1. INTRODUCTION: The Berne Convention
An international agreement about copyright
First adopted in Berne, Switzerland in 1886
Initiated by French author Victor Hugo

2. INTRODUCTION: The Berne Convention
Influenced by the French concept of
“right of the author" (droit d'auteur)
Contrasts with the Anglo-Saxon concept of "copyright", which concerns only economic protection

3. HISTORY: The Berne Convention
Prior to the Berne Convention, national copyright laws only applied within each country.
A work published in London by a British national would be protected by copyright in the UK, but could be copied and sold by anyone in France, and vice versa.

4. HISTORY: The Berne Convention
It followed in the footsteps of the Paris Convention of 1883, which created a framework for international protection for patents, trademarks and industrial designs.

5. HISTORY: The Berne Convention
Till July 2006 the Berne Convention had162 signatories
But all member nations of the WTO, are required to accept almost all of the conditions of the Berne Convention.

6. Revisions of The Berne Convention
1st revision in Paris in 1896
2nd revision in Berlin in 1908
Completed in Berne in 1914
3rd revision in Rome in 1928
4th revision in Brussels in 1948
5th revision in Stockholm in 1967
6th revision in Paris in 1971
Amended in 1979

7. The United States and The Berne Convention
US refused initially to become a party to the Berne Convention
Berne Convention Implementation Act of 1988 came into force in the United States
Through this legislative change US became a party to the Berne Convention on March 1, 1989

8. Content of The Berne Convention
Signatories must protect the copyright on works of authors from other signatory countries
System of equal treatment internationalised copyright amongst signatories
Member states to provide strong minimum standards for copyright law 

9. Content of The Berne Convention contd.
Copyright under the Berne Convention must be automatic
Requirement of formal registration is prohibited
But the US makes statutory damages only available for registered works  

10. Content of The Berne Convention contd
All literary works shall be protected for at least 50 years after the author's death
Parties are free to provide longer terms of protection

11. Content of The Berne Convention contd
For photography minimum 25 years protection from the year of its creation
For cinematography minimum 50 years protection after first showing or creation

12. Content of The Berne Convention contd
Copyright law of the country where protection is claimed shall be applied
The term shall not exceed the term fixed in the country of origin of the work
An author normally not entitled longer protection abroad than at home, even if the laws abroad give longer protection.

13. Summary of the Berne Convention 3 Basic Principles of the Convention
Principle of “national treatment”:
Works originating in one of the contracting States must be given the same protection in each of the other contracting States as its own nationals

14. Summary of the Berne Convention 3 Basic Principles of the Convention
Principle of “automatic protection”:
Such protection must not be conditional upon compliance with any formality

15. Summary of the Berne Convention 3 Basic Principles of the Convention
Principle of “independence of protection”:
Such protection is independent of the existence of protection in the country of origin of the work

16. INTRODUCTION TO THE PATENT COOPERATION TREATY (PCT)

17. IMPORTANT TO KNOW
PATENT A TERRITORIAL RIGHT: Patent right is enforceable only in the country of issue.
DESIGNATION: Selection of the Country in PCT request form where the applicant want to obtain the Patent
ELECTION: Selection of the Country out of designated countries in PCT prelim. examn. form request form where the applicant want to obtain the Patent
SEARCH: An important part of the Patent application examn. to check whether the invention is novel or not.
PRIORITY DATE: the date of disclosure of the invetion, the protection for invention starts from P.D.
INT. FILING DATE: the date of filing an international application & it is the priority date for the invention & also the date of Patent for the designated countries

18. ROUTES TO FILE A PATENT APPLICATION
TRADITIONAL ROUTE
THE PATENT COOPERATION TREATY ROUTE

19. TRADITIONAL PATENT SYSTEMS
Months 12
File Applications
Abroad
File Application
Locally 19

20. TRADITIONAL PATENT SYSTEM REQUIRES
FOR APPLICANTS: Expenses for -translations -patent attorneys -payment of fees for each Patent Office all at a time Often without knowing whether he is likely to obtain a patent
FOR EACH PATENT OFFICE: -formal examination -search -substantive examination

22. THE PCT (the Patent Cooperation treaty)
Adopted in 1970 in Washington
Entered into force on
Became operational on with 18 contracting states
As on today total 128 states are the member
India joined PCT on
THE PCT IS AN AGREEMENT FOR INTERNATIONAL COOPERATION IN THE FIELD OF PATENTS.
IT IS A TREATY FOR RATIONALISATIONS AND COOPERATION WITH REGARD TO THE FILING, SEARCHING & EXAMINATION OF PATENT APPLICATIONS AND THE DISSEMINATION OF THE TECHNICAL INFORMATION CONTAINED THEREIN.
The PCT is administered by IB, WIPO, Geneva, Switzerland

