the most beneficent legislations of recent times an is intended to promote and protect the interest of consumers. The consumer protection act is intended to protect the legitimate interests of the consumers against traders,suppliers,etc. Aims and objectives of the consumer act 1986 The main objective of the act is to provide for better protection of the interest of consumers. Consumer councils and other authorities has been set-up for setting the consumers disputes and other matters. The objective of the act are as follows 1. Better protection of interests of consumers. 2. Protection of rights of consumers: (1) the right to be protected (2) the right to be informed (3) the right to be choose (4) the right to be heard (5) the right to consumer education (6) the right to healthy enviornment. 3.Consumer protection councils- central and state levels has been established. 4. Quasi-judicial machinery for speedy redressal of consumer disputes- for speedy and simple redressal to consumer disputes quasi judicial machinery has been set up at the district and central levels. Features of the the consumer act 1986 1.Principle of Compensation- the act is based on the principle of compensation wherein fairs compensation to the aggrieved party is provided for. For that consumer redressal forum or three- tier judicial machinery : (a) District level (b) State level ( c) National level. 2. Consumer Councils To promote voluntary consumer movement and to ensure involvement of consumers .under this Act there is a provision for the central and state govt to set up consumer protection council composing of both official and non official members. The objectives of the council are: (1) To promote the rights and interest of the consumers and (2) To educate and protect them. 3. Goods and services are covered- it shall apply to all goods and services. 4. Right of consumers: this act provides for the following rights to the consumer: (1)rights to safety ( 2) right to be heard (3) right to consumer education (4) right to seek redressal, etc. 5. Convenient procedure- the complainant presents his grievance in his own language and also furnishes the details of opposite party in simple letter without being typed. 6. Filing of complaint-the complaint can be filed by a consumer or an organisation being a society registered under the societies registration act or company under the companies act, etc. 7. Effective safeguard to consumer- the act provides affective protection to the consumer from different types of exploitations, such as defective goods, adulteration, under weight, excessive price etc. 8. Check on unfair trade practice 9. Inexpensive redressal machinery- the act is very simple and dynamic manner Who can file complaint under the consumer protection act A consumer Any voluntary consumer association The central govt Any state govt. One or more consumers. Consumer The consumer is one who has purchased goods or who has availed of or hired services. Consumer Rights Right to safety Right to choose Right to seek redressal Right to be informed Right to be heard Right to consumer education Right to healthy Environment Right to basic needs. Consumer Duties Duty to be careful Duty to insist on information Duty to inspect goods Duty to form association Duty to make complaint Duty to aware of rights Consumer protection council The objects of the consumer protection act 1986 are sought to be promoted and protected by the consumer protection councils established at the Central, state and district levels. Central Consumer Protection Council (sect 4) (1) The Central Government shall, by notification, establish with effect from such date as it may specify in such notification, a Council to be known as the Central Consumer Protection Council (hereinafter referred to as the Central Council). (2) The Central Council shall consist of the following members, namely: (a) the Minister in charge of the consumer affairs in the Central Government, who shall be its Chairman, and (b) such number of other official or non-official members representing such interests as may be prescribed. Ram Vilas Paswan Ministry of Consumer Affairs, Food and Public Distribution. The Ministry of Consumer Affairs, Food and Public Distribution is a ministry of India. The Ministry is headed by a minister of Cabinet rank. The current [Cabinet Rank Minister Ram Vilas Paswan. Procedure for meetings of the Central Council (1) The Central Council shall meet as and when necessary, but at least one meeting of the Council shall be held every year. (2) The Central Council shall meet at such time and place as the Chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed. Objects of the Central Council The objects of the Central Council shall be to promote and protect the rights of the consumers such as, (a) the right to be protected against the marketing of goods and services which are hazardous to life and property; (b) the right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be so as to protect the consumer against unfair trade practices; (c) the right to be assured, wherever possible, access to a variety of goods and services at competitive prices; (d) the right to be heard and to be assured that consumer's interests will receive due consideration at appropriate forums; 2. The State Consumer Protection Councils (1) The State Government shall, by notification, establish with effect from such date as it may specify in such notification, a Council to be known as the Consumer Protection Council for..................... (Hereinafter referred to as the State Council) (2) The State Council shall consist of the following members, namely: (a) the Minister incharge of consumer affairs in the State Government who shall be its Chairman; (b) such number of other official or non-official members representing such interests as may be prescribed by the State Government. (c) such number of other official or non-official members, not exceeding ten, as may be nominated by the Central Government. (3)The State Council shall meet as and when necessary but not less than two meetings shall be held every year. (4) The State Council shall meet at such time and place as the Chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed by the State Government. 