Intellectual Property Rights

UNIT-I: The Copyrights (Indian Copyright Act, 1957)

Introduction to Copyright Law

What Does Copyright Protect?

Copyright protects "original works of authorship," which can include:

 Literary works (books, poems, articles, code)

 Musical works (songs, compositions)
 Artistic works (paintings, photographs, sculptures)
 Dramatic works (plays, screenplays)
 Cinematographic films
 Sound recordings

What Rights Does Copyright Grant?

Copyright grants the owner a bundle of rights, including:

 The right to reproduce the work

 The right to create derivative works (adaptations, translations)
 The right to distribute copies of the work
 The right to perform the work publicly (for music, plays)
 The right to display the work publicly (for visual arts)

Copyright Requirements

 Originality: The work must be original, meaning it wasn't copied from something else
and owes its creation to the author.
 Tangible form: Copyright protection arises automatically when the work is created in a
fixed or tangible form. Generally, ideas and concepts themselves are not protected by
copyright.
Copyright Duration

The length of copyright protection varies depending on the type of work and the jurisdiction. In
many countries, copyright protection lasts for the author's life plus a certain number of years
after their death (often 70 years).

Fair Use

Copyright law also includes the concept of fair use, which allows limited use of copyrighted
material without permission for purposes such as criticism, commentary, news reporting,
teaching, scholarship, or research.

This is a very brief introduction to copyright law. Copyright law can be complex, and there are
many nuances and exceptions. If you have any specific questions about copyright or how it
applies to your situation, it's always best to consult with a legal professional.

Brief Introduction to related International

Treaties and Conventions
 The Berne Convention for the Protection of Literary and Artistic Works (Berne
Convention): This is the cornerstone of international copyright law. It ensures automatic
copyright protection for all original works in member countries, eliminating the need for
separate registration. The Berne Convention also sets minimum standards for things like
duration of protection (usually 50 years after the author's death) and national treatment
(treating foreign works similarly to domestic works).
 The Universal Copyright Convention (UCC): Established a broader framework for
copyright protection than the Berne Convention. While not as widely adopted, the UCC
played a key role in encouraging more countries to join the international copyright
system.

These treaties promote international exchange of creative works and ensure a level playing field
for creators across borders. There are other treaties that address specific aspects of copyright, like
the WIPO Copyright Treaty (focuses on the digital environment) but these two are the
foundation.

Subject Matter of Copyright, Economic and

Moral Rights (ss2,13,14,15,16, 57)
Subject Matter of Copyright (Section 13)

The Copyright Act, 1957 (India) defines the creative works protected under copyright in Section
13. These works are often referred to as "original works of authorship." Here are the categories
of works granted copyright protection:

1. Original Literary Work: This includes any book, pamphlet, article, story, verse,
computer program, table, compilation, or any other work expressed in print or writing.
2. Original Dramatic Work: This includes any play, screenplay, work prepared for
dramatic performance, including cinematography films.
3. Original Musical Work: This includes any musical composition, with or without words.
4. Original Artistic Work: This includes paintings, sculptures, drawings, photographs,
engravings, architectural works, or any other artistic work of a similar nature.
5. Cinematograph Films: This refers to a work produced by recording images with sound
or without sound on a material substance (film roll, digital format etc.) ordinarily used for
the purpose of exhibiting those images (as a moving picture) with or without sound.
6. Sound Recordings: This includes a recording of sounds from which such sounds may be
reproduced regardless of the medium on which the recording is made or produced.

Important Note: Section 13(3) clarifies that copyright doesn't subsist in any sound recording
made in respect of a literary, dramatic, or musical work if the making of the sound recording
infringed the copyright in such work.

Economic Rights (Sections 14, 15, 16)

Economic rights are a bundle of exclusive rights granted to the copyright owner to control
various aspects of how their work is used. These rights allow the copyright owner to financially
benefit from their creation. Here's a breakdown of some key economic rights under the
Copyright Act:

 Section 14: This section outlines the exclusive rights available to the copyright owner
depending on the type of work. These rights include, but are not limited to, reproduction,
publication, performance, adaptation, translation, and communication to the public.
 Section 15: This section deals with the concept of "assignments" which allows the
copyright owner to transfer their ownership rights to another person.
 Section 16: This section specifies the duration of copyright protection for different
categories of works.

Moral Rights (Section 57)

In addition to economic rights, the Copyright Act also recognizes certain moral rights of the
author. These rights are non-economic and protect the author's non-monetary interests in their
work. Here's what Section 57 covers:

 Right of Attribution: The right to be identified as the author of the work.

 Right of Integrity: The right to object to any distortion, mutilation, or other modification
of the work that would prejudice the author's honor or reputation.

It's important to note that moral rights are personal rights and cannot be assigned to another
person.

