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IP REFERENCE KIT FOR START-UPS Distribution Partner

IP REFERENCE KIT FOR Reference Kit for Start-ups.pdf · • IP is a type of intangible property and includes inventions, symbols, brand names, literary and artistic works, paintings,

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IP REFERENCE KIT FOR START-UPS

Distribution Partner

About Sagacious IP

We serve many of world’s largest companies, law firms, institutions and other IP community members - working with clients to monetize IP, defend IP litigation, lead innovation in their industry and achieve most out of their IP budgets.

We work with World’s largest companies - helping them lead the innovation in their industries - and with smaller ones to run a successful, corporate-grade IP division within their budgets. We support IP law firms with critical technology research, paralegal services and tools to provide their clients with a globally optimized solution. We help patent owners manage, maintain and monetize their IP. We partner with government and non-government institutions in promoting and commercializing innovation. While serving global IP community for over a decade, we have developed knowledge, best practices, tools and analytical framework on a variety of topics pertaining to the IP space, through our growing team of experts located in 7 offices across the globe.

IP Reference Kit for Start-ups 1

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IP Reference Kit for Start-ups 2

START-UPS & IPSuccessful start-up means a great idea or initiative executed in a relatively shorter period of time as compared to traditional business set-ups.

Most of the start-ups need funding for scaling-up of the prototype models. Before making a decision, Investors look at aspects such as the viability of business case, scalability scope, the initial investment required, returns on investments over a period of time etc. These days another important aspect that investors are looking at is the start-up’s IP protection and its overall IP strategy. Although the mindset of the Indian start-ups is changing rapidly, many start-ups are still ignorant about this crucial component. A proper IP strategy includes planning around factors such as, what aspects should be protected, when to be protected, in which countries to file and in case of a potential infringement what approach they should adopt. Purpose of this small book is to provide some essential information to start-up founders, entrepreneurs and investors which enable them in taking right and well-informed decisions while either making the IP strategy or investing money in a start-up.

Some Basics• The word ‘intellect’ refers to the creations of the mind• IP is a type of intangible property and includes inventions, symbols, brand names, literary and artistic works,

paintings, sound recordings & Geographical indications (GIs) etc • Intellectual Property Rights (IPRs) are the monopoly rights granted to the inventor, creator of IP by the

Government to incentivise their time, efforts & money• IPRs are territorial (nationally) in nature. For protection of IP in any particular country, one has to seek

protection under the relevant laws of that country.

Basic Advantages of IP ProtectionIt’s incredibly important for a company to manage its IP wisely from a competitive advantage standpoint. Start-ups strive to stand out in a market so, in order to stay ahead, protecting and managing their IP is crucial. We’ve seen some exciting technologies that are frankly not something many have seen before or could even fathom. Managing IP diligently may take effort and investment, but it can be well worth it. Below are some of the advantages of being an IP conscious and aware Start-ups:

1. Help the founders and innovators safeguard their research and development efforts.2. The threat of unfair competition and others copying is minimized with enforcement measures.3. Protected ideas lead to high investor confidence - Identify investors and convince them to invest in innovation.4. The company’s ability to attract innovative employees, vendors and collaborators increases if their IP is

protected, this creates a secure environment for all – an environment where no one is scared of losing their efforts to competitors.

5. Develop an attitude conducive to defend IPR and innovate with freedom.6. Ensure their freedom to operate locally and open channels for global expansion; 7. Generate revenue through Licensing. The IP behind the product/technology can be sold later, if the owner

(assignees) of patents decide to focus their attention elsewhere or even desire for some financial consideration.8. Increase the market value of products and technologies – more strengthen marketing strategy.9. Strategically align with potential market leaders and leverage advantages of IP of partnering company through

cross-licensing.10. Develop partnerships for research and development activities without fear.

IP Reference Kit for Start-ups 3

Types of IPRs & their definitions• Patents• Trademarks• Designs• Copyrights

• Geographical Indications• Semiconductor Integrated Circuit Layout Designs• Plant Varieties • Trade Secrets

On the other hand non-registration of IP could have potential harms like overnight disruptions by competitors, difficulty in obtaining legal relief in case of infringements, less investor confidence, having nothing in hand to counter if sued for IP infrignements by competitors, lost licensing opportunities, etc.