3. District Consumer Protection Council In order to promote and protect the rights of consumers, within the district, the Consumer Protection Act, provides for the establishment of a District Consumer Protection Council in every district. It shall consist of the Collector of the district as its Chairman and such number of other official and non- official members representing such interests as may be prescribed by the State Government. It shall meet as and when necessary but not less then two meetings shall be held every year. The Chairman shall decide the time and place of the meeting Procedure for Consumer Grievance Redressal o Entitlement of file complaint. o Recognized Consumer Association o Procedure to be followed a District Forum or State Commission. o Procedure Applicable to National Commission (1) Procedure Applicable to National Commission. (2) Procedure for filing the Appeal o Limitation Period for filing of complaint. 1.Entitlement of file complaint.
Section 12 provides that a complaint, in relation
to any goods sold or delivered or any service provided or agreed to be provided, may be filed with the district forum by: (1) The consumer to whom such goods are sold or delivered or agreed to be sold. (2)any recognized consumer association, whether the consumer to whom the goods sold or delivered. (3) One or more consumers, where the numerous consumers having the same interest. (4) the central or the state government. 2. Recognized Consumer Association
A recognized consumer association means any
voluntary association registered under the companies act, 1956 or any other law for the time being in force. 3.Procedure to be followed a District Forum or State Commission Section 13 lays-down the procedure to be followed by the District Forum or State Commission on receipt of the complaint. According to section 13(1) and (b): (1)on receipt of the complaint, a copy of the same is required to be referred to the opposite party directing him to give his reply within 30 days. This period may be extended by another 15 days. (2) In case the opposite party admits the allegation contained in the complaint, the complaint will be decided on the basis of material record. ( 3) In case the opposite party denies or disputes the allegation contained in the complaint or omits or fails to take any action to represent his case within the time provided, the dispute will be settled in the following manner: (i) In case of Dispute Relating to any goods.- (ii) in case of Dispute relating to goods not requiring testing or analysis or relating to service. 4. Procedure Applicable to National Commission Section 22 lays down the procedure to be followed at the National Commission for disposal of any complaint or proceedings before it. The central Government has been empowered to prescribe procedure in this regard: (a)Procedure for complaint Rule 14 of the consumer Protection Rules, 1987 lays down the following procedure for hearing of complaint: 1. A complaint containing the following the following particulars shall be presented by the complainant or his agent to the National Commission in person or sent by registered post: (i) The name description and address of the complainant (ii) The name description and address of the opposite party or parties (iii) The facts relating to the complaint and when and where the same have arisen (iv) The documents in support of the allegations made in the complaint. (v) The relief or reliefs claimed by the complainant. 2. The National commission shall dispose of any complaint filed before it by following the same procedure as prescribed under section 13(1) and (2) 3. It shall be obligatory for the parties or their agents to appear before the commission on the date of hearing or any complaint and where the opposite party fails to appear on such date, it may proceed to decide the case exparte. 4. The commission shall as far as possible decide the complaint within a period of three months for the date of receipt of notice by the opposite party, where no tests or analysis is required and within a period of five months, where it requires analysis of testing of commodities. 5.The National Commission shall issue such order to the opposite party or parties as it may decide as contained in section 14(1). (b)Procedure for Filling the Appeal 1. Procedure in respect of goods where the defect alleged requires no testing or analysis- (a) refer a copy of the admitted complaint within 21 days from the date of its admission to the opposite party mentioned in the complaint directing him to give his version of the case within period of 30 days or such extended period not exceeding 15 days, as may be granted by the district forum ( b) where the opposite party, on admission of a complaint referred to him under clause (a) denies or disputes the allegations contained in the complaint or omits or fails to take to represent his case within the time given by the district forum, the district forum shall proceed to settle the consumer dispute in the manner specified in clauses. 