Friday 25 March 2016

IPR Workshop

A TTG Student Group report of the 22nd March, 2016 IPR Workshop held at S. N. Bose Auditorium, IIT Kharagpur:



Welcome SpeechProf.Sunando Dasgupta, Dean SRIC, IIT Kharagpur:  Prof. S. Dasgupta explained the benefits of having intellectual property rights in brief and introduced the speakers. The youtube video of Dean's speech follows. 

 

A brief introduction of Technology Transfer Group:
Mr. Mervyn Pereira, Head at Technology Transfer Group, third year undergraduate student, Department of Chemical Engineering, IIT Kharagpur. He explained research faculty and students the invention discloure process followed and support extended by IPR Office and role of TTG.
                   


ExpertSpeak: Dr. S.K.Mitra, Deputy Controller, Patents and Design, Patent Office, Kolkata

Dr. Mitra explained the whole of process of Industrial Design Registration starting from application to more detailed procedural steps. He introduced the concept of Industrial Design by stating and explaining the definition of the same. He made the attendees aware of the benefits of industrial design and how a small change in design can also be considered a new intellectual property. He compared the chances of getting a patent to getting an intellectual right over industrial design and also stressed on alarmingly low number of design registrations despite of such huge benefits. He made attendees realize the importance and need for increasing industrial design registrations from the institute and from India as a whole. According to Dr. Mitra, "there are growing number of Industrial Design registrations in the rest of the world particularly in western countries and Japan which is contributing to their increasing intellectual wealth. The registrations in India have also seen an increase but it isquite less as compared to patent registrations and other intellectual property registrations but seeing the growing popularity, the current situation is expected to change for the better. The Designs Act is often thought to be unnecessary because of the presence of the Patents Act but it is not the case. The Designs Act, 2000 is a major motivation to a better design analysis by the researchers and it is necessary because it covers all the aspects required for anundisputed Design Registrations. The Designs Act also defines a number of concepts related to Industrial Design". He explained a number of definitions related to Industrial Design particularly the 'Prohibited Design'. In his own words "A design which is created by modifying an existing design and has introduced only minor changes in the design which do not add any value to the product is a prohibited design for registration. It is not considered to be a new design". He thereby answered to a number of queries that are very often. Dr. Mitra hopes to see a growth in number of Industrial Design Registrations through the institute as was evident from his concluding words.


Dr. S. K. Mitra giving talk on Industrial Design concept

Prof. S. Matilal, RGSOIPL, IIT Kharagpur
     Prof. S. Matilal made the attendees aware of the rights of a copyright holder. As stated by him a copyright holder has a right to publish, distribute and also to take legal action against those who infringe his/herrights. He explained further, "The infringement of copyrights is a serious issue and Research Scholars should be careful while using materials from an external source in their work. If proved, infringement of copyrights can lower their prestige as a researcher and the copyright holder can take legal action against them. If any copyright infringement has been found to be happening in the knowledge of the institute then it can be serious blow to prestige of the institute and can also led to any further legal actions against the institute." He explained different scenarios of copyright infringement and also explained how the copyright holder can take legal action in such cases. Further in his speech, he explained how to use a copyrighted material fairly which is also termed as a "Fair use" of material in the literature of Intellectual Property laws. As stated by Prof. Matilal "Deciding if a use of copyrighted material is fair or not is completely dependent on the court. Something that we think to be fair use can be a case of infringement and something that appears to be an infringement can also be a fair use if appropriate arguments for its use are provided". He concluded the talk by giving an example of a legal action taken by big entertainment company against a women for using a copyrighted music as background music in a small video of her kid. He told, "She accepted the legal fight and court considered her case to be fair use, which explains that fair use is completely a court decision".


Prof. S. Matilal giving talk on copyrights

Prof. M. Padmavati, RGSOIPL, IIT Kharagpur
     Prof. M. Padmavati focused on the novelty aspect of research work which is the essential element for a patent application to be accepted. As described by her, "if a work is to be patented then it must be novel. Before applying for patents, the applicant must try to do an exhaustive prior art search. 'Prior Art' search is the search for any earlier work in the field which is  similar to your work and which can be a reason for refusal of your patent application due to lack of novelty. There are a number of patent databases other that the Indian patent database which can be used for prior art search but the most useful are databases of USA, European region and Japan because these are  the regions where a large number of patent are filed every year. If the work passes through this test then it can be considered to have a global novelty and it is most suitable to be patented". She stressed on the most significant aspect of patent filing and provided an orientation to attendees who are willing to go for patenting of their work.



Dr. M. Padmavati giving talk on importance of novelty  search

Prof. Rabribrata Mukherjee, Department of Chemical Engineering, IIT Kharagpur
     Prof. Rabribrata Mukherjee is himself a researcher and has got a number of patents for his works. He focused on how researchers can manage the publication of work along with filing a patent for it. He avoided discussing the legal part of patent filing and was speaking as a fellow researcher with the attendees. He shared his experience of his earlier research works and how he got them patented. He also stressed on the novelty aspect of the work and described it as the most important criteria for a work to get patented. Further, he explained the benefits of having a patent and focused on the point that a researcher should have a right over his/her work to avoid the use of his work without his knowledge. He concluded the talk with stating that the scholars should avoid copying work from external sources to boost his/her work because it can lower the research ranking of the institute, if proved.


Prof. R. Mukherjee giving a talk on managing of publications and patents together

Query Session with the panel of guests:


Dr. S.K.Mitra, Deputy controller, Patents and Design, Patent Office, Kolkata(first from right) answering queries of attendees; also seen (from left) Prof.Rabibrata Mukherjee, Prof.S.Matilal, Dr.M.Padmavati.

A good response was seen during the query session. A number of students came forward to ask questions to the panel which responded flawlessly to all the queries. Many of queries were regarding the concept of Industrial Design and about what can be included in it. 





                                         Attendees asking queries to the panel