Legal Aid in India

Legal Aid
Legal aid may be taken to mean free legal assistance to the poor persons in any judicial proceedings before the Court, Tribunals or any authority. It intends to provide free legal assistance to the poor persons who are not able to enforce the rights given to them by law. Justice P.N. Bhagwati has clearly stated that legal aid means providing an arrangement in the society which makes the machinery of administration of Justice easily accessible and in reach of those who have to resort to it for enforcement of rights given to them by law. He has rightly said that the poor and the illiterate should be able to approach the courts and their ignorance and poverty should not be an impediment in the way of obtaining justice from the Courts. The constitution of India gives much importance to rule of law. In India, it is regarded as a part of the basic structure of the Constitution and also of natural justice. Free legal aid to the poor and weak persons has been held to be necessary adjunct of the rule of law.
Legal Aid In IndiaThe preamble of the Indian constitution aims to secure to the people of India justice – socio economic and political. Article 38 and 39A of the Indian constitution are notable. Article 38(1) states- the State shall promote the welfare of the people by securing and protecting the social order including justice and Article 39-A of the constitution states that the state shall in particular, provide free legal aid, by suitable legislation or schemes, to ensure that opportunities for securing justice are not denied to any citizen.

Legal Aid
Legal aid may be taken to mean free legal assistance to the poor persons in any judicial proceedings before the Court, Tribunals or any authority. It intends to provide free legal assistance to the poor persons who are not able to enforce the rights given to them by law. Justice P.N. Bhagwati has clearly stated that legal aid means providing an arrangement in the society which makes the machinery of administration of Justice easily accessible and in reach of those who have to resort to it for enforcement of rights given to them by law. He has rightly said that the poor and the illiterate should be able to approach the courts and their ignorance and poverty should not be an impediment in the way of obtaining justice from the Courts. The constitution of India gives much importance to rule of law. In India, it is regarded as a part of the basic structure of the Constitution and also of natural justice. Free legal aid to the poor and weak persons has been held to be necessary adjunct of the rule of law.
Legal Aid In IndiaThe preamble of the Indian constitution aims to secure to the people of India justice – socio economic and political. Article 38 and 39A of the Indian constitution are notable. Article 38(1) states- the State shall promote the welfare of the people by securing and protecting the social order including justice and Article 39-A of the constitution states that the state shall in particular, provide free legal aid, by suitable legislation or schemes, to ensure that opportunities for securing justice are not denied to any citizen.
In Sheela Barse vs. State of Maharashtra , it was held that legal assistance to a poor accused who is arrested and put in jeopardy of his life or personal liberty is constitutional imperative mandated not only by article 39-A but also by article 21 and 14 of the constitution.
Article 21 clearly says that every person has an equal right to life and liberty except according to the procedure established by the law. It was said in the case of Hussainara khatoon vs. State of Bihar, that if any accused is not able to afford legal services then he has a right to free legal aid at the cost of the state. Also in Sukhdas vs. Union Territory of Arunachal Pradesh , it was held, in case an accused is not told of his right and therefore he remains unprecedented by a lawyer, his trial is vitiated by constitutional infirmity and any conviction as a result of such trial is liable to be set aside. Similarly article 14 also talks about equality before law. Section 304 of CrPC imposes an obligation on the courts to provide legal aid at the expense of the state to an accused, who has no sufficient means and finances to engage an advocate. There cannot be any real equality in criminal cases unless the accused gets a fair trial of defending himself against the charge and a professional assistance.
Obstacles To Legal AssistanceAt present the legal aid movement in India is unorganized, diffused and sporadic. There is lack of co-ordination in it. The ideal of equal access and availability of legal justice has reached almost breakdown point. There is a wide gap between the goals set and met. One law firm recently commented in a survey, “We no longer do pro bono work, we are too busy trying to survive” . Lawyers don’t engage themselves in pro bono activities because of various reasons. There is lack of financial resources. The legal education imparted earlier did not provide social education. Therefore they do not understand or accept their obligation to do so, also the members of the profession do not regularly come into contact with members of the community who need legal assistance.
Illiteracy is also a major obstacle to legal aid. Now it is common knowledge that about 70% of the people living in rural areas are illiterate and even more then that are not aware of the rights conferred upon them by law . It is the absence of legal awareness which leads to exploitation and deprivation of rights and benefits of the poor.
Measures For Effective Legal Aid.1. The legal aid movement has to go to the grass root level and help to discover, identify and solve the problems and difficulties of the poor.
2. The participation not only of the practicing lawyers but also of the courts, the law, teachers, senior law students, trained social workers, public at large is also needed.
3. It should also include activities like spreading legal awareness and educating people on their basic rights with the help of NGO’s.
4. Promote more informal paralegal services in places where basic access to justice opportunities and infrastructures are absent.
5. Promote a pro bono service culture and tradition within the legal profession.
6. Offer comparative models of legal aid to government in reforming the movement.
7. Support the development of demonstration legal aid/public defender offices in cooperation with governments.
8. Lok Adalats should be promoted in the right direction as they settle the disputes quickly by counseling and discussions, etc. Its basis is to provide quick justice with the mutual consent of the parties. Their object is to reduce burden on the Courts so that the problem of law’s delay may be solved and people may get justice within due time. The machinery of the Government engaged in the execution of this movement in the state must be geared from bottom to top.

Article 21 clearly says that every person has an equal right to life and liberty except according to the procedure established by the law. It was said in the case of Hussainara khatoon vs. State of Bihar, that if any accused is not able to afford legal services then he has a right to free legal aid at the cost of the state.

