Intellectual property refers to creations of the mind such as inventions, literary works, designs, and symbols. There are five main types of intellectual property protection: patents, copyrights, trademarks, industrial designs, and geographical indications. Copyright protects original literary and artistic works. A patent provides exclusive rights over an invention for a limited time. Trademarks distinguish goods and services. Industrial designs protect the aesthetic features of objects. Geographical indications identify goods originating from a place with special qualities.
THE COPYRIGHT LAW
The Philippine entered another dark phase in its history on 21 September 1972 when President Ferdinand E. Marcos declared martial law throughout the country. A total ban on all mass media was enforced initially. Even when publishing activity resumed the dictatorial rule of Marcos kept a stern eye on the output of the presses. But more than censorship, the ultimate factor that hampered the development of the publishing industry was the economy. The nation was plagued by steadily inflation, a burgeoning foreign bedt, and the constant depletion of the national treasury due to graft and corruption. The economic crisis bore significant effects on the structure of society: the gap between the classes was further widened and there was a steady increase in the number of the Filipinos migrating overseas to seek permanent resident or contractual employment. The migration of professionals (including writers and artists) and skilled workers resulted in what has been called a brain drain in the country. As far as publishing is concerned, the government took steps toward professionalizing the country. The existing copyright law (Act no. 3134), patterned after US Copyright Law of 1909 and passed in 1924, was replaced by the Decree of Intellectual Property (Presidential Decree No. 49) in November 1972. The new law granted copyright to the author from the moment of the creation of a work even without prior registration and deposit with the National Library. The duration of the copyright was for the lifetime of the author until 50 years after his/her death.
How to get copyright in India - To obtain a copyright, there are two requisites: A copyright work should be a literary, musical, dramatic or artistic work in a tangible form.The work should be original.
To get your copyright protection in India visit https://www.intepat.com/ip-services/copyright-registration-india/
THE COPYRIGHT LAW
The Philippine entered another dark phase in its history on 21 September 1972 when President Ferdinand E. Marcos declared martial law throughout the country. A total ban on all mass media was enforced initially. Even when publishing activity resumed the dictatorial rule of Marcos kept a stern eye on the output of the presses. But more than censorship, the ultimate factor that hampered the development of the publishing industry was the economy. The nation was plagued by steadily inflation, a burgeoning foreign bedt, and the constant depletion of the national treasury due to graft and corruption. The economic crisis bore significant effects on the structure of society: the gap between the classes was further widened and there was a steady increase in the number of the Filipinos migrating overseas to seek permanent resident or contractual employment. The migration of professionals (including writers and artists) and skilled workers resulted in what has been called a brain drain in the country. As far as publishing is concerned, the government took steps toward professionalizing the country. The existing copyright law (Act no. 3134), patterned after US Copyright Law of 1909 and passed in 1924, was replaced by the Decree of Intellectual Property (Presidential Decree No. 49) in November 1972. The new law granted copyright to the author from the moment of the creation of a work even without prior registration and deposit with the National Library. The duration of the copyright was for the lifetime of the author until 50 years after his/her death.
How to get copyright in India - To obtain a copyright, there are two requisites: A copyright work should be a literary, musical, dramatic or artistic work in a tangible form.The work should be original.
To get your copyright protection in India visit https://www.intepat.com/ip-services/copyright-registration-india/
RATIONALE OF COPYRIGHT PROTECTION
What is copyright?
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.
Why should copyright be protected?
Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.
Is it not true that strict application of the principle of protection of copyright hampers economic and cultural development of the society?
Yes. If copyright protection is applied rigidly, it can hamper progress of the society. However, copyright laws are enacted with necessary exceptions and limitations to ensure that a balance is maintained between the interests of the creators and of the community.
