BUSINESS LAW & LABOUR LEGISLATION –
Ms Nandhini A
Assistant Professor
Department of BCom CMA
Sri Ramakrishna College of Arts & Science
1
1. Auction Sales
2. Copyrights
3. Patent
4. Trademarks
5. Intellectual Property rights.
 (a) The auctioneer may withdraw the goods at any time
before the fall of the auctioneer's hammer.
 (b) The auctioneer may also place a bid on behalf of the
seller, unless this practice is expressly prohibited.
 (c) The sale is complete when the auctioneer announces
its completion by the fall of the hammer or in any other
customary manner.
Section 64 of the Sale of Goods Act -
Sales by Auction
Copyright is a form of intellectual property law that
grants the creator of original works exclusive rights to
their use and distribution. Here's a quick overview of
the key aspects:
2. Copyrights
 Literary Works: Books, articles, poems.
 Musical Works: Songs, compositions.
 Dramatic Works: Plays, choreography.
 Artistic Works: Paintings, sculptures, photographs.
 Audiovisual Works: Films, videos, and broadcasts.
 Software: Computer programs and code.
What Copyright Protects
 Duration
Copyright typically lasts for the lifetime of the author plus an additional
number of years (commonly 70 years in many jurisdictions). For works
created for hire or by anonymous authors, the duration can vary.
 Fair Use
Some uses of copyrighted material are allowed without permission under
the doctrine of "fair use," such as for criticism, commentary, news
reporting, teaching, scholarship, or research. The specifics of fair use can
be complex and vary by jurisdiction.
 Licensing and Permissions
To use copyrighted material beyond what’s allowed
by fair use, you generally need to obtain permission
from the copyright holder or their representative. This
may involve licensing agreements and sometimes
payment.
A patent is a form of intellectual property that grants
the inventor exclusive rights to a new and useful
invention for a limited period. Here’s a breakdown of
the key components related to patents:
3. Patent
 Inventions: New and useful processes, machines,
articles of manufacture, or compositions of matter.
 Designs: New, original, and ornamental designs for an
article of manufacture.
 Plants: New and distinct plant varieties.
What Patents Protect
 Utility Patents: Protect new and useful inventions or discoveries, such as machines,
processes, or compositions of matter. These are the most common type of patents.
 Design Patents: Protect new, original, and ornamental designs for an article of manufacture,
rather than the functional aspects.
 Plant Patents: Protect new and distinct plant varieties that have been asexually reproduced.
Rights Granted
 Exclusive Rights: The patent holder has the right to exclude others from making, using,
selling, or importing the patented invention without permission.
 Licensing: Patent holders can license their patents to others, often in exchange for royalties
or other compensation.
Types of Patents
 Utility Patents: Typically last for 20 years from the
filing date, subject to the payment of maintenance fees.
 Design Patents: Typically last for 15 years from the
date of grant in the U.S.
 Plant Patents: Typically last for 20 years from the
filing date.
Duration
 Trademarks are a form of intellectual property that
protect symbols, names, logos, and other distinctive
signs used to identify and distinguish goods or services.
Here’s a comprehensive overview:
4. Trademarks
 Words and Names: Brand names, product names, or slogans.
 Logos and Symbols: Graphic designs or emblems.
 Sounds: Unique jingles or sound effects.
 Colors and Shapes: Distinctive color schemes or packaging
shapes.
 Trade Dress: The overall look and feel of a product or its
packaging.
What Trademarks Protect
 Exclusive Use: The trademark holder has the exclusive right to use the
trademark in commerce and to prevent others from using a similar mark
that could cause confusion.
 Trademark Registration: While common law rights can be established
through use, registration with a relevant trademark office (e.g., USPTO in
the U.S., EUIPO in Europe) provides additional legal protections and
benefits.
Duration
 Indefinite Protection: Trademarks can last indefinitely as long as they are
actively used in commerce and renewal fees are paid. Registration needs to
be renewed periodically (typically every 10 years in many jurisdictions).
Rights Granted

Auction,Copy rights, TM, Patern_Unit 2.pptx

  • 1.