Authorship and Ownership (s17), Term of

Copyright and Assignment-Licensing (ss18-31)
Authorship and Ownership (Section 17)

The Copyright Act, 1957 distinguishes between authorship and ownership of copyright.
  Authorship: This refers to the person who creates the work. Section 17 establishes a
general rule that the author is the first owner of the copyright. The Act also specifies who
is considered the author for different categories of works (e.g., author for a literary work
is the writer).
 Ownership: Ownership refers to the person who holds the copyright rights. While the
author is usually the first owner, there are exceptions under Section 17. Here are some
scenarios where ownership might differ from authorship:
o Works Made by an Employee: If a work is created by an employee in the course
of their employment, the employer becomes the first owner of the copyright
unless there's a written agreement stating otherwise.
o Works Made for Hire: If someone commissions another person to create a work
(e.g., a company hiring a writer), the person who commissioned the work is
considered the first owner.
o Government Works: Copyright in works created by the Government of India
belongs to the Government.

Term of Copyright and Assignment-Licensing (Sections 18-31)

Term of Copyright (Sections 18-29)

The Copyright Act specifies the duration for which copyright protection lasts, depending on the
type of work:

 Literary, Dramatic, Musical, and Artistic Works (other than photographs): The
author's lifetime plus 60 years after their death.
 Photographs: 60 years from the year of creation.
 Cinematographic Films and Sound Recordings: 60 years from the year of publication.

Assignment and Licensing (Sections 30-31)

 Assignment (Section 30): The copyright owner can transfer all or part of their ownership
rights to another person through a written assignment. The assignment needs to be clearly
defined, specifying which rights are being transferred and for what duration.
  Licensing (Section 31): The copyright owner can grant permission to another person to
use their work in a specific way through a license agreement. Licenses can be exclusive
(only the licensee can use the work in that way) or non-exclusive (the copyright owner
can also license others). Unlike assignments, licenses don't transfer ownership, only
permission for specific uses.

Infringement and Remedies (ss50-61)

Copyright Infringement and Remedies (Sections 50-61)

The Copyright Act, 1957 outlines copyright infringement and the remedies available to the
copyright owner when their rights are violated.

Copyright Infringement (Section 51)

Copyright infringement occurs when a person, without permission from the copyright owner,
does any of the following acts restricted exclusively to the copyright owner:

 Reproduces the copyrighted work in any material form (e.g., copying a book, creating a
pirated movie)
 Publishes the work
 Performs the work publicly (for dramatic or musical works)
 Creates derivative works (adaptations, translations)
 Issues copies of the computer program to the public
 Rents or distributes infringing copies for commercial purposes
 Communicates the work to the public (e.g., making a copyrighted song available for
download online)

Important Note: Section 51(1)(a)(ii) clarifies that copying a "substantial part" of the work
constitutes infringement. It's not necessary to copy the entire work.

Remedies for Infringement (Sections 55-61)

If you believe your copyright work has been infringed, the Copyright Act provides legal
remedies you can pursue. Here's a breakdown of some key remedies:

 Injunctions (Section 55): A court order can be obtained to prevent the continuation of
the infringement.
 Delivery of Infringing Copies (Section 55): The infringing copies can be ordered to be
delivered to the copyright owner for destruction or other disposal.
 Damages or Accounts of Profits (Section 55): The copyright owner can claim
compensation for the financial losses suffered due to the infringement. In some cases,
they may claim the infringer's profits from the infringement.
 Seizure of Infringing Copies (Section 56): Authorities can be authorized to seize
infringing copies and materials used for creating infringing copies.
 Search and Seizure (Section 57): A court order can be obtained to search the premises
of the alleged infringer for infringing copies.

Criminal Penalties (Section 63)

Copyright infringement can also be a criminal offense under Section 63. This section applies
when the infringement is done knowingly or with reason to believe that copyright is infringed.
Penalties include imprisonment and fines.

Important Note: This is a simplified overview of copyright infringement and remedies. The
specific provisions and procedures can be complex. If you suspect copyright infringement, it's
advisable to consult with a lawyer specializing in intellectual property law.

Exceptions: Fair Dealing

Fair Dealing in Indian Copyright Law

The Indian Copyright Act, 1957 recognizes the concept of "fair dealing" which allows limited
use of copyrighted material without the copyright owner's permission. This provision helps
balance the copyright owner's rights with the public interest in accessing and using creative
works for certain purposes.
Section 52 of the Act defines fair dealing for the following purposes:

 Research and Private Study: This includes using copyrighted material for personal
research, education, or scholarship.
 Criticism or Review: Fair dealing permits using copyrighted material for the purpose of
critiquing or reviewing that work or another work.
 Reporting Current Events: This allows using copyrighted material for reporting news
and current affairs.

Key Points to Remember about Fair Dealing:

 No Substantial Copying: Fair dealing only permits using an insubstantial portion of the
copyrighted work. Copying a significant part of the work would likely be considered
infringement.
 Nature of the Work: The nature and purpose of the original work are also considered.
Using copyrighted material from a scholarly work for criticism might be considered fair
dealing, while using a substantial part of a song for a commercial might not.
 Impact on the Original Work: Fair dealing shouldn't adversely affect the copyright
owner's market or potential market for the original work.

Fair Dealing vs. Fair Use

While similar in concept, it's important to note that "fair dealing" is a specific provision under
Indian Copyright Law, whereas "fair use" is a broader doctrine found in US Copyright Law. The
factors considered for fair use might differ slightly from fair dealing in India.

