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
“Know Your Rights”
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
2009 WORLD IP DAY
On World Intellectual
Property Day this
year, WIPO's focus is on
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
In India intellectual property rights are
safely protected and controlled by wellestablished statutory and judicial
Apart From that, there are many attorneys
and law firm of intellectual property in
Intellectual Property is a property that
arises from the human intellect. It is a
product of human creation.
Intellectual Property comprises 2 distinct
* Literary & Artistic Works
* Industrial Property
1.“Literary & Artistic Works”
* They are books, paintings, musical
compositions, plays, movies, radio/tv
performances, & other
How are they Protected?
* Protected by “COPYRIGHT”
2. “Industrial Property”
Industrial Property describes physical
matter that is the product of an idea or
concept for commercial purposes.
How are they Protected?
Major Types of IP
Functional & Technical
Patents Act, 1970
in 1999 & 2005
1994 & 1999
A symbol, logo, word, sound,
color, design, etc.
Amended in 1994,
1996 & 2000
A patent describes an invention for which
the inventor claims the exclusive right.
INVENTION PATENABLE IF.....
PERTAINS TO PATENTABLE
Relates To A Process Or Product Or
Involves An Inventive Step
Be Capable Of Industrial
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.
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
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.
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.
The Indian CopyrightAct,1957 governs
the system of copyrights in India.
[Amended in 1982, 1984, 1992, 1994
Meaning : It is a right which Grants
protection to the unique expression of
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
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
, distribution, performance, etc. of the
work without the permission of the
An identical or substantial similar
reproduction is also covered
Infringement – Damages - Injunction
Making, Using, Selling, or Importing all or
part of a product covered by the patent
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.
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.
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 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
the degree of care likely to be exercised by the consumer;
the likelihood of expansion of the product lines.
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
•Apple sued phone maker HTC and
has filed a complaint with the U.S.
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
3 suits filed by Adidas
Saloman AG in the Delhi
stage, infringing goods were
Cases were decreed recently
& damages of Rs. 15 lakhs
was awarded to Adidas
A suit can lie in the
district court or in a
high court u/s 63 of
the copyright act,
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
• 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
made the job of the CREATOR
………it also made the job of
the COPY-ER easy.