24. LIMITATION OF THE PCT SYSTEM
PROVIDES PROTECTION FOR INVENTIONS BY APPLYING FOR PATENTS
DESIGN & TRADEMARK PROTECTION CANNOT BE OBTAINED VIA PCT

25. PCT SYSTEM CONSISTS OF:
1. AN INTERNATIONAL PHASE, COMPRISING: (30/31 MONTHS LONG) * FILING OF INTERNATIONAL APPLICATION * * INTERNATIONAL SEARCH *** INTERNATIONAL PUBLICATION **** INTERNATIONAL PRELIMINARY EXAMINATION (optional) A NATIONAL / REGIONAL PHASE,BEFORE: * DESIGNATED OFFICE ** ELECTED OFFICE.

26. IN PCT SYSTEM NO PATENT IS GRANTED DURING THE INTERNATIONAL PHASE.
THE PATENTS ARE GRANTED IN THE NATIONAL PHASE BY THE NATIONAL PATENT OFFICES WHICH IS ENFORCEABLE IN THAT COUNTRY ONLY .
THERE IS NO PCT PATENT

27. PCT TIMELINE-A(before 1.1.04)
30/31
ENTRY
IN N.P.Ch I
INT. PUBLICATION 12 16
NO REQUEST
FOR EXAMN. 28 18
MONTHS
30/31
FILE INTERNATIONAL
APPLICATION
PRELIM
EXAMN
REPORT
ENTRY IN
NATIONAL PHASE
Ch II
FILE
APPLICATION
LOCALLY
NON PCT APPLICATION
INT. SEARCH
REPORT 19
FILING REQUEST
FOR PRELIM
EXAMN.

28. PCT TIMELINE-B(before 1.1.04)
30/31
ENTRY
IN N.P.Ch I
INT. PUBLICATION 9 28 18
NO REQUEST
FOR EXAMN.
MONTHS
30/31
FILE
INTERNATIONAL
APPLICATION
INTERNATIONAL
SEARCH REPORT
PRELIM
EXAMN
REPORT
ENTRY IN
NATIONAL PHASE
Ch II 19
FILING REQUEST
FOR PRELIM
EXAMN.

29. COMPETENT RECEIVING OFFICE (Article 10, Rule 19)
THE PATENT OFFICE CALCUTTA & ITS BRANCH OFFICES AT MUMBAI, CHENNAI,NEW DELHI (RO/IN) &
INTERNATIONAL BUREAU (RO/IB) 29

30. LANGUAGE OF FILING (Rule 12)
RO/IN--ENGLISH OR HINDI
RO/IB--ANY LANGUAG

31. ELEMENTS TO ACCOMPANY THE INTERNATIONAL APPLICATION
REQUST(PCT/RO/101)--Article 4
DESCRIPTION --Article 5
ONE OR MORE CLAIMS -- Article 6
ABSTRACT --Rule 8
DRAWING (where applicable) Article 7
FEES --Rules 14,15&16
PA/GPA(where applicable) --Rule 90 (not necessary as per pct amendment )

32. NO.OF COPIES REQUIRED [Rule 11.1(b)]
RO/IN * FOUR COPIES OF EACH OF REQUEST,DESCRIPTION,
CLAIMS,DRAWINGS & ABSTRACT IF FILED AT POB,Mumbai, Chennai,NewDelhi
* THREE COPIES OF EACH DOCUMENT AS MENTIONED ABOVE IF FILED IN P.O. , CALCUTTA
RO/IB--ONE

33. FUNCTION OF RECEIVING OFFICE
INTERNATIONAL APPLICATION FOR PATENT UNDER PCT
ACCORDING INT. FILING NO. & DATE
PROCESSING/ CHECKING OF ESSENTIAL REQUIREMENTS WHICH AFFECTS THE I.F.D.
AND OF OTHER FORMAL & PHYSICAL REQUIREMENT
of SAID APPLICATION
--TRANSMITTING * RECORD COPY TO IB **SEARCH COPY TO ISA, (CHOOSEN BY APPLICANT ) ***APPLICABLE FEES TO APPROPRIATE AUTHORITY
R.O. DOES NOT PERFORM SUBSTANTIVE EXAMINATION

34. INTERNATIONAL FILING DATE: ARTICLE 11
CONDITIONS FOR ACCORDING
INTERNATIONAL FILING DATE:
ARTICLE 11
i) Applicant –resident or national of India ii) Application –in English or Hindi iii) Elements to accompany the application, a) a request b) applicant’s name & address c) description d) one or more claim(s)
e) Designation of atleast one PCT
contracting state(designation to all pct contracting states are automatic now as per pct amendment)