2. Procedure in Respect of Goods where the defects alleged requires analysis or testing. (5) Limitation period for filing of complaint. Section 24A provides that the district forum, the state commission or the National Commission shall not admit a complaint, unless it is filed within two year from the date on which the cause of action has arisen Types of Consumer Redressal Machineries and Forum The consumer Protection Act provides for a three-tier consumer disputes redressal system encompassing the district, State, and National levels. There are two levels of agencies in the state and one agency at the National level. In other words, the act provides for the establishment of the following consumer dispute redressal agencies: District Forum: if it is less than Rs. 20 lakhs. State Commission: if more than Rs. 20 lakhs but less then Rs. 1 crore . National Commission: if more than Rs. 1 crore . Establishment of Consumer Redressal Machineries and forums District forums State commission National Commission. l Redressal machineries
District State National
forums commission Commission District Forum District forum means a Consumer Disputes Redressal Forum established under clause (a) of section 9. Composition of the District Forum (1) Each District Forum shall consist of, (a) a person who is, or has been, or is qualified to be a District Judge, who shall be its President; (b) two other members, one of whom shall be a woman, who shall have the following qualifications, namely: (i) be not less than thirty-five years of age, (ii) possess a bachelor's degree from a recognised university, (iii) be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration: Disqualification of Appointment
(a) has been convicted and sentenced to
imprisonment for an offence which, in the opinion of the state Government involves moral turpitude; or (b) is an undischarged insolvent; or (c) is of unsound mind and stands so declared by a competent court; or (Provided that a person shall be disqualified for appointment as a member if he (a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the state Government involves moral turpitude; or (b) is an undischarged insolvent; or (c) is of unsound mind and stands so declared by a competent court; or (d) has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government; or (e) has, in the opinion of the state Government, such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member; or (f) has such other disqualifications as may be prescribed by the State Government Jurisdiction of the District Forum (1) Subject to the other provisions of this Act, the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed ''does not exceed rupees twenty lakhs. (2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction, (a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain, or (b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or carry on business or have a branch office, or personally work for gain, as the case may be, acquiesce in such institution; or (c) the cause of action, wholly or in part, arises. State Commission Section 16 of the consumer protection act,1986 empowers state to establish in each state the state consumer Disputed Redressal Commission Composition of state commission 1) Each State Commission shall consist of (a) a person who is or has been a Judge of a High Court, appointed by the State Government, who shall be its President: (b) not less than two, and not more than such number of members, as may be prescribed, and one of whom shall be a woman, who shall have the following qualifications, namely: (i) be not less than thirty-five years of age; (ii) possess a bachelor's degree from a recognised university; and (iii) be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration: Provided that not more than fifty per cent. of the members shall be from amongst persons having a judicial background. Disqualification for Appointment as a member of state commission (a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude; or (b) is an undischarged insolvent; or (c) is of unsound mind and stands so declared by a competent court; or (d) has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government; or (e) has, in the opinion of the State Government, such financial or other interest, as is likely to affect prejudicially the discharge by him of his functions as a member; or (f) has such other disqualifications as may be prescribed by the State Government Appointment on the Recommendation of selection committee (1A)Every appointment under sub-section (1) shall be made by the State Government on the recommendation of a Selection Committee consisting of the following members, namely: (i) President of the State Commission -- Chairman; (ii) Secretary of the Law Department of the State -- Member; (iii) Secretary incharge of the Department dealing with Consumer Affairs in the State -- Member: Term of office Every member of the state commission shall hold office for a term of five years or upto the age of sixty-seven years, whichever is earlier. Resignation A member may resign his office in writing under his hand addressed to the state government. On such resignation being accepted his office shall become vacant. Jurisdiction of the State Commission (1) Subject to the other provisions of this Act, the State Commission shall have jurisdiction (a) to entertain (i) complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees twentylakhs but does not exceed rupees one crore; and (ii) appeals against the orders of any District Forum within the State; and (b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any District Forum within the State, where it appears to the State Commission that such District Forum has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity. National Commission The central Government shall establish a National Consumer Dispute Redressal Commission. Composition of the National Commission (1) The National Commission shall consist of (a) a person who is or has been a Judge of the Supreme Court, to be appointed by the Central Government, who shall be its President; Provided that no appointment under this clause shall be made except after consultation with the Chief Justice of India; (b) not less than four, and not more than such number of members, as may be prescribed, and one of whom shall be a woman, who shall have the following qualifications, namely: (i) be not less than thirty-five years of age; (ii) possess a bachelor's degree from a recognised university; and (iii) be persons of ability, integrity and standing and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration: Provided that not more than fifty per cent of the members shall be from amongst the persons having a judicial background. Disqualified for Appointment a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, involves moral turpitude; or (b) is an undischarged insolvent; or (c) is of unsound mind and stands so declared by a competent court; or (d) has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government; or e) has in the opinion of the Central Government such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member; or (f) has such other disqualifications as may be prescribed by the Central Government : Jurisdiction of the National Commission Subject to the other provisions of this Act, the National Commission shall have jurisdiction (a) to entertain (i) complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees one crore; and . (ii) appeals against the orders of any State Commission; and (b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity. Cyber Laws Cyber law is a term that encapsulates the legal issues related to use of communicative, transactional and distributive aspects of networked information devices and technologies. or Cyber law or Internet law is a term that encapsulates the legal issues related to use of the Internet Cyber law in India or Provisions of cyber Law. In may 2000, both the houses of the Indian Parliament passed the Information Technology Bill. The Bill received the assent of the president in August 2000 and came to be known as the information Technology Act,2000. Cyber Laws are contained in the IT Act, 2000. Advantages of Cyber Laws It Act 2000 attempts to change outdated laws and provides ways to deal with cyber crimes. In view of the growth in transactions and communications carried out through electronic records, the act seeks to empower government departments to accept filing, creating and retention of official documents in the digital format. From the perspective of e-commerce in India, the IT Act 2000 and its provisions contain many positive aspects. Firstly, the implications of these provisions for the e- business would be that email would now be a valid and legal form of communication in our country . Companies shall now be able to carry out electronic commerce using the legal infrastructure provided by the Act. Digital signature have been given legal validity and sanction of the Act. The act throws open the doors for the entity of corporate companies in the business of being certifying Authorities for issuing Digital Signature Certificates. Information Technology Act, 2000 The Indian information Technology Act 2000 came into effect from October 17,2000. E-Commerce is a fast-growing form of carrying-out business transactions . It is the process of conducting business operation through the medium of computer internet. Any business transactions has to pass through several stages to be given effect to each stage consists of various types of exchanges between the two sides: Information, Documents, Goods, Services and Money, etc. Objectives of the Act To grant legal recognition for transactions carried- out by means of electronic data interchange and other means of electronic communication commonly referred to as Electronic commerce in place of paper based methods of communication. To give legal recognition to Digital signature for authentication of any information or matter which requires authentication under any law. To facilitate electronic filling of documents with government departments. To facilitate filing of document with government departments. To facilitate electronic storage of data. To facilitate and give legal sanction to electronic fund transfers between banks and financial institutions. To give legal recognition for keeping books of accounts by bankers in electronic form. Some important defintions Asymmetric Crypto System section 2(1)(f): It means a system of a secure key pair consisting of a private key for creating a digital signature and a public key to verify the digital signature. Electronic Gazette- Electronic Gazette official Gazette published in the electronic form. Electronic Record- it means