Conclusion:-:Legal aid means free legal service for the promotion of the welfare of the people.In India many efforts have been made in this direction for example the introduction of Lok Adalats. According to various articles of the Indian constitution, it is the right of an accused to ask for legal aid if he is not able to afford it.
Bibliography1. The constitution of India- V.N. Shukla. Eastern Book Company, Lukhnow.2. Indian Bar Review Vol. 27, 2000.3. Andhra Law Times. Vol. 87, 1997 (1-13 p)4. Public Interest Lawyering, Legal Aid and Para Legal Services- Dr. Kailash Rai.5. Supreme Court Journal 1995 Feb (25-9p)

National Working Group on Patent Law:

New Chemical Entity:
(i) The scope of 'invention' should be limited to basic novel product or process involving inventive step and capable of industrial application;
(ii) The scope of 'pharmaceutical substance' should be limited to new molecular entity with significant therapeutic advancement involving one or more inventive steps;
(iii) There is lacuna about the definition of 'pharmaceutical substance'. Apart from the definition there is no mention of this patentable subject matter anywhere in the amended Patents Act 1970. Section 5 of the Act has been omitted through the Patents (Amendment) Act 2005. We would suggest this Section which could incorporate specifically 'pharmaceutical substance' should be re-introduced with the following version:
Section 5
Patents shall be available for basic novel inventions including pharmaceutical substances as defined in Section 2 whether products or processes in all fields of technologies excluding inventions stipulated under Section-3 provided that they are new, involve an inventive step and are capable of industrial application.
To sum up our suggestions in regard to definitions of 'invention' and 'pharmaceutical substance' are in harmony with each other and clause (d) including its explanation under Section 3 quoted above. We would emphasize that basically the incrementally changed presentation must not be allowed for patenting.
Micro-organism:
(i) Patenting of life forms may have at least two dimensions. Firstly, there is the ethical question of the extent of private ownership that could be extended to life forms. The second dimension relates to the use of IPRs' concept as understood in the industrialized world and its appropriateness in the face of the larger dimension of rights on knowledge, their ownership, use, transfer and dissemination.
(ii) Micro-organisms as such occur in nature. If any micro-organism is discovered it cannot be called invention, it falls in the category of discovery. Micro-organism when genetically modified falls in the category of invention because of human input. Genetically modified micro-organism may perform any number of activities. If a researcher is able to research upon a particular activity, and he is allowed patenting of his genetically modified micro-organism this will result in blocking of further research on that micro-organism. This is a peculiar situation arising out of patenting of micro-organisms. In view of these circumstances it would not be appropriate even to allow patenting of genetically modified micro-organism also as such.

Patent Condition in International Standard

International Patent System, Patentable Inventions, Prior Art in Patent, Monopoly rights in Patent, Non-obviousness, Patentability conditions.

