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Ipr of vespa scooter

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Ipr of vespa scooter

  1. 1. ASSIGNMENT 3 INTELLUCTUAL PROPERTY RIGHTS Submitted by : • Divya Singh Chouhan • Shivam Sagar Submitted to : • Amisha Mehta
  2. 2. CONTENTS  THE ORIGINS  VESPA- THE SCOOTER  Vespa -from 1946 to 2016  TRADEMARK AND COPYRIGHT PROTECTION  THE ISSUES  THE CRITERIA’S FOR JUDGEMENT  VESPA AS A TRADEMARK IN INDIA  INDUSTRIAL DESIGN  BIBLIOGRAPHY
  3. 3. THE ORIGIN  Piaggio & C. SpA (Piaggio) is an Italian motor vehicle manufacturer, which via its subsidiaries designs, engineers, manufactures and distributes two wheeled motor vehicles and compact commercial vehicles under seven brands: Piaggio, Vespa, Gilera, Aprilia, Moto Guzzi, Derbi, and Scarabeo.  "The Piaggio company was founded in Genoa in 1884, by twenty-year old Rinaldo Piaggio.  Piaggio & C. SpA corporate headquarters are located in Pontedera, Italy.  Piaggio operates six research and development centers and operates in over 50 countries.
  4. 4. VESPA –the scooter  Vespa is an Italian brand of scooter manufactured by Piaggio.  The name means wasp in Italian.  The Vespa has evolved from a single model motor scooter manufactured in 1946 by Piaggio & Co. S.p.A. of Pontedera, Italy.  Now it has a full line of scooter and one of seven companies today owned by Piaggio
  5. 5. Vespa -from 1946 to 2016 2016 1955 1946 1988 2001 2007 1974
  6. 6. TRADEMARK AND COPYRIGHT PROTECTION  With decision no. 1900/17 of 4 April 2017, the IP Court of Turin granted three-dimensional trademark and copyright protection to the famous “Vespa” scooter by Piaggio.  The case was started when Piaggio, maker of the scooter Vespa, asserted rights arising out of its 3D mark protected by Italian mark registration 1556520 filed in August 2013:  The proceedings from which the decision originates were started by two Chinese companies Zhejiang Zhongneng Industry Group (“ZZIG”) following a criminal complaint by Piaggio.
  7. 7.  ZZIG had three scooter models seized at the EICMA trade show in 2013 for alleged breach of the three-dimensional trademark representing the Vespa LX, registered by Piaggio in the same year.  ZZIG offered for sale three scooters named “Revival”, protected by a Community design registration no. 001783655-0002, “Cityzen” and “Ves”, the shape of which was not covered by any registered IP right in Italy or in the European Union.  As to Piaggio, the company owns the Italian 3D trademark no.1556520 claiming priority of the Community trademark no. 011686482, filed on 7 August 2013 and registered on 29 August 2013.
  8. 8. THE ISSUES  Two companies filed a negative declaratory action requesting the Turin IP Court to declare that their scooters did not infringe the rights of Piaggio and that the three-dimensional trademark portraying the Vespa was void for: i. lack of novelty, it being anticipated by the plaintiffs’ models ii. lack of distinctive character iii. because it consisted of a shape that could not be registered as a trademark pursuant to Art. 9 of the Italian IP Code.
  9. 9. THE CRITERIA’S FOR JUDGEMENT  The Court noted that while only registered in 2013, the logo depicting the Vespa had actually enjoyed protection as an unregistered trademark since 2005, i.e. the launch year of the Vespa LX that was portrayed there.  This unregistered trademark could in fact be regarded as well-known, and therefore be granted substantially the same protection as registered trademark.  The Court of Turin declared that the Vespa trademark does not lack of novelty, as it reflects a model of Vespa marketed since 2005, before the commercialization of ZZIG first scooter, i.e.“Cityzen”.
  10. 10.  The Court also recognized that the trademark when issued had four distinctive features of the shape of the Vespa: i. The “X” shape detectable between the side bulges and the seat ii. The “upside down Ω” shape in the connection between the seat and the footrest iii. The “arrow” shape of the front shield iv. The rear contour of the body, consisting of two drop-shaped .  Moreover, the Court of Turin excluded the existence of any absolute ground for refusal, stating that its shape was not technical nor standard and not even substantial as the reason why consumers chose the Vespa were not merely aesthetical.  Based on these findings, the Court finally affirmed that only the “Ves” scooter constitute an infringement of Piaggio trademark.
  11. 11. VESPA AS A TRADEMARK IN INDIA
  12. 12. INDUSTRIAL DESIGN  Vespa scooter is an industrial design product with creative character and artistic value and therefore protected under Art. 2 no. 10 of the Italian copyright law.  The exceptional and multiple awards from numerous important cultural institutions, which include the Vespa amongst the most important pieces of design, confirm its creative character and artistic value.  It was actually heavily influenced by pre-World- War-II Cushman scooters made in the US and shipped to Italy by the Allies to act as field transport for paratroopers and marines during the war.
  13. 13. “the creative character and artistic value of the design work are attested and should be assessed on the basis of the recognition by the market and the artistic circles, considering the critical acclaim, the prizes awarded, the presence in museums, the participation in exhibitions, the dissemination of publications in magazines“.
  14. 14. BIBLIOGRAPHY  http://www.piaggiogroup.com  http://www.vespa.in  https://ipindiaonline.gov.in/tmrpublicsearch/tmsearch.aspx?tn=77648687&st=Wor dmark  https://iplens.org/2017/06/26/the-shape-of-the-worldwide-famous-vespa-obtains- protection-in-italy-under-copyright-law/  http://www.martinimanna.com/the-piaggio-vespa-is-granted-three-dimensional- trademark-and-copyright-protection/

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