data, record or data gathered, image or sound stored, received or sent in an electric form or micro- film or computer generated micro-fiche. Digital Signature A digital code (generated and authenticated by public key encryption) which is attached to an electronically transmitted document to verify its contents and the sender's identity. It is a mathematical scheme of demonstrating the authenticity of a digital signature gives a recipient reason to believe that the message was created by a known sender, such that the sender cannot deny having sent the message and the message was not altered in transit. Digital signatures are commonly used for software distribution, financial transactions and in other cases where it is important to detect forgery or tampering. Digital signature Certificate Digital signature certificate are the digital equivalent (that is electronic format) of physical or paper certificates. Examples of physical certificates are D.L,Pass Ports or membership cards. Certificates serves as a proof of identify of an individuals for a certain purpose. For example D.L identifies some one who can legally drive in a particular country. Like wise Digital certificate can be presented electronically to prove your identity to access information or services on the internet to sign certain documents digitally. Intellectual Property Right (IPR) The possession and utilization of various kinds of properties is essential for the development of trade, industry and commerce. Right from the beginning of civilization itself the concept or origin of property right can be traced. The Indian constitution protects the right to property of an individual. There are two types of property present in nature 1.Tangible Property: it includes (1) Immovable property- like land, building or permanent structures. (ii) Movable property- like goods and shares 2. Intangible- it includes any benefits other than a material thing like actionable claims, goodwill and intellectual property right such as patent, copyright and trademark Intellectual Property Every kind of intellectual property is in the nature of intangible property. Intellectual property (IP) is the creation of human intellect. It refers to the ideas, knowledge, invention, innovation, creativity, research, etc., all being the product of human mind and is similar to any property, whether movable, wherein the proprietor or the owner may exclusively use his property at will and has the right to prevent others from using it, without his permission. The rights relating to intellectual property are known as Intellectual property rights Categories of Intellectual property rights (TRIPS) The agreement on Trade Related Intellectual Property Rights (TRIPS) is comprehensive in giving cover to all areas of technology, property, patents, trademarks, copyrights and so on. The TRIPS encourages upon the member countrys sovereign right to frame its own legislation on intellectual property matters. The TRIPS agreement covers seven categories of intellectual property rights, which are as follows: 1. Trade secrets 2. Integrated circuits- it means a product in its final form or an intermediate form, in which the elements atleast one of which is an active element, and some or all of the interconnections are integrally formed in and/or on a price of material and which is intended to perform an electronic function. 3. Geographical Indications 4. Industrial Design 5. Copy right 6. Trademarks 7. Patents. Geographical Indication A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place. Madurai malli. Tanjavur Dancing Doll Nagercoil temple jewellery The most famous among these would be the Kanchipuram silk. The town of Kanchipuram believes its weavers are descendents of Sage Markands, the master weaver of Gods, and true to the tale, the saris stand out in their resplendence. Other textiles from Tamil Nadu to get the GI sign include Salem Silk, Kovai Cora Cotton and Arani silk. The hand-woven Madurai Sungudi is famed for its natural dyes and dotted patterns. It is the first product from the town of Madurai to get the GI tag, but it is closely followed by the Madurai Malli. The malli or jasmine from Madurai is in demand across the world for its seductive fragrance, from which branded perfumes are formulated. Copy Rights Copy right, which is available for creating an original literary or dramatic or musical or artistic work. For example, cinematograph films including sound track and video films and recordings on discs, tapes, or other devices are covered by copyright. Copyrights give protection for the expression of an idea and not for the idea itself. For example, many authors write textbooks on physics covering various aspects like mechanics, heat, optics, etc. Copyrights are similar to patents in establishing ownership and protection for creative endeavor but they pertain to intellectual property. Examples of copyright Photographs Paintings Sculptures Poems Articles Stories Books Music Sound recordings Motion pictures. Object of copyrights Copyrights ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity. Classes of works which copyrights protection is available in India. Artistic work- painting, sculpture, drawing or photograph. Dramatic work- it includes any piece for recitation( a written material) choreographic work. Literary work- it includes computer programs, tables and compilations including computer database. Computer program- it means a set of instructions expressed in words, schemes or in any other form