ISSUE (Volume)

18 (2)
MONTH

November
YEAR

A monthly Newsletter on issues relating to Intellectual Property Rights

Origiin Newsletter

2 01 2

In this issue
Copying photographs from internet P.1 IP News P.2 Interesting patent of the month ..P.3

Copying photographs from Internet

Bindu Sharma (bindu@origiin.com)

Downloading
Websites
www.origiin.com www.origiinipa.com

pictures

for

creating

website, presentation, article etc from internet is a common practice and excuses often given by violators include, that the photographs were taken because they appeared in a public platform on the internet or there was no copyright notice on the picture. The fact is that no content, written or photographed is available for free unless specified. Even if a photograph on a site is not watermarked, it is still under copyright protection. This means that trademark logos, and images of any company or individual cannot be taken for free. In India, the Copyright Act, 1957(Act No. 14 of 1957) governs the laws & applicable rules related to the subject of copyrights. Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and films alia, producers and of A French photographer, Christophe cinematograph including, reproduction, work. All rights reserved (C) Origiin IP Solutions 2012 inter sound of the Viseux had recently served a legal notice to the Delhi Commission for Women (DCW), for allegedly using an image clicked by him without his consent on billboards advertising its rape victims Photograph is an artistic work under copyright and gets protection for sixty years from the beginning of the calendar year next following the year in which the work is first published. Copyright which subsists in a photograph protects not merely the photographer from direct copying of his work, but also from indirect copying to reproduce his work, where a substantial part of his work has been copied.

Blog
http://origiinipae.blogspot.com http://inventorshub.blogspot.com

Editors

Anita Kalia Athira A

Contact us

#51, MCHS, 15th Main, Sector 4, HSR layout Bangalore [INDIA] Phone: +9198456 93459 +9198802 13204 Email: info@origiin.com

recordings. In fact, it is a bundle of rights rights to communication

public, adaptation and translation of the

cell. He demanded Rs 50 lakh as damages. He was driving through Delhi when he noticed several posters bearing his copyrighted photograph of a partially veiled woman that he clicked during a trip to Jaisalmer and uploaded on his blog.

Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work. Hence, think before you download photographs from internet as you may be infringing copyright. Safest options are either seek permission from copyright owner in writing, preferably in the form of a license agreement to use photograph or refrain from using the same. Photograph Courtesy: Udit Sharma

Even if a photograph on a site is not watermarked, it is still under copyright protection. This means that trademark logos, and images of any company or individual cannot be taken for free.
In another case of Khana Khazana, a popular show aired on Zee Network, it was found that they are regularly stealing photographs from food bloggers and websites for their features. When some of the copyright owners, whose photographs were stolen and featured, complained and asked Zee Khana Khazana to remove the photographs that belonged to their blogs, ZKK apologized saying this was not stealth and that they were using these images to project a visual appeal of their recipes to their fans. Many of copyright owners voiced themselves on the facebook page of ZKK, and reported the page to facebook also. Some of them were cautious enough to take screen shots of the posts as evidence. Sensing the agitation, ZKK, and in some cases facebook, removed the posts containing the stolen photographs. ZKK then made a feeble apology and removed all such photographs. Apart from downloading and using photographs, making painting out of photographs is another form of infringement. A painting made from a photograph is known as a derivative work. But that doesn't mean one can simply make a painting from any photograph without permission of the owner.

DID YOU KNOW?

The history of patents and patent laws started in Italy with a Venetian Statute of 1474 which was issued by the Republic of Venice. They issued a decree by which new and inventive devices, once they had been put into practice, had to be communicated to the Republic in order to obtain legal protection against potential infringers. The period of protection was 10 years. Patents, however, existed before the Statute of 1474. In England grants in the form of letters patent were issued by the sovereign to inventors who petitioned and were approved: a grant of 1331 to John Kempe and his Company is the earliest authenticated instance of a royal grant made with the avowed purpose of instructing the English in a new industry. The first legislation in India relating to patents was the Act VI of 1856. There were several amendments to it but Indian Patents and Designs Act, 1911 (Act II of 1911) replaced all the previous Acts. Patents Act, 1970 was passed based on Justice N. Rajagopala Ayyangar Committee recommendations. This Act repealed and replaced the 1911 Act so far as the patents law was concerned. However, the 1911 Act continued to be applicable to designs. Most of the provisions of the 1970 Act were brought into force on 20th April 1972 with publication of the Patent Rules, 1972. Amendments (in 1999, 2002, 2005 and 2006) were necessitated by India's obligations under TRIPS, allowing product patents in drugs and chemicals.