To strike an appropriate and viable balance between the rights of the copyright owners and the interests of the society as a whole, there are exceptions in the law. Many types of exploitation of work which are for social purposes such as education, religious ceremonies, and so on are exempted from the operation of the rights granted in the Act. Copyright in a work is considered as infringed only if a substantial part is made use of unauthorizedly. What is ‘substantial’ varies from case to case. More often than not, it is a matter of quality rather than quantity. For example, if a lyricist copy a very catching phrase from another lyricist’s song, there is likely to be infringement even if that phrase is very short.
Does the law allow any use of a work without permission of the owner of the copyright, and, if so, which are they?
Subject to certain conditions, a fair deal for research, study, criticism, review and news reporting, as well as use of works in library and schools and in the legislatures, is permitted without specific permission of the copyright owners. In order to protect the interests of users, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. Some of the exemptions are the uses of the work
1.
for the purpose of research or private study,
2.
for criticism or review,
3.
for reporting current events,
4.
in connection with judicial proceeding,
5.
performance by an amateur club or society if the performance is given to a non-paying audience, and
6.
the making of sound recordings of literary, dramatic or musical works under certain conditions.
What is the scope of protection in the Copyright Act,1957 ?
The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright in an idea.
Does copyright apply to titles and names ?
Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright a work must be original.
WORK
What is a work?
A work means any of the following , namely, a literary, dramatic, musical or artistic work
Copyright - Concept & Use
- What is Copyright?
- Copyright Law of India
- Rights to the Author
- Know Your Rights
- Copyright Protection
- Copyright able Works and Its Duration (copyright protection under the Copyright Act 1957)
- Non-copyright able works
- Copyright in Business
- Things to Know Before Using the Copyright
- Fair Use of Copyright Works
Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.
As per Section 107 of the Copyright Act 1976, a copyright disclaimer is a notice that ensures or asks for the fair use of content. Content, in this context, can refer to ideas, videos, comments, journalistic reports, scholarship research and even reviews. Fair use refers to the legal processes validated as per the enactment rules of the copyright.
Visit here to know more about copyright disclaimer: https://vakilsearch.com/copyright-registration/copyright-disclaimer
The presentation deals with various aspects of the act of Copyright .
The presentation explains copyright, tenure of copyright, and the infringement of copyright.
An overview of the basics of US copyright law for entrepreneurs, business people, and creative professionals. "What Is a Copyright?" includes the following:
A brief definition of copyright.
Definitions of the other forms of intellectual property (trademark, patent, and trade secrets).
How copyrights are acquired.
What rights go along with a copyright.
Copyright registration.
For more information, please go to LizerbramLaw.com
RATIONALE OF COPYRIGHT PROTECTION
What is copyright?
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.
Why should copyright be protected?
Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.
Is it not true that strict application of the principle of protection of copyright hampers economic and cultural development of the society?
Yes. If copyright protection is applied rigidly, it can hamper progress of the society. However, copyright laws are enacted with necessary exceptions and limitations to ensure that a balance is maintained between the interests of the creators and of the community.
To strike an appropriate and viable balance between the rights of the copyright owners and the interests of the society as a whole, there are exceptions in the law. Many types of exploitation of work which are for social purposes such as education, religious ceremonies, and so on are exempted from the operation of the rights granted in the Act. Copyright in a work is considered as infringed only if a substantial part is made use of unauthorizedly. What is ‘substantial’ varies from case to case. More often than not, it is a matter of quality rather than quantity. For example, if a lyricist copy a very catching phrase from another lyricist’s song, there is likely to be infringement even if that phrase is very short.
Does the law allow any use of a work without permission of the owner of the copyright, and, if so, which are they?
Subject to certain conditions, a fair deal for research, study, criticism, review and news reporting, as well as use of works in library and schools and in the legislatures, is permitted without specific permission of the copyright owners. In order to protect the interests of users, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. Some of the exemptions are the uses of the work
1.
for the purpose of research or private study,
2.
for criticism or review,
3.
for reporting current events,
4.
in connection with judicial proceeding,
5.
performance by an amateur club or society if the performance is given to a non-paying audience, and
6.
the making of sound recordings of literary, dramatic or musical works under certain conditions.
