Sensitization Seminar on IPR for electronics and ICT sectors
“Role of IP as a Strategic and Financial tool in the Global Market”
Event was organized by APTDC (Andhra Pradesh Technology Development & Promotion Centre) & CII (Confederation of Indian Industry) at The Park hotel, Visakhapatnam on 21st April 2016. Even though the event name mention Electronics and ICT, the knowledge I received from speakers can be implemented in any industry. The speakers were
· Mr K Subodh Kumar, IP Program Head, TCS
· Mr Rahul Dubey, IP Manager, GE India
· Dr Kalyan C Kankanala, Managing Partner, BananaIP
· Dr. Sudhir Raja Ravindran, Attorney-At-Law, Solicitor (England & Wales)
· Mr Sudipta Ghosh, Head of IP Management, Wipro
· MR Amit Koshal, PAttent Attorney and Head – IPR
· Mr G Sravan Kumar, Senior Associate, K & S Partners
· MS Hima Bindu, CEO, Novel Patent Service
What does IP consists of?
Intellectual Property (IP) is considered into different types
What business value IP brings in?
· Business/Competitive Advantage
· Revenue Generation/Retention
· Licensing Opportunities
What value you can gain from IP?
Difference between Asset and Property
Assets vs Property: Assets which are protected is property.
What inventions will get IPR?
· Industrial Applicability
Patent should be filed as individual or as organization?
Patent is filed as inventor. If inventor is employed, then the rights goes to the company and the person will be identified as inventor.
Can I file global patent from India?
There is nothing like global patent. You have to file patent in each country separately. But there is provision for filing PCT application, it will give you 1 year of time to decide which country you need to file for patent.
What should I do if someone infringement my IP?
· The most important thing, do not send Cease & Desist letter.
· Cease & Desist letter is like giving warning that I have found you doing this and don’t do it again.
· This letter will warn them and they may clear the evidence or it may back fire you where they will put a case against you that you were threating them.
· The best past you can do is find them with a proof and hire a lawyer and submit the proof to court. Court will give warning, if the person does it again it will have considered as condemning of court.
What if you are defendant?
Does IP management is easy?
No, Not at all. There are many things has to be done after IPR. Few of them are
Should be filed every year for every patent. Submit all the details about revenue, cost, manufacturing, etc.
What are the Stages for applying IP?
What are things to keep in mind for Startups?
1 Employment letter should be drafted professionally and get signed.
2 Get signed Non Disclosure Agreement (NDA) with the team.
3 Contracts with the co founder will work good in long term. (Even though you people are friends or relatives, consider to sign a contract)
When should a startup file IP?
On the Day 1. As the evolution of idea happen in early stage startup, there is a provision called provisional application. Government fees for the application is 1600 Indian Rupees only. After filing provisional application, you will have time of 1 year to file complete IP.
No, there are many litigations in filing IP. Consider an expert and use their services.
Can I file IP if it was not filed in India but was already filed in USA by someone else?
No, You cannot file an IP if it is already filed in any part of the world. But you can use it without any legal issues if it was not filed in your country.
Hope these information may useful for getting started.
P.S: Always consult an expert before filing a patent. It makes your work easier.