IPR Part-I

By: Tejpal sheth

Intellectual Property Rights

Patents Industrial designs Trade and service marks Copy rights

By: Tejpal sheth

FOR MOST PRODUCTS EVERY FORM OF INTELLECTUAL PROPERTY RIGHTS CAN BE OBTAINED

CAMERA

PATENT For every individual improved mechanism

DESIGN For outer shape & Contour / Configuration
TRADE MARK

Brand name or Logo for goods

denoted as

Copy right For Instruction / manual booklet denoted as

By: Tejpal sheth 3

CD PLAYER
Music played on the CD player is protected by copyright Industrial design protection for 3D shape

Brand name- registered under trademark

By: Tejpal sheth

Various technical parts & mechanisms are subject mater of protection 4 under Patents

Origin of trade mark

Concept of identifying source of manufacture by a mark

Its importance was recognized only after industrial revolution

Large companies manufacturing various products by itself or through others and marketed by it lead to use of its own trademark By extensive use and advertisement trademark becomes popular and acquires goodwill. Competition lead to piracy or duplication. THE FIRST TRADEMARK REGISTERED IN U.K UNDER NO.1 OF 1876 IN RESPECT OF READ EQUILATERAL TRIANGLE IN By: 5 RESPECT OF ALCOHOLIC.Tejpal sheth

Back ground of Trade mark act

Trade mark Act 1958
Basic Act

Trade mark Act 1999

Collective Mark Provided Appellate Board constituted Procedure of registration simplified Shape of goods can be registered

Trade mark Rules, 2002

Procedures & forms sheth By: Tejpal
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Requirement of Trade mark

Mark capable of being presented graphically Mark capable of distinguish goods or services Type of Trade mark :
Letter mark Symbol mark Logo Combination of color Sound mark By: Tejpal sheth Smell mark

Prohibition of registration of trade mark

Name not capable to distinguish goods or services Words which are customary in day to day life
Promisory note, ruppe etc.

Word likely to deceive or cause confusion Word which comprises scandalous or obscence matter Which is likely to By: Tejpal sheth hurt religious feelings 8

Prohibition of registration of trade mark

Prohibited by name & emblems Act Name of national leader or use of national anthem Name of chemical compound Name of some of international organization Name of living person or recently dead (within 20 yrs.) If invented word is wholly derived from technical word
Original word nimusulide - Invented wordBy: Tejpal sheth 9 nimulid

Prohibition of registration of trade mark

No exclusive rights for common name or generic name
Microtel Microsoft Micro Mix (Micro is general word- descriptive word) Ruppe Gains Vs. Rupee Times Rupee is descriptive word and not distinctive word 3. Lipi card Vs. Lipi cor Lipi is generic name commanly used in business 4. Coca Cola Vs. Pepsi Cola Cola is common word used in beverage 1. 2.
By: Tejpal sheth 10

Shape which cant be registered?

Shape of goods which results from nature of goods Shape of goods which is necessary to obtain technical results

Shape which gives substantial value to goods

By: Tejpal sheth 11

Protection extent to dissimilar goods

Daimler Benz Vs. Hydro Hindustan
Product of plaintiff was car, defendant used the mark for undergarment

Bata India Ltd Vs. Pyarelal

Bata word used by pyarelal for mattresses for sofa

Ciba Gigy Vs. Surinder Singh

Mr. Singh used the name ciba for filter of motor vehicle
By: Tejpal sheth 12

Procedure for registration

Search report with trade mark registry & from market Examiners search report received An application with fee Representation of mark applied (either in use or to be used). Mark will be accepted & published in trademark journal If no objection is received within 3 months, mark will be registered Renewal after 7 years on payment of fee.
By: Tejpal sheth 13

What is GIR
An indication used to identify agricultural, natural or manufactured goods originating from a definite territory in India. It should have a special quality or characteristics or reputation based upon the climatic or production characteristics unique to the geographical location. The registration of a Geographical Indication is for a period of ten years.

Renewal for further periods of 10 years possible.

Geographical Indication is used to identify goods having special characteristics originating from a definite 14 geographical territory. By: Tejpal sheth

By: Tejpal sheth

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What is copyright ?
COPYRIGHT IS DERIVED FROM THE EXPRESSION "COPIES OF WORDS" USED IN OXFORD DICTIONARY IN 1586. THE WORD 'COPY' DATE BACK TO 1485 AND USED TO CANNOTE A MANUSCRIPT FOR PRINTING.