1: International Patent SystemConcept of Patent The patent rights can be enforced only after securing the patent. Patent restricts others to make, use, offer for sale, sale or import the patented product. Patent is granted for both a product and a process. Patent right locks the functionality aspect and restricts the rights to the patent owner. Patent is a time limited monopoly which is granted from the date of the first filing for twenty years. The patent application could be either provisional or complete. To exploit the right to propriety, the inventors prefer to file the provisional application at the concept stage of the invention when they feel confident to file the complete application within twelve months time from the date of the provisional application. The difference between the provisional and the complete application is that in the provisional application only the outline of the invention is given and thus a tentative domain of the invention is described. The claim part, the patent rights subsists on this part, is written only in the complete application.Concept of PriorityPriority is a very important part of patent system. It means that who has right to secure patent to the exclusion to the other applicants in any country. There are two concepts of priority. The first is the first to file concept and the other is first to invent concept. According to the first to file concept, the first applicant has the right exclusion to the others to file and secure patents in the most of the countries which follow the international patent system. This concept is followed by most of the countries including India. The first to invent concept says that the inventor who invented first has the right to file and secure the patent. This concept is followed by the US.Patentable InventionsThere are three conditions, novelty, non-obviousness and industrial use, for an invention to qualify as a patentable invention irrespective of any domestic patent law. Novelty means that the invention should be not be known in the industry anywhere before. An invention first practiced as a trade secret and later applied for patent does not qualify under this condition. Non-obviousness means that the invention should be such that it add-value to the existing knowledge domain. The teaching of the invention must not be obvious to anyone having knowledge in that particular domain of technology. The third condition makes it clear that patent is granted only for the applied science which has some industrial use. The invention should be either in the form of a product or a process which can be commercially exploited. The Patent SystemPatent rights are territorial in nature and governed by the domestic patent laws. It means that a patent right holder in the US has rights only in the US territories. For securing the same rights, one needs to redo the patent rights securing process in each country of the business interest from the prospective of commercialization of the invention.To synchronize the domestic patent system at the international level gradually an international understanding developed for protecting industrial property in the nineteenth century when the industrialization was at its peak. The transition of the industrialization into knowledge economy melted the conventional understanding into an agreement which is acting as an international patent law. The international understanding on industrial property, which is another term used for the intellectual property minus copyright, is known as Paris Convention for the protection of Industrial Property. Since it was a convention, it lacked binding force. But it helped in designing the international patent law which came under the banner of the TRIPS Agreement, which has binding force. The binding force means that how what is agreed upon at an international level is translated into the domestic laws of the signatory countries. Treaties and conventions are merely an understanding lacking binding the signatory countries to follow them. But TRIPS is an agreement having deterrence to force the signatory sovereigns to act up on the terms and conditions of the agreement.Each inventor, either a part of the Paris Convention Union for protection of industrial property or the WTO Contracting country, has twelve months time from the date of the first/basic application to decide and file an application for securing the patent rights in the other member countries. This additional right is known as priority right. There is time buying system which helps in deferring the patent application filing in the other countries to the maximum of thirty months from the date of the filing the basic application. This system is known as Patent Cooperation Treaty (PCT) and administer by the World Intellectual Property Rights Organization (WIPO). The TRIPS Agreement has borrowed the National Treatment concept from the Paris Convention. The national treatment means that the foreigners would be given the same treatment as the nationals of a country. TRIPS further added Most Favored Nation (MFN) concept in it; which means that any especial favor given by a country to a country will be applicable to rest of the member countries. The concepts of the national treatment and the MFN status provide equality before the laws of a member country to the foreigners.Hence, there are two options for an applicant to file a patent application in a foreign country. The first one is Paris Convention and the second is exploiting the PCT route. The first route is advisable when an applicant wants to file the application without loosing time. The other route is advisable when the applicants wish to buy some time for any reason to exploit the patent rights later without loosing the priority. Both the options are open for both the Indian and the US nationals in each-other’s country. Though the TRIPS Agreement directs its signatory countries to grant patent in all the technologies, there are a few exceptions to this direction in India. Similarly there is a fundamental difference in definition of invention. The US patent law includes both inventions and discoveries as a subject matter of patent but India, like most of the countries, accepts only inventions as a patentable subject matter. Another difference is in the treatment of the prior art. The US patent law accepts knowledge existing in some tangible format outside its territories for the consideration of knowledge forming prior art. The US accepts hear-say knowledge existing in its territories. To the contrary, Indian law accepts all kind of information, whether hear-say or in some tangible form, existing anywhere as prior art.Part 2: Securing Patent Rights in IndiaThe Constitution of India starts with ‘We the People of India..’ wordings and declares herself a Socialist Republic in the preamble itself. The Supreme Court of India in a case declared that Constitution is not to be construed as a mere law, but as the machinery by which laws are made. Though the patent law was framed and repeatedly amended in compliance with India’s commitment to various international treaties, conventions and agreement, none of IP laws is above the Constitution of India. An attempt to make a fine balance between the social welfare commitment to the nation and the rights of the patent owner can be seen in various provisions of the Indian patent law. India is a natural ally to the developing and least developed countries, who see and respect her as their leader. As a leader of the third world countries India has extended social responsibility towards their welfare. This responsibility is also reflected in the Patent Act.India is a signatory country to the Paris Convention and the WTO. The foreigners draw right to file patent applications in the foreign countries under the provisions of the Paris Convention and the TRIPS Agreement. The foreign applicants have equal rights before the patent law of India and there is no discrimination based on nationality as agreed by India to the above-stated international instruments.The first patent application is known as the basic application. A foreign national can file the basic application in India drawing rights under the Paris Convention or can file the national phase application in India within twelve months after filing the basic application either in his home country or elsewhere. The twelve month time to file the subsequent application is an international right and is known as Priority Right. By claiming the priority right, the applicant secures preference to other applicants who filed their applications any time later to the basic application filed by the first applicant. English is the official language for filing the application in India by the foreigners.In case an application has been filed under the provisions of the PCT, it remains suspended for eighteen months from the date of the basic application filing and is not processed. The national phase applications rooting from the PCT application can be filed latest by thirty one months from the date of the basic application filing. In case the national phase application is filed before thirty one months which is the time deadline to enter into the national phase, the patent Office shall not start processing of the national phase application before the expiration of thirty one months from the basic application filing date, else otherwise formally requested to process under other provisions. Here it is important to mention that PCT application is just a time buying process to extend the priority to file the national phase applications. A PCT application in itself does not materialize into any patent; it is the national phase application which may ultimately yields patent.When an application is made by virtue of an assignment of rights to apply for patent for the invention, the applicant needs to file the right to assignment in the prescribed form within six months from the date of the filing of the application in India. A declaration of inventorship is required to be filed with the complete application or within one month from the date of the filing of the complete application. Besides, the applicant needs to keep the Indian Patent Office update on other national phase applications for the same invention in the prescribed format in the prescribed time.After expiration of the thirty one months period from the basic application filing date, the application is processed and published in the Patent Journal. Under the normal process there is no need to apply for the publication of the application. There is a provision under the patent law for filing an early publication request. On and from the date of publication of the application the applicant shall have the like privileges and rights as if the application for patent has been granted, provided the applicant shall not be entitled to institute any proceedings for infringement until the grant of the patent. After publication of the application, the applicant gets forty eight months time from the priority date of the basic application to file a request for an examination of the application. There is no restriction to file a request for examination of the application, but it would be considered only after publication of the application. Ordinarily the first examination report (FER) is send within six months from the date of the examination request or six months from the date of publication, whichever is later.India has adopted post-grant opposition procedure without loosing her old pre-grant opposition procedure. When a patent application is published but the patent has not been granted, any person in writing may oppose the application on any of the prescribed grounds. Similarly, any person, at any time after the grant of the patent but before the expiry of one year from the date of publication of grant of the patent may give a notice of opposition to the Controller in the prescribed manner.When the application is found to be in order for the grant of patent complying with the Patent Act, a patent is granted.The life span of a patent is twenty years starting from the date of the filing of the patent application. For the international applications filed under the Patent Cooperation Treaty (PCT) the twenty years shall be counted from the international (PCT) application filing date.The patent requires to be renewed each year by paying the renewal fee. In absence of non-renewal of patent, the rights are lapsed. The applicant can file for renewal of the lapsed patent within eighteen months from the date on which the patent has ceased to have effect. There is no right during the suspension of patent due to non-renewal.The district court has the jurisdiction to try an infringement suit. Provided that where a counter-claim for revocation of the patent is made by the defendant, the suit is transferred to the respective High Court for decision. In an infringement suit the court may grant an injunction and at the opinion of the plaintiff either damages or account of profit. The court may also order for the forfeiture and destruction of the infringing goods without any compensation. The appeals to the orders and decisions of the Controller and all cases of revocation of patent other than on a counter-claim in a suit for infringement and rectification of register pending before any High Court shall go to the Intellectual Property Appellate Board (IPAB).To balance the monopoly patent rights granted to a parson, there is a complete chapter titled ‘working of patents, compulsory licenses and revocation’ to safeguard the socialist commitment of India. Another chapter titled ‘use of inventions for purpose of Government and acquisition of inventions by central Government’ is an attempt by India not to find her into tight spot to honor a patent against her national or social interests.