Patents, Trademarks, Designs, Copyrights and Trade-secrets are the key IPRs relevant for most of the start-ups.

Type of IP Right Definition

A statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.

Patent

A visual symbol which may be a word, name, device, label, or combination of colours used by one person on his goods or services to distinguish it from other similar goods or services of a different person.

Trademark

A bundle of rights which protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, user interface and architecture.

Copyright

The features of shape, configuration, pattern or ornament or composition of lines or colour or the combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means.

Design

Any information which has commercial value and gives the business a competitive advantage.There is no specific legislation in India to protect trade secrets and confidential information. However, Indian courts have upheld trade secret protection on the basis of principles of equity, and at times, upon a common law action of breach of confidence, which in effect amounts a breach of contractual obligation.

Trade Secret

IP Reference Kit for Start-ups 4

Basic Criteria for Protection of each type of IPR (Requirement for Registration)

IP Offices in India

The criteria for protection of each type of IP is different and which is as below:

Type of IPR Criteria for Protection

Patent 1. Inventive Step2. Novelty3. Industrial Applicability

Trademark Uniqueness/Distinctiveness (inherent or acquired)Copyright OriginalityIndustrial Design Novelty

Kolkata (Head Office), Delhi, Chennai, MumbaiPatent Office:

KolkataDesigns Wing:

Mumbai (Head Office), Delhi, Kolkata, Chennai, AhmedabadTrade Marks Registry:

ChennaiGeographical Indications Registry:

Plant Varieties: Delhi

DelhiCopyrights Office:

An Indian Patent filer has to choose an office according to their place of business/ residence. Below table provides details of state of residence/business and office they have to file at (if there are more than one inventor/ filer and they are from different states – they may choose between offices applicable for any of the inventors/ filers).

IP Reference Kit for Start-ups 5

Territorial Jurisdiction of Appropriate Office for the Applicants

Office Territorial Jurisdiction

Patent Office Branch, Mumbai

The States of Maharashtra, Gujarat, MadhyaPradesh, Goa and Chhattisgarh and the Union Territories of Daman and Diu & Dadra and Nagar Haveli

Patent Office Branch, Chennai

The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territories of Pondicherry and Lakshadweep, Telangana

Patent Office Branch, New Delhi

The States of Haryana, Himachal Pradesh,Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Utarakhand, Delhi and the Union Territory of Chandigarh.

Patent Office, Kolkata The rest of India.

Choosing the Right Type of IP for your Business - IP Checklist:Each type of IP right protects a different aspect of your business and have different applicable fee and filing requirements. Time period for which you get protection is also different for each type of IP. Let’s look at different aspects that you should consider when planning your IP strategy.

IP Reference Kit for Start-ups 6

Summary Table on choosing the right protection

Type of Work Type of IP to Protect the Work

Timeline for Regis-tration* Time Period of Protection

Name of the Business Trademark (as a wordmark)

3-4 months after filing the application for registration

10 years (with perpetual renewals possible every 10 years)

Logo of the Business

Trademark (as a device mark)

Copyright (as artistic work)

4-6 months

3-4 months

10 Years with perpetual renewals possible every 10 years)

Lifetime of the author plus 60 years from the beginning of the calendar year following the year in which author dies

Computer Software (with source code and object code, for example, the underlying software for an app)

Copyright (as computer software)

Patent (any hardware implementations of new/ improved algorithms)

3-4 months

1-2 years (with expedited examination for start-ups)

Lifetime of the author plus 60 years from the beginning of calendar year following the year in which author dies

20 Years (no renewals after the expiry of 20 years) with payment of maintenance fee regularly

User Interface/Layout of a mobile app

Copyright (as artistic work)

Design Registration [may not be applicable in India but possible in USA, etc]

3-4 months 6-12 Months

Lifetime of the author plus 60 years from the beginning of calendar year following the year in which author dies

10 years (with renewal for another 5 years)

• New Process• New Product• New Machine• New Composition• New Article of Manufacturing (product obtained from a specific machine/ process) • Any improvement of the above

Patent (Note: some patents specially related to software , business methods, method of treatment, etc are better protected in countries outside India – please refer to Global patent Strategy section below)

1-2 years (with expedited examination for start-ups)

20 Years (no renewals after the expiry of 20 years) with payment of maintenance fee regularly

Design for an article (aesthetic features) Industrial Design 6-12 months 10 years (with renewal for another