What is the scope of protection in the Copyright Act,1957 ?
The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright in an idea.
Does copyright apply to titles and names ?
Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright a work must be original.
WORK
What is a work?
A work means any of the following , namely, a literary, dramatic, musical or artistic work
Copyright - Concept & Use
- What is Copyright?
- Copyright Law of India
- Rights to the Author
- Know Your Rights
- Copyright Protection
- Copyright able Works and Its Duration (copyright protection under the Copyright Act 1957)
- Non-copyright able works
- Copyright in Business
- Things to Know Before Using the Copyright
- Fair Use of Copyright Works
Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.
As per Section 107 of the Copyright Act 1976, a copyright disclaimer is a notice that ensures or asks for the fair use of content. Content, in this context, can refer to ideas, videos, comments, journalistic reports, scholarship research and even reviews. Fair use refers to the legal processes validated as per the enactment rules of the copyright.
Visit here to know more about copyright disclaimer: https://vakilsearch.com/copyright-registration/copyright-disclaimer
The presentation deals with various aspects of the act of Copyright .
The presentation explains copyright, tenure of copyright, and the infringement of copyright.
An overview of the basics of US copyright law for entrepreneurs, business people, and creative professionals. "What Is a Copyright?" includes the following:
A brief definition of copyright.
Definitions of the other forms of intellectual property (trademark, patent, and trade secrets).
How copyrights are acquired.
What rights go along with a copyright.
Copyright registration.
For more information, please go to LizerbramLaw.com
TYPES OF INTELLECTUAL PROPERTIES AND LEGISLATIONS COVERING IPR IN INDIA : PAT...KISHLAYRANJAN
TYPES OF INTELLECTUAL PROPERTIES AND LEGISLATIONS COVERING IPR IN INDIA: PATENTS, COPYRIGHTS
In this presentation, you will get to know about copyright, patents, and Intellectual property rights in India. The duration of patent and how copyright is different from the patent.
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.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
2. WHAT IS INTELLECTUAL PROPERTY?
• Intellectual property (IP) refers to creations of the
mind, such as inventions; literary and artistic works;
designs; and symbols, names and images used in
commerce.
• IP is protected in law by, law their five components
are Patents, Copyright, Trademark, G.I, Industrial
Design which enable people to earn recognition or
financial benefit from what they invent or create. By
striking the right balance between the interests of
innovators and the wider public interest, the IP system
aims to foster an environment in which creativity and
innovation can flourish.
3. TYPES OF INTELLECTUAL PROPERTY
• COPYRIGHT : Copyright is a legal term used to describe the rights that creators have
over their literary and artistic works. Works covered by copyright range from books,
music, paintings, sculpture and films, to computer programs databases, advertisements,
maps and technical drawings.
• PATENT : A patent is an exclusive right granted for an invention. Generally speaking, a
patent provides the patent owner with the right to decide how - or whether - the
invention can be used by others. In exchange for this right, the patent owner makes
technical information about the invention publicly available in the published patent
document.
• TRADEMARK : A trademark is a sign capable of distinguishing the goods or services of
one enterprise from those of other enterprises. Trademarks date back to ancient times
when artisans used to put their signature or "mark" on their products.
• INDUSTRIAL DESIGN :An industrial design constitutes the ornamental or aesthetic
aspect of an article. A design may consist of three-dimensional features, such as the
shape or surface of an article, or of two-dimensional features, such as patterns, lines or
color.
• GEOGRAPHICAL INDICATIONS :Geographical indications and appellations of origin are
signs used on goods that have a specific geographical origin and possess qualities, a
reputation or characteristics that are essentially attributable to that place of origin.
Most commonly, a geographical indication includes the name of the place of origin of
the goods.
