Industrial design can be protected under the Designs Act, 2000. [1] A design must be novel and non-functional to qualify for protection. [2] Registering a design provides exclusive rights for 10-15 years and prevents others from copying the design without permission. [3] Both 2D and 3D designs can be protected, including surface patterns, shapes, and configurations of articles.
intellectual Property Rights [Industrial design]Anil Kumar
Industrial Design protection is a type of intellectual property right that gives the exclusive right to make, sell, and use articles that embody the protected design, to selected people only. Protection rights are provided for a period of 10 years.
Intellectual Property Rights [Trade Secret]Anil Kumar
Trade secrets are a type of intellectual property that comprise formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not generally known or readily ascertainable by others, and which the owner takes reasonable measures to keep secret. In some jurisdictions, such secrets are referred to as confidential information.
INTRODUCTION TO COPYRIGHT IN INDIA.pptxssuser87928e
The Copyright Act of 1957 was India’s first copyright law following independence, and six amendments have been made since then. The Copyright (Amendment) Act 2012, which was passed in 2012, was the most recent amendment.
This material is for PGPSE / CSE students of AFTERSCHOOOL. PGPSE / CSE are free online programme - open for all - free for all - to promote entrepreneurship and social entrepreneurship PGPSE is for those who want to transform the world. It is different from MBA, BBA, CFA, CA,CS,ICWA and other traditional programmes. It is based on self certification and based on self learning and guidance by mentors. It is for those who want to be entrepreneurs and social changers. Let us work together. Our basic idea is that KNOWLEDGE IS FREE & AND SHARE IT WITH THE WORLD
The registration and protection of industrial designs in India is administered by the Designs Act , 2000 and corresponding Designs Rules , 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came in to force from 30th December, 2014, which incorporates a new category of applicant as small entity in addition to natural person and other than small entity.
The industrial design recognizes the creation new and original features of new shape, configuration, surface pattern, ornamentations and composition of lines or colours applied to articles which in the finished state appeal to and are judged solely by the eye.
The above presentation is a step to simplify the concept of Trademark in India.It also focuses on the process of registration under the Trademarks Act 1999.
The presentation simplifies the steps involved and makes it easier to understand the same.
Note:-The following presentation is a general writing containing contents derived from basic knowledge and relevant books and articles.Also it is the original work of the writer.
goodwill is an intangible asset of the trademark. the goodwill is the basis which establishes the good reputation of a commodity or a service under a particular trademark.
An overview of the basics of US trademark law for entrepreneurs, business people, and creative professionals. "What Is a Trademark?" includes the following:
A brief definition of trademarks.
Definitions of the other forms of intellectual property (copyright, patent, and trade secrets).
Types of trademarks.
What's trade dress?
How are trademark rights acquired?
Trademark registration, and what do those symbols ™ and ® mean, anyway?
How long do trademark rights last?
For more information, please go to LizerbramLaw.com
intellectual Property Rights [Industrial design]Anil Kumar
Industrial Design protection is a type of intellectual property right that gives the exclusive right to make, sell, and use articles that embody the protected design, to selected people only. Protection rights are provided for a period of 10 years.
Intellectual Property Rights [Trade Secret]Anil Kumar
Trade secrets are a type of intellectual property that comprise formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not generally known or readily ascertainable by others, and which the owner takes reasonable measures to keep secret. In some jurisdictions, such secrets are referred to as confidential information.
INTRODUCTION TO COPYRIGHT IN INDIA.pptxssuser87928e
The Copyright Act of 1957 was India’s first copyright law following independence, and six amendments have been made since then. The Copyright (Amendment) Act 2012, which was passed in 2012, was the most recent amendment.
This material is for PGPSE / CSE students of AFTERSCHOOOL. PGPSE / CSE are free online programme - open for all - free for all - to promote entrepreneurship and social entrepreneurship PGPSE is for those who want to transform the world. It is different from MBA, BBA, CFA, CA,CS,ICWA and other traditional programmes. It is based on self certification and based on self learning and guidance by mentors. It is for those who want to be entrepreneurs and social changers. Let us work together. Our basic idea is that KNOWLEDGE IS FREE & AND SHARE IT WITH THE WORLD
The registration and protection of industrial designs in India is administered by the Designs Act , 2000 and corresponding Designs Rules , 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came in to force from 30th December, 2014, which incorporates a new category of applicant as small entity in addition to natural person and other than small entity.
The industrial design recognizes the creation new and original features of new shape, configuration, surface pattern, ornamentations and composition of lines or colours applied to articles which in the finished state appeal to and are judged solely by the eye.
The above presentation is a step to simplify the concept of Trademark in India.It also focuses on the process of registration under the Trademarks Act 1999.
The presentation simplifies the steps involved and makes it easier to understand the same.
Note:-The following presentation is a general writing containing contents derived from basic knowledge and relevant books and articles.Also it is the original work of the writer.
goodwill is an intangible asset of the trademark. the goodwill is the basis which establishes the good reputation of a commodity or a service under a particular trademark.
An overview of the basics of US trademark law for entrepreneurs, business people, and creative professionals. "What Is a Trademark?" includes the following:
A brief definition of trademarks.
Definitions of the other forms of intellectual property (copyright, patent, and trade secrets).
Types of trademarks.
What's trade dress?
How are trademark rights acquired?
Trademark registration, and what do those symbols ™ and ® mean, anyway?
How long do trademark rights last?
For more information, please go to LizerbramLaw.com
FUNAMENTALS OF INTELLECTUAL PROPERTY IN SPECIFIC TO PATENTS AND PROTECTION OF SOFTWARE BASED INVENTIONS AND THE LEGAL POSITION IN SOFTWARE PROTECTION AS AN EDUCATIVE APPROACH WERE DISCUSSED.