5 years)

Secret/Confidential Information with commercial value

Contract/Common Law N/A

Indefinite (unless information comes out in public domain by fault of the owner of the information/secret)

* Tentative time-lines, assuming that no objections are raised in the applications by IP Office

IP Reference Kit for Start-ups 7

Some Examples of IP Rights Types

A Portable Music Player

Brand Protection (Name, Logo, Slogan) through Trademark and/or Copyright

GUI protected by Copyright/ Design Rights Hardware Implementations of backend algorithms protected through patentsIf it works with some innovative hardware like sensors, etc – they can also be protected through patents

Source Code protected by the copyright

Securing Ownership employee agreements including confidentiality and non-dis-closer clauses.

Industrial design Protection for 3D shape

Music played on the Music player is protected by copyright

Brand Name registered under trade mark

Various technical part & mechanisms are subjects mater of protection under patents

IP Reference Kit for Start-ups 8

A Mobile Application

Hood ornament: D, C

Logo, model’s name: TM

Engine, transmission and internal components P, D

Body Shape: D, C

Manufacturing process: P

Uniquely styled seats: D, C

Seat functionality: P

Infotainment System GUI: D, CSource Code: CSoftware/Algorithm: C, P (Hardware Implementation)

P - Patent | C – Copyright | D - Design | TM - Trademark

IP Reference Kit for Start-ups 9

IPRS Covered by a Car

Patent Registration Process Flow-Chart

If Not

Filing of Patent Application

With Provisional Specification

Filing Complete specification within 12 months after provisional

Yes

With Complete Specification

Publication u/s 11A (early publication or post 18- months)

Pre-grant opposition U/s 25 (1) can be filed

Application deemed to be ABANDONED

FER Issued

Request for EXAMINATION on Form-18/REQUEST FOR EXPEDITED EXAMINATION on Form 18A (within 48

months from date of priority)

EXPEDITED EXAMINATION for Start-ups/Applicant has indicated India as ISA/IPEA in the corresponding International Application (for patentability &

other requirements under the Act)

Examination {for patentability & other

requirements under the Act

Application deemed to be ABANDONED

Objections not met within 6/9 months

Objections met within 6/9 months

Grant of Patent u/s 43 and publication of

grant

• Application is to be put in order by the applicant within 6 months (extended by 3 months) from Issuance of FER

• Re-Examination of Amended documents

• Controller offers a hearing to the applicant, if objections are outstanding

Process of RegistrationEvery IP has its own procedure of registration. Let’s look at the process flowcharts below.

IP Reference Kit for Start-ups 10

Trademark Registration Process Flow-Chart

Important Pointers on - Patent Protection:⇒ Do not publish/present/display your invention before filing a patent application for your invention⇒ Always maintain records/log-books of your invention⇒ Conduct a patentability search before filing the patent application to evaluate the scope of the grant of the patent

Receipt of applications, data energy & digitization

(at Branch Offices) Objection not waived after Response Show cause

hearing (at branch offices)

Examination of applications, approval by supervisors,

release of Ers (centrally at TMR Mumbai)

No opposition/opposition decided in favour of the applicant – Application

proceeds to registration

In case of opposition, opposition proceeding (all

branch offices)

Objection not waived Application

refused

Opposition allowed application refused

Appeal may be made before IPAB

In case of objections response by applicant consideration of response (at Branch offices)

In case there are no objections/objections waived publication in the Trade marks journal

IP Reference Kit for Start-ups 11

Important Pointers on - Trademark Protection:⇒ Trademark must be Unique, Distinctive⇒ Avoid Adjectives; Names of persons or places; Obscenity; Religious or government words or symbols Common Shapes.⇒ Use the following relevant Symbols on your product’s promotional materials etc

• ™ for pending/applied marks• ® for registered marks• SM for service marks

Copyright Registration Flow-Chart

Filing of Application along with fee (DD/IPO)

Scrutinization by Examiner

application accepted (objections rejected)

Discrepancy letter issued to applicant

Hearing by Registrar due to rejection

Sending letter to both parties

Issue of Diary no.

Hearing by registrar

Registration Approved Application Rejected

End of flow

Application Rejected

Sending Extracts from Register to the Applicant

Sending Rejection letter to the applicant

Reply from applicant

30 Days mandatory waiting for objections

Objections filedNO Objections

Discrepancy Found

No Discrepancy Found

Application rejected

Yes No

Objections Filed (Y/N)?