35. Physical requirements of international application (Rule 11)
A4 size paper for all sheet
Line spacing: 1.5 cms for pages of text in description, claim & abstract
Minimum & maximum margins for the sheets and drawing as explained in the next slide
Drawings: should not contain text matter in the drawings, so as to avoid problem of translation for national phase

36. Margin requirements for text (Rule 11)

37. Margin requirements for drawing

38. NATIONAL SECURITY MATTERS (Rule 22 & Section 330 of A.I.under PCT)
AT THE PATENT OFFICE, CALCUTTA ALL INTERNATIONAL APPLICATION FOR PATENT ARE REFERRED TO THE EXPERT COMMITTEE FOR REVIEW OF NATIONAL SECURITY MATTERS, AND IF NATIONAL SECURITY CLEARANCE IS REFUSED OR IS NOT OBTAINED THE SAME IS NOTIFIED TO THE APPLICANT & IB OF WIPO

39. COMPETENT INTERNATIONAL SEARCHING & EXAMINING AUTHORITIES (ISAs) (Article 16, Rule 35)
AUSTRIAN PATENT OFFICE (AT)
AUSTRALIAN PATENT OFFICE(AU)
EUROPEAN PATENT OFFICE ( EP)
CHINESE INTELLECTUAL
PROPERTY OFFICE (CN)
UNITED STATES PATENT&
TRADEMARK OFFICE (US)
SWEDISH PATENT OFFICE (SE)

40. COMPETENT INTERNATIONAL PRELIMINARY EXAMINING AUTHORITIES (IPEAs) (Article 32, Rule 59)
AUSTRIAN PATENT OFFICE (AT)
AUSTRALIAN PATENT OFFICE (AU)
EUROPEAN PATENT OFFICE ( EP)
CHINESE INTELLECTUAL PROPERTY OFFICE (CN)
UNITED STATES PATENT & TRADEMARK OFFICE (US)
SWEDISH PATENT OFFICE (SE)

41. ENTRY INTO NATIONAL PHASE
Entry in National Phase as later as 31 months from priority date by filing:
A request on form 1 or on a plain paper containing details of international application.
Pay National fees (for India 1000/4000.)
Proof of right to file if applicant is not inventor.
Information regarding foreign filing form 3.
Declaration as to inventorship (form-5).
Copy of PCT pamphlet with international application & search report.
Copies of any amendments, preliminary examination report.
PA/GPA where applicable (Note :- The grant of Patent is governed National law) designated country.

42. STEPS FOR GRANT OF A PATENT THROUGH PCT ROUTE
FILING OF AN INTERNATIONAL APPLICATION
FORMAL EXAMN. BY R.O.
INT. SEARCH BY I.S.A.
INT. PUBLICATION BY WIPO
PRELIM. EXAMN. BY I.P.E.A.(OPTIONAL)
ENTRY INTO NATIONAL PHASE IN DESIGNATED COUNTRY
EXAMN. BY DESIGNATED COUNTRY OF PATENT APPLICATION AS PER THEIR OWN PATENT LAW
GRANT OF THE PATENT BY DESIGNATED COUNTRY
Denotes international phase
Denotes National phase

43. BENEFITS OF PCT SYSTEM.
Fast processing of applications for grant of Patent during National Phase.
Saving of time and money if search report by ISA is adverse by abandoning the application.
Applicant gets 30/31 months for entry into National Phase. This time may be used to explore market values of his invention.

44. BENEFITS OF PCT SYSTEM.
The application for the Patent in the designated office is deemed to have been filed on the date of International filing i.e 19 or 30/31 months prior to entry to N.P.
Language of filing does not affect the prority date if filed in the language accepted by R.O.
Some countries provide fees reductions in fees in National Phase when comes through PCT.
Priority documents need not to be filed in N.P by applicant the same is sent by the I.B., WIPO to the National Offices.
No need to draft different applications for different designated offices. International application serves for all.

45. What is an entrepreneur?
An individual who undertakes the risk associated with creating, organizing, and owning a business.

46. Personal characteristics of successful entrepreneurs
Persistent
Creative
Responsible

47. Personal characteristics of successful entrepreneurs
Goal-oriented
Independent
Self-confident
Risk taker

48. Skills needed by successful entrepreneurs
Communication skills
Human relations skills
Math skills

49. Skills needed by successful entrepreneurs
Problem-solving and
Decision-making skills
Technical skills
Basic business skills