4. COPYRIGHT
The copyright act, 1957, along with the copyright rules, 1958, is
the governing law for copyright protection in India. Copyright
laws serve to create property rights for certain kinds of
intellectual property, generally called works of authorship.
Copyright laws protect the legal rights of the creator of an
‘original work’ by preventing others from reproducing the work
in any other way.
5. KINDS OF WORK COVERED UNDER COPYRIGHT
• Literary Works
• Dramatic Works
• Musical Works
• Musical Works
• Artistic Works
• Cinematographic Films and Sound Recordings
• Sound recordings.
• Ideas, concepts, principles, or methods of operation are not
subject to a copyright, but the original work that is authored
or created from such ideas or concepts may become subject
to a copyright.
6. Copyright Protection:
• There are four basic concepts central to the idea of copyright
protection as discussed here.
Idea vs. Expression:
• It is necessary to fix the boundary between the idea and the
expression contained in the original work. It is important to note
that copyright applies only to the expression and not to the idea.
But what constitutes the idea and not the expression can be a
source of great legal debate.
Originality:
• To get protection under copyright laws, it is important to establish
that the work originates from the author and is not a copied work.
Fixation: Copyright can exist only if the work is represented in a
material form. It is only if the book is written, the sound is recorded, or
the painting or sculpture is executed, that the work is eligible for
protection under copyright laws.
Fair Use:
• Copyright holders are deemed to consent to fair use of their work
by others. Fair use is not defined but can include use in the course
of news reporting, commenting, scientific research, etc.
7. COPYRIGHT TERMS:
In most cases, the term of copyright is the lifetime of the author plus 60 years
thereafter. There are some notable exceptions as given below:
1. Broadcasting organization has rights with respect to their broadcasts. The
term of this right is 25 years from the beginning of the calendar year
following the year in which the broadcast is made.
2. Performers have some special rights in relation to their performance.
These rights are for a period of 50 years from the beginning of the
calendar year following the year of the first performance.
3. In case of posthumous publications, the rights stand for a period of 60
years after the publication.
9. INFRINGEMENT OF COPYRIGHT:
• A copyright grants protection to the creator of an original work and
prevents such work from being copied or reproduced without consent.
The creator of a work can prohibit anyone from
• i. Reproducing the work in any form, such as print, sound, video, etc.,
• ii. Recording the work in compact disks, cassettes, etc.,
• iii. Broadcasting it in any form,
• iv. Translating it into other languages, and
• v. Using the work for a public performance, such as a stage drama or
musical performance.
The penalty for such an offence is imprisonment (minimum of seven days and
maximum of three years) and a fine (Rs. 50,000 to Rs. 2, 00,000). If the
offender pleads and proves that he/she used the infringing copy for personal
use and not in the course of trade, court is likely to take a lenient view of the
matter and impose the minimum fine of Rs. 50,000.
10. WHAT ARE PATENTS
Patent, is a legal document granted by the government giving an inventor the
exclusive right to make, use, and sell an invention for a specified number of
years. Patents are also available for significant improvements on previously
invented items. The goal of the patent system is to encourage inventors to
advance the state of technology by awarding them special rights to benefit
from their inventions. Books, movies, and works of art cannot be patented,
but protection is available for such items under the law of copyright.
Patent law centers round the concept of novelty and inventive step (or lack of
obviousness). The right which they accord is to prevent all others, not just
imitators but even independent devisors of the same idea from using the
invention for the duration of the patent. The special potential of a patent is
accordingly that it may be used to prevent all others from including any form
of invention in their product and services. A patent thus poses serious
difficulties for its competitors. This is why patents are not freely available for
all industrial improvements but only what is judged to qualify as a patentable
invention.
11. What is Patentable?
To qualify for a patent, the invention must meet three basic tests. First, it must be
novel, meaning that the invention did not previously exist. Second, the invention must
be non-obvious, which means that the invention must be a significant improvement to
existing technology. Simple changes to previously known devices do not comprise a
patentable invention. Finally, the proposed invention must be useful. Legal experts
commonly interpret this to mean that no patent will be granted for inventions that can
only be used for an illegal or immoral purpose.