Discrepancy (Y/N)?

Registration approved (Y/N)? (Dy. Registrar)

Application accepted (Y/N)?

Reply from both parties

IP Reference Kit for Start-ups 12

Important Pointers on - Copyright Registration⇒ Copyright registration is optional and is not mandatory since copyright comes into existence as soon as the intellectual work is created but it is recommended to register a copyright for better and quicker enforceability since registered copyrights have more evidentiary value in court.⇒ Works covered under Copyrights

• Literary including Software – Books, Essay, Compilations, Computer Programs• Artistic – Drawing, Painting, Logo, Map, Chart, Plan, Photographs, Work of Architecture• Dramatic – Screenplay, Drama• Musical – Musical Notations• Sound Recording – Compact Disc

⇒ Cinematograph Films – Visual Recording which includes sound recording.

Design Registration Proces Flow-Chart

Filing of Application

Issue of Certificate of Registration

Numbering & Formal Checking

Abandoned

Objection Communication

Compliance of Objection

Acceptance Appeal to High Court

Publication in Official Journal

Objection Comply

Refusal

Noncompliance of Objection

Examination of Application

Hearing of Objection contested

Appeal allowed

Within 6 month of filing

Within 3 month of Refusal

IP Reference Kit for Start-ups 13

Important Pointers on - Design Protection⇒ Prior to the filing date, don’t disclose the design to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way⇒ It should not comprise or contain scandalous or obscene matter⇒ It should not be contrary to public order or morality.

Protection of Trade Secrets and confidential information⇒ Relates to business-related information not known to the public in general

• The information is not generally known among or readily accessible to a person that normally deals with the kind of information in question.

• Associated with a formula, pattern, compilation, program, device, method, technique, or process that derives independent economic value and is reasonable under the circumstances to maintain secrecy.

• The information has actual or potential commercial value because it is a secret• The person lawfully in control over the information has taken some reasonable and appropriate steps to

keep it secret and confidential.

⇒ Trade Secrets may include Software Algorithms, R&D Information, Inventions, Formulas, Designs, Financial Records, Ingredients, Lists of Customers, Devices, Methods, Contact Details of Customers and Strategies or Policies of an organisation.

Trade Secrets protection in India

There is no specific legislation in India to protect trade secrets and confidential information. These are protected through common law approach, inclusive of invoking provisions of contract law orthe equitable doctrine of breach of confidentiality.

Applicable Government/official Filing Fee for start-upsType of IP Government Fee Renewal Fee

Patent

1,750 (1,600 for e-filing)Also varies with the number of pages in complete specification and whether the start-up is filing alone or with another entity

Payable every year till the 20th year. Varies with the year.

Trademark 5000 (4,500 for e-filing) 10,000 (9,000 for e-filing)

Copyright 500-5000 (depending upon the category) N/A

Industrial Design 1000 2000

IP Reference Kit for Start-ups 14

Government Schemes for Start-upsApart from setting up incubators, IP facilitation centres (IPFCs), Technology and Innovation Support Centres (TISCs) in various universities and institutions, the government has launched many other schemes for start-ups to help them in protecting their IPRs.

A. Start-ups Intellectual Property Protection (SIPP)

The government recognizes that IP is a strategic business tool for start-ups and to promote adoption of IP among start-ups, has started the SIPP scheme.

⇒ Patents/Designs and Trademark Facilitators

The SIPP scheme has appointed a number of patent, design, and trademark facilitators who will assist the Start-up with filing and will not charge any professional fee. The start-up needs to pay the government fee only.

B. Expedited Patent Examination

Entities qualifying as start-ups can also apply for expedited patent filing procedure for faster disposal of their patent applications.

C. Discounted Filing Fee

Start-ups and MSMEs are also eligible for a discounted filing fee in respect of patent and trademark examinations. For example, as opposed to regular fee of INR 10000 for trademarks, start-ups get a rebate of 50 percent and only have to pay INR 5000 (10 percent further discount for e-filing). For expedited examination also, start-ups get a rebate on the fee for making a request for expedited examination.