International Copyright Order (ss40-41)

Sections 40-41 of the Copyright Act

 Section 40: Empowers the Central Government to issue orders extending the benefits of
the Copyright Act to works of nationals of, or works first published in, certain countries.
The International Copyright Order (ICO)

 Leverages Section 40 by specifying countries whose creative works receive copyright

protection in India, similar to works created by Indian nationals or first published in
India.
 The ICO achieves this by classifying countries into different categories based on their
membership in international copyright treaties and conventions:
o Part I & II: Berne Convention for the Protection of Literary and Artistic Works
o Part III & IV: Universal Copyright Convention
o Part VI: World Trade Organization (WTO) members who have ratified the
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)

Benefits of the ICO

 Foreign creators from these countries can enjoy copyright protection in India for their
original works. This includes rights like reproduction, adaptation, and public
performance.
 Indian citizens gain reciprocal benefits when their works are published or used in these
countries that are part of the relevant treaties/conventions.

Important Points

 The specific provisions of the Copyright Act (Sections 13-63) apply to these foreign
works just as they do to Indian works.
 The term of copyright protection for foreign works might be limited to the duration
provided by the laws of the country where the work originated (whichever is shorter).

Issues in Digital Copyrights

 Ease of Copying and Distributing: Digital files can be easily copied and shared online,
making it difficult to control unauthorized distribution. This is a major concern for
copyrighted materials like music, movies, and software.
  Piracy: The widespread availability of pirated content online is a significant problem.
Piracy websites and file-sharing networks allow users to access copyrighted works for
free, causing financial losses for creators and copyright holders.
 Copyright Infringement on Social Media: Sharing copyrighted content like photos,
videos, and music on social media platforms can blur the lines of fair use. Copyright
owners might struggle to enforce their rights on these platforms due to the vast amount of
user-generated content.
 Orphan Works: These are works where the copyright owner is unknown or difficult to
locate. This can make it challenging to obtain permission for legitimate uses like
preservation or educational purposes.
 Digital Rights Management (DRM): Technologies used to control access and use of
digital content can be controversial. While DRM aims to prevent piracy, it can also
restrict fair use and limit consumer access.
 Jurisdictional Issues: Copyright laws vary by country. Enforcing copyright protection
across borders in the digital world can be complex, especially when dealing with online
piracy websites hosted in different countries.
 Balancing Rights: Copyright law needs to strike a balance between protecting the rights
of creators and ensuring fair access to information and creative works for the public.

Potential Solutions

 Stronger enforcement measures: Collaboration between governments, copyright

holders, and internet service providers (ISPs) to tackle online piracy.
 Public education: Raising awareness about copyright laws and encouraging responsible
use of digital content.
 Technological solutions: Developing innovative copyright management tools that
balance protection with fair use.
 International cooperation: Harmonization of copyright laws across countries to
facilitate enforcement in the digital age.
 Alternative licensing models: Exploring new models for content distribution and
monetization that benefit both creators and consumers.
These are just some of the issues surrounding digital copyright. Finding effective solutions
requires ongoing dialogue and collaboration between stakeholders to ensure a healthy digital
ecosystem that fosters creativity and rewards creators.

UNIT-II: Trademarks (The Trademarks Act, 1999)

Introduction to Trademark Law

In essence, a trademark is a recognizable sign, symbol, or word that distinguishes the source of a
particular product or service from its competitors. It acts like a brand identifier, helping
consumers easily recognize and trust the products or services associated with that trademark.
Trademarks can come in many forms, including:

 Words (like "Apple" or "Nike")

 Logos (like the swoosh for Nike or the bitten apple for Apple)
 Slogans (like "Just Do It" for Nike)
 Shapes (like the Coca-Cola bottle)
 Sounds (like the MGM lion's roar)
 Colors (think of the distinctive yellow of Big Bus Tours)

Why is Trademark Law Important?

Trademark law protects these trademarks from being copied or imitated by others. This
protection is crucial for businesses to:

 Safeguard their brand reputation: A strong trademark ensures consumers associate the
mark with a certain level of quality and trust.
 Prevent consumer confusion: Trademark law stops competitors from using confusingly
similar marks that might mislead consumers.
 Maintain a competitive advantage: A well-established trademark can become a
valuable asset, giving a business a leg up in the market.

The Registration Process

While using a trademark in commerce can establish some common law rights, formal registration
with a trademark office (like the USPTO in the United States) grants stronger and more
comprehensive protection. Registration typically involves:

 Checking for availability: Making sure the trademark isn't already in use by someone
else for similar goods or services.
 Filing an application: Submitting the application to the trademark office with the
necessary details and fees.
 Examination process: The trademark office will examine the application to ensure it
meets the registration requirements.
 Registration and maintenance: If approved, the trademark becomes registered and
requires maintenance filings to keep the protection active.

