Intelectual Prty Ryts Final (1)

7/28/2019 Intelectual Prty Ryts Final (1)

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Intellectual

Property Rights


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Intellectual Property

Intellectual property refers to

creations of the mind:

inventions;

literary and artistic works; and

symbols, names, images &designs used in commerce.


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The right to prevent others from using

manufacturing

distributing

products

processes

applications

trade namesgeographical names

ideas

designs

Industrial Property Rights


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Intellectual Property Rights

Patents

Trade marks

Geographical

Indication

Industrial designs

Copyrights

IP is divided into two categories:

Industrial property & Copyrights.


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Why promote and protectIntellectual Property?

To create and invent new works inthe areas of technology andculture.

Encourages the commitment ofadditional resources for furtherinnovation.

Leads to economic growth,creates new jobs and industries,and enhances the quality andenjoyment of life.


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How does the average personbenefit?

Researchers and inventors wouldhave little incentive to continueproducing better and more efficientproducts for consumers.

Consumers would have no meansto confidently buy products orservices without reliable,international trademark protection.

Recording, publishing and softwareindustries would not exist withoutcopyright protection.


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What is a Patent?

The right to exclusivelyproduce,

use and/or market a product,process or application.

A patent provides patentowners with protection for

their inventions. Protection isgranted for a limited period,generally 20 years.


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A Patent gives an inventor the right for a limited period of timeto stop others from making, using, selling or importing thepatented invention without the permission of the inventor. Thatis why a patent is called a "negative right".

Patents are generally concerned with functional and technicalaspects of products and processes and must fulfill specificconditions to be granted.

Most patents are for incremental improvements in knowntechnology - evolution rather than revolution. The technology

does not have to be complex. Patent rights are territorial; an Indian patent does not confer

any rights outside India.

Patent rights last for 20 years in India and also in mostcountries outside India.

Depending on where you wish your patent to be in effect, you

must apply to the appropriate body. In India, it is The IndianPatent Office. There are various Patent Offices around theworld. Alternatively, a Patent Agent can apply on your behalf.


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What is a trademark?

A trademark is a distinctive signthat identifies certain goods orservices produced or provided by

an individual or a company. The system helps consumers to

identify and purchase a productor service based on whether itsspecific characteristics andquality.


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Trade marks

Name

Logotype

Symbol

Slogan

Shape

Color


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It also gives moral rights to be identified as the creator of certain

kinds of material and to object to its distortion or its mutilation.

(Material protected by copyright is termed as "work").

Copyright does not protect ideas, names or titles.

The purpose of Copyright law in India is to allow Copyright

registrants to gain economic rewards for their efforts and toencourage future creativity and the development of new material

which benefits everyone.

Copyright material is usually the result of creative skills and/or

significant labour and/or investment, and without protection, it

would often be very easy for others to exploit material without

paying the creator.


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Most uses of Copyright material therefore require permission

from the Copyright owner. However there are certain

exceptions where some minor uses may not result inCopyright infringement.

Copyright protection is automatic as soon as there is a record

in any form of the material that has been created.

There is a provision to register the Copyright under the Indian

Copyright Act, although this is voluntary


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What is an Industrial Design?

An industrial design refers to theornamental or aesthetic aspects ofan article. A design may consist ofthree-dimensional features, such as

the shape or surface of an article, ortwo-dimensional features, such aspatterns, lines or color.

Applied to technical and medical

instruments, watches, jewelry,house wares, electrical appliances,vehicles, architectural structures,textile designs, etc


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In India, Designs are protected by two legalrights:

Registered Designs and

Artistic Copyright

Design registration in India gives the owner amonopoly on his or her product, i.e. the right for alimited period to stop others from making, using orselling the product without their permission and isadditional to any Copyright protection that mayexist automatically in the design
http://www.rkdewan.com/iprOverviewCopyright.jsphttp://www.rkdewan.com/iprOverviewCopyright.jsp


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What is a GeographicalIndication?

A geographical indication is asign used on goods that havea specific geographical originand possess qualities or areputation due to that place oforigin.

They may highlight specific

qualities of a product due tospecific manufacturing skillsused in the place of origin.


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A Geographical Indications Registry has beenestablished in Chennai for the purpose of

administering the legislation. Appeal against theRegistrar's decision would be to the IntellectualProperty Appellate Board established under theTrade Marks legislation.

The legislation is administered through theGeographical Indications Registry under the overallcharge of the Controller General of Patents, Designsand Trademarks. This Act, along with theGeographical Indications of Goods (Registration and

Protection) Rules, 2002 came into force onSeptember 15, 2003.


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Significance of Geographical IndicationRegistration

Such identification enables the product to gain a reputationand goodwill all over the world, consequently resulting inpremium prices in national and international markets.

Recognition of a particular commodity as a Geographical

Indication also confers the right to protection under theGeographical Indication Act, 1999, thereby preventing anunauthorized use of the commodity registered as GI by anythird party.

Geographical Indication registration encourages communityownership and therefore it helps in proper distribution of theeconomic benefits accrued from commercialization of thecommodity across a wider section of people in that territory.


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What are Copyright andRelated Rights?

Copyright laws grant authors,artists and other creators,protection for their literary and

artistic creations. It includes literary and artistic

works such as novels, poems andplays, films, musical works,artistic works such as drawings,paintings, photographs andsculptures, and architectural

designs.


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Related Rights

A closely associated field isrelated rights or rights related

to copyright but are of limited andof shorter duration.


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Duration of protection

YEARS RENEWABLE

Patents 20 No

Trade marks 6-10 Yes

Designs 6-10 Yes

Copyright 70after death

No


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IRP Protection in India-

organizational structureMinistry of Industry & Commerce

Office of the Controller

General of Patents, DesignsAnd Trademarks

Designs wing

(Kolkatta)

Patent office

( Kolkatta, Delhi,

Mumbai, Chennai)

Trade Marks Registry

( Kolkatta, Delhi,

Mumbai, Ahmedabad

Chennai)

Geographical

Indications

Registry

( Chennai)

Patent

Information

Service

( Nagpur)


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Tommy Hilfiger Licensing Inc.vs. Nature Labs LLC

The US District Court in New York dismissedTommy Hilfiger Licensing Inc's suit finding that"Timmy Holedigger", Nature Labs perfume fordogs, does not infringe on the fashion designerand perfume maker's trademark.

Nature Labs sells its perfumes inpet and novelty stores,packaged in batches of threesimilar bottles,bearing slogans like "strongenough for a man,but made for a Chihuahua."


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The Court ruled that the perfume, called TimmyHoledigger, could not under any circumstance be

confused with Tommy Hilfiger perfume, nor could itbe seen as a competing product trading on thedesigner's good will.

Besides, Nature Labs LLC, sells numerous other

parody fragrances for pets,including Pucci (Gucci), Bono Sports (Ralph Lauren'sPolo Sports)and Miss Claybone (Liz Claiborne).

The Court observed that the other trademark holdershave accepted the parody and not challenged NatureLab's Trademarks.


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Thank You

Intelectual Prty Ryts Final (1)

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