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intellactual property rights

intellactual property rights

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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
  • Transcript

    • 1. INTELLECTUAL PROPERTY “Know Your Rights”
    • 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. 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. 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.   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. 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. 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. 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. 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.     Invention Relates To A Process Or Product Or Both Involves An Inventive Step Be Capable Of Industrial Application A Machine
    • 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.  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.    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. ™ 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. Trademarks Name Logotype Symbol Slogan Shape Color
    • 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. Literary Films Musical Artistic Dramatic Sound Recording
    • 18.      Ideas Facts Recipes Works lacking originality (e.g. The phone book) Names, titles or short phrases
    • 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.    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.  Making, Using, Selling, or Importing all or part of a product covered by the patent without permission
    • 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.  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.         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. Take action against Infringements
    • 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. •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. 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.  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.   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. Ritika Limited v. Ashwani Kumar Ritika Limited v. Nina Talukdar Ritika Limited v. Sajid Mobin
    • 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.  Technological advancement made the job of the CREATOR easy ………it also made the job of the COPY-ER easy.