Brief Introduction to related International Treaties and

Conventions

 Paris Convention for the Protection of Industrial Property (1883): This is one of the
foundational treaties for intellectual property rights, including trademarks. It establishes a
system where member countries are obligated to provide minimum levels of protection
for trademarks registered in other member states. [This doesn't mean automatic
registration, but national offices have to consider applications from other member states]
 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
(1994): This agreement, under the World Trade Organization (WTO), sets out minimum
standards for trademark protection that member countries must comply with. It builds
upon the Paris Convention and covers areas like preventing trademark dilution and
ensuring enforcement mechanisms.
 Madrid Protocol (1891): This is an international system for registering trademarks
through a single application process. By filing one application with a national or regional
office, a trademark owner can seek protection in multiple member countries designated in
the application.
Definitions (s2), Registration of Trademarks, Procedure, Grounds of
Refusal and Well-Known Trademarks (ss9-12, ss18-23 and s33)

1. Definitions (Section 2)

This section provides definitions for various terms used throughout the Act. Some key
definitions include:

 Trademark (Mark): A mark capable of distinguishing the goods or services of one

person from those of others (Section 2(1)(zb))
 Well-known Trademark: A mark that has become so well-known to a substantial
segment of the public that its use for other goods or services would be likely to be
misleading (Section 2(1)(zg))

2. Registration of Trademarks (Sections 18-23)

These sections outline the process for registering a trademark in India. It typically involves:

 Application: Filing an application with the Trademark Registry (Section 18)

 Examination: The Registry examines the application to ensure it meets the requirements
and isn't barred by any grounds for refusal (Sections 13 and 14)
 Publication and Opposition: The application is published for opposition (Section 21).
Third parties can oppose the registration if they have a conflicting right.
 Registration: If no opposition is successful, the mark is registered (Section 23)

3. Grounds for Refusal (Sections 9-12)

These sections specify reasons why the Trademark Registry might refuse to register a trademark.
They can be broadly categorized into two types:

 Absolute Grounds (Section 9): These grounds apply regardless of any other trademarks.
They include marks that:
o Lack distinctiveness (e.g., generic terms)
 o Are deceptive or cause confusion
o Are scandalous or morally offensive
 Relative Grounds (Section 11): These grounds apply if a similar trademark already
exists for similar goods or services. However, there are exceptions, such as if the
applicant has consent from the prior trademark owner.

4. Well-known Trademarks (Section 33)

This section provides additional protection for well-known trademarks. Even if another mark
isn't identical, it can still be refused registration if its use would be likely to take unfair advantage
of the well-known mark's reputation or damage its distinctive character.

Passing Off, Infringement and Exceptions to Infringement Actions,

Remedies (ss27-30, s34, ss134-135)

Passing Off vs. Infringement and Remedies in Indian Trademark Law

Now, let's tackle the concepts of passing off, infringement, exceptions, and remedies under the
Indian Trade Marks Act, 1999.

1. Passing Off (Section 27)

Passing off is a common law remedy that protects the goodwill and reputation associated with a
trademark, even if it's unregistered. It essentially prevents someone from misleading the public
by making their goods or services appear to be those of another brand.

To succeed in a passing off action, the plaintiff (the brand owner) needs to prove the following:

 Goodwill/Reputation: The plaintiff has established a strong goodwill or reputation

associated with their trademark.
 Misrepresentation: The defendant's use of a similar mark is likely to mislead the public
into believing their goods or services are from the plaintiff.
  Damage: The misrepresentation has caused or is likely to cause damage to the plaintiff's
business.

2. Infringement (Sections 28-30)

Infringement, on the other hand, is a statutory remedy available only for registered trademarks. It
occurs when someone uses a mark that is identical or deceptively similar to a registered
trademark for similar goods or services. The burden of proof lies with the trademark owner to
show:

 Valid Registration: The plaintiff has a validly registered trademark.

 Use by Defendant: The defendant is using a similar mark for similar goods or services.
 Likelihood of Confusion: The use is likely to cause confusion among the public about
the source of the goods or services.

3. Exceptions to Infringement Actions (Section 34)

There are some exceptions where the use of a similar mark might not be considered
infringement, such as:

 Honest Use: Using the mark in its descriptive sense (e.g., "aspirin" for the pain reliever)
 Comparative Advertising: Using another's mark to compare your product fairly (with
proper disclaimers)
 Prior User Rights: If someone was using the mark legitimately before the plaintiff's
registration

4. Remedies (Sections 134-135)

If successful in a passing off or infringement action, the court can grant various remedies,
including:

 Injunction: Ordering the defendant to stop using the infringing mark

 Damages: Monetary compensation for the harm caused to the plaintiff's business
  Account of Profits: Ordering the defendant to hand over profits made from using the
infringing mark
 Delivery Up: Ordering the defendant to surrender infringing materials like labels or
packaging

Here are some additional points to remember:

 Sections 134 and 135 of the Act deal with the jurisdiction of courts and the types of
reliefs that can be granted in passing off and infringement suits.
 Consulting a trademark attorney is crucial for navigating these legal complexities and
determining the best course of action for protecting your brand.