D. Support for international patent protection in electronics & information technology (SIP-EIT)

SIP-EIT is a scheme run by Ministry of Electronics & Information Technology (MeitY) to provide financial support to MSMEs and Technology Start-ups for international patent filing to encourage innovation and recognize the value and capabilities of global IP along with capturing growth opportunities in ICTE sector. The scheme provides reimbursement to a total of Rs 15.0 Lakhs per invention or 50% of the total expenses incurred in filing and processing of patent application up to grant whichever is lesser.

E. Trademark Search for Start-ups

The IP office has launched a search facility where you can view all trademark applications by start-ups and also the applications which have been registered.

F. Schemes by M/o MSMEs

The MSME IPR scheme, apart from providing support for IPR awareness activities, also provides the following support schemes.

⇒ Funding in the form of Grant on Patent/GI Registration (Applicants – MSME units and MSME organisations). ⇒ For registered Indian MSMEs, one-time financial support limited up to Rs.25,000 on grant of domes tic patent and Rs. 2 lakhs for foreign patent; for registering under Geographical Indications of Goods Act, one-time financial support is up to Rs. 1 lakh.

IP Reference Kit for Start-ups 15

Stepwise guidelines to derive an IP Strategy Step 1: Proper Fund Allocation and Developing an IP aware culture

Funding is always a problem when dealing with start-up companies. Start-up companies typically have to balance “cash available” with expenditures related to intellectual property (IP). Spending and allocating funds available for both research and development and IP is likewise a problem. Assuming that the start-up company is an innovation-based company, that is, the assets of the company lie in its intellectual property, such a start-up company needs to develop the appropriate culture within its organization which focuses on IP and then develop an IP strategy which takes into account cash available for both R&D and IP.

Developing this type of culture will require awareness. The IP strategy must include funds allocated for – Proper prior art searching so that the start-up company knows the existing landscape and can develop areas of technology where innovation and invention can take place.

It is always easy for start-up companies to neglect prior art searching in order to save money. This is typically a mistake since understanding the prior art associated with a company’s area of invention is critical both from the standpoint of having freedom to operate in their innovation area and being able to carve out protectable inventions through patent filings.

Step 2: Local Protection

a. Patent Protection – National Strategy

The ‘first-to-file’ patent system has emphasized on patent filings early in the development stage of new technology. Because time is of the essence under our new system, we should adopt the strategy of filing more provisional patent applications throughout the entire development stage from the conception of an invention to its completion. This is more pertinent in innovation based companies.

The “first-to-file” patent system promotes and encourages early patent filings, there are risks with racing to file patent applications. These patent filings must be strategically considered based upon the funds available and should cover the company’s core technology. Weak patent applications will also be very difficult to sell to potential investors as the patent portfolio is always of concern to investors.

It is very important to understand “how much IP is too much” and we must set-up procedures to monitor the development of the new technology so as to filter and file essential patents only.

It should also be noted that, although filing early is a good strategy, the detail and completeness of these applications must be maintained in order to provide adequate protection and reliance on priority dates. If the first application (provisional) does not include an adequate description of the invention, it may not support the claims of a final application (non-provisional).

As a result, our advice to start-up companies that are truly an innovation-based company would be as follows: formulate an IP strategy early on in the formation and development of the company; conduct proper prior art searches in the area of expertise of the company; file patent applications early on in the development stage but make sure that the applications that are filed are properly drafted so as to cover the core technology of the company.

b. Non-Patent Protection: Applying all relevant Copyright and Trademarks

Step 3: Global Strategy

Start-ups should also consider how they want to make entry in the global marketplace and filing IP protection at the beginning is more important is utmost.

IP Reference Kit for Start-ups 16

⇒ Indian Start-up to Global Market

Globalization and the ability to more easily reach markets and customers internationally has made IP protection in foreign countries a more important consideration, even for less-established start-ups. For start-ups looking to make foreign patent protection part of their IP strategy, filing a patent application (such as a U.S. patent application or a PCT application) timely is a necessary and crucial step, and failing to do so can have seriously adverse consequences as they may open up unwanted competition in those markets.

⇒ Minimizing threats of IP law suits by MNCs to Indian Start-ups

In globalization age, there is significant encroachment of MNCs with their strong IP portfolios and it is significant to understand IPR roadblocks beforehand and strategize product development lifecycle accordingly.