In India Trademark Law and other patents information required as per International patent systems is geiven below:-

Indian Trademark Law has been codified in conformity with the International Trademark Law and is about to undergo an amendment to be at par International Trademark Law. Recently India has signed Madrid Protocol that will allow Foreign Applicants to file an International Application designating India like many countries around the globe e.g China. Though unlike China and many other countries Multi class filing is allowed in India.Indian Trademark Law has been codified in conformity with the International Trademark Law and is about to undergo an amendment to be at par International Trademark Law.Recently India has signed Madrid Protocol that will allow Foreign Applicants to file an International Application designating India like many countries around the globe e.gChina. Though unlike China and many other countries Multi class filing is allowed in India.Statue: The various statues dealing with Intellectual property laws in India are as follows: 1. Trademarks Act, 19992. Copyright Act, 19573. Patents Act, 1970 as amended by Patents (Amendments) Act, 20054. Designs Act, 20005. Code of Civil Procedures, 19086. Indian Penal Code, 18607. Geographical Indication of Goods (Registration & Protection) Act, 19998. Semiconductor, Integrated Circuit Layout Design Act, 20009. Plants Varieties Protection and Farmers’ Rights Act, 200110. Information Technology Act, 2000Requirement:A ‘Trademark’ means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others.A ‘Mark’ includes a device, brand, heading, label, ticket, name (including abbreviations), signature, word, letter, numerals, shape of goods, packaging or combination of colors and any combination thereof.The two main requirements of a trademark are that it must be distinctive (adapted to distinguish the goods/services of the applicant from that of others) and not deceptive. Therefore while selecting a trademark, words that are directly descriptive of the goods, common surnames or geographical names should be avoided as these confer weaker protection to the proprietor even if registered.Now the concept of “well known mark” has been introduced after the last amendment and Section 2 (zg) defines a well known mark as:“Well-known trademark, in relation to any goods or services, means a mark which has become so to the substantial segment of the public which uses such goods or receives suchservices that the use of such mark in relation to other goods or services would likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first mentioned goods or services.”While determining whether the mark is well-known mark, the registrar will take in to consideration while determining that the mark is a well known mark.(a) the knowledge or recognition of the alleged well known mark in the relevant section of the public including knowledge obtained as a result of promotion of the trademark.(b) the duration, extent and geographical area of any use for that trademark.(c) The duration, extent and geographical area for any promotion of the trademark including advertising or publicity and presentation at fairs or exhibition of the goods or servicesin which the trademark appears.(d) The duration and geographical area of any registration of any publication for registration of that trademark under this Act to the extent that they reflect the use or recognition of thattrademark.(e) The record of successful enforcements of the rights in that trademark, in particular the extent to which the trademark has been recognized as a well known trademark by any Court or Registrar under that record.Whereas a trademark has been determined to be well known in at least one relevant section of the public in India by any court or Registrar, the Registrar shall consider that trademarkas a well known trademark for registration under this Act. “Relevant section of Public” may be actual or potential consumers of, persons involved in channels of distribution of or business circles dealing with the type of goods or services to which the mark is applied.The Registrar is not required to consider the following facts while determining a well known trademark.a) The Trademark has been used in Indiab) The Trademark has been registeredc) The application for registration of the Trademark has been filed in India.d) The trademark is well known in or has been registered in, or in respect of which an application for registration has been filed in any jurisdiction other than India ore) The trademark is well known to the public at large in India.Priority:For claiming a priority from an application filed in United States a corresponding application should be filed in India within 6 months of date of filing of original application.Various Grounds for refusal:Absolute grounds: Section 9 of the Trademarks Act, 1999 sets out the absolute grounds for refusal of trademarks, which can be grouped under following heads:a) Trademark is devoid of distinctive character;b) Trademarks that are descriptive;c) Trademarks likely to deceive of cause confusion;d) Trademarks or signs that are customary in current language and in the bonafide and established and customary practice of the trade;e) Trademarks comprising scandalous or obscene matter or likely to hurt religious susceptibilities in India;f) Trademarks consisting of shape which are purely functional or are necessary to obtain a technical result or give substantial value to the goods; org) Trademarks whose use is prohibited under Emblems and Names (Prevention of Improper Use) Act, 1950.Prohibition:Section 13 of the Trademarks Act, 1999 prohibits registration of any word as trademark which is:a) Commonly used and accepted name of any chemical element or any chemical compound (as distinguished from mixtures) in respect of a chemical substance or preparation; orb) Declared by the World Health Organization and notified as such by the Registrar, as an International non-proprietary names.Relative grounds of refusal:Section 11 of the Trademarks Act, 1999 sets out the relative grounds for refusal of trademarks, which can be grouped under following heads:a) identical or similar to a previous mark with and/or without similar or identical goods;b) Prohibition of use of the trademark under passing off or law of copyright;Statutory defense available under the Act: For registration:a) Honest concurrent use;b) Acquiescence; orc) Prior userAgainst Injunction suit or criminal mattersa) Use in accordance with honest practices in Industrial or commercial matters;b) Parallel Imports;c) Fair use in description of the goods or services; ord) Generic ness.Special Considerations in case of well known mark: As per Section 11 of the Trademarks Act, while considering an application for registration of a trademark and opposition filed in respect thereof the Registrar shalla) protect a well known trademark against the identical or similar trademark.b) take into consideration the bad faith involved either of the applicant or the opponent affecting the rights relating to the trade mark.However this provision shall not effect the trademark if it trademark has been registered in good faith disclosing the material information to the Registrar or where right to atrademark has been acquired through use in good faith before the commencement of this Act.Enforcement of Trademarks Rights: Opposition (before the Registrar) and Cancellation (before the Registrar as well as Appellate Board)Opposition can only be done after publication of the trademark and within 3 months of date of availability of Journal. One month extension is available if sought before the expiry of 3 months time.Cancellation on the ground of non-use for a period of 5 years and 3 months and proof of intention on part of the registered proprietor not to use the trademark at the filing date and nonuse till the cancellation petition.Before the Courts: Ex-parte Injunction, Permanent Injunction, Anton Pillar Order, and /or Arrest and Seizure of goods (irrespective of registration).Assignment/ license:Trademarks are now recognized as a “movable property” under the Indian law and can be therefore assigned/ licensed. A trademark can be assigned with or without the goodwill attached to it.Renewal: The trademarks can be renewed perpetually, are renewable for a period of 10 years on payment of prescribed fees.Express processing: Under Indian trademark law now it is possible to expedite the various proceeding e.g. search, examination etc. by filing a request with prescribed fees. Indian Trademarks law is at par with the International laws and has stringent procedures for safeguarding and protecting interest of the proprietor of mark.

