[ecis2016.org] In India, intellectual property rights are primarily Trademarks, Copyrights, Patents, and Designs.
In compliance with the WTO’s TRIPS Agreement, India guarantees protection for intellectual property rights. Legislative, administrative, and judicial authorities in India recognise the critical role that intellectual property (IP) plays in society. In the case of pirated and counterfeit items, police officers have the authority to take action against the breach of intellectual property rights (IPR). Infringement of intellectual property rights (IPRs) cases are heard in the law courts.
You are reading: IP India: Know all about services provided by IP India portal
Intellectual property rights official website
India’s official site for registering and administering intellectual property (IP) rights is ipindia.nic.in. The National Informatics Centre maintains the website. In India, the legislation regulating intellectual property is managed by the Controller General of Patents, Designs, and Trademarks (CGPDTM).
It is part of the government’s Department for Promotion of Industry and Internal Trade. It is a lengthy procedure to apply for or renew a trademark registration, with several processes, documentation, and follow-ups. In this article, let’s briefly understand IP India.
What is intellectual property?
Intellectual property is a vital asset for any company. If you want to conduct business or even if you are already doing business, it is critical to understand how to utilise, protect, and enforce an individual’s or corporation’s intellectual property rights. Intellectual property refers to the development of physical assets associated with a firm and its activities. In India, “intellectual property” refers to a brand, invention, design, or any other type of creation over which a person or business has legal rights. Almost every firm has some intellectual property, which may be thought of as a commercial asset.
In India, intellectual property rights are primarily trademarks, copyrights, patents, and designs. Each intellectual property category encompasses a distinct set of goods and works. It is vital to choose the appropriate category to protect the work and company property.
Types of intellectual property rights in India
In India, the following categories of intellectual property rights are prevalent:
Copyright
Protects written or published works such as books, music, films, online material, and other works of art.
Patents
Patent rights safeguard an innovation, a new commercial product, or a methodology.
Design
Registration of a design protects the design, which might be a sketch, colour, pattern, or mix of designs.
Trademarks
A trademark protects signs, symbols, logos, phrases, or sounds that serve to differentiate a company’s goods and services from those of rivals.
Understanding India’s intellectual property rights system
Registration of Trademark
In India, trademark registration enables the trademark owner to use symbols and phrases to represent a company or its goods. A trademark registration serves as a distinguisher between a business’s goods and its rivals. Once a trademark is registered, no other organisation may use it for the duration of the trademark’s usage.
After registering the mark, the applicant may begin using the TM symbol with the brand. The company’s trademark is regarded as a significant asset. Trademark registration enables the trademark to be protected. Due to the many procedures involved in trademark registration, it is recommended that one register a trademark with the assistance of specialists.
Registration of copyright
Copyright registration is the legal term for owning works of literature, theatre, music, sound, artwork, and recordings, among others. In India, copyright registration confers a slew of rights on the copyright owner, including the right to reproduce, communicate to the public, and even translate the work.
Copyright registration in India provides minimal protections for writers’ rights of ownership and enjoyment of their creations. Copyright registration lets you interact with the public, reproduce the work, alter it, and translate it.
Registration of designs
In India, design registration is a sort of intellectual property protection that allows for the protection of a freshly produced design applied to a product made via an industrial process. By registering a design in India, the inventor of the design has exclusive rights for ten years, which may be extended for five years.
The Design Act of 2000 allows for the registration of any form, arrangement, pattern, or decoration, as well as a composition of lines and colours, as a design in India.
Registration of Patent
A patent may be sought in India for an innovation. By getting a patent, the government grants a person or business the right to prevent others from using, selling, or importing the patented product or method without the patent owner’s permission or cooperation.
A careful examination must be conducted to determine if the product is new, original, or has an industrial use. A person may do a comprehensive search on the website of India’s intellectual property authority to see if a product or innovation is identical.
List of E-Services On IP India Official Website
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The IP India portal’s main page provides a thorough overview of India’s services and facilities available for intellectual property rights. There are many parts on the homepage, as listed below:
4 tabs dedicated to IP rights
- The user may further explore each IP right by clicking on the tabs, which will open a new window.
- Alternatively, they may click on the dropdown arrow beside them to read the act, regulations, frequently asked questions, and administration, or get contact information, forms, and information regarding service concerns.
E-Gateways, Publication, Resources, About us
- The four tiles that can be seen above mainly serve as a resource for users and visitors to the website through information and fast service connections.