Under the Indian patent law a patent can be obtained only for an invention which is
new and useful. The invention must relate to a machine, article or substance produced
by manufacture, or the process of manufacture of an article. A patent may also be
obtained for an improvement of an article or of a process of manufacture. In regard to
medicine or drug and certain classes of chemicals no patent is granted for the
substance itself even if new, but a process of manufacturing and substance is
patentable. The application for a patent must be true and the first inventor or the
person who has derived title from him, the right to apply for a patent being
assignable.
12. PROCEDURE
In India as per the Patent Act of 1970, an application for a patent may be made
by the actual inventor of the invention, or an assignee of the right to make an
application or a legal representative of either. It is the person who first applies
for a patent who is entitled to the grant. A prior inventor of the invention who
applies subsequently will not get the patent as against the first applicant. A
person who has merely communicated the idea to another, who actually gave
practical shape to the idea and developed the invention, cannot claim to be the
first and true inventor. A foreign national resident abroad is not prohibited from
making an application and obtaining a Patent in India.
An application for a patent in the prescribed form along with the prescribed fee
should be filed in appropriate office of the patent office. An application is
required to be filed according to the territorial limits where the applicant or the
first mentioned applicant in case of joint applicants for a patent normally
resides or has domicile or has a place of business or the place from where the
invention actually originated. If the applicant for the patent or party in a
proceeding having no business places or domicile in India, the appropriate
office will be according to the address of service in India given by the applicant
or party in a proceeding.
13. RELIEF AVAILABLE TO PATENTEE FOR
INFRINGEMENT
Section 108 (1) of the Patents Act, 1970 provides for the Reliefs in suit for
infringement. It states that – “The reliefs which a court may grant in any suit
for infringement includes an injunction (subject to such terms, if any, as the
court thinks fit) and, at the option of the plaintiff, either damages or an
account of profits.”
• The reliefs that are available to a patentee in suit for patent infringement
against an infringer are:-
• Permanent injunction;
• Temporary / Interlocutory injunction;
• Ex-parte injunction;
• Damages or an account of profits;
• Seizure, forfeiture or destruction of infringing products / goods and / or
materials and implements predominantly used in the creation of the
infringing products / goods
14. TRADEMARK
WHAT IS A TRADEMARK?
• A trademark is any sign that individualizes the goods of a given enterprise and
distinguishes them from goods of its competitors. Marketing of a particular good
or service by the producer is much better off as by trademark because
recognition becomes easier and quality is assured. The owner of the mark can
prevent the use of similar or identical signs by competitors if such marks can lead
to confusion. By this way similar low quality substitutes will be prevented from
replacing good quality ones. A trademark is a word or symbol or combination
thereof used by manufacturer or vendor in connection with a product or service.
The distinctiveness is maintained as well as sales are much smoother as people
are able to identify with that particular commodity or service.
• The Trade Mark Act, 1999 defines “well Known Trade mark” as a mark in relation
to any goods and services which has become so to the substantial segment which
uses such goods or receives such services that the use of such mark in relation to
other goods or services would be likely to be taken as indicating a connection in
course of trade or rendering of services between those goods or services and a
person using the mark in relation to the first mentioned goods or services.
Trademark is one of the areas of intellectual property and its purpose is to
protect the mark of the product or that of a service.
15. TYPES OF TRADEMARKS
• Service Mark
• Collective Mark
• Certification Mark
• Trade Dress
16. SERVICE MARKS
• A service Mark is any word, name, symbol, device, or any combination used or
intended to be used in commerce to identify and distinguish the services of one
provider by others and to indicate the source of services. It is basically useful in
distinguishing one service provider from the other. Service Marks do not cover
physical goods but only the provision of services. Service marks are used to identify
a service, as Trademarks are used for protection of goods
• Service Marks are used in a number of day to day services some examples of them
are:-
• Management and investment services
• housing development services
• Advertising Promotional services
• sponsorship
• speed reading instruction
• Hotel and motel services
• Entertainment services rendered by individual , group or theatre.
