“Creativity is a unique ability of human mind and has given rise to various inventions and innovations in the human world paving the world to become the place it is”. Therefore, to prevent such creative ideas from being stolen or taken away by any other person, such creative ideas and inventions need to be recognized and protected as Intellectual Property Rights commonly known as IPRs. The World Intellectual Property Rights Organization (WIPO) is an international organization with at least 193 member nations and is responsible for the protection and promotion of IPRs among the member nations.

According to WIPO, Intellectual property refers to the various creations of the mind that includes literary & artistic work, designs, tradenames, symbols, images, trade secrets, and geographical indications and their descriptions for a bunch of collective intangible rights owned and legally protected by its original creator or any legal representative or assignee without whose permission any use of the rights may lead to an offense under the applicable law. In Nagpur, Maharashtra, various acts, rules, and regulations define each category of intellectual property and further provide guidelines for their registration, transfer of rights, renewal, and cancellation. These laws have been based on the very fact that any form of the human intellect which is not obvious should be provided with similar protection rights as that of the physical property. Most of the developed nations of the world have IPR laws to afford protection for the products of inherent creativity and labor of human minds.

The role and importance of a legal framework for IPR protection have been emphasized in the Trade-Related Intellectual Property Systems (TRIPS) Agreement that was established by the World Trade Organization (WTO) at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) treaty in 1994.

Before going further about the legal aspects of the IPR protection regime under Nagpur, Maharashtra Laws, let us know a little about the various types of intellectual property rights and the Acts under which they have been afforded protection and other benefits under the Nagpur, Maharashtra laws-

Types of intellectual property

  • Copyright-Literary or artistic creations of the mind such as books, technical drawings, music, sound recordings, films and documentaries, computer programs and databases, paintings and sculptures, etc. may seek protection as an ‘intellectual property right’ known as a ‘Copyright’.In Nagpur, Maharashtra, the Copyrights Act 1957 and rules provide for the legal provisions regarding registration, transfer, and protection of Copyrights.
  • Patents- An invention that is non-obvious, novel, and is further capable of industrial application could upon registration be recognized as a ‘Patent’ rights. The Patents Act 1970 and related rules provide for the legal provisions regarding registration, transfer, and protection of the Patent Rights.
  • Trademarks- Such names, brand labels, marks, or symbols that help to create a unique identity for the concerned products or services and distinguish them from other goods or services among customers are afforded protection as a ‘Trademark’(TM). The Trademarks Act 1999 and rules provide for the legal provisions regarding their registration, transfer, and protection.
  • Industrial Designs-Creations of the human mind that constitutes the ornamental or aesthetic aspects of any articles are recognized and registered as a ‘Design’. Such designs may either include two –dimensional features such as patterns or lines or maybe three–dimensional features such as the shape or surface of an article. The Designs Act 2000 and rules provide for the definition, registration, and other related provisions of Designs in Nagpur, Maharashtra.
  • Geographical Indications – Indications of any specialty of any unique features of any geographical area or any appellation of the origins etc. are used as a specific sign to distinguish goods or products from any particular area that have such qualities or characteristics that could be solely attributed to that area are registered as ‘Geographical Indications’ under Nagpur, Maharashtra laws. The Geographical Indications Act 1999 provides for the registration and protection of this category of intellectual property and it cannot be transferred. Darjeeling tea, Kashmiri shawls, Kohlapuri chappals, Dehradun basmati, etc. are examples of some Geographical indications.

IPR Registration ProcessEligibility for IPR Registration in Nagpur, Maharashtra

Any one of the following may make an application for IPR registration in Nagpur, Maharashtra-

  • The original author/inventor/proprietor of the creative work/invention;
  • Any person authorized by the former to make an application (authorized agent/representative) or legal representative where the former is dead;
  • Any person to whom the rights related to the creative work/invention have been transferred by the original author/inventor (Any assignee);

Documents Required for IPR Registration in Nagpur, Maharashtra-

  • Details of applicant & the applicant business entity along with proof of identification (wherever applicable);
  • Details of the work which needs protection under laws(either with provisional or complete specification);
  • Copies of the original work (hard copy & soft copy) wherever applicable;
  • Drawings of the work (in case of patent application);
  • Undertaking/declaration copy signed by the applicant in case of copyright;
  • Any class or sub-class under which registration is sought by the applicant (in case of TM);

Process of IPR RegistrationProcess of IPR Registration in Nagpur, Maharashtra

Maharashtra is the 3rd biggest state in terms of geographical area, i.e. 9.4% of the total area of the country. The state lies on the West coast and is well connected with in the country by a dense network of roadways stretching around 3,09,000 km and railway linkage of around 6,210 km within the state. It marks a strong presence on the air map with 4 international and 7 domestic airports. The shoreline of the state is nearly 720 km, with 55 ports which facilitate transportation of 22% of the total cargo transport of the country. Jawahar Lal Nehru Port Trust (JNPT) is located here and is linked with 46 Inland Container Depots (ICD), 34 Container Freight Stations (CFS). The state supports it’s industries with the installed power generating capacity of 43,000 MW.