Assignment and Licensing (ss48-53)

Assignment and Licensing of Trademarks in India (Sections 48-53)

The Trade Marks Act, 1999, allows registered trademark owners to transfer or share their rights
through two main mechanisms: assignment and licensing. Let's delve into the key points of each:

1. Assignment (Sections 48-49)

An assignment is a complete transfer of ownership of a registered trademark. When you assign a

trademark, you essentially relinquish all rights associated with it to another party. This includes:

 The exclusive right to use the mark for the specified goods or services.
 The right to enforce the trademark against infringers.
 The ability to further assign or license the mark.

Key Points about Assignment:

 It must be done in writing (Section 48(1)).

 Registration of the assignment with the Trademark Registry is mandatory within six
months (or with a permitted extension) (Section 49).
  The assignment can be for all or some of the goods or services covered by the registration
(Section 48(2)).
 Goodwill associated with the trademark is presumed to be transferred along with the
mark unless explicitly excluded (Section 48(3)).

2. Licensing (Sections 50-53)

A license, on the other hand, grants permission to another party (the licensee) to use your
registered trademark for a specific purpose and under defined conditions. Unlike an assignment,
ownership of the trademark remains with the licensor (you).

Key Points about Licensing:

 It can be done through a licensing agreement (contract) between the licensor and licensee
(Section 50).
 Registration of the license agreement with the Trademark Registry is optional but
recommended (Section 51).
 The license agreement should clearly define the scope of use, including:
o The specific goods or services the licensee can use the mark for.
o The geographic territory where the license applies.
o Quality control standards to maintain the brand reputation.
o Duration of the license agreement.
 The licensor can retain the right to take legal action against infringement (Section 53).
 Choosing Between Assignment and Licensing:
 The decision between assignment and licensing depends on your specific goals. Here's a
quick comparison:

Feature Assignment Licensing

Complete transfer of Ownership remains with the

Ownership Transfer
ownership licensor
 Assignor relinquishes all Licensor retains control
Control over Use
control through agreement

Registration Mandatory registration

Optional registration
Requirement within 6 months

Goodwill Transfer Presumed to be transferred May or may not be included

Intellectual Property Appellate Board (ss83-100)

 Hearing appeals: Parties unhappy with the decisions of the Trademark Registry (the
government office that handles trademark applications) can file appeals with IPAB. This
provides an opportunity to challenge the Registry's decision and potentially obtain a more
favorable outcome.
 Resolving disputes: IPAB acts as a forum to resolve various types of trademark disputes,
including issues related to registration refusals, oppositions to registration applications,
and cancellations of trademarks.
 Streamlining adjudication: By providing a platform for appeals and dispute resolution,
IPAB helps ensure a more efficient and fair process for trademark matters in India.

Here's a breakdown of some key points about IPAB:

 Composition: IPAB typically consists of a judicial member and a technical member with
expertise in trademarks.
 Jurisdiction: Its jurisdiction extends to appeals from the Trademark Registry's decisions
on various matters as outlined in the Act (Sections 83-100).
 Procedure: The Act lays down the specific procedures for filing appeals with IPAB,
including timelines, fees, and the format of the appeal petition.
  Powers: IPAB has the authority to review the Trademark Registry's decision, consider
arguments from both parties, and issue a final order. This order can uphold the Registry's
decision, modify it, or even set it aside entirely.

Limited Scope of This Response

It's important to note that Sections 83-100 of the Act provide a detailed framework for IPAB's
functioning. These sections delve into aspects like:

 Specific grounds for appeal to IPAB

 Procedures for filing and hearing appeals
 Powers vested in IPAB
 Costs associated with appeals

Conflicts of Trademarks with Domain Name

 Consumer Confusion: People might be misled into thinking the website belongs to the
trademark owner, potentially damaging their brand reputation.
 Cybersquatting: Someone might register a similar domain name with the intention of
selling it to the trademark owner for a hefty profit.
 Lost Traffic and Sales: Consumers searching for the trademark online might end up on
the infringing website instead.

Legal Framework:

 The ICANN (Internet Corporation for Assigned Names and Numbers) has established the
Uniform Domain-Name Dispute-Resolution Policy (UDRP) to address these conflicts.
 Under the UDRP, a trademark owner can file a complaint with a dispute resolution
provider if they believe a domain name is infringing.

To succeed in a UDRP complaint, the trademark owner must demonstrate three things:

1. The complainant has rights to a trademark that is identical or confusingly similar to the
domain name.
 2. The domain name registrant has no legitimate interests in the domain name.
3. The domain name has been registered and is being used in bad faith.

Examples of bad faith use can include:

 Using the domain name to sell products or services that compete with the trademark
owner.
 Attempting to divert customers away from the trademark owner's website.
 Demanding money from the trademark owner to transfer the domain name.

Resolutions:

If the complaint is successful, the domain name can be:

 Cancelled: The domain name is deactivated and becomes unavailable for use.
 Transferred: Ownership of the domain name is transferred to the trademark owner.

Preventing Conflicts:

 Trademark owners can take proactive steps to minimize conflicts, such as:
o Registering their trademarks early and in relevant jurisdictions.
o Considering registering variations or misspellings of their trademark as domain
names.
o Monitoring domain name registrations for potential infringements.

