looking at the wider market Tata Steel is licensing this technology to other competent parties.
05:16

What are the rights granted for Registration of Design?

What are the rights granted for Registration of Design?
What are the rights granted for Registration of Design?

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What are the rights granted for Registration of Design?
SOLUTION:
Rights Granted For Registration Of Design:
  • A person has the right for exclusive use of the design which is subject to the provision of Design Act, 2000. Hence the Design registered under this act can be used from the date of registration.
  • If the design provision gets expired then the applicant can extend the period of design by paying the prescribed fees.
  • Every person has a right to protect the design from piracy. Any person responsible for infringing the registered design then he is liable to pay a fine of a sum not exceeding 25,000.
  • Under section 20 of the design Act, 2000. There are exceptions in case of using the design related to the government. Hence the government can use the registered design which prohibits other person to use this design under certain circumstances.
  • Section 11 of the Design Act, 2000 has provided extension period if the registered design gets expired. Hence the maximum period of extending the registered design is for 15 years.