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presentation on trademark and copyright
- 1. Presentation on Copyright and Trademark Presented to, Presented by, Dr. Janpreet Singh Ajay Kumar Assistant Professor M.Sc. Physics (4th sem.) Centre for Physical Sciences Reg.- 16mscphy09
- 2. Content •Intellectual properties •WIPO •Types of intellectual properties & its constitution aspects -Copyright -Trademark
- 3. Introduction to IP • Intellect means Mental Power • Intellectual property is a legal field that refers to creations of the mind such as musical, literary, and artistic works; inventions. • Intellectual property is the intangible but legally recognized right to property in the products of one’s intellect. • Intellectual property rights allow the originator of certain ideas, inventions, and expressions to exclude others from using those ideas, inventions, and expressions without permission.
- 4. WIPO • World Intellectual Property Organization is one of the specialized Agencies of the united nations. • WIPO was created in 1967 “To Encourage creative activity, To promote the protection of intellectual property through out the world”. • WIPO currently has 191 member states and its headquartered in Geneva , Switzerland. • WIPO became a specialized agency of the UN in 1974. • India join WIPO in 1975.
- 5. Main types of intellectual Property Copyrights: Geographical Indication: Industrial Designs: Patents: Trademarks:
- 6. Constitutional aspects of IP The Constitution plays an important part in helping courts and justify a balance between conflicting rights. There is no such intellectual property clause in the Indian Constitution. No mention of IP but just the word "property" Article 19 - Freedom to acquire its property Article 31 - Protection from deprivation of property Article 32 - Property could be acquired for public purpose only by law and only on payment of compensation
- 7. . Comparative Chart Of Intellectual Property Rights
- 8. COPYRIGHT • Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. • This property right can be sold or transferred to others. Source:-https://www.company360.in/blog/assets/images/Copyright/copyright-registration-assignment- india-company360.jpg
- 9. Copyrights protection given to- Books Music Painting & Sculpture Technical drawing and Maps Films, Advertisements Computer prog. Databases Architectural works
- 10. Copyright protection does not given to Idea Principle System Concepts Method of operation Procedure Process
- 11. Plagiarism vs. Copyright Both have same meaning -Copying without permission. Copyright violation is taking someone else’s work and using it without permission. Plagiarism is taking someone else’s work and using it as your own.
- 12. What rights does copyright give me? There are two types of rights under copyright:- • Economic rights:-which allow the rights owner to derive financial reward from the use of his works by others. • Moral rights:-which protect the non-economic interests of the author like fame.
- 13. Copyright registration in India
- 15. Copyright work Registration fees Duration Literary, Dramatic, Musical or Artistic work Rs. 500/- per work Author’s lifetime + 50 years Copyright in a Cinematograph Film Rs. 5,000/- per work 50 years Copyright in a Sound Recording Rs. 2,000/- per work 25 years Copyright protection always expires on December 31 of the last calendar year of protection Duration and fees of copyright work
- 16. Copyright Infringement • In case of criminal copyright infringement, the minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of Rs. 50,000/-. • In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of Rs. 1,00,000/-.
- 18. 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. Source:-http://libertatemmagazine.com/igniting-minds/mark-get-set-go/
- 19. Unregistered Trademark is a mark used to promote goods. Service mark is identifies and distinguishes the source of a service. For registered trademark. Types of trademark
- 20. Important of trademarks • Indicates the source of origin of goods or services • Helps guarantee the quality of goods bearing the mark • Creates and maintains a demand for the product • Guarantees its unchanged quality • Advertises the goods/services • Creates an image for the goods/ services.
- 22. Trademark…… intellectual properties Registration fees Duration Renewal time Renewal fees Trademark • Rs. 9000 for E-filing & Rs.10,000 for physical filing for legal entities • Rs. 4500 for E-filing & Rs.5,000 for physical filing for individual 10 years After 10 years Same as the registration fees
- 24. Trademark Infringement Infringement Penalty Applying Unauthorised Trademark Imprisonment which shall be 6 months to 2 years or fine. 50,000/- to 2,00,000/- falsely representing trademark as registered Imprisonment which shall be 6 months to 3 years or fine. 50,000/- to 2,00,000/-, may be both someone claim that its trademarks confused my customers Monetary damages:-The amount of damages can be based on the profit that the violator made from the infringing products or the profit that the trademark owner lost. FIR :-Imprisonment which shall be 6 months to 2 years or fine. 50,000/- to 2,00,000/-