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Intellectual property rights


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a brief overview on intellectual property rights for designers.

a brief overview on intellectual property rights for designers.

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  • 1. Intellectual Property Rights & Indian Patent Right PRESENTED BY SIMIRAAJ FASHION DESIGN DEPARTMENT
  • 2. Contents Copyright Trademark Geographical indications Trade secrets Patents
  • 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. 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. 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. 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. Trademark
  • 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. 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. Counterfeit TM’s
  • 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. 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. Geographical Indication (GI)
  • 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. 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. Trade secret World’s best kept trade secret till date…
  • 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. 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. 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. 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. Why Patent rights? making selling To Exclude others importing using Negative right
  • 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. Contents of Patent  Title  Abstract  Field of invention  Background of the invention  Summary of the invention  Detailed descriptions  Claims
  • 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. THANK YOU