Intellectual property rights


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a brief overview on intellectual property rights for designers.

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Intellectual property rights

  1. 1. Intellectual Property Rights & Indian Patent Right PRESENTED BY SIMIRAAJ FASHION DESIGN DEPARTMENT
  2. 2. Contents Copyright Trademark Geographical indications Trade secrets Patents
  4. 4.  Copyright protects literary, artistic and musical creations  Trademark protects against imitations of products as long as they are in trade  GI : Quality and reputation of products are attributable to geographical origin  Trade Secrets cover the confidential information  Patents protect the technological inventions
  6. 6. Types of copyright Copyright protects literary and artistic work 1. Broadcast 2. Literary works 3. Musical works 4. Artistic works 5. Films 6. Sound recording
  7. 7. Duration of Protection  For books and other works of arts is 50 to 70 years after the death of the author (the laws of different country vary)  For photographic work 25 years from making the work  For cinematic works 50 years after making the work available to public
  8. 8. What can you copyright in fashion?  Any artistic work such as sketches and patterns can be copyrighted  Craftsmanship such as one-off handmade garment or jewellery  Yet this right stay as a indisputable decision in the law world
  9. 9. Trademark
  10. 10. Forms of Trademark       Visual : Words Devices including drawings and symbols or 2Drepresentations of object or combination of two or more of these Color combinations 3D sign as shape of goods or packaging Audio: Sounds Musical notes
  11. 11. How TM or R helps a brand name  A trademark is a brand or a part of brand that give legal protection because it is capable of exclusive appropriation  A trademark protects the sellers right to use the brand name and /or brand mark  TM is an exclusive mark intended to differentiate the product of one seller with others
  12. 12. Counterfeit TM’s
  13. 13. What can you trademark in fashion?  Its none other than its label or brand name  Under a brand name one can have any number of sub brand names as well  Also one can trademark a particular collection
  14. 14. Duration of registration Duration of trademark registration is valid from 10 years from the date of application and can be renewed every 10 years
  15. 15. Geographical Indication (GI)
  16. 16. What is GI?  Many goods possess their peculiar properties due to their geographical origin  GI is the best method to indicate the geographical origin of any goods and services  Many agricultural products: tea & rice, dairy products: cheese, wines& spirits (champagne), textile weave owe their special quality and reputation to their geographical place of growth or processing
  17. 17. Protection of GI  GI is not owned by a single owner  Any producer in the region can use the GI, provided the product is prepared following the norms set out for the use of its GI  GI is registered in the national register to locate the origin of the product  It is an offence to use a false GI
  18. 18. Trade secret World’s best kept trade secret till date…
  19. 19. Trade secret  Some inventions, data, information cannot be protected by any of the available means of IPR’S. such information are kept confidential as Trade secret  Trade secret can be invention, idea, survey method, manufacturing process, experiment results, recipe, financial strategy, client database etc
  20. 20. When trade secret are preferred?  When invention is not patentable  Patent period is limited to 20 years ,when trade secret can be kept beyond that
  21. 21. How to guard Trade secret?  Restricting number of people having access to secret information  Signing confidential agreements with business partners and employees  Using protective techniques like digital data security tools and restricting entry into area where trade secret is held or worked  National legislations provide protection in form of injunction and damages if secret information is illegally acquired or used
  22. 22. Patent  An exclusive (monopoly) right  Granted by the government  To an inventor to make, use, manufacture and market the invention  For a limited period of time (20 years)
  23. 23. Why Patent rights? making selling To Exclude others importing using Negative right
  24. 24. Who can apply for Patent?  An inventor  Person or company legally assigned by the inventor  Legal representative of the inventor  Either alone or jointly by above persons
  25. 25. Contents of Patent  Title  Abstract  Field of invention  Background of the invention  Summary of the invention  Detailed descriptions  Claims
  26. 26. Conclusion It is important to know the IPR’s of our country and worldwide as its every human beings right to safe guard his efforts , dedication, talent and obsession from the hands of negative powers. Its is our eligibility to showcase what we are worth for and above all, to give a new promise and safety for everybody’s betterment. Laws are to follow and not to break.
  27. 27. THANK YOU