including a machine readable medium capable of causing the computer to perform a particular task to achieve a particular result. Musical work- musical work means a work d consisting of music and includes any graphical of notation of such work . Cinematograph film- it means any work of visual recording on any medium through a process from which a moving image may be produced by any means and includes a sound recording accompanying such a visual recording. Sound record- sound recording means an aggregate of sound from which sounds may be produced. Registration of Copyrights Registration of copyright is optional. A register of copyright is kept in the copyright office. All details of works in which registration is applied for is entered in the register. Register of copyright is prima facie evidence of the particulars enter therein. The register is open for inspection and extracts of it can be obtained. Trade Mark Trademark is a mark or symbol used by a trader in association with specific goods manufactures and or sold; mark may be a symbol of reputation of some kind in the goods for its origin or quality or both. The brand name, label or logo of a company can be registered as a trademarks. Once it is registered then it is protected against misuse by the third parties. The registered Trade Mark is a valuable property which can be transferred or sold or licensed to third parties. Dindigul 'Thalappakatti biriyani wins trademark row Chennai-based Thalappakattu dubbed imitation Ending a long-running dispute, the Intellectual Property Appellate Board here has ruled that Dindigul-based Thalappakatti is the genuine trademark and that Chennai-based Thalappakattu is an imitation. The proprietors of the Dindigul-based mark claimed that way back in 1957, Nagasamy Naidu started the Ananda Vilas Briyani Stall. It later became famous as Thalappakatti Biriyani Naidu Hotel since the turbaned Naidu was called Thalappakatti Naidu. After him, his son and grandson carried on the business, which expanded to Coimbatore and Tirupur, and acquired a huge reputation because of the quality of its biriyani. However, Chennai-based restaurant Thalappakattu Biriyani & Fast Food claimed that its promoters ancestor Sulaiman was the Chief of the Horse Regiment in the palace of Raja of Sivaganga. As he wore a turban, his family came to be known as Thalappakattu Rawthers. They started the hotel business on a small scale in 2005 and as a mark of respect to their ancestors, they adopted the word Thalappakattu. According to them, they served extremely delicious biriyani and the adoption of the name was bona fide. Procedure for Registration The application is filed Then the application is examined by the trade marks office and objections, if any are raised. After clearing the objections, if any, the marks is advertised in trademark journal and open to third party opposition The registration certificate is issued in 4-6 months after the completion of opposition period, if there is no opposition by the third party during this period. In case registration certificate issued when the opposition is dismissed. Offences and penalties relating to Trade Marks Falsifying a Trade marks- a person is said to falsify a trademark if he makes a trademark without the assent of the proprietor. Falsely apply a trade marks-when a person applies to goods a trademark belonging to another person without the assent of the proprietor of that mark, he is said to falsely apply the trademark. Making or possessing instruments for falsifying Trade Mark-a person who possesses, disposes of, instruments like die, machine for falsifying a trademark is said to commit an offence. In such a case he is punishable with imprisonment and fine. Applying false indication of country of origin Tampering with an indication of origin already applied to goods. Selling goods falsely marked Falsely representing a trademark as registered. Falsely describing a place of business as connected with the trade mark. Patent Act A patent is an exclusive right granted by a country to the owner of an invention to make use, manufacture and market the invention provided the invention satisfies certain conditions stipulated in the law. Exclusive right implies that no one else can make use, manufacture or market the invention without the consent of the patent holder. Simple meaning of patent A patent is a grant from the government which confers on the guarantee for a limited period of time the exclusive privilege of making, selling and using the invention for which a patent has been granted. Purpose of getting a patent To enjoy the exclusive rights over the invention. The patent is to ensure commercial returns to the inventor for the time and money spend in generating a new product What can be patented? In order to be patentable , an invention must pass four tests;1. The invention must fall into one of the five statutory classes: Processes, Machines , Manufactures, Compositions of matter, and New uses of any of the above 2. The invention must be useful 3. The invention must be novel 4. The invention must be nonobvious The Term Of Patent : In respect of a invention claming process of manufacture of a substance intended to be used as food or medicine ---- 5 yrs from the date of sealing or 7 yrs from the date of patent whichever is shorter. In case of any other invention ---- 14 yrs from the date of patent. Expiry Of A Patent A patent can expire in the following ways:1. The patent has lived its full term. 2. The patentee has failed to pay the renewal fee. 3. The validity of the patent has been successfully challenged by an opponent by filing an opposition either with the patent office or with the courts. 