Intellectual Property Rights

INTELLECTUAL
PROPERTY

“Know Your Rights”

 Law governing IP
 Meaning
 Types of IP
- Patent
- Trademark
- Copyright
 Infringement
 Case Studies
 Conclusion

 WIPO ( World Intellectual Property
Organization ) was established by the
WIPO Convention in 1967
 The WIPO is a specialized agency of
the United Nations.
 It promote the protection of IP
throughout the world.
 Its headquarters are in Geneva,
Switzerland

On World Intellectual
2009 WORLD IP DAY
Property Day this year,
WIPO's focus is on
promoting VISIONARY
INNOVATION as the
key to a secure future.

 There are many big and small intellectual
property law firms worldwide, like in India,
USA, UK, Chicago etc, providing qualitative
help to inventors and creators of product.
 In India intellectual property rights are
safely protected and controlled by well-
established statutory and judicial
framework.
 Apart From that, there are many attorneys
and law firm of intellectual property in
India in various states.

 Intellectual Property is a property that
arises from the human intellect. It is a
product of human creation.
 Intellectual Property comprises 2 distinct
forms:
* Literary & Artistic Works
* Industrial Property

“Literary & Artistic Works”

* They are books, paintings, musical
compositions, plays, movies, radio/tv
programs, performances, & other
artistic works.

 How are they Protected?

* Protected by “COPYRIGHT”

“Industrial Property”
 Industrial Property describes physical
matter that is the product of an idea or
concept for commercial purposes.
 How are they Protected?

* By Patented objects
* By Trademarks
* By Industrial Designs
* By Trade Secrets
* By Layout-designs
* By Geographical Indications

Major Types of IP

Functional & Technical Purely A symbol, logo, word, sound,
Inventions Artistic works color, design, etc.

Copyright Act,
Trademark
Patents Act, 1970 1957
Act, 1999
Amended Amended in1982,
Amended in 1994,
in 1999 & 2005 1984, 1992,
1996 & 2000
1994 & 1999

If you don’t see a problem with this
question, you need the class!

(1) It is covered under the Act called the
Patents Act, 1970 [Amended by
Patents Act, 2005]
(2) It extends to the whole of India.
(3) It shall come into force on such date
as the Central Government may
publish, by notification in
the Official Gazette.

Definition:
 A patent describes an invention for which
the inventor claims the exclusive right.
INVENTION PATENABLE IF.....
NEW (Novel)
USEFUL
NOT OBVIOUS
PERTAINS TO PATENTABLE
SUBJECT MATTER

Invention
 Relates To A Process Or Product Or
Both
 Involves An Inventive Step
 Be Capable Of Industrial
Application
 A Machine

 Term of the patent is 20 years
from the date of filling for all
types of inventions.
 Priority date- first to file
 The date of patent is the date of
filing the application for patent.
 The term of the patent is
counted from this date.

 The Government fee for filing a patent
application in India is Rs.750/- for
individuals and Rs.3,000/- for legal
entities.
 No fee for 1st and 2nd year
 Renewal fee, on yearly basis, is
required to be paid for 3rd to 20th for
keeping the patent in force.
 Patent lapses if renewal fee is not paid
within the prescribed period.

 No, there is nothing like a global
patent or a world patent. Patent rights
are essentially territorial in nature
 Granting a patent in one country of
the Union does not force other
countries to grant the patent for the
same invention.
 The refusal of the patent in one
country does not mean that it will be
terminated in all the countries

 The list of top 10 patents holders in
India comprises only pharmaceutical
and bio-tech companies.
 In India, 184 patents are held by the
Council of Scientific and Industrial
Research, followed by „Ranbaxy‟
 While the top 10 patents holders
across the world are IT companies, in
India, no IT firm has patents.

 JAIPUR: Drawing
inspiration from
scientist Stephen
Hawking, a
wheelchair-bound
nine-year-old boy
here has invented a
game of six-player
circular chess. The
boy, Hridayeshwar
Singh Bhati has got
the game's design
patented in his name.

1. It is covered under the Act called the
Trade Marks Act, 1999.
2. The Act came into effect on
September 15, 2003. It replaced the
Trade and Merchandise Marks Act,
1958.
3. It extends to the whole of India.
4. It shall come into force on such date
as the Central Government may
publish, by notification in the Official
Gazette

 Trademark:
 A symbol, logo, word, sound, color,
design, or other device that is used to
identify a business or a product in
commerce.
 Different Symbols are :

™ Intent to use application filed for product
SM Intent to use application filed for services

® Registered trademark

 Application for search.
 Application for registration.
 Examination of trademark.
 Advertisement of trademark.
 Filing of opposition.
 Certificate issued.