Important to Note:

 The UDRP is just one approach to resolving trademark-domain name conflicts. Litigation
in court might also be an option, depending on the specific circumstances.
 Consulting with a lawyer specializing in intellectual property law is recommended for
navigating these legal complexities and determining the best course of action.
Unconventional Trademarks

What are Unconventional Trademarks?

Unlike traditional trademarks, unconventional trademarks don't rely solely on visual recognition.
They encompass aspects that can be:

 Auditory: Think of the MGM lion's roar, the NBC chimes, or a specific jingle associated
with a brand.
 Olfactory: The distinct scent of a brand's perfume or a bakery's freshly baked bread can
be trademarked.
 Gustatory: The taste of a particular beverage or candy recipe can potentially be
protected.
 Tactile: The unique texture of a fabric or the feel of a product's packaging can be
trademarked.
 Shape: The Coca-Cola bottle, the triangular Toblerone chocolate, or the distinctive shape
of a Lego brick are all examples of protectable shapes.
 Color: Think of the specific shade of yellow associated with taxi cabs or the distinctive
blue of Tiffany & Co. jewelry boxes.
 Motion: The way a product opens or the movement of a logo can be trademarked under
certain circumstances.

Challenges of Unconventional Trademarks:

While offering a creative way to brand your product, unconventional trademarks can be more
challenging to register and enforce compared to traditional ones. Here's why:

 Distinctive Character: The mark needs to be demonstrably different from what's already
out there and be able to uniquely identify your brand.
 Descriptiveness: Scents or shapes that are simply functional or descriptive of the product
might not be granted trademark protection.
 Public Perception: Can consumers easily recognize and associate the unconventional
aspect with your brand?
Examples of Successful Unconventional Trademarks:

Despite the challenges, some companies have successfully registered unconventional trademarks:

 Play-Doh's distinctive smell

 The three-tone chime of Dole bananas
 The bright red soles of Louboutin shoes

The Takeaway

Unconventional trademarks can be a powerful branding tool, but it's crucial to understand the
legal hurdles involved. Consulting with a trademark attorney specializing in this area is highly
recommended before embarking on the registration process for an unconventional mark. They
can assess the viability of your trademark and guide you through the legalities.

UNIT-III: Patent (The Patents Act, 1970)

Introduction to Patent Law

What is a Patent?

A patent grants the owner an exclusive right to prevent others from making, using, selling,
offering for sale, or importing an invention for a limited period, typically 20 years. In exchange
for this exclusivity, the inventor must disclose the technical details of their invention to the
public in a patent application.

What can be Patented?

Not everything qualifies for patent protection. Generally, patentable inventions must be:

 New: The invention must not have been publicly known or used before the patent
application.
 Useful: The invention must have a practical application and be functional.
  Non-obvious: The invention must not be an obvious advancement from what already
exists.

Types of Patents:

There are different categories of patents depending on the nature of the invention:

 Utility Patents: These cover new and useful machines, processes, articles of
manufacture, or compositions of matter. This is the most common type of patent.
 Design Patents: These protect the ornamental design of an article, such as the shape or
configuration of a product.
 Plant Patents: These protect new and distinct varieties of asexually reproduced plants.

The Patent Application Process:

The process of obtaining a patent typically involves:

 Conducting a patentability search: This helps determine if the invention is novel and
non-obvious.
 Drafting a patent application: This document clearly describes the invention and claims
the specific aspects for which protection is sought.
 Filing the application with the patent office: In most countries, there's a national patent
office responsible for examining applications.
 Examination and prosecution: The patent office examines the application to ensure it
meets the legal requirements. Communication may occur between the applicant and the
examiner to address any issues.
 Issuance of the patent: If the application meets all the criteria, a patent is granted.

Importance of Patent Law:

Patent law plays a crucial role in:

 Encouraging innovation: The promise of exclusive rights incentivizes inventors to

invest time and resources in developing new technologies.
  Promoting commercialization: Patents can attract investment and facilitate partnerships
for bringing inventions to market.
 Fostering technological advancement: By disclosing inventions, patents contribute to a
public knowledge base that builds upon past innovations.

Brief Introduction to related International Treaties and Conventions

 Paris Convention for the Protection of Industrial Property (1883): This foundational
treaty sets the minimum standards for patent protection that member countries must
provide. It ensures that nationals of other member countries receive treatment comparable
to that given to domestic applicants.
 Patent Cooperation Treaty (PCT) (1970): This treaty offers a streamlined system for
filing a single international patent application that can be designated for multiple member
countries. This simplifies the process for inventors seeking protection in multiple
territories.
 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
(1994): This agreement under the World Trade Organization (WTO) builds upon the
Paris Convention, establishing minimum standards for patent protection related to areas
like patentable subject matter, duration of protection, and enforcement mechanisms.
 Budapest Treaty on the International Recognition of the Deposit of Microorganisms
for the Purposes of Patent Procedure (1977): This treaty facilitates the deposit of
microorganisms, which can be essential components of biotechnological inventions, with
a single international depositary. This eliminates the need for inventors to deposit
microorganisms in each country where they seek patent protection.

