Analyzing IP Risks

Dr. Kalyan C. Kankanala Email: kalyan@brainleague.com Blog: www.sinapseblog.com Course: www.onlineipcourses.com

Patent Risks

Patent Rights
Territory Product Patent - Make, Use, Sell, Offer for Sale and Import. Process patent - Use

Infringement
Literal Infringement Infringement by Equivalence

Direct Infringement
Claim Construction Comparison Claim by claim - element by element

Claim Construction
Claim Preamble Transition Body I claim a 'ceiling Fan' comprising of a base connected to a solid rod, which in turn is connected to a rotor with three wings.

Claim Construction
Preamble - I claim a 'ceiling Fan' Transition - comprising of Body - base connected to a solid rod, which in turn is connected to a rotor with three wings.

Claim Elements
Base Solid rod Rotor 3 Wings

Is this product infringing?

A ceiling fan having a base to be attached to the ceiling and which has a hollow rod connected to the base. The hollow rod is connected to a circular rotor having 4 wings. I claim a 'ceiling Fan' comprising of a base connected to a solid rod, which inturn is connected to a rotor with three wings.

Doctrine of Equivalence
Equivalents of a claim Function Way Result Prosecution History Estoppel

Example

 Trademark Risks

Trademark Infringement
Registered trademark Identical or Deceptively Similar marks Identical or similar goods or services Likelihood of confusion Famous mark

Passing Off
Misrepresentation Course of trade Consumers Injury to business or good will Actual damage

Cable News Network Vs. Cam News Network

CNN - World news on electronic media Defendant - Printing and publication of news, journals and magazines - CAM News Network (CNN on cover page) Held passing off - Injunction granted

Horlicks Limited Vs. Kartick Sadhakan

Horlicks Trademark - energy boosting products Defendant - Toffee Held liable for passing off

Adobe Vs. Rohit

Registered domain name www.adobe.org Held Domain Name registration not authorized Restrained from use Punitive damages Rs. 5 lakhs

 Copyright Risks

Copyrights
Reproduce Adapt Distribute Derivative works Public Display Public Performance

Moral Rights

Copyright Infringement
Without Permission Exercises Rights Access Copying

Defenses
Ideas Facts Work in Public Domain Fair dealing or Fair Use

Mackie v. Rieser
Image of an artist's sculpture included in brochure Held liable for copyright infringement Damages - 1, 000 dollars

Silver Ring Splint v. Digisplint

Jewelry manufacturer - Website, Catalog and Handbill Alleged that defendant's website and catalog violated copyright Held liable

Amarnath case
Sculpture Mutilated Moral rights

 Thank you kalyan@brainleague.com www.sinapseblog.com www.ipracademy.com www.onlineipcourses.com