- Publication and Resources tiles enable access to reports on IP rights research and development, and journals and e-learning. Apart from information, users may easily access critical services like public search, electronic filing, and compliance utilities for patents, trademarks, designs, and GI by clicking on E-Gateways.
- Additionally, the webpage of IP India has external connections to Copyrights, the Semiconductor Integrated Circuits Layout-Design Registry (SICLDR), and the Indian Patent Office (ISA/IPEA).
News & updates and events
In these sections, you’ll learn about the most recent happenings at the Office of the Controller General of Patents, Designs & Trade Marks and the World Intellectual Property Organization (WIPO).
Miscellaneous section
Accessibility to the mobile application link, video conferencing, the central government’s public grievance site, the gallery, and the Right to Information are all available via separate tiles (RTI).
Patent Management Services
A user can access patent services by clicking on the ‘Patents’ tab on the IP India site homepage’s navigation bar.
As an initial stage, the IPIndia site allows for filing of provisional patents. As noted below, the site offers the following patent services:
- eFiling services for patents
- Public Search and application status
- Dynamic Utilities for patents
- The ‘Service Matters‘ option is primarily concerned with recruiting and hiring different grades of patent and design examiners.
- The ‘Cause List‘ option enables visitors to see a list of patent applications and contested cases that have been heard so far, and their status.
Comprehensive eFiling Services for Patents
On clicking the ‘Comprehensive e-filing services for Patents’ link on the Patents page, the user will be redirected to a new window. The users must log in to file patent applications. On logging in, they get exclusive services such as tracking payments, filing history, the validity of patent registration, hearings, etc.
Patent search for 18th month publications
It enables the monitoring of the patents based on ’18th-month’ publications or issued patents, and the status of patent applications. Users need not log in to use these services. Numerous information must be input to do a patent search.
Designs services
The IP India portal serves as a centralised hub for many design-related services. The following services are accessible for design, which are discussed in further detail in the subsequent sections:
- Design Submission (Requires a login registration)
- Public Design Search (Does not require the user to login)
- Check the status of the Design Application (No login is required, but an application number is necessary)
A user can access design services by selecting the ‘Designs’ option on the IP India homepage’s navigation bar. When you click the ‘Design tab,’ the following screen will show. The user may access the links on the right-hand side of the screen, including E-Gateways, Publications, and Resources.
Geographical indications (GI) services
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A Geographical Indication is a symbol used to identify a product’s source location. Natural, manufactured, or handcrafted are all categories under which the product can be categorised.
Generally speaking, their users identify these items as being from a certain place. Darjeeling tea, for example, is GI. An individual, a company, a government agency, or any other entity can use GI. However, the applicant must represent the interests of all the members to be eligible for consideration.
The applicant can submit a thorough application, and the appropriate fee, to the Registrar of Geographical Indicators. The following image is an example of Geographical Indications.
The application for GI must be submitted using either a password or digital signature and by entering the captcha code that was previously created using the registered login credentials.
Trade marks services
The IP India website is used to register and renew trademarks. Users may access the Trade Marks section of the IP India site by clicking on the ‘Trade Marks’ link in the navigation bar. Numerous fast links are provided on the menu bar that provides information on the trademark act, its rules, service issues, and authorities. The IP India site offers the following trademark-related services accessible to users:
Trademark filings online
The applicant can access the trademark filing window by clicking on the Trademark page’s ‘Comprehensive eFiling services for TradeMarks’ link. To log in, users must provide their username and password. Alternatively, they can sign in using their digital signatures. New trademark applications can be submitted by clicking on ‘New Form Filing’. This site offers many useful features, including the ability to see past files and downloads and payment history.
Trademark public Search
Users can narrow down their Trademark public search results using Wordmarks, Vienna code, or Phonetic.
Trade mark status
Users can follow the status of each of the five elements indicated above by selecting the ‘Trade Mark Status’ tab.
World intellectual property organisation
Get access to the latest news worldwide coupled with legal information on intellectual property (IP), including IP laws and regulations. You can also explore WIPO Lex, a free service provided by the World Intellectual Property Organisation (WIPO).
Contact Information
Address: Intellectual Property India, Boudhik Sampada Bhavan, Antop Hill, S.M. Road, Mumbai-400037
Contact Number: + 022-24132735, + 022-24123322
Email Id: cgoffice.mh@nic.in
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