• A service mark is generally adopted so that it can play a crucial role in marketing,
promoting and sales of a product or service, it also plays the role of referring to a
particular quality or standard for which the service mark is used.
17. COLLECTIVE MARK
• A collective Mark is one used by members of a cooperative
association, union or other collective group or other group or
organization to identify source the of goods or services. A collective
mark means a mark which is utilized for goods and services with
same characteristics which are to be traded by one or more person
acting jointly or legal entity for differentiation with other goods or
services of same kind.[
• There are two types of Collective Marks or legal entity for
differentiation with other goods or services of same kind. They are:-
• Collective Membership Mark These marks are not used to indicate
source of goods or services but they indicate that the seller is part of
a defined group.
• Collective Trademarks and collective Service marks These are used
to indicate the source. Such collective marks are used by a group to
indicate that the goods or services offered by each individual
member of the group are products or services of the collective.
• A collective mark is for use by the individual members of an
organization but is registered as a whole.
18. CERTIFICATION MARK
• A certificate is evidence or probative matter providing assurance that some
act has or has not been done or some event occurred or some legal formality
has been complied with.
• A certification Mark is a mark which indicates that certain qualities of goods
or services in connection with which the mark are used is certified. A
certification mark is thus defined in the Trademarks Act 1994, Section 50 as a
mark indicating that the goods or services in connection with which it is used
are certified by the proprietor of the mark in respect of origin, material, and
mode of manufacture of goods or performance of services, quality, accuracy,
or other characteristics.
• Registration of Certification Mark is done according to the Trademarks Act
1994. An important requirement for registration of certification mark is that
entity which applies for registration is “competent to certify” the products
concerned. Thus owner of certification mark must be representative of
products to which certification mark applies. An authorized user of a
certification Mark is expressly likened to a license of a trademark in specified
circumstances, namely unauthorized application of the mark to certain
material, prohibition of importation of infringing goods and order as to
disposal of infringing goods.A registered mark maybe assigned according to
registrar.
19. TRADE DRESS
Trade dress refers to combination of elements that make up the look, feel, or
environment of a product or business; the term can refer to individual elements of a
product or business image as well as to the image the combination of those
elements creates as a whole. Trade Dress is non functional physical detail. Trade
Dress may include a few important features like:-
• Packaging
• Size
• Shape
• Colour
• Colour Combination
• Texture
• Graphics
• Design
• Placement of words and decorations on a product
• Particular Sale Technique
Trade Dress can be mere coloring, surface ornamentation or a general appearance, a
design patentable invention has to be a shape or appearance of a specific article
which is more than a surface appearance, which relates to the overall appearance of
the article and which is different enough to be considered unobvious. Trade Dress
may be protected under Lanham Act. It is advisable for every manufacturer to
protect his trade dress as it can be easily copied
22. INDUSTRIAL DESIGN
Industrial Design protection is provided for a shape, configuration, surface
pattern, colour, or line (or a combination of these), which, when applied to a
functional article, produces or increases aesthetics, and improves the visual
appearance of the design, be it a two-dimensional or a three-dimensional
article. As per Indian Law, under the Design Act of 2000, 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. They can
then be renewed once for an additional period of 5 years. Design protection
provides geographical rights, like Patents and Trademarks do. To obtain Design
Protection in India, the same has to be registered in India.
23. THE PRE-REQUISITES FOR A DESIGN TO QUALIFY
FOR PROTECTION ARE AS FOLLOWS:
• It should be novel and original
• It should be applicable to a functional article
• It should be visible on a finished article
• It should be non-obvious
• There should be no prior publication or disclosure
of the design.
