IPR

2.  PPT PREPARATION:
• K. Neelaveni
• Ch. Divya Bhanu
• G. Lokeswari
• S. Prema Jyothi
 PPT PRESENTATION:
• Sk. Fahimudin
• G. Dhana Lakshmi
• N. Navya Sri
• B. Shivani
• Gagan Teja
• Sri Harsha
• Deva Kumar
• Y. Surendra
TEAM MEMEBERS

3. OVERVIEW
Trade Secrets:
Protection For Submission
Trade Secret Litigation
 Unfair Competition:
Misappropriation
Right Of Publicity
False Advertising

4. Protection For Submission
 Submission to private Parties
 Submission To Government Agencies.

5. Submissions to Private Parties
 In many instances individuals wish to submit an idea for an
invention, process, game, or entertainment show to a company
or business in the hope that the company will market and
develop the idea.
 Individual will be compensated for the idea.
 Idea submission disputes frequently arise in the entertainment
industry.

6. Submissions to Government Agencies
 Private companies that present bids to government agencies in the
hope of obtaining a government contract are often required to disclose
confidential or trade secret information to the agency.
 Under freedom of information acts, the proposal might later be
released to any member of the public requesting the document, thus
resulting in loss of confidential information to possible competitors.
 The protected information is usually blocked out.
 If a government agency discloses trade secret information, the owner
may have a cause of action for an unconstitutional taking of private
property and may be awarded compensation if the owner had a
reasonable expectation of confidentiality.

7. Trade Secret Litigation
 Trade secret litigation involves a company’s or individual’s
most confidential technical, financial, or business information,
which the company or individual considers its “trade secrets.”
 For example, the formula for Coca-Cola has been protected as
a trade secret for over 100 years. Trade secret cases often
involve a former employee who takes his or her former
employer’s proprietary information and discloses it to his or
her new employer, which is frequently a competitor.

8. Trade secret litigation comprises of two aspects:
1. Violations of trade secret law takes places when the confidential
information is obtained through misappropriations.
Misappropriations means where someone acquires, uses and/or
discloses company trade secret without taking any permission
from company in an improper manner.
2. Violations of non disclosure agreement takes place when a party
in the contract from the breach to the agreement.
 Misappropriation in violation of a state trade secret law.
 If no written agreement exists, the plaintiff must rely upon case law.
 To protect trade secret violations, companies should require new
employees who will have access to confidential information to
acknowledge in writing agreement that accepting employment.

9. Cont...
 In federal court, the action will be governed by the Federal Rules of
Civil Procedure relating to federal civil actions.
 These rules set the times for responding to the complaint, matters
pertaining to motions and discovery, and any other litigation related
matters.
 After the complaint is filed, the defendant will respond by filing an
answer, usually denying that any breach of agreement.
 The plaintiff and defendant will take depositions to obtain testimony
from those who may have information about the case.
 For example, the plaintiff may depose individuals in the defendant's
company to determine whether they were instructed to
misappropriate the plaintiff's information.
 Interrogatories may be served on either party to obtain information,
such as to inquire about experts either side may intend to call.

10. Unfair Competition
 The law of Unfair Competition is to safeguard the interest of
the customers from unfair / misleading trade practices.
 Unfair Competition is a broad term covering a wide variety of
deceptive practicesin the marketplace.
 The law of unfair competition continues to evolve with changes
in the marketplace so that deceptive infomercials and false
advertising on the Internet can be prohibited.

11. Cont...
Types of Unfair competition :
1. Passing off (selling one's goods as those of another)
2. Misappropriation (the taking of another's intangible commercial
property right)
3. Infringement of the right of publicity (appropriating another's
identity or persona for commercial purposes)
4. False advertising (making false or deceptive representations about
the nature of one's own goods or services)
5. Product disparagement (making false or deceptive representations
about another's goods or services)
6. Dilution (use of a mark that is likely to cause blurring or
tarnishment of another's famous trademark or service mark)
7. Infringement of trade dress (causing likelihood of confusion with
the distinctive product image or overall design or appearance of
another's product or service)

12. Passing Off
 Passing off occurs when one party sells his good & services
by affixing another company trademark on them.
 Passing off confined to registered and unregistered
trademarks, symbols, sign & devices, etc.
 Passing off in an offence which is done by misrepresenting
the goods & services were creating confusion in customers
mind which affects the image of goods/products will of the
original manufacture.

