protecting your ipr (intellectual property) by disha dewan at etailing india expo'17
TRANSCRIPT
Copyright © 2014 R. K. Dewan & Co.
DISPELLING MYTHS ON INTELLECTUAL PROPERTY (IN INDIA!)
Disha Dewan | BSc, MPhil (Cantab), LLBPatent Attorney R K Dewan & Co
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India Entrepreneurs Club 3rd Annual conference & eTailingExpo 2017
Mumbai | 8th February 2017
Copyright © 2014 R. K. Dewan & Co.
Intellectual Property
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PATENTSTRADEMARKS
COPYRIGHT
DESIGN
GEOGRAPHICAL INDICATIONS
PLANT VARIETIES
Copyright © 2014 R. K. Dewan & Co.
Myth #1
IP is a vague subject of law
• only theoretical
• not relevant practically applicable in India
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Copyright © 2014 R. K. Dewan & Co.
Myth #2
We have bad IP laws in India
• India is not very IP friendly
• Eating up the negative media publicity
• Indifference lack of IP protection missed
opportunities
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Myth #3
Enforcement of IP rights in India? Forget it!• No one really cares about IP rights in India and infringers will get
away in any case
• Getting IP stolen/copied is just a way of life and has to be taken in
one’s stride when doing business
• The Courts will take forever to decide a case so what is the point?
• Even if the Courts reach a decision, there is no interim relief
• Any litigation, if any at all, takes place only in Delhi
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• RKD’s client, Hygienic Research Institute
Pvt. Ltd., successfully restrained the
Defendant from infringing the Plaintiff’s
mark “Super Vasmol 33”
• Based on the arguments put forth by RKD,
the Bombay High Court also passed an
order to search the Defendant’s premises
and seize infringing goods
• Huge stocks of the Defendant’s products
bearing the infringing mark “SUPER
WAXMOL 303” were seized 6
Hygienic Research Vs. Cento Products (Bombay High Court)
Case Study 1
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• The complete proceeding from filing the suit in the Bombay High Court to
getting a favorable order (permanent injunction and an order for
destruction of goods) took 37 days in all.
• Some photographs of the seized counterfeit product are shown herein:
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Hygienic Research Vs. Cento Products (Bombay High Court)
Case Study 1
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Case Study 2 – Well Known trademark
• Lavasa Corporation owns ‘Lavasa Township’, India’s first hill city, planned for approximately 0.3 million permanent residents with facilities for about 2 million tourists every year.
• RKD was successful in obtaining an order of permanent injunction for Lavasa Corporation, restraining the Defendant from using the mark “Lavasa” as a part of its corporate name.
• The order of permanent injunction was passed in a period of just 6 months.
• RKD was successful in convincing the Hon’ble Court to declare “Lavasa” as a ‘well-known mark’.
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Lavasa Corporation Vs. Lavasa Visuals Pvt Ltd. (Bombay High Court)
Copyright © 2014 R. K. Dewan & Co.
Case study 3 - Anticounterfeiting
Plaintiff’s bottle
Defendant’s bottle
• RKD’s client, GM Breweries, is the largest
manufacturer of ‘country liquor’ in India. All
its bottles are embossed with the ‘GM’ logo.
• Use of these bottles by the defendant was
injuncted, although the labels used by the
defendant on the bottles were entirely
different.
• Over 10 million bottles were seized and the
factory was sealed within a period of 11
days from date of initiating action. A decree
and permanent injunction was obtained. 9
GM Breweries vs The Sanjeevani S S K Limited (Bombay High Court)
Copyright © 2014 R. K. Dewan & Co.
Myth #4
Publication is more important than
patenting
• Instant recognition
• Cost is not an issue
• Academic, marketing & advertising journals, websites, blogs,
books etc. all count!
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Myth #5
IP is just a status symbol,
monetization is just a
concept
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• IP Audit
• IP Valuation
• Using IP Assets to obtain funding from financial institutions
• Selling, licensing, royalties
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Myth #6
I cannot get patents for
software
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• Section 3 of the Indian Patents Act
• Technical effect of a computer implemented program
Copyright © 2014 R. K. Dewan & Co.
Myth #7Patent Searching? Why would I
need that? I am not filing any
patents right now…
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• Prior Art
• Patentability
• Freedom to Operate
• Invalidation
• Technology Maps
• White Space Analysis
• Informed R&D
• Setting company
objectives & strategy
• Budget & resources
allocation