COPYRIGHT MEANS THE EXCLUSIVE RIGHT TO DO CERTAIN ACTS IN RELATION TO DO CERTAIN ACTS IN RELATION TO:
1. LITERARY, DRAMATIC OR MUSICAL WORKS

TABLES
COMPILATIONS COMPUTER IF RECORDED IN INFORMATIVE STORAGE DEVICE DISC, TAPES OR OTHER

ANY WORK EXPRESSED IN PRINT OR WRITING

By: Tejpal sheth 16

What is copyright ?
2. DRAMATIC IT INCLUDES ANY PIECE OF REITATION, CHOREOGRAPHIC WORK OR ENTERTAINMENT IN DUMB SHOW, SCENIC ARRANGEMENT OR ACTING FORM OF WHICH FIXED IN WRITING. 3. MUSICAL WORKS COMBINATION OF ANY MELODY AND HARMONY OR EITHER OF THEM PRINTED, REDUCED TO WRITING OR OTHERWISE GRAPHICALLY PRODUCED OR REPRODUCED IT MUST BE ORIGINAL TO QUALIFY FOR COPYRIGHT. NO COPYRIGHT IN A SONG IF MUSIC AND SONG IS OWNED BY SAME PERSON, COPY By: Tejpal sheth 17 RIGHT SUBSIST

What is copyright ?
4. ARTISTIC WORK

PAINTING
A SCULPTURE A DRAWING INCLUDING A DIAGRAM, MAP, CHART OR PLAN AN ENGRAVING A PHOTOGRAPH WHETHER ARTISTIC OR NOT AN ARCHITECTURAL WORK OF ART WORK OF A ARTISTIC CRAFTMENSHIP.

CINEMOTOGRAPHIC FILMS.

By: Tejpal sheth

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Qualification for copyright ?

FIRST PUBLICATION IN INDIA

IF PUBLISHED OUTSIDE INDIA, AUTHOR MUST BE CITIZEN OF INDIA.

IF PUBLICATION AFTER THE DEATH OF THE AUTHOR, HE MUST HAVE BEEN A CITIZEN OF INDIA. IF UNPUBLISHED WORK, THE AUTHOR MUST BE A INDIAN CITIZEN AT TIME OF MAKING WORK. ARCHITECTURAL WORK OF ART, THE WORK IS LOCATED IN INDIA.
By: Tejpal sheth 19

Types of ownership in copyrights

SOFTWARE/MULTIMEDIA: 1. SOFTWARE ENGINEER 2. THE EMPLOYER 3. ANY LICENCEES OF THE EMPLOYER, EXCLUSIVE & NONEXCLUSIVE 4. OWNERS IN VARIOUS TERRITORIES MUSIC: 1. RIGHT OF LYRICIST 2. MUSIC DIRECTOR 3. SINGER 4. ORCHESTRA 5. MUSIC COMPANY 6. VERSION RECORDINGS

By: Tejpal sheth

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Terms of copyrights
FOR LITERARY, DRAMATIC MUSICAL OR ARTISTIC WORK IS LIFETIME OF AUTHOR + 60 YEARS FOR ANONYMOUS OR PSEUDONYMOUS WORK IS 60 YEARS FROM THE DATE OF PUBLISHING FOR A PHOTOGRAPH, SOUND RECORDING, CINEMATOGRAPHIC FILM AND GOVERNMENT WORK IS 60 YEARS FROM DE OF PUBLISHING OF THE WORK.

By: Tejpal sheth

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What constitutes infringement of copyrights

DOING OR AUTHORIZING TO DO ANY OF THE FOLLOWING ACTS WITHOUT THE CONSENT OR LICENSE OF OWNER OF COPYRIGHT

REPRODUCE THE WORK INCLUDING ITS STORAGE ISSUE COPIES TO THE PUBLIC PERFORM/COMMUNICATE THE WORK TO PUBLIC MAKE TRANSLATION OF THE WORK MAKE ADAPTION OF THE WORK PERMIT FOR PROFIT ANY PLACE TO BE USED FOR COMMUNICATION OF THE WORK WHEN INFRINGEMENT MAKE INFRINGING COPIES OF WORK FOR SALE, HIRE OR DISPLAY OR OFFER FOR SALE OR HIRE IMPORT INFRINGING COPIES IN INDIA.
By: Tejpal sheth 22

Exceptions fair use

SECTION 52 OF THE COPYRIGHT ACT ENLISTS ACTS WHICH DO NOT CONSTITUTE INFRINGMENT, VIZ.,

FAIR DEALING FOR THE PURPOSE OF PRIVATE USE, INCLUDING RESEARCH AND CRITICISM OR REVIEW OF THE WORK FAIR DEALING FOR THE PURPOSE OF REPORTING CURRENT EVENTS IN A NEWSPAER, ETC., REPRODUCTION FOR THE PURPOSE OF JUDICIAL PROCEEDING OR REPORT OF JUDICIAL PROCEEDING MAKING OF TEMPORARY OR BACK-UP COPIES TO PROVIDE AGAINST DESTRUCTION OR DAMAGE OBSERVATION, STUDY OR TESTING OF FUNCTIONING OF THE COMPUTER PROGRAMME MAKING OF COPIES OF SOFTWARE FROM A LEGAL COPY By: Tejpal sheth 23 FOR NON-COMMERCIAL PERSONAL USE.