Ref:-1. Sudhir Kumar an Advocate & IPR Attorney practising in India and working with Aswal Associates, Attorneys at Law & Intellectual Property, India.

2.Rahul Dutta :- Patent Attorney

What is Intellectual Property

What is Intellectual Property?
Intellectual Property (IP) refers to the rights granted by law in relation to the fruits of human creative activity. In the context of this policy, it includes copyright, all rights in relation to inventions, registered and unregistered trademarks, registered designs, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.Trademarks A trademark is a sign that individualizes the goods or services of a given enterprise and distinguishes them from its competitors. A trademark must be distinctive and it should not be deceptive. Geographical Indications A geographical indication is basically a notice stating that a given product originates in a given geographical area. Appellation of Origin Appellation of origin is a more precise form of geographical indication, which specifies that the product has qualities that are derived specifically from the fact that it is made in a particular region. Industrial Design An industrial design is that aspect of a useful article, which is ornamental or aesthetic. It may consist of three-dimensional features such as the shape or surface of the article, or two-dimensional features such as patterns, lines or color. Patents A patent (an invention) is an exclusive right granted for any new product, method or process that is useful and inventive. Some inventions, however, cannot be patented such as commercial and mathematical methods, in addition to artistic creations. Trade Names A name used in business or trade to designate the business of the user and to which the user asserts a right to exclusive use. Trade Secrets Trade secret means information, including a formula, pattern, compilation, program device, method, technique, or process, that: (i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Utility Models It is a monopoly right to the exclusive use of a technical solution not reaching the level of inventions. It is like a patent but can last for a shorter period and is at the same time faster and easier to obtain and cheaper to maintain compared with patents. This way of protection is not for inventions but for less sophisticated solutions for the configuration or construction of an article or the arrangement of parts thereof. A utility model is a property, which, like any other business commodity, may be bought, sold, hired or licensed. Integrated Circuit A product, in its final form or intermediate form, in which the elements, at least one of which is an active element, and whereby the interconnections are integrally formed in and/or on a piece of material, which is intended to perform an electronic function. Layout-Design A three-dimensional disposition of the elements composing an integrated circuit, or a three-dimensional disposition specifically prepared to produce an integrated circuit intended for manufacture. Copyright Copyright is concerned with protecting work of the human intellect. The domain of copyright is the protection of literary and artistic works. These include writings, music, works of the fine arts, such as paintings and sculptures, and technology based works such as computer programs and electronic database. Related Rights Related Rights or Neighboring Rights are rights that in certain respects resemble copyright. The purpose of related rights is to protect the legal interests of certain persons and legal entities who contribute to making works available to the public. The overall purpose of these related rights is to protect those people or organizations that add substantial creative, technical or organizational skill in the process of bringing a work to the public. Related rights have been granted to three categories of beneficiaries: performers, producers and broadcasters. Unfair Competition Unfair competition is any act of competition contrary to honest practices in industrial or commercial matters. Plant Varieties A plant varieties right protects new and distinctive varieties of plants by giving its holder an exclusive right to exploitation. We would like to announce that ag-IP-news Agency, is a pilot project that has been exclusively established to cover Intellectual Property news, events and activities. As a member of Talal Abu-Ghazaleh Organization (TAGorg), ag-IP-news Agency will lead the way and move in a parallel line with the fast growing interest in IP domains to fulfill one single mission: to provide our users worldwide with a credible source of news and reports. In addition, the users of ag-IP-news Agency are invited to avail themselves of our news, articles, analysis and information without any prior concerns about fees or subscription since it’s a free of charge service. To maintain professional standards and credibility in covering Intellectual Property issues, an experienced and highly qualified team of journalists is currently running the Agency. Together with professional journalistic skills and vast knowledge in Intellectual Property issues, the team will guarantee instantaneous coverage of IP events through their vast connectivity to the IP society. ag-IP-news Agency aims at realizing the easier said than done job: neutral and objective coverage of Intellectual Property news. The information provided on our website, including reports, features, analysis and events will be available anytime for all users through our easy to function Search Engine. ag-IP-news Agency’s technical team has developed a fast and user-friendly system to accelerate access to information. Our awareness of the growing interest in Intellectual Property issues will be reflected by a high quality service, a wider perspective and in-depth coverage of IP news and events. for more information kindly check our newsletter via www.tagorg.com and www.agip.commarketing.turkey@tagi.comMurat Idal - Ankara, Turkeymarketing.turket@tagi.comABOUT THE AUTHOR: Murat Idal - Ankara, TurkeyMurat Idal - Ankara, TurkeyAbu-Ghazaleh Intellectual Property (AGIP) was established in Kuwait in 1972, under the name of T.M.P Agents in a time when Intellectual Property (IP) protection was still in its early stages of development in the Arab region. However, since our launch, AGIP has consistently been at the forefront of efforts to improve the infrastructure of IP in the Arab world.