A Design refers to the features of shape, configuration, pattern, ornamentation or composition of lines or colors applied to any article, whether in two or three dimensional (or both) forms.
This may be applied by any industrial process or means (manual, mechanical or chemical) separately or by a combined process, which in the finished article appeals to and judged solely by the eye.
2. INDUSTRIAL DESIGN
• Protected under the Designs Act, 2000
• Protects external shape, configuration,
surface pattern or ornamentation of
an industrially reproduced article
• New and novel
• Judged solely by the eye
• Non functional
3. NEW AND NOVEL
• Novel”: Means that it must originate from the
creator
• “New”: Not identical to a previous design
• Pattern made up of old features but resulting
combination with strikingly different appearance
can be novel
• Distinguishable from known designs or
combination of known designs
• But over the years, the test has become NEW
AND NOVEL
5. WHY REGISTER YOUR DESIGN?
• Statutory right – accrues only on registration – territorial
• Right to prevent others from producing, importing, selling or
distributing products having an identical appearance or a
fraudulent or obvious imitation
• Monopoly Period of 10 years- extendable by 5
• Gives you a Unique Selling Point (USP)
• Is an asset & can be licensed
6. DESIGNS CAN BE 2D OR 3D OR A COMBINATION
•Surface pattern
(2D pattern, composition of lines,
colours)
•Cut of the garment (3D
features of shape, configuration)
7. DESIGN & FUNCTIONALITY
•The intent of the Designs Act is to
protect shapes & not functions
•Designs with functional features
•If design is solely dictated by
function, it will not be registrable
8. THE DEGREE OF NOVELTY REQUIRED
•“New or original” does not simply mean different.
Infact it should be new and original.
•A trade variant of an old design does not make it
novel
•Substantial novelty required
Le May v. Welch: “It cannot be said that
there is a new design every time a coat or
waistcoat is made with a different slope or
different number of buttons…to hold that
would be to paralyse industry.”
9. LIMITATIONS OF PROTECTION OFFERED
BY DESIGNS LAW
• A design needs to be registered for any kind of
rights to be claimed over it – it may not be
feasible to register every design that is created by
designers
• A design right cannot be claimed over a design
that has been published/disclosed to the public
• A design right will only be granted on the
fulfilment of various criteria like “novelty”, eye
appeal and non-functionality
10. ENFORCEMENT
• Identical design or any fraudulent and
obvious imitation;
• Import for sale
• Publishing or exposing the article which is
known to be pirated
• Injunction and damages
11. SECTION 15(2), COPYRIGHT ACT, 1957
• Copyright does not subsist in design registered
under the Designs Act
• Design capable of being registered, but which has
not been so registered enjoys copyright protection
• Copyright shall cease as soon as any article to
which the design has been applied more than
FIFTY TIMES by an industrial process
12. THE COPYRIGHT/DESIGN OVERLAP
• Fashion design lies at the cusp between “creativity” and
“industrial manufacture”
• Great design has the quality of transforming “wearable
apparel” into “wearable art”
• Thus, the distinction made by law between “purely
artistic works” and works that have been
commercialised can be problematic in many cases
• There will be works that are both protectible under
copyright law as well as under designs law
• Indian law has tried to resolve this by the provision of
Section 15(2), Copyright Act, 1957
13. Copyright & Designs Law
• Designs that are not commercialised (i.e., not produced
more than 50 times), enjoy full copyright protection
even if not registered as a design
• It may be argued that a design that has been
commericalised, may be capable of protection under
Copyright Act on the basis of the underlying artistic
works (i.e., the sketches, engravings, prototypes, etc.)
though Section 15 (2) remains a bar
14. Copyright & Designs Law
• Important to maintain documentation and
records at every stage of product design and
development as this may help in claiming
protection for a design under the Copyright
Act
• If you think of getting into mass production of
a unique design, file a design application as
that would provide you stronger protection &
complete monopoly
15. DESIGN Vs. COPYRIGHT
DESIGN COPYRIGHT
Need to register to Subsists inherently
claim protection
Has to be “NEW” No requirement for
novelty
Maximum 15 years Life of author + 60 years
Only in respect of Is not goods specific
goods registered for
16. THE DESIGN DEVELOPMENT PROCESS
• Hi-fashion furniture/metal ware:
2 D drawings Prototype 3 D model Silver
prototype Final 2 D drawing
• Apparels:
Sketch Dress-making pattern
Prototype/sample garments Finished garment
17. Successful copyright infringement claims
Ritu Kumar’s cases
Ritika Limited v.
Ashwani Kumar
Ritika Limited v. Nina
Talukdar
Original
Original
Ritika Limited v. Sajid
Mobin
Copy Copy
18. YSL v. Ralph Lauren
• YSL was awarded
damages for Ralph
Lauren’s
infringement of the
design rights in YSL’s
design of its tuxedo
dress
19. Example of infringement of registered
design
• Birkin v. Pratt
• Lace pattern was
held to have been
infringed
20. INDIAN LANDMARK DECISIONS
• Microfibres Case [2006(32) PTC 157]
– Upholstery designs
– Intention
– Not Artistic work
– Design registration
– More than 50 copies
– No injunction
21. • Tarun Tahiliani Case [Case No. 183 of
2007]
– Haute Couture;
– Diffusion;
– Pret-a-porter
– Accessories
– Not mass production
– Distinguished Microfibres
– Injunction granted
23. What to do when licensing a design
• A registered design can be licensed to exploit
markets or commercialise it on a scale beyond
the resources of the author
• Essential to specify in the license- the term,
territory, amount of royalty & type of products
for which design can be used by licensee