Step 4: Securing Pocket holes

Any IP strategy should also include employee agreements that include a confidentiality and assignment agreement whereby employee’s agree in advance

1. that certain aspects of the company business are confidential, and the employee will not disclose such confidential information,

2. that the employee will promptly and fully disclose all inventions, ideas, concepts, improvements and so forth that we developed or contributed to by the employee during the term of employment, and most importantly,

3. that anything developed or contributed by the employee belongs entirely and exclusively to the company. This is critical to the longevity of the company. Non-solicitation and non-competent clauses may also be part of the agreement.

Also, just as important is developing Non-Disclosure/Confidentiality agreements with all third parties so that inventions and other IP are not inadvertently disclosed on a non-confidential basis.

As getting patents is a long road - a strategy often used by many global startups is to acquire (buy) patents in global markets that are infringed by MNCs/ your competitors and if they threaten to sue you – these acquired patents can be used as a negotiation tool.

Lastly, some quick protections in the form of Utility Models/ Innovation Patents are also available in some countries like Australia, Germany, etc. These are cost effective and registration is rather immediate. If you want to show some registered IP already in your portfolios – such protection could be a good idea (in combination with regular patents, etc)

Similarly for UI – a US design application may be a good option in comparison to just the copyright protection in India (considering design protection for UI in India is a grey area).

In some cases (specially for software based companies), you may also want to directly file a provisional application in US for your algorithm’s harware implementations rather than in India by simply taking a foreign filing license. Having a US patent pending adds much value to your startup.

In case a startups files a valuable IP in other countries but is unable to launch a business in that other country – IP can be licensed to some other players who can build a business around it and can pay the startup royalties on that business.

IP Reference Kit for Start-ups 17

IP Due Diligence pointers for InvestorsIP due diligence is an important factor to be considered when investors look for investing in any start-up. It is important that investors take into considerations following aspects when conducting the IP due diligence:

• Legal status of IPR protection: If IPRs already protected, in the process of protection or to be protected• Enforceability & validity: Whether patent applications filed are worth a grant or these are frivolous

applications• FTO report: If the start-up has Freedom to Operate (FTO) on the basis of patent searches done in that

technology domain• Ownership: True ownership status of the IPRs• IP on which business model relies the most• How many other start-ups/organisations have the similar IPRs (Granted or applied)

Tips to avoid as well as defend Risk of Getting Sued for IP Infringements• Conduct a Freedom-To-Operate (FTO) analysis before your product launch• Keep on building your patent portfolio through own R&D • Build your portfolio through a targeted patent/technology acquisition strategy(acquire patents infringed by

your competitors (or other threatening companies) in any country so they can be used in negotiations if need be)

• Keep a close watch on the IPRs filed by your competitors • Putting suitable clauses in contracts, agreements with suppliers, vendors and employees etc to ensure

non-infringement of the IPRs of third parties

Remedies and Penalties in case of Infringements of IPRsIPRs are said to be infringed when a work protected by IP laws is used, copied, distributed or otherwise exploited without having the permission from the owners.In case of an IPR infringement, the owner has civil as well as criminal remedies available for protecting and enforcing his rights:

IP Reference Kit for Start-ups 18

Civil remedies available:

Interlocutory/Permanent Injunction:

• An Award of Costs & Damages• Delivery Up & Destruction

Additional remedies in case of Copyright infringement:

• Mareva Injunction• Anton Pillar Order

Acts under which Civil remedies are available:

• Patents Act, 1970• Trade Marks Act, 1999• Copyrights Act,1957• Designs Act, 2000• Indian Contract Act, 1872• Code of Civil Procedure, 1908

Criminal remedies available:

• Imprisonment• Fine, or both

Acts under which Criminal remedies available:

• Trade Marks Act, 1999• Copyrights Act,1957• Biological Diversity Act,2002• Code of Criminal Procedure (CrPC), 1973

Of course, your patent attorney will help you with all the nitty-gritty of the IPRs generation, protection, enforcement and acquisitions etc. But it’s always better to know the basics so that you can make better, well-informed decisions and can formulate an overall IP strategy for your business which is in synchronisation of your business strategy.

Disclaimer: The information given in this booklet is for the purpose of general awareness only which should not be considered as a legal opinion and cannot be quoted in any legal proceedings. Opinions on IPRs are subjective, techno-legal in nature. The users are advised to refer the specific provisions of the relevant Acts or rules and should discuss and take opinion from an IP practitioner/attorney.

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