Refreances:-
Copyright Abu-Ghazaleh Intellectual Property (AGIP)

New Partnership rule

1. Should a partnership firm be registered?Not necessarily. However, unless a partnership firm is registered with the registrar of firms and societies, the rights of the partners inter se or against strangers cannot be enforced in a court of law. If the partnership deed itself creates, transfers or affects an interest in immovable property.2. Is a partnership deed necessary to form a partnership firm?No, it is not necessary. However it is often prudent to make a partnership deed to produce to the bank, income tax authorities and to clients with whom the partnership firm deals with.3. Can a partnership firm be constituted for a particular business undertaking?Yes. A person may become a partner with another for a single adventure or undertaking.4. Is there a limit on the number of partners in a partnership firm?Yes. If the number of partners is more than 20, it has to be registered as a company. 5. Can a partnership firm be sued in the name of the firm?A person may sue a partnership firm but the plaint has to disclose the name of all the partners who constitute the firm. However under the Income Tax Act, a firm can be assessed to tax independently of its partners. A partnership firm therefore enjoys a quasi independent status.6. Can one deal with one of the partners of a partnership firm?Yes. The law presumes that each partner is an agent of the other and dealing in good faith with one partner binds the other partners as well. There are certain exceptions to this rule, which is answered in the next question.
7. What are the acts that all partners should give express consent to do?Submitting a suit for arbitration, transfer of immovable property, acquisition of immovable property, withdrawal of suits is all forbidden except by the consent of all partners or by the usage of custom to the contrary.8. Is the firm liable for the wrongful act of one partner?Yes. The firm and all the partners are liable for the wrongful act or fraud which causes loss or injury to any third parties. 9. Should a retiring partner give notice of his retirement from the firm?Every partner will be liable for the acts of the firm even if he has retired, if he has failed to give public notice of his retirement. Such notice should be given to the registrar of firms an by announcements in the local official gazette.
10. Does the death of a partner dissolve the partnership firm?Yes. The death of a partner automatically dissolves the partnership firm. It is however usual for the partnership deed to provide before hand that the firm should continue in spite of death, retirement or insolvency of a partner. 11. What is a partnership at will?When the partnership deed does not contain any provision for the duration of the partnership nor conditions for the termination of partnership, it is a partnership at will.12. What is the legal status of partnership property?Any property can be treated as the property of the firm by simply showing it as such in the book of accounts. This would constitute partnership property and all partners are joint owners of the partnership property as increased or decreased by profits in the course of business. Property belonging to an individual partner does not become the firm's property simply by being used for the purpose of the partnership.

Anti-Ragging rule

Strict anti-ragging regulations needed: Dr Raghanvan
In the wake of new academic session and keeping in view the Supreme Court's order for implementation of recommendations on anti-ragging measures, a meeting was held in New Delhi Ensure that ragging does not take place in their campuses in any form..
The Raghavan Committee appointed by the Supreme Court for monitoring the measures to prevent ragging in higher educational institutions met at New Delhi to take stock of the situation and review the progress made by different regulatory bodies and other stakeholders who have been directed by the Court to implement the recommendations of this Committee’s report on anti-ragging measures.
A separate cell has been constituted in the commission to look after the matters relating to ragging in Universities and colleges, informed the representatives from University Grants Commission (UGC). UGC has set up a visiting committee for 11th plan development assistance and this committee shall be responsible to sensitise the institution about the prevention of ragging. Release of grants under various schemes of the UGC should be linked with the compliance by institutions with the directions of the Supreme Court of India in this regard, felt the monitoring committee. The committee also said that incentives by way of higher grants should be provided by the Commission to the higher educational institutions, which ensure that ragging does not take place in their campuses in any form.. The statutory regulatory bodies should direct educational institutions to incorporate in admission notices appropriate messages regarding `zero tolerance’ towards `ragging’, it added.
The Supreme Court has upheld the recommendation that ragging lowered the standards of higher education, and the committee reiterated that each regulatory body responsible for maintaining standards of higher education was required to ensure that the directions of the Apex Court were strictly complied with.
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more >> Wherever any incident of ragging is reported and institutions do not take adequate steps for redressing the grievance, regulatory bodies must conduct inquiries through fact finding committees, the Committee observed.
The fresh academic session 2008-2009 is to commence shortly and the Committee urged the Central government to take immediate steps to take up intensive multi-media publicity campaign in order to reinforce anti-ragging measures as directed by the Supreme Court. Representatives from the UGC, All India Council for Technical Education, Medical Council of India, Dental Council of India, Nursing Council of India attended the meeting.
DR RK Raghavan asked the regulatory bodies to prepare specific and strict regulations to enforce anti-ragging measures in the higher educational institutions. Expressing disappointment over the degree of helplessness shown by the regulatory bodies in eliciting information from educational institutions, he further asked them to take all steps to ensure that educational institutions under the purview become zero tolerance campuses in respect of ragging.