The state has the highest GDP, 2nd highest FDI inflow during 2020-21 at 28% in the country and Ranks No. 1 in Export Preparedness Index in 2020. FDI for the period Oct -2019 – Sept 2020 aggregated over $10.8 Bn and for the period Oct -2019 to March 2021 the state’s contribution for the FDI was nearly $23.43 Bn. Mumbai, the state capital is popularly known as the Financial Capital of India and is home to most headquarters of all major corporate and financial institutions.

Information Technology is one of the key sectors of the state, accounting to more than 20% of the country’s software exports. Pune, Aurangabad, Nashik and Kohlapur are the major export cities from the region. The government has developed 37 IT parks and also approved 472 others and the State’s Industrial Policy offers policies regarding various infrastructural investments like exemption on filing patents and Knowledge Parks etc.

Maharashtra holds 30.5% share in industrial output of ESIDM sector. The state also has 3 Electronic Manufacturing Clusters (EMC) in Pune, Aurangabad and Navi Mumbai, with facilities for testing and R&D. Well established ESDM hubs are located in Khed and Talegaon in Pune. They enjoy locational benefits of being directly connected to JNPT and Mumbai port, the largest ports of the country.

With a robust presence, Maharashtra shares 35% of the total output of Automobiles by value with the assistance of committed manufacturers and a network of component suppliers and vendors. Major centres are located in Pune, Aurangabad, Nashik and Nagpur.

The state is the major producer of Arhar and Jowar, contributing 29.11% and 46.09% respectively to the aggregate yield of the country. Ranks #2 in the production of bananas, cashew, pulses, cotton and sugarcane. This region tops the chart in the production of Grapes and provides stimulation to the grape processing and wine industry with the help of dedicated wine policy and wine parks. 8 Food Parks and 3 Floriculture Parks with superior facilities are established here. Thus, Food Processing industry in the state is worth $158 Mn by way of 173 projects initiated during the years 1992-93.

An ace producer of cotton, bamboo and silk fibers, textile sector generates 2nd highest employment opportunities in the zone after agriculture. 14 private and 10 government textile parks are set up with plug and play facility. The government has launched Textile Policy to ensure various incentives to the sector by way of tax exemption, interest subsidy and up gradation subsidy, with a mission to generate 1 mn new job prospects by year 2023. Bombay High is the largest producer of offshore oil in India. Bollywood, world’s largest film industry in term of viewership is based out of Mumbai.

With a fairly good sex ratio in the state, 929 females per 1000 males. 66% of the total population of the region falls between the age group of 15-59 years and is the 2th most populous state of the country, with 112.4 million citizens residing i.e. nearly 9% of the country’s population, which is equivalent to the population of Mexico on their 1/6th of their land area. This state has 1 Central University, 23 State Universities, 21 Deemed Universities, 14 Private Universities, 885 Engineering Colleges, 227 Business Management Institutes, 438 Pharmacy Colleges and 474 Industrial Training Institutes.

The aggregate value of investment opportunities in Maharashtra is nearly $815.58 bn, comprising of a total of 1195 projects out of which 45 are private and 1150 are Government owned projects, with 242 promoters involved, spread across 39 districts of the state, which makes Maharashtra a perfect breeding ground for developmental projects in the commercial segment. Prestigious Government schemes are also running here like Pradhan Mantri Awaas Yojana Gramin which values about $59.38 bn, Pradhan Mantri gram Sadak Yojana Project costs a whooping amount of $50.24 bn, Wind Power Project worth $56.47 bn and Solar Power Project with aggregate value of $63.57 bn.

Apart from protecting the IPR laws, registration of articles of human creation allows unique identity to the same through public notice of the owner of the IP and his creation, allows him to monetize from his creations, and gives him a right to bring a cause of action in a court of law and obtain compensation for any unauthorized use of the intellectual property. Though registration of an IPR is a timely process, avoiding registration means no protection or no rights, as IPR laws do protect the “expression of any creative idea or invention and not the idea itself”. There are two modes of IPR registration in Nagpur, Maharashtra-

Modes of IPR registration in Nagpur, Maharashtra-

  1. Offline Registration– For the convenience of the owners of creative ideas or proprietors may either opt for the offline or online process of IPR registration in Nagpur, Maharashtra. For offline registration in Nagpur, Maharashtra, they will be required to download the registration from the IPR portal fill the form along with the necessary attachments and registration fee, and submit it to the regional IPR office.
  2. Online Process registration-For the convenience of the owners of creative ideas or inventions, the Govt. of Nagpur, Maharashtra has simplified the process of registrations and renewal of registration of the IPR in Nagpur, Maharashtra. Here, is the step-by-step process of the online registration process in Nagpur, Maharashtra-

Step 1– Doing a preliminary search on your part

Before making an application for IPR registration in Nagpur, Maharashtra, each applicant must do some preliminary research on his/her part to search if the proposed intellectual property is already registered or is in the process of registration or not. Failing to do so may sometimes extend the process of registration which is already a long drawn process. Whereas making some investigation on your own, such as trademark search or patent research will not only help to create a unique intellectual property but also help in the expedition of the process.