Definitions (s2), Criteria for Patents, Patentable Inventions

1. Definitions (Section 2 of the Patent Act, 1970 (India) can be used as a reference)

 Invention: An invention refers to a new product, process, or device that involves an

inventive step and is capable of industrial application (Section 2(1)(j)). Some key terms
within this definition include:
 o New: The invention must not have been publicly known or used before the patent
application (novelty).
o Inventive Step: The invention must not be an obvious advancement from what
already exists. It should involve a non-obvious inventive leap.
o Capable of Industrial Application: The invention must have a practical use and
be capable of being manufactured or used in an industry.
 Patent: A patent is a legal document granting the owner the exclusive right to prevent
others from making, using, selling, offering for sale, or importing the patented invention
for a limited period (typically 20 years).

2. Criteria for Patents

Building upon the definitions, here's a closer look at the criteria for obtaining a patent:

 Novelty: As mentioned above, the invention must be new and not publicly known or
disclosed before the patent application date. This includes prior publications, public use,
or sales.
 Inventive Step: The invention needs to be non-obvious. It should not be something that
would be readily apparent to a person skilled in the relevant field. There should be an
inventive element that goes beyond existing knowledge.
 Industrial Applicability: The invention must have a practical use and be capable of
being manufactured or used in an industry. Abstract ideas or scientific principles alone
are not patentable.

3. Patentable Inventions

Not everything qualifies for patent protection. Here are some general categories of patentable
inventions:

 Machines: New and useful machines or devices that have a practical application. (e.g., a
new type of engine)
 Processes: New and useful methods or processes for carrying out a specific task. (e.g., a
new method for manufacturing a drug)
  Articles of Manufacture: New and useful products or compositions of matter. (e.g., a
new material for building construction)
 Improvements: Significant improvements to existing inventions can also be patentable.

Important to Note:

 The specific criteria and patentable subject matter can vary depending on the country or
region. It's always recommended to consult with a patent attorney to understand the
specific laws applicable to your invention.
 There are also some exclusions from patent protection, such as scientific discoveries,
mathematical methods, and natural phenomena.

Non-Patentable Inventions (s3)

1. Frivolous or Contrary to Public Order or Morality (Section 3(a))

 Inventions that have no practical use or are offensive to public decency or good morals
cannot be patented. For instance, a machine designed solely to create loud and disruptive
noises wouldn't be patentable.

2. Discoveries, Scientific Theories, Mathematical Methods (Section 3(b))

 Mere scientific discoveries, laws of nature, or mathematical formulas are not patentable.
However, an invention that applies a scientific principle in a novel and useful way can be
patentable.

3. Plants and Animals (Section 3(j))

 Generally, whole plants or animals (excluding microorganisms) cannot be patented.

However, new varieties of plants developed through breeding or genetic modification
might be protectable under Plant Variety Protection laws.

4. Methods of Agriculture or Horticulture (Section 3(j))

 Traditional methods of agriculture or horticulture wouldn't be considered patentable

inventions.

5. Diagnostic, Therapeutic, and Surgical Methods for Treatment (Section 3(j))

 Methods of medical diagnosis, treatment, or surgery practiced on humans or animals are

not patentable. However, surgical or diagnostic instruments or apparatuses might be
patentable.
6. Schemes, Rules, or Methods of Performing Mental Act, Playing Games (Section 3(m))

 Rules of games, mental exercises, or business methods alone are not patentable.
However, an invention that utilizes a method in a novel way in conjunction with a
machine or computer program might be patentable.

7. Presentations of Information (Section 3(n))

 Simply presenting information in a new way, such as a new calendar layout, wouldn't be
patentable.

8. Topography of Integrated Circuits (Section 3(o))

 The layout or design of integrated circuits is protected under a separate regime of

intellectual property law, not under patents.

9. Traditional Knowledge (Section 3(p))

 Traditional knowledge or knowledge that has been in the public domain for a long time is
not patentable. However, an invention that applies traditional knowledge in a new and
inventive way might be patentable.

Procedure for Filing Patent Application (ss6-53)

1. Preparation (Before Filing)

 Invention Disclosure: Clearly document your invention, including its technical details,
drawings (if necessary), and how it works. This will be crucial for drafting the patent
application.
 Patentability Search: Conduct a thorough search to assess if your invention is novel,
non-obvious, and industrially applicable. This helps avoid wasting time and resources on
a potentially unpatentable invention.
 Patent Attorney: Consider consulting with a registered patent attorney. They can guide
you through the application process, ensure your application meets legal requirements,
and increase your chances of success.

2. Filing the Application (Section 6)

  Form 1: The application process begins with filing Form 1, which specifies the
applicant's details and includes information about the invention.
 Provisional or Complete Specification (Section 2)
o Provisional Specification: You can initially file a provisional specification
(Form 2) outlining the invention in broad terms. This gives you 12 months to
complete the invention and file a complete specification.
o Complete Specification: This detailed document (Form 2) clearly describes the
invention, including its technical details, drawings (if necessary), how it works,
and the claimed invention (the specific aspects for which protection is sought).

