INTELLECTUAL
PROPERTY

“Know Your Rights”






WIPO ( World Intellectual Property
Organization ) was established by the
WIPO Convention in 1967
The WIPO is a s...
2009 WORLD IP DAY

On World Intellectual
Property Day this
year, WIPO's focus is on
promoting VISIONARY
INNOVATION as the
...
There are many big and small intellectual
property law firms worldwide, like in
India, USA, UK, Chicago etc, providing
qua...




Intellectual Property is a property that
arises from the human intellect. It is a
product of human creation.
Intelle...
1.“Literary & Artistic Works”
* They are books, paintings, musical
compositions, plays, movies, radio/tv
programs,
perform...
2. “Industrial Property”




Industrial Property describes physical
matter that is the product of an idea or
concept for...
Major Types of IP

Functional & Technical
Inventions

Patents Act, 1970
Amended
in 1999 & 2005

Purely
Artistic works

Cop...
Definition:
 A patent describes an invention for which
the inventor claims the exclusive right.
INVENTION PATENABLE IF......






Invention
Relates To A Process Or Product Or
Both
Involves An Inventive Step
Be Capable Of Industrial
Applicatio...
 Term

of the patent is 20 years
from the date of filling for all
types of inventions.
 Priority date- first to file
 T...


Trademark:
A
symbol, logo, word, sound, color, design,
or other device that is used to identify a
business or a produc...






Trademark is valid for 10 years from
the date of application which may be
renewed for further period of 10 years
...
™

SM

A trademark is a sign Used on, or
in connection with the marketing
of goods or services.
 “Used on” the goods mean...
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]



...
Literary

Films

Musical

Artistic

Dramatic

Sound Recording






Ideas
Facts
Recipes
Works lacking originality (e.g. The phone book)
Names, titles or short phrases
Copyright lasts for the





Author’s lifetime + 50 years from the end
of the calendar year in which the author
dies,
...






Any
reproduction,
use
, distribution, performance, etc. of the
work without the permission of the
owner.
An ident...


Making, Using, Selling, or Importing all or
part of a product covered by the patent
without permission















COPYRIGHT INFRINGEMENT OCCURS WHEN THE COPYRIGHT OWNER'S RIGHTS ARE VIOLATED
To fully understand co...


Infringement occurs when someone else uses a
trademark that is same as or similar to your registered
trademark for the ...











the similarity in the overall impression created by the two
marks (including the marks' look, phonetic
...
Take action against

Infringements
•

A suit can lie in the District or
High court ,
• It may issue an injunction
either to prevent the
infringer from any fu...
•Apple sued phone maker HTC and
has filed a complaint with the U.S.
International Trade
Commission, alleging that the
Taiw...
A suit can lie in District
or High court
• Punishment extends from
6 months to 3 years
• A permanent bans on
engaging in c...


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



At
the
initial
stage, infringing ...




A suit can lie in the
district court or in a
high court u/s 63 of
the copyright act,
1957
Punishable with
imprisonme...
Ritika Limited v. Ashwani Kumar

Ritika Limited v. Nina Talukdar

Ritika Limited v. Sajid Mobin
• Create yourself, rather than
using other’s creations
• Do not use competitor’s mark in
such way that it harms
competitor...


Technological advancement
made the job of the CREATOR
easy
………it also made the job of
the COPY-ER easy.
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  • They serve client for valuation of intellectual property rights, copyrights, trademarks, and other unfair trade practice.
  • which provides the individual “author” or “artist” the exclusive right to do certain things with an “original work”, including the right to reproduce, publish, perform the work in public, & to make adaptations of it & benefit thereby.
  • IPR have fixed term except trademark and geographical indications, which can have indefinite life provided these are renewed after a stipulated time specified in the law by paying official fees. Trade secrets also have an infinite life but they don’t have to be renewed.
  • Invention is a new solution to “technical” problem Inventors should not disclose their inventions before filing the patent application. The invention should be considered for publication after a patent application has been filed
  • - 17 years from date of issue of Patent if application filed before June 95 or 20 years from date of filing application after June 95
  • An author may waive his/her moral rights by signing an agreement to that effect
  • Iprfinal