Step 2- Fill out the application form

Go to the online portal by accessing the website (https://ipindiaonline.gov.in/eregister/eregister.aspx) for registration for (Trademark, Patent, Designs, and Geographical Indications) and for (https://copyright.gov.in/UserRegistration/frmLoginPage.aspx) for copyright registration in Nagpur, Maharashtra and create a user id and password, and file the application form along with the prescribed details along with necessary application fee.

Step 3- Analysis and examination of the application by the Examiner

On receipt of the application for IPR registration in Nagpur, Maharashtra, the examiner will do the preliminary evaluation of the application for any discrepancy or error in the applicant and notify any rectifications to be made through e-mail. After the rectification of the errors, the examiner will be required to publish the application in the official journal of IPR to invite any objections against the registration of IPR.

Step 4- Communication of Objections and hearing and subsequent publication

On receipt of any objection from any third party, the Examiner will note down the objections and communicate the same to the applicant and may also cause a hearing. If the applicant eliminates all the objections to the satisfaction of the examiner, the Examiner may decide the application to be published as “Accepted” in the official journal within three months from the date of such acceptance. Where the examiner is not satisfied, he may reject the registration application or the applicant may withdraw the same.

Step 5- Opposition of registration

After the publication of the IPR in the journal, any IPR proprietor or inventor may file a ‘notice of opposition to the Examiner providing the cause that the concerned creative/inventive work is “too similar” with his/her intellectual property and allowing registration will be harmful to his business or against his rights, within three months from the date of publication.

On receipt of the ‘notice of opposition’, the Examiner may either conduct a further hearing or may seek a “Counter-claim” from the applicant specifying reasons ‘why the application must be allowed to be registered’. If the applicant fails to submit the counter-claim within the specified period, the application shall be deemed to be withdrawn. However, if the applicant submits a counter-claim along with supporting documents and satisfies the Examiner that all objections have been sorted out, the Examiner will accept registration and allowed the application to be allowed as “Registered” in the official journal.

Step 6- Grant of Registration Certificate

In the final step, on acceptance of the application, the Registrar will enter IPR details in its register along with the IPR details, name, address, and contact details of the owner of the IPR and will further issue a ‘Registration’ certificate which can be downloaded online by the registered IPR owner from the online portal.

Time Involved, Validity, and Govt. Fees for Registration

Category of IPR Govt. Fees Period Validity
Trademark Registration

· For individual/start-up/small scale business

· For other than above

 For Physical Filling- Rs. 5000

For e-filling- Rs. 4500

 

For Physical Filling –Rs. 10,000

For e-filling- Rs. 9500

 18-24 months 10 years
Copyright Registration Rs. 5,000/- per work(for a certain category) 45-60 days 60 years from the date of registration;
Designs

Registration

· For individual/start-up/small scale business

· For other than above

 

  

 

 

Rs. 1000

 

 

Rs. 4000

 

 

  

 

 

 

3-6 months

  

 

 

10 years from the date of registration;
Patent Registration

· For individual/start-up/small scale business

· For other than above

 For Physical Filling- Rs.1750

For e-filling-Rs. 1600

For physical Filling-Rs. 8000

For e-filling-8800

 2-3 years (under normal process)

1-1.5 (under expedited process)

 20 years from the date of filling application;
Geographical Indication Registration Rs. 5000 6months-1 year 10 years

Benefits of IPR Registration in Nagpur, Maharashtra

  • Encourages Creativity & Innovation– Creativity and invention is a long continuous process and has eased human life for the better. Innovations in the existing products or processes and the creation of distinct products, goods, or services will help the proprietor to earn better revenues and will help in the economic development of the country.
  • Helps to stand out among competitors

Novel technologies, creativity, and innovation are always cherished by the customers in the relevant market. Therefore, getting patronage of customers could be a huge reward for a business entity and can eliminate the existing competitors or even limit competitors in the relevant market.

  • Provides business opportunities & higher profits in Nagpur, Maharashtra

Registration of creative work or invention not only allows unique recognition to the owner but also allows him to reap the benefits of his hard work and labor. The IPR so registered could be transferred in the form of rent, lease, license, etc. or assigned to any other person either wholly or in part and exchange of a license fee or royalty to the IPR owner or could be sold in the market to increase profits and improve market share by the business entity.

  • Access to finances from sponsors & Investors

An improvement over the existing technology, innovation to bring a better product or service with better prospects is beneficial for the business and will attract the attention of the sponsors and investors in the market. Thus, IPR owners will have the access to funds and finances from such investors and sponsors for funding their businesses or meeting any business requirements.

  • Legal Course of Action for infringement

Finally, where any owner or proprietor has registered any intellectual property and any person makes any unauthorized use of the same, such action can invite legal action, and such person making an unauthorized use will be liable to pay compensation to the owner in addition of legal fees of the attorney and court expenses.