4. As soon as the patent expires, it pass to the general public domain and now anybody can use it without the permission of the original inventor STAGES FROM FILING TO GRANT OF A PATENT Obtaining A Patent File an application for patent With one of the patent offices based on territorial jurisdiction of the place of office or residence of the applicant /agent Pay the required fee Information concerning application form and details of fee available at www.ipindia.nic.in Guidelines for applicants also available on this website Formality Check An Examiner checks the formal requirements before accepting the application and the fee this is done immediately Issue of application number and the cash receipt this is done the same day In case of receipt of application by post, cash receipt, application number is sent by post within 2- 3 days Publication Application is kept secret for a period of 18 months from the date of filing In 19th month, the application is published in the official journal this journal is made available on the website weekly Applicant has an option to get his application published before 18 months also In that case, application is published within one month of the request Request for Examination Application is examined on request Request for examination can be made either by the applicant or by a third party A period of 48 months, from the date of filing, is available for making request for examination Examination Application is sent to an Examiner within 1 month from the date of request for examination Examiner undertakes examination w.r.t. whether the claimed invention is not prohibited for grant of patent whether the invention meets the criteria of patentability Issue of FER A period of 1 to 3 months is available to Examiner to submit the report to the Controller 1 months time available to Controller to vet the Examiners report First Examination Report (FER) containing list of the objections is issued within 6 months from the date of filing of request Response from the Applicant 12 months time, from the date of issue of FER, is available to the applicant to meet the objections If objections are met, grant of patent is approved by the Controller within a period of 1 month Pre-grant Opposition After publication, an opposition can be filed within a period of 6 months Opportunity of hearing the opponent is also available .Examination of Pre-grant Opposition Opposition (documents) is sent to the applicant A period of 3 months is allowed for receipt of response .Consideration ofPre-grant Opposition After examining the opposition and the submissions made during the hearing, Controller may Either reject the opposition and grant the patent Or accept the opposition and modify/reject the patent application This is to be done within a period of 1 month from the date of completion of opposition proceedings Grant of a Patent A certificate of patent is issued within 7 days Grant of patent is published in the official journal Basmathi Rice case study youngest patent holder in india Hridayeshwar Singh Bhati Hridayeshwar Singh Bhati (born 3 September 2002) is an Indian student who invented a six- player variant of chess. He invented the variant at the age of 9 with his father's assistance. He was granted a patent for his invention in 2012, making him the youngest patent-holder in India at that time. Registration of Patents Patents are registered with the controller general of patents, designs and trademark. The head office is in Calcutta, with branch offices in Delhi, Mumbai and chennai. Application must be filled in appropriate office with a provisional specifications. Once specification is accepted, the notice of patent is advertised in governments official gazette. Three months time is given for notice of opposition. For item as food or medicine, the process patent is granted for five years from the date of sealing or seven years from date of patent. Rights of a patentee Patentee has following rights (a) where the patent is for a product, the exclusive right to prevent third parties, who do not have his consent, from the act of making, using, offering for sale, selling or importing for those purposes that product in India (b) where the subject matter of patent is a process, the exclusive right to prevent third parties, who do not have his consent, from the act of using that process, and from the act of using, offering for sale, selling or importing for those purposes the product directly obtained from that process, in India. However, that product should not be such that no patent can be granted for that product in India. [section 48] Infringement of Patent Patentee and his agents and licensees have exclusive rights to make, use, exercise or distribute the invention in India under section 48. Infringement means violating the statutory rights of patentee. Innocent infringement, i.e. infringement without knowledge that a patent exists does not require payment of damages and a share of profit (section 111). Suit for infringement can be filed only in District Court (section 104). The reliefs that can be claimed are (a) damages and a share of profit to patentee. (b) Injunction on infringee on the terms the Court may deem fit [section 108(1)]. Court can also order that the infringing goods shall be seized, forfeited or destroyed, as the Court deems fit