    1. 1. INTELLECTUAL PROPERTY “Know Your Rights”
    2. 2.     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
    3. 3. 2009 WORLD IP DAY On World Intellectual Property Day this year, WIPO's focus is on promoting VISIONARY INNOVATION as the key to a secure future.
    4. 4. 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 wellestablished statutory and judicial framework.  Apart From that, there are many attorneys and law firm of intellectual property in 
    5. 5.   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
    6. 6. 1.“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”
    7. 7. 2. “Industrial Property”   Industrial Property describes physical matter that is the product of an idea or concept for commercial purposes. How are they Protected? * * * * * * By By By By By By Patented objects Trademarks Industrial Designs Trade Secrets Layout-designs Geographical Indications
    8. 8. Major Types of IP Functional & Technical Inventions Patents Act, 1970 Amended in 1999 & 2005 Purely Artistic works Copyright Act, 1957 Amended in1982, 1984, 1992, 1994 & 1999 A symbol, logo, word, sound, color, design, etc. Trademark Act, 1999 Amended in 1994, 1996 & 2000
    9. 9. 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
    10. 10.     Invention Relates To A Process Or Product Or Both Involves An Inventive Step Be Capable Of Industrial Application A Machine
    11. 11.  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.
    12. 12.  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
    13. 13.    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.
    14. 14. ™ 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. 
    15. 15. Trademarks Name Logotype Symbol Slogan Shape Color
    16. 16.  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.
    17. 17. Literary Films Musical Artistic Dramatic Sound Recording
    18. 18.      Ideas Facts Recipes Works lacking originality (e.g. The phone book) Names, titles or short phrases
    19. 19. 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.
    20. 20.    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
    21. 21.  Making, Using, Selling, or Importing all or part of a product covered by the patent without permission
    22. 22.         COPYRIGHT INFRINGEMENT OCCURS WHEN THE COPYRIGHT OWNER'S RIGHTS ARE VIOLATED To fully understand copyright infringement, you must understand what rights you hold as a copyright holder. You own more than just the rights to reproduce the work filed with the US Copyright Office. An owner of a copyright owns a “bundle” of rights. Each of these rights can be sold or assigned separately. Copyright infringement occurs when one of those rights are used without the express consent of the copyright owner. The rights owned by the owner of a copyright include: The Right to Reproduce the Work. This is the right to reproduce, copy, duplicate or transcribe the work in any fixed form. Copyright infringement would occur if someone other than the copyright owner made a copy of the work and resold it. The Right to Derivative Works. This is the right to modify the work to create a new work. A new work that is based upon an existing work is a "derivative work." Copyright infringement would occur here if someone wrote a screenplay based on his favorite John Grisham book and sold or distributed the screenplay, or if someone releases or remixes of one of your songs without your consent. The Right to Distribution. This is simply the right to distribute the work to the public by sale, rental, lease or lending. The music industry lawsuits targeting file-sharing web services claim that these services violate the right to distribution held by record labels. The Public Display Right. This is the right to show a copy of the work directly to the public by hanging up a copy of the work in a public place, displaying it on a website, putting it on film or transmitting it to the public in any other way. Copyright infringement occurs here if the someone other than the copyright holder offers a work for public display. The Public Performance Right. This is the right to recite, play, dance, act or show the work at a public place or to transmit it to the public. Copyright infringement would occur here if someone decided to give performances of the musical "Oliver!" without obtaining permission from the owner.
    23. 23.  Infringement occurs when someone else uses a trademark that is same as or similar to your registered trademark for the same or similar goods/services. Trademark infringement claims generally involve the issues of likelihood of confusion, counterfeit marks and dilution of marks. Likelihood of confusion occurs in situations where consumers are likely to be confused or mislead about marks being used by two parties. The plaintiff must show that because of the similar marks, many consumers are likely to be confused or mislead about the source of the products that bear these marks.
    24. 24.         the similarity in the overall impression created by the two marks (including the marks' look, phonetic similarities, and underlying meanings); the similarities of the goods and services involved (including an examination of the marketing channels for the goods); the strength of the plaintiff's mark; any evidence of actual confusion by consumers; the intent of the defendant in adopting its mark; the physical proximity of the goods in the retail marketplace; the degree of care likely to be exercised by the consumer; and the likelihood of expansion of the product lines.
    25. 25. Take action against Infringements
    26. 26. • 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.
    27. 27. •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."
    28. 28. 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
    29. 29.  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
    30. 30.   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.
    31. 31. Ritika Limited v. Ashwani Kumar Ritika Limited v. Nina Talukdar Ritika Limited v. Sajid Mobin
    32. 32. • 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
    33. 33.  Technological advancement made the job of the CREATOR easy ………it also made the job of the COPY-ER easy.

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