6th pay commission report for UGC scale

No.1-32/2006-U.II/U.I(!)
Government of India
Ministry of Human Resource Development
Department of Higher Education
To
The Secretary,
University Grants Commission,
Bahadur Shah Zafar Marg,
New Delhi - 110 002.
New Delhi, dated the 31St December, 2008
Subject:- Scheme of revision of pay of teachers and equivalent cadres in universities and colleges following the revision of pay scales of Central Government employees on the recommendations of the Sixth Central Pay Commission.
Sir,
I am directed to say that the Government of India have decided, after taking into
consideration the recommendations made by the University Grants Commission (UGC)
based on the decisions taken at the meeting of the Commission held on 7-8 October
2008, to revise the pay scales of teachers in the Central Universities. The revision of pay
scales of teachers shall be subject to various provisions of the Scheme of revision of pay
scales as contained in this letter, and Regulations to be framed by the UGC in this behalf
in accordance with the Scheme given below. The revised pay scales and other provisions
of the Scheme are as under:-
1. General
(i) There shall be only three designations in respect of teachers in universities and
colleges, namely, Assistant Professors, Associate Professors and Professors. However,
there shall be no change in the present designation in respect of Library and Physical
Education Personnel at various levels.
(ii) No one shall be eligible to be appointed, promoted or designated as Professor,
unless he or she possesses a Ph.D. and satisfies other academic conditions, as laid down
by the University Grants Commission (UGC) from time to time. This shall, however, not
affect those who are already designated as 'Professor'.
(iii) The pay of teachers and equivalent positions in Universities and Colleges shall be
fixed according to their designations in two pay bands of Rs. 15600-39100 and Rs.
37400-67000 with appropriate "Academic Grade Pay" (AGP in short). Each Pay Band
shall have different stages of Academic Grade Pay which shall ensure that teachers and
other equivalent cadres covered under this Scheme, subject to other conditions of
eligibility being satisfied, have multiple opportunities for upward movement during their
career.
(iv) Posts of Professors shall be created in under-graduate (UG) colleges as well as in
post-graduate (PG) colleges. The number of posts of Professors in a UG College shall be
equivalent to 10 percent of the number of posts-of Associate Professors in that College.
There shall be as many posts of Professors in each PG College as the number of
Departments in that College. No new Departments shall be created in UG or PG Colleges
without prior approval of the UGC.
(v) Up to 10% of the posts of Professors in universities shall be in the higher
Academic Grade Pay of Rs. 12000 with eligibility conditions to be prescribed by the UGC.
(vi) National Eligibility Test (NET) shall be compulsory for appointment at the entry
level of Assistant Professor, subject to the exemptions to the degree of Ph.D. in respect
of those persons obtaining the award through a process of registration, course-work and
external evaluation, as have been/ or may be laid down by the UGC through its
regulations, and so adopted by the University. NET shall not be required for such
Masters' programmes in disciplines for which there is no NET.
2. Revised Pay Scales, Service conditions and Career Advancement Scheme
for teachers and equivalent positions:
The pay structure for different categories of teachers and equivalent positions
shall be as indicated below:-
(a) Assistant Professor/Associate Professors/ Professors in Colleges &
Universities
(i) Persons entering the teaching profession in Universities and Colleges shall be
designated as Assistant Professors and shall be placed in the Pay Band of Rs.15600-
39100 with AGP of Rs,6000. Lecturers already in service in the pre-revised scale of Rs.
8000-13500, shall be re-designated as Assistant Professors with the said AGP of Rs.
6000.
(ii) An Assistant Professor with completed service of 4 years, possessing Ph.D
Degree in the relevant discipline shall be eligible, for moving up to AGP of Rs. 7000.
(iii) Assistant Professors possessing M.Phil degree or post-graduate degree in
professional courses approved by the relevant Statutory Body, such as LL.M/M.Tech etc.
shall be eligible for the AGP of Rs. 7,000 after completion of 5 years service as Assistant
Professor.
(iv) Assistant Professors who do not have Ph.D or M.Phil or a Master's degree in the
relevant Professional course shall be eligible for the AGP of Rs. 7,000 only after
completion of 6 years' service as Assistant Professor.
(v) The upward movement from AGP of Rs. 6000 to AGP of Rs. 7000 for all Assistant
Professors shall be subject to their satisfying other conditions as laid down by the UGC.
(vi) The pay of the incumbents to the posts of Lecturer (senior scale) (i.e. the unrevised
scale of Rs. 10,000-15200) shall be re-designated as Assistant Professor, and
shall be fixed at the appropriate stage in Pay Band of Rs.15600-39100 based on their
present pay, with AGP of Rs. 7000.
(vii) Assistant Professors with completed service of 5 years at the AGP of Rs. 7000
shall be eligible , subject to other requirements laid down by the UGC, to move up to the
AGP of Rs. 8000.
(viii) Posts of Associate Professor shall be in the Pay Band of Rs.37400-67000, with
AGP of Rs.9000. Directly recruited Associate Professors shall be placed in the Pay Band
of Rs. 37400-67000 with an AGP of Rs. 9000, at-the appropriate stage in the Pay Band in
terms of the conditions of appointment.
(ix) Incumbent Readers and Lecturers (Selection Grade) who have completed 3 years
in the current pay scale of Rs. 12000-18300 on 1.1.2006 shall be placed in Pay Band of
Rs. 37400-67000 with AGP Pay of Rs . 9000 and shall be re-designated as Associate
Professor.
(x) Incumbent Readers and Lecturers (Selection Grade) who had not completed three
years in the pay scale of Rs. 12000-18300 on 1.1.2006 shall be placed at the
appropriate stage in the Pay Band of Rs. 15600-39100 with AGP of Rs. 8000 till they
complete 3 years of service in the grade of Lecturer (Selection Grade)/Reader, and
thereafter shall be placed in the higher Pay Band of Rs.37400-67000 and accordingly redesignated
as Associate Professor.
(xi) Readers/ Lecturers (Selection Grade) in service at present shall continue to be
designated as Lecturer (Selection Grade) or Readers, as the case may be, until they are
placed in the Pay Band of Rs. 37,400-67000 and re-designated as Associate Professor in