    BUSINESS LAW &LABOUR LEGISLATION – Ms Nandhini A Assistant Professor Department of BCom CMA Sri Ramakrishna College of Arts & Science 1
  • 2.
    1. Auction Sales 2.Copyrights 3. Patent 4. Trademarks 5. Intellectual Property rights.
  • 3.
     (a) Theauctioneer may withdraw the goods at any time before the fall of the auctioneer's hammer.  (b) The auctioneer may also place a bid on behalf of the seller, unless this practice is expressly prohibited.  (c) The sale is complete when the auctioneer announces its completion by the fall of the hammer or in any other customary manner. Section 64 of the Sale of Goods Act - Sales by Auction
  • 4.
    Copyright is aform of intellectual property law that grants the creator of original works exclusive rights to their use and distribution. Here's a quick overview of the key aspects: 2. Copyrights
  • 5.
     Literary Works:Books, articles, poems.  Musical Works: Songs, compositions.  Dramatic Works: Plays, choreography.  Artistic Works: Paintings, sculptures, photographs.  Audiovisual Works: Films, videos, and broadcasts.  Software: Computer programs and code. What Copyright Protects
  • 6.
     Duration Copyright typicallylasts for the lifetime of the author plus an additional number of years (commonly 70 years in many jurisdictions). For works created for hire or by anonymous authors, the duration can vary.  Fair Use Some uses of copyrighted material are allowed without permission under the doctrine of "fair use," such as for criticism, commentary, news reporting, teaching, scholarship, or research. The specifics of fair use can be complex and vary by jurisdiction.
  • 7.
     Licensing andPermissions To use copyrighted material beyond what’s allowed by fair use, you generally need to obtain permission from the copyright holder or their representative. This may involve licensing agreements and sometimes payment.
  • 8.
    A patent isa form of intellectual property that grants the inventor exclusive rights to a new and useful invention for a limited period. Here’s a breakdown of the key components related to patents: 3. Patent
  • 9.
     Inventions: Newand useful processes, machines, articles of manufacture, or compositions of matter.  Designs: New, original, and ornamental designs for an article of manufacture.  Plants: New and distinct plant varieties. What Patents Protect
  • 10.
     Utility Patents:Protect new and useful inventions or discoveries, such as machines, processes, or compositions of matter. These are the most common type of patents.  Design Patents: Protect new, original, and ornamental designs for an article of manufacture, rather than the functional aspects.  Plant Patents: Protect new and distinct plant varieties that have been asexually reproduced. Rights Granted  Exclusive Rights: The patent holder has the right to exclude others from making, using, selling, or importing the patented invention without permission.  Licensing: Patent holders can license their patents to others, often in exchange for royalties or other compensation. Types of Patents
  • 11.
     Utility Patents:Typically last for 20 years from the filing date, subject to the payment of maintenance fees.  Design Patents: Typically last for 15 years from the date of grant in the U.S.  Plant Patents: Typically last for 20 years from the filing date. Duration
  • 12.
     Trademarks area form of intellectual property that protect symbols, names, logos, and other distinctive signs used to identify and distinguish goods or services. Here’s a comprehensive overview: 4. Trademarks
  • 13.
     Words andNames: Brand names, product names, or slogans.  Logos and Symbols: Graphic designs or emblems.  Sounds: Unique jingles or sound effects.  Colors and Shapes: Distinctive color schemes or packaging shapes.  Trade Dress: The overall look and feel of a product or its packaging. What Trademarks Protect
  • 14.
     Exclusive Use:The trademark holder has the exclusive right to use the trademark in commerce and to prevent others from using a similar mark that could cause confusion.  Trademark Registration: While common law rights can be established through use, registration with a relevant trademark office (e.g., USPTO in the U.S., EUIPO in Europe) provides additional legal protections and benefits. Duration  Indefinite Protection: Trademarks can last indefinitely as long as they are actively used in commerce and renewal fees are paid. Registration needs to be renewed periodically (typically every 10 years in many jurisdictions). Rights Granted