“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 Bengaluru, Karnataka, 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 Bengaluru, Karnataka 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 Bengaluru, Karnataka 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 Bengaluru, Karnataka, 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 Bengaluru, Karnataka.
  • 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 Bengaluru, Karnataka 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 Bengaluru, Karnataka

Any one of the following may make an application for IPR registration in Bengaluru, Karnataka-

  • 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 Bengaluru, Karnataka-

  • 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 Bengaluru, Karnataka

Karnataka has successfully been able to establish itself as a nucleus of the Knowledge, innovation and research in the Asian region, with more than 400 super technologically equipped R&D centres functioning here perfectly. It is the largest exporter of software in India, which makes it the principal in the technological sector in the country. This became the first ever state to roll out its Aerospace policy as a result now aircrafts and space craft ventures based here contribute about 65% of aerospace linked exports from Indian region. It could develop Hi-tech Defence and Aerospace Park in a sprawling area of 1,214 ha equipped with superior infrastructure adjacent to Kempagowda International Airport, Bengaluru which includes 102 ha area of Aerospace SEZ. Country’s first private Aerospace SEZ of 121 ha area which is developed and established by the headquarter office of Aequs Global at Karnataka.

The state is well looped with all the central markets of the world with the help of 2 international airports. 300 km of coastline stretched on the eastern part of the state along with a major port at Mangaluru provides exposure to the sea route as well. It is privileged to come under Chennai-Bengaluru Industrial Corridor and Bengaluru-Mumbai Economic Corridor and gain all the supplementary benefits of the crossover. With strong infrastructural base of Pavagada Solar Park which is the largest in the country with an installed capacity of 2000 MW, however till now only 1400 MW is operational, i.e. still there is a scope for further expansion.

In totality Karnataka is a most enduring destination for investments for a variety of sectors like heavy machinery, auto-electronics, textile industries and food processing industries. Coffee is the state product and makes it the largest producer of coffee in India. Karnataka is the fourth largest contributor in the national export basket amounting to around $17.4 bn in 2018-19 i.e. approximately 5.3% of the total export corpus of the country. The exorbitant privileges of the state and steep growth in each and every sector brought inflow of $40.7 bn FDI during 2000 to 2019 which makes it the third highest.

Investment opportunities in Karnataka value nearly $719.97 bn, comprising of 936 projects out of which 22 are private and 914 are owned by the Government, with 177 promoters involved, spread across 31 districts which makes Karnataka a lucrative choice among investors in the commercial, technological and industrial segments.

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 Bengaluru, Karnataka-

Modes of IPR registration in Bengaluru, Karnataka-

  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 Bengaluru, Karnataka. For offline registration in Bengaluru, Karnataka, 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 Bengaluru, Karnataka has simplified the process of registrations and renewal of registration of the IPR in Bengaluru, Karnataka. Here, is the step-by-step process of the online registration process in Bengaluru, Karnataka-

Step 1– Doing a preliminary search on your part

Before making an application for IPR registration in Bengaluru, Karnataka, 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 Bengaluru, Karnataka 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 Bengaluru, Karnataka, 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 Bengaluru, Karnataka

  • 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 Bengaluru, Karnataka

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.