the manner described in (x) above.
(xii) Assistant Professors completing 3 years of teaching in the AGP of Rs. 8000 shall
be eligible, subject to other conditions, that may be prescribed by the UGC and the
university, to move to the Pay Band of Rs. 37400-67000 with AGP of Rs. 9000 and to be
designated as Associate Professor.
(xiii) Associate Professor completing 3 years of service in the AGP of Rs . 9000 and
possessing a Ph.D . degree in the relevant discipline shall be eligible to be appointed and
designated as Professor, subject to other conditions of academic performance as laid
down by the UGC and if any by the university . No teacher other than those with a Ph.D.
shall be promoted , appointed or designated as Professor , The Pay Band for the post of
Professors shall be Rs .37400-67000 with AGP of Rs. 10000.
(xiv) The pay of a directly recruited Professor shall be fixed at a stage not below Rs.
43000 in the Pay Band of Rs. 37400-67000, with the applicable AGP of Rs. 10000.
(xv) Ten percent of the posts of Professors in a university shall be in the higher AGP of
Rs. 12000, however, teachers appointed to the posts shall continue to be designated as
Professor. Eligibility for appointment as a Professor in the higher Academic Grade Pay
shall be as may be laid down by the UGC, and such eligibility conditions shall, inter alia,
include publications in peer reviewed/ refereed Research Journals, and the requirement
of at least 10 years of teaching as Professor and post-doctoral work of a high standard.
No person appointed directly as Professor in the AGP of Rs. 12000 shall be fixed at a
stage less than Rs. 48000 along with the AGP.
(xvi) For initial direct recruitment at the level of Associate Professors and Professors,
the eligibility conditions in respect of academic and research requirements shall be as
may be or have been prescribed by the UGC through Regulations and as may be laid
down by the university.
(xvii) Discretionary award of advance increments for those who enter the profession as
Associate Professors or Professors with higher merit, high number of research
publications and experience at the appropriate level, shall be within the competence of
the appropriate authority of the concerned University or recruiting institution while
negotiating with individual candidates in the context of the merits of each case, taking
into account the pay structure of other teachers in the faculty and other specific factors.
(b) Professors in Under Graduate and Post Graduate Colleges:
(xviii) Ten percent of the number of sanctioned posts of Associate Professor in an Under
Graduate College shall be that of Professors and shall be subject to the same criterion
for selection/ appointment as that of Professors in Universities, provided that there shall
not be more than one post of Professor in each Department; and provided further that
One-fourth (25%) of the posts of Professor in UG Colleges shall be directly recruited or
filled on deputation by eligible teachers and the remaining three-fourths (75%) of posts
of Professors shall be filled by merit promotion from among eligible Associate Professors
of the relevant department of the Under Graduate College. Identification of posts of
Professor in an Under Graduate College for being filled through direct
recruitment/deputation shall be within the competence of the University acting in
consultation with the College. Where the number of posts of Professor worked out as a
percentage of the number of posts of Associate Professor for merit promotion or direct
recruitment/ deputation is not an integer, the same shall be rounded off to the next
higher integer.
(xix) There shall be one post of Professor in each Department of a Post Graduate
College and shall be subject to the same criterion for selection/ appointment as that of
Professors in Universities, provided that One-fourth (25%) of the posts of Professor shall
be filled on deputation/direct recruitment from among eligible teachers and the
remaining three-fourths (75%) of posts shall be filled through merit promotion from
among the eligible Associate Professors in the relevant department of the Post Graduate
College. Identification of posts of Professor in a Post Graduate College for being filled
through direct recruitment/deputation shall be within the competence of the University
acting in consultation with the College. Where the number of posts of professor for merit
promotion or direct recruitment/ deputation worked out as a percentage of the total
number of posts in a Post Graduate College is not an integer, the same shall be rounded
off to the next higher integer. The UGC shall issue separate guidelines to ensure
availability of minimum standards of academic infrastructure (library, research facilities
etc.) for starting Post Graduate Courses in Colleges.
3. Pay Scales of Pro -Vice Chancellor/ Vice Chancellor of Universities:
(i) Pro-Vice-Chancellor
The posts of Pro-Vice Chancellor shall be in the Pay Band of Rs.37400-67000 with AGP of
Rs. 10000 or Rs. 12000, as the case may be, along with a Special Allowance of Rs.4000
per month, subject to the condition that the sum total of pay in the Pay Band, the
Academic Grade Pay and the Special Allowance shall not exceed Rs. 80,000.
(ii) Vice Chancellor
The posts of Vice Chancellor shall carry a fixed pay of Rs. 75000 along with a Special
Allowance of Rs. 5000 per month.
4. Pay Scales of Principals in Colleges:
(i) Principal of Under Graduate Colleges
Appointments to the posts of Principal in Under Graduate Colleges shall be based on the
conditions of eligibility in respect of educational qualifications and teaching/research
experience laid down by the University Grants Commission and if any by the university
from time to time. The posts of Principal in Under Graduate Colleges shall be in the Pay
Band of Rs.37400-67000 with AGP of Rs.10000, plus a Special Allowance of Rs. 2000 per
month. All Principals in service shall be appropriately fixed in the Pay Band with the AGP
of Rs. 10000.
(ii) Principal of Post Graduate Colleges
Appointments to the posts of Principal in Post Graduate Colleges shall be based on the
conditions of eligibility in respect of educational qualifications and teaching/research
experience laid down by the University Grants Commission and if any by the university
from time to time. Posts of Principal in Post Graduate Colleges shall also be in the Pay
Band of Rs.37400-67000 with AGP of Rs.10,000, plus a Special Allowance of Rs. 3000
per month. All Principals in service shall be appropriately fixed in the Pay Band with the
AGP of Rs. 10000.