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Similar to this talks about the trademarks and copyrighted subject matter and what is the difference on infringement of the copyright
Similar to this talks about the trademarks and copyrighted subject matter and what is the difference on infringement of the copyright (20)
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this talks about the trademarks and copyrighted subject matter and what is the difference on infringement of the copyright
- 1. Presentation on Copyright and Trademark Presented to, Dr. Janpreet Singh Assistant Professor Centre for Physical Sciences Presented by, Ajay Kumar M.Sc. Physics (4th sem.) 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/-