13. Misappropriations
 Misappropriations means where someone acquires, uses and/or
discloses company trade secret without taking any permission
from company in an improper manner.
 Violations of non disclosure agreement takes place when a
party in the contract from the breach to the agreement.
 Misappropriation in violation of a state trade secret law.

14. In order for you to claim for misappropriation
of your Trade Secret.
1.Existence:
trade secret must be proven to exist. The courts
will make this determination with a consideration of the six
factors of a trade secret as set forth in Section 757 of the First
Restatement of Tort.
2.Ownership:
It must be proven that the plaintiff had ownership
rights to the trade secret information.

15. 3.Access:
It must be proven that the defendant had access to the
trade secret information.
4.Notice:
It must be proven that the defendant knew or should have
known that the information was a trade secret of the plaintiff.
5.Use:
It must be proven that the trade secret information was
actually used by the defendant.
6.Damages:
It must be proved that a remedy exists within the power
of the court to apply.

16. Right Of Publicity
 A person's name, identity, voice, likeness, and persona are
protected against unauthorized commercial exploitation through
the right of publicity.
 The right of publicity gives individuals, not to use celebrities name
and images for the commercial use.
 The right of publicity protects a commercial interest, the vast
majority of cases involve celebrities inasmuch as they can readily
show economic harm when their names, photographs, or identities
are used to sell products.
 Publicity rights are governed by state law.
 In sum, however, there is no nationwide or federal right of
publicity and there is a patchwork of laws across the nation relating
to this right.

17. Duration and Descendibility Of Right to
Publicity:
 The duration of the right of publicity is subject to much
variation
 Some states do not provide any protection for deceased
individuals. For example, in New York, the right can be
asserted only by a living individual.
 Many experts believe that this view stems from the
association of the right of privacy with the right of
publicity.
 Because the right of privacy is personal to the individual
and does not survive death. some states similarly hold
that there is no postmortem right of publicity.

18. Defenses in Right of Publicity
Cases
 A variety of defenses may be asserted in actions alleging
infringement of one's right of publicity.
 One defense raised is that the plaintiff is not specifically and
readily identified by the usage.
 In a 2001 case, the California Supreme Court held that T-shirts
decorated with an artist's drawing of the Three Stooges violated the
rights of publicity of the heirs of the Stooges because the product
containing their likeness did not so transform their image that it
became the artist's own expression.
 The work did not contain significant creative elements but was
rather a realistic reproduction of their image.

19. False Advertising
 Advertising good or products with false information's to get
economic benefits.
 In our daily life of we observe, even though some products are not
good for health advertising it as a good for health.
 In 1946, the federal trademark law, the Lanham Act, was passed.
 Section 43(a) of the act prohibited false designations of origin,
namely descriptions or representations tending falsely to describe
or represent goods or services.
 Until the passage of the Lanham Act, actions involving unfair
competition tended to allege passing off or trade disparagement.

20. Cont...
 An advertisement that is literally false is clearly actionable.
 Even advertisements that are implicitly false or unclear, however,
are actionable if they are nevertheless likely to mislead or deceive
consumers.
 False advertising is actionable under section 43 of the Lanham
Act, which prohibits advertisements that falsely represent the
nature, characteristics, or qualities of one's own or another's goods
or services.
 In many cases, surveys of consumers are used to prove that the
message conveyed, even if literally true, is deceptive to the public
at large.
 If scientific, medical, or technical claims are made in an
advertisement, experts are usually called to demonstrate truth or
falsity.

21. Examples of False Advertising
 Following are some examples of advertising held to be false:
 A failure to disclose that advertised prices did not include additional
charges.
 A statement that a pregnancy test kit would disclose results in "as
fast as 10 minutes" when a positive result would appear in 10
minutes but a negative result might take 30 minutes. 4
 A claim that a certain motor oil provided longer life and better
engine protection than a competitor's product when that claim could
not be substantiated.
 A claim that orange juice was pure, pasteurized juice as it came from
the orange and showing a celebrity squeezing an orange and pouring
the juice directly into the carton when the juice was heated and
sometimes frozen prior to packaging

22. Defenses to False Advertising
 Clearly, the truth is a defense to a claim that an advertisement is
false or misleading.
 Note, however, that an advertisement that is literally true can still
constitute false advertising if it is likely to mislead consumers.
 Truth can be shown by survey evidence, statistical evidence, or
expert opinion.
 Another common defense asserted in false advertising cases is
puffing.
 Puffing is an exaggerated and highly subjective statement or vague
boast upon which no reasonable person would rely.
 Courts generally hold that such puffing is vague and is opinion
only rather than a misrepresentation of fact and is thus not
actionable.