• Legal representative of deceased true and first inventor or his/her assignee.
The term “person“ as defined in the Patents Act includes any company or association or body of individuals, whether incorporated or not. In the case of a limited partnership, the Application may be in the names of all personally responsible partners.
• Design means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trade mark or property mark.
The expression “trade mark” is defined to mean “a mark capable of being represented graphically .......” and “may include shape of goods and their packaging”
“Geographical Indication”, in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be.
Who Can File:• Any association of persons or producers or any
organisation or authority established by or under any law representing the interest of the producers of the concerned goods may apply for registration of a Geographical Indication.
• The Applicant has to be a legal entity and should be representing the interest of producers of the good applied for. Any such organisation or association being not that of the producers may have to prove that they represent the interest of producers. Any Applicant Authority also have to prove that they represent the interest of producers.
• Under the Law of Contract, a Minor is a person who is under the age of legal competence. According to Section 3 of the Indian Majority (Amendment) Act, 1999, each person domiciled in India attains the age of majority on his completing the age of eighteen years and not before. The general principle in contract law is that a contract made by a minor with an adult is binding on the adult but not on the minor. The only contracts, which are absolutely binding on the minor, are contracts of necessaries which substantially benefit the minor.
This Article applies to any of the following contracts entered into between an unemancipated minor and any third party or parties is considered valid:
• A contract pursuant to which a person is employed or agrees to render artistic or creative services, either directly or through a third party, including, but not limited to, a personal services corporation or loan out company. As used in this ‑Article, the term "artistic or creative services" includes, but is not limited to, services as an actor, actress, dancer, musician, comedian, singer, stunt person, voice over artist, ‑or other performer or entertainer, or as a songwriter, musical producer or arranger, writer, director, producer, production executive, choreographer, composer, conductor, or designer.
• A contract pursuant to which a person agrees to purchase, or otherwise secure, sell, lease, license, or otherwise dispose of literary, musical, or dramatic properties, or use of a person's likeness, voice recording, performance, or story of or incidents in his or her life, either tangible or intangible, or any rights therein for use in motion pictures, television, the production of sound recordings in any format now known or hereafter devised, the legitimate or living stage, or otherwise in the entertainment field.
• Where a minor renders services as an extra, background performer, or in a similar capacity, through an agency or service that provides one or more performers for a fee, such as a casting agency, the agency or service shall be considered the minor's employer for the purposes of this Article.
• Section 11 of The Indian Contract Act specifies that every person is competent to contract if:
1. He should not be a minor i.e. an individual who has not attained the age of majority i.e. 18 years in normal case and 21 years if guardian is appointed by the Court.
2. He should be of sound mind while making a contract. A person who is usually of unsound mind, but occasionally of sound mind, can make a contract when he is of sound mind. Similarly if a person is usually of sound mind, but occasionally of unsound mind, may not make a valid contract when he is of unsound mind.
3. He is not disqualified from contracting by any other law to which he is subject.
• Based on our Indian Contract Act, amendments have to be made to afford contractual capacity to minors and some relaxation in the Contract Act so far as his/her IP rights are concerned. Sections 2, 10 and 11 of the Contract Act require amendment to incorporate ‘child rights of contract in matters of IPR’.
