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COMPARATIVE ANALYSIS

REGISTRATION DOES NOT GUARANTEE VALIDITY REVOCATION/ CANCELLATION/ RECTIFICATION, ETC. PROCEEDINGS CERTIFICATE COURSE IN PATENTS AND INTELLECTUAL PROPERTY LAWS BATCH - OCTOBER 2005 PRESENTED BY KAMALJEET KAUR REAL

INTRODUCTION
In the Corporate World, the rights of persons are evidential mostly by documentary evidence. The validity of the ownership of these rights can be verified if these rights are duly registered with the concerned authorities. Intellectual property rights are also subject matter of registration and are specifically covered under the respective Intellectual property laws and thus are not required to be registered under the Registration Act, 1908. Registration gives a title to the owner of the Intellectual property rights and makes available certain rights. The rights under Intellectual property laws are mostly negative rights because they restrain or prohibit others from exercising the said rights i.e. use of the subject matter of the intellectual property by others. But still registration does not guarantee validity. The following comparisons will make it clear how registration is subject to several limitations under the respective Intellectual property laws.

Sections providing for prohibition of registration


PATENTS Section 3 & 4 describe things which cannot be patented COPYRIGHT Section 13(3) provides details of work in which copyright does not subsist DESIGNS Section 4 of the Designs Act, 2000 provides for prohibition of certain designs

Sections providing for prohibition of registration


TRADE MARKS Section 11 provides for relative grounds for refusal of registration and section 12 provides for registration in the case of honest concurrent use, etc.

GEOGRAPHICAL INDICATIONS
Section 9 provides for prohibition of registration of certain geographical indications.

SEMICONDUCTOR CHIP LAYOUT DESIGNS


Section 7 provides for registration of certain lay-out designs

Comments
The above sections form the base not only for initial refusal or registration but also in case of some mistake or misrepresentation, the appellate Board or in some cases the Registrar can cancel the registration on the grounds that the Intellectual property was obtained in violation of the above sections.

Duration
PATENTS Section 53 provides the term of patent shall be 20 years from the date of filing of the application for patent.

COPYRIGHT
Section 23 to 29 provides that copyright shall subsist until 60 years from the beginning of the calendar year next following the year in which the copyright is established. DESIGNS

Section 11 provides that when a design is registered, the registered proprietor of the design shall, have copyright in the design during 10 years from the date of registration which can be extended for further period of

Duration
TRADE MARKS
Section 25 provides that the registration of a trade mark is for a period of 10 years, but may be renewed from time to time. GEOGRAPHICAL INDICATIONS Section 18 provides that the registration of a geographical indication is for a period of 10 years, but may be renewed from time to time. SEMICONDUCTOR CHIP LAYOUT DESIGNS Section 15 provides that the registration of a layoutdesign is only for a period of ten years counted from the date of filing an application for registration or from the date of first commercial exploitation anywhere in India or in any country whichever is earlier.

COMMENT
It is to be noted that the registration of the Intellectual Property right gives a right for a limited period only and after the expiration of the said period, the right gets extinguished. Though in case of Design, trade mark and Geographical Indications, the registration can be renewed or extended on making an application and after payment of prescribed fees. This provision limits the validity of the registration.

Certain Acts not amounting to Infringements


PATENTS Section 49 and section 107A provide that certain acts will not be considered to be infringements. COPYRIGHT Section 52 describes various acts not amounting to infringement of copyright. Also section 39A describes certain acts which will not be considered to be infringing boardcast reproduction right or performers right. DESIGNS NO SUCH PROVISION

Certain Acts not amounting to Infringements


PATENTS Section 49 and section 107A provide that certain acts will not be considered to be infringements. COPYRIGHT Section 52 describes various acts not amounting to infringement of copyright. Also section 39A describes certain acts which will not be considered to be infringing boardcast reproduction right or performers right. DESIGNS NO SUCH PROVISION

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