24. PROCEDURE
The application procedure for Design protection is fairly simple. The
Design office provides a paper filing option as well as an online filing
option. All designs are categorized as per the Locarno Classification for
Industrial Designs, and filing is done as per the class that pertains to
the design in question. An application is to be submitted to the design
office with the desired designs, with a classification code and a
description of the design. The application then goes through an
examination process, after which the applicant receives a
communication from the Design office regarding any objections, if
present. After rectifying the application based on the objections and
responding to the Design Office, the application will be granted if all
the requirements are met. Once granted, and if there is no objection
from any third party sources, the design is exclusive to the owner for
the time period mentioned above.
25. IMPORTANCE IN COMMERCIAL WORLD
Why should one look into filing for Industrial Design?
• The outer appearance of a product makes it visually more appealing and
attractive. This acts as a value-adding aspect, which in turn increases the
marketability of the product. This leads to the need to protect your
creation from third parties’ use, in order to prevent them from taking
advantage of your rights in this world of competition. In many cases, the
design itself becomes the identity of a brand. Some of the most famous
examples are Coca Cola’s contour bottle, the contours of the iPhone/iPod,
and the shape of the Volkswagen Beetle and the Mini Cooper.
• When a product’s design is protected, it stops illegitimate products from
destroying the brand’s efficacy and safety. Protection of industrial designs
also encourages creativity in the manufacturing and industrial sectors,
which leads to an expansion in commercial activities.
26.
27. GEOGRAPHICAL INDICATIONS
Geographical indications means any indications which define the
goods as originating in the territory of a country or a region or
locality in that territory, provided a given quality reputation or
other characteristics of the product are attributable to its
geographical origin. this means that the geographical indications
has to indicate that a product of a particular origin has a certain
quality or reputation or some other characteristics, which is
essentially attributable to its geographical origin.
28. NEED FOR LEGAL PROTECTION OF GI
Given its commercial potential, legal protection of GI
assumes enormous significance. Without suitable legal
protection, the competitors who do not have any legitimate
rights on the GI might ride free on its reputation. Such
unfair business practices result in loss of revenue for the
genuine right-holders of the GI and also misleads
consumers. Moreover, such practices may eventually
hamper the goodwill and reputation associated with the GI.
29. THE INDIAN GI ACT
• India has put in place a sui generis system of protection for GI with enactment of a law
exclusively dealing with protection of GIs. The legislations which deals with protection
of GI’s in India are ‘The Geographical Indications of Goods (Registration & Protection)
Act, 1999’ (GI Act), and the ‘Geographical Indications of Goods (Registration and
Protection) Rules, 2002 (GI Rules). India enacted its GI legislations for the country to put
in place national intellectual property laws in compliance with India’s obligations under
TRIPS. Under the purview of the GI Act, which came into force, along with the GI Rules,
with effect from 15 September 2003, the central government has established the
Geographical Indications Registry with all-India jurisdiction, at Chennai, where right-
holders can register their GI.
• Unlike TRIPS, in the GI Act does not restrict itself to wines and spirits, Rather, it has been
left to the discretion of the central government to decide which products should be
accorded higher levels of protection. This approach has deliberately been taken by the
drafters of the Indian Act with the aim of providing stringent protection as guaranteed
under the TRIPS Agreement to GI of Indian origin. However, other WTO members are
not obligated to ensure Article 23-type protection to all Indian GI, thereby leaving room
for their misappropriation in the international arena.
• The definition of GI included in Section 1(3) (e) of the Indian GI Act clarifies that for the
purposes of this clause, any name which is not the name of a country, region or locality
of that country “shall” also be considered as a GI if it relates to a specific geographical
area and is used upon or in relation to particular goods originating from that country,
region or locality, as the case may be. This provision enables the providing protection to
symbols other than geographical names, such as ‘Basmati’.