 Trademark is valid for 10 years from
the date of application which may be
renewed for further period of 10 years
on payment of prescribed fees.
 Service mark Rights are reserved
exclusively for owners for 17 year & it
can also be renewed.
 The Govt. fees is Rs. 2,500 for each
class of goods or services.

™ SM

 A trademark is a sign Used on, or
in connection with the marketing
of goods or services.
 “Used on” the goods means that
it may appear not only on the
goods themselves but on the
container or wrapper in which
the goods are when they are sold.

Correct use:

Raymond Textile is India's leading producer of
worsted suiting fabric with over 60% market share.

„Raymond Textile‟ is India's leading producer of
worsted suiting fabric with over 60% market share.

Incorrect use:
Raymond Textile is India's leading producer of worsted
suiting fabric with over 60% market share.

Correct use:

Incorrect use:

VIMAL ADT AA

ftosa

Correct use:
- Calvin Klein
- Tommy Hilfiger
- MPC POTTERIES GWALIOR

Incorrect use:

- Kalvin Klein
- Tommy-Hilfiger
- MPC P/G

Trademarks

Name

Logotype

Symbol

Slogan

Shape

Color

 The Indian CopyrightAct,1957 governs
the system of copyrights in India.
[Amended in 1982, 1984, 1992, 1994
& 1999]

 Meaning : It is a right which Grants
protection to the unique expression of
Ideas.

 The term original in the copyright
law means that the work
originated with the author.
 There is no requirement for
novelty or uniqueness as there is
in patent law.
 Copyright law protects the
expression of an idea. Not the
idea itself.

Literary Films Dramatic

Musical Artistic Sound Recording

 Ideas
 Facts
 Recipes
 Works lacking originality (e.g. The phone book)
 Names, titles or short phrases

 Register a copyright by completing a
simple application form, along with the
appropriate fee
 Need not send a copy of your work,
 It may appear with the same title, but if
each work has been created
independently, each will have its own
copyright protection.

Copyright lasts for the-
 Author‟s lifetime + 50 years from the end
of the calendar year in which the author
dies,
 50 years for films and sound recordings,
 25 years for typographical arrangements
of a published edition,
 Copyright protection always expires on
December 31 of the last calendar year of
protection.

 Gives permission to use copyrighted
materials if certain criteria are met
 Protects freedom of speech
 Promotes public benefits like
education.

 Never assume
that your use falls
under the fair-use
exception!
 “Saving money” is
not a sufficient
excuse
 Laziness can be a
trap!

 Photos and images - up to 5 works
from one author; up to 10% or 15
works, whichever is less, from a
collection

 Database information - up to 10% or
2500 fields or cell entries, whichever
is less

Take action against
Infringements

 Any reproduction, use , distribution,
performance, etc. of the work without
the permission of the owner.
 An identical or substantial similar
reproduction is also covered
 Infringement – Damages - Injunction

• A suit can lie in the District or
High court ,
• It may issue an injunction
either to prevent the
infringer from any further use
& award damages to the
patent owner or will pay the
patent owner royalties for
further use.

•Apple sued phone maker HTC and
has filed a complaint with the U.S.
International Trade Commission,
alleging that the Taiwanese company
is infringing 20 Apple patents related
to the iPhone
•Steve Jobs, Apple's CEO, said in a
statement "We think competition is
healthy, but competitors should
create their own original technology,
not steal ours."

A suit can lie in District
or High court

• Punishment extends from
6 months to 3 years
• A permanent bans on
engaging in commercial
activities

 3 suits filed by Adidas
Saloman AG in the Delhi
High Court against
counterfeiters

 At the initial stage,
infringing goods were seized
by the Local Commissioner

 Cases were decreed recently
& damages of Rs. 15 lakhs
was awarded to Adidas
Saloman

 A suit can lie in the
district court or in a
high court u/s 63 of
the copyright act,
1957
 Punishable with
imprisonment upto 3
years and fined as
per the claims.

Ritika Limited v. Ashwani Kumar Ritika Limited v. Nina Talukdar

Ritika Limited v. Sajid Mobin

 Called “Innocent Infringement”
 Occurs when infringer was unaware that
things were Protected.
 No excuse if work properly displays..
▪ “Patent”
▪ Trademark symbol: ®, TM, SM
▪ Copyright notice: © + name + year
Example: Utsav Sarees © 2011-2012

• Create yourself, rather than
using other‟s creations
• Do not use competitor‟s mark in
such way that it harms
competitor in unfair way
• No comparisons that are likely to
cause confusion

 Technological advancement
made the job of the CREATOR
easy
………it also made the job of
the COPY-ER easy.

Intellectual Property Rights

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