All rights reserved (C) Origiin IP Solutions 2012

PATENT NEWS
Patent related to traditional knowledge revoked in India
Government of India revoked the patent granted to a leading biotechnology company, Avesthagen on the grounds of being mischievous and prejudicial to the public. This patent was granted in April 2012 for synergistic ayurvedic/ functional food bioactive composition. The patent was for the composition consisting of jamun, lavangpatti and chundun and this composition was to be used for treatment of diabetes. The patent was revoked with respect to Section-66 of Patents Act, 1970 which says:

Cipla wins patent opposition against Pfizer's cancer drug

Indian patent office has revoked US-based Pfizer's patent for cancer drug Sutent in India. The patent office has rejected Pfizer's claim for the patent over Sutent, for the reason that patent does not involve any inventive step and hence not patentable. The post-grant opposition for the same was filed by Mumbai-based Cipla and Natco Pharma. Against the decision, Pfizer India is likely appeal before Intellectual Property Appellate Board (IPAB). Pfizer, which was granted a patent for its kidney cancer drug Sutent (sunitinib), launched the drug at a price of Rs 1.96 lakh for a 45-day treatment, though Pfizer offers it with discounts to some under its patient access programme. Cipla has priced its copy of the drug, branded Sunitib, lower by almost one-tenth. Sutent, which is used to treat liver and kidney cancer, was granted a patent in India in 2007. Two years later, Natco applied for a compulsory licence for manufacturing and exporting a generic version of the drug, but had to withdraw the submission.

Revocation of patent in public interest, where the Central Government is of opinion that a patent or the mode in which it is exercised is mischievous to the State or generally prejudicial to the public, it may, after giving the patentee an opportunity to be heard, make a declaration to that effect in the Official Gazette and thereupon the patent shall be deemed to be revoked.
The government has revoked the patent using a rarest of rare provision in the Patents Act saying it was an integral part of traditional medicine. It has said that the patent was mischievous to the state and generally prejudicial to the public as the treatment was an integral part of ayurveda, unani and siddha system of medicine. The present patent controversy is proving to be a major embarrassment, given that India has for long fought for protecting traditional knowledge and genetic resources and sought to check piracy of ayurvedic and other traditional forms of medicine. What is even more curious is how the Indian Patents Office gave the protection after the government had successfully got European authorities to turn down the application two years ago.

NEWS FROM INDIAN PATENT OFFICE

Walk-in-interview regarding Contract Examiner
http://www.ipindia.nic.in/iponew/walk_in_Interview_31Octob er2012.pdf Applications are invited for 6 posts of Examiner of Trade Marks to be filled up on Contract basis in Trade Marks Registry on a consolidated pay of Rs. 25,000/- per month. Walk-in-interview scheduled to be held on 30, November, 2012 from 10.00 a.m. to 5.00 p.m. in the office of Controller-General of Patents Designs & Trade Marks, Boudhik Sampada Bhavan S.M. Road, Antop Hill, Mumbai 400 037. Candidates must be below the age of 30 years (35 years in case of SC/ST and 33 years in case of OBC and should possess a degree in Law from a recognized University with at least 3 years legal experience as on the date of interview.

All rights reserved (C) Origiin IP Solutions 2012

INTERESTING PATENT OF THE MONTH

Title of the invention: Hurricane Bed
US Patent Issued In 1985 Hurricanes and tornadoes, two of Mother Nature's most powerful forces. They can rip your home to shreds, and you need a safe place to hide. So our wind resistant inventor devised his own little sardine can, the Hurricane Bed! This giant safety drawer features sturdy steal beams that are bolted to the floor. When you get wind of high winds, don your best smoking jacket and climb on in. There's a heavy duty latch for a total drawer lockdown, although safety belts are not included. This idea could work wonderfully well if we weren't completely claustrophobic. And don't forget your blankey!

Origiin IP Academy announces One month Class-room Certificate courses on patent searches:
A. PATENTIBILITY OR NOVELTY SEARCH B. FREEDOM TO OPERATE SEARCH C. VALIDATION/INVALIDATION SEARCH D. PATENT SPECIFICATION DRAFTING

UNIQUE FEATURES
Class room Sessions by experts Hands on to understand practical aspects Study material and Dictionary on Indian Patent law Project work

WHO SHOULD JOIN

The courses are useful to any person keen to pursue career in IPR, fresh students as well as working IP Professionals who want to enhance skills and experience in performing various kinds of patent searches.

DATE OF COMMENCEMENT
Batch 1: 7th December 2012 to 2nd January 2013 Batch 2: 9th January 2013 to 4th February 2013

NUMBER OF SEATS
Limited seats of 6-8 for each course

HOW TO REGISTER?
Mail us at info@origiin.com or origiin.training@gmail.com to book your seat and get registration form.

All rights reserved (C) Origiin IP Solutions 2012