30. REGISTRATION
While registration of GI is not mandatory in India, Section 20 (1) of the GI Act states
that no person “shall” be entitled to institute any proceeding to prevent, or to recover
damages for, the infringement of an “unregistered” GI. The registration of a GI gives its
registered owner and its authorized users the right to obtain relief for infringement.
The GI Registry with all India jurisdictions is located in Chennai with the Controller-
General of Patents, Designs and Trade Marks is the Registrar of GIs, as per Section 3(1)
of the GI Act. Section 6(1) further stipulates maintenance of a GI Register which is to
be divided into two parts: Part A and Part B. The particulars relating to the registration
of the GIs are incorporated in Part A, while the particulars relating to the registration
of the authorized users are contained in Part B (Section 7 of the Act).
• A GI may be registered in respect of any or all of the goods, comprised in such
class of goods as may be classified by the Registrar. The Registrar is required to
classify the goods, as far as possible, in accordance with the International
classification of goods for the purposes of registration of GI (Section 8 of the Act).
A single application may be made for registration of a GI for different classes of
goods and fee payable is to be in respect of each such class of goods.
• In India a GI may initially be registered for a period of ten years, and it can be
renewed from time to time for further periods of 10 years. Indian law place certain
restrictions in that a registered GI is not a subject matter of assignment,
transmission, licensing, pledge, mortgage or any such other agreement.
31. CASE STUDY – DARJEELING TEA
Tea is India’s oldest industry in the organized manufacturing sector and
has retained its position as the single largest employer in this sector.
Around 30 per cent of the world’s tea is produced in the country. India
is also the world’s largest consumer of tea. However, on the export
front India is facing huge competition from other key tea producing
countries, such as Kenya, Sri Lanka and China.
Darjeeling’ tea is a premium quality tea produced in the hilly regions of
the Darjeeling district West Bengal-a state in the eastern province of
India. Among the teas grown in India, Darjeeling tea offers distinctive
characteristics of quality and flavour, and also a global reputation for
more than a century. Broadly speaking there are two factors which
have contributed to such an exceptional and distinctive taste, namely
geographical origin and processing. The tea gardens are located at
elevations of over 2000 meters above sea level.
32. • Why Protect “Darjeeling Tea” as Geographical Indication
• An adequate legal protection is necessary for the protection
of legitimate right holders of Darjeeling tea from the
dishonest business practices of various commercial entities.
For instance, tea produced in countries like Kenya, Sri Lanka
or even Nepal has often been passed off around the world as
‘Darjeeling tea’. Appropriate legal protection of this GI can go
a long way in preventing such misuse.
• Without adequate GI protection both in the domestic and
international arena it would be difficult to prevent the misuse
of Darjeeling Tea’s reputation, wherein tea produced
elsewhere would also be sold under the Darjeeling brand,
causing damage to consumers and denying the premium price
to Darjeeling tea industry. The industry is now waking up to
the fact that unless Darjeeling Tea is properly marketed and
branded, the survival of the industry may be at stake and GI
protection along with stringent enforcement can go a long
way in helping the industry to improve its financial situation.
33. CONCLUSION
While the Tea Board has made strides in its quest for
international recognition of Darjeeling tea as a trademark,
recognition of Darjeeling Tea as a Geographical Indicator in
the international arena is still to be achieved, primarily due to
the fact that Article 23 of TRIPS gives good protection to
Wines and Spirits, but currently not for other products. The
lack of a multilateral system of notification and registration for
products like Darjeeling Tea which is available for wines and
spirits, is jeopardizing the international protection that would
offer adequate protection. It is there important for India i to
seek extension of GI protection to other products by
amending Article 23 of the TRIPS.
34. Quantum of Punishment
Falsification or false application of a GI is punishable
with a minimum imprisonment of six months, which
may extend to three years and with a minimum fine of
fifty thousand that may extend to two lakh rupees.
Some examples of GI are Darjeeling Tea, Pochampalli
Saree, Chanderi Saree, Kanjeevaram Silk, Champagne
Wine, Scotch Whisky.