3. Examination (Sections 13-25)

 The Patent Office examines the application to ensure it meets the requirements of the
Act. This includes checking for novelty, inventive step, and industrial applicability.
 The examiner may raise objections or request clarifications. You'll have an opportunity to
respond to these communications (Section 13).
 This back-and-forth communication process can continue until the examiner is satisfied
or you decide to withdraw the application.

4. Publication and Opposition (Sections 21-23)

 If the application meets the requirements, it's published in the Patent Office Journal
(Section 21).
 Third parties can oppose the grant of a patent within a specific timeframe (typically 4
months) by filing an opposition notice (Section 23). They might argue that the invention
is not novel, inventive, or infringes on their existing patents.
 The opposition proceedings involve presenting arguments and evidence before the Patent
Office.

5. Grant of Patent (Section 43)

  If no opposition is successful or all oppositions are resolved in your favor, the patent is
granted (Section 43). You'll receive a patent certificate, officially granting you exclusive
rights to the invention for a limited period (typically 20 years).

Important Considerations:

 This is a simplified overview, and the process can be complex.

 Timelines can vary depending on the complexity of the invention and any oppositions
encountered.
 Patent fees are applicable at various stages of the process.

Revocation of Patent (s64), Licensing, Compulsory Licensing (ss82-

92A)

Maintaining Patent Rights: Revocation, Licensing, and Compulsory Licensing

Obtaining a patent grants you exclusive rights for a limited period, but these rights aren't
absolute. The Indian Patent Act (1970) outlines situations where a patent can be revoked, and
mechanisms for licensing the invention to others (Sections 64, 82-92A).

1. Revocation of Patent (Section 64)

A patent can be revoked on several grounds outlined in Section 64, including:

 Lack of Novelty or Inventive Step: If the invention is not new, non-obvious, or does not
involve an inventive step, the patent can be revoked.
 Incorrect Claim: If the patent claims aspects that are not actually part of the invention, it
can be challenged and potentially revoked.
 False Representation: If the applicant made false or misleading statements during the
application process, the patent might be revoked.
 Non-Working: If the patented invention is not being worked in India within a reasonable
time, it can be grounds for revocation (we'll explore compulsory licensing in more detail
next).
2. Licensing (Sections 48-53)

A patent owner can choose to license their invention to others through a licensing agreement.
This allows another party (the licensee) to use the invention for a specific purpose and under
defined conditions, in exchange for a fee (royalty) or other consideration.

There are two main types of licensing arrangements:

 Exclusive License: The patent owner grants exclusive rights to use the invention to a
single licensee, preventing others from using it without permission.
 Non-Exclusive License: The patent owner grants permission to multiple licensees to use
the invention, potentially generating royalties from each licensee.

3. Compulsory Licensing (Sections 82-92A)

Compulsory licensing is a mechanism where the government can grant permission to others to
use a patented invention under certain circumstances. This aims to strike a balance between the
rights of the patent owner and the public interest.

Here are some situations where compulsory licensing might be granted:

 Non-Working: If the patented invention is not being worked in India within a reasonable
time, the government can grant a compulsory license to another party to ensure the
invention is utilized and benefits the public.
 Excessive Pricing: If the patented invention is deemed essential for the needs of the
public and the patent owner is charging an unreasonably high price, the government can
grant a compulsory license to make the invention more affordable.
 Public Interest: In specific situations, the government can grant a compulsory license
when it's deemed necessary for the public interest, such as for national defense or food
security.

Important Considerations:
  The process for revocation, licensing, and compulsory licensing can be complex and
involve legal proceedings.
 Consulting with a patent attorney is crucial to understand your rights and options in these
situations.
 The specific provisions and procedures might vary depending on the circumstances.

Parallel Import (s107A)

What is Parallel Import?

Parallel importing refers to the import and sale of genuine, branded goods through an indirect
channel, without the authorization of the patent holder in the importing country. Here's the key
point:

 The imported goods themselves are authentic and not counterfeit.

How Does Section 107A Address Parallel Imports?

Section 107A introduces the concept of international exhaustion of patent rights in India. This
means:

 Once a patented product is lawfully placed on the market anywhere in the world by the
patent owner or with their permission, the patent holder's monopoly rights over
subsequent sale and distribution of that product are exhausted.
 In simpler terms, if a genuine product is already sold legally somewhere else globally,
someone else can import it to India and sell it without infringing the patent.

Key Points about Section 107A(b):

 It states that the importation of a patented product by any person from someone who
is duly authorized under the law to produce and sell or distribute the product does not
constitute an infringement of the patent rights in India.
 The emphasis is on the original sale being authorized. The importer themself doesn't
need to have a specific authorization from the Indian patent holder.
Impact of Parallel Imports

Parallel imports can have both positive and negative consequences:

 Increased competition: Parallel imports can introduce competition in the market,

potentially leading to lower prices for consumers.
 Loss of control for patent holder: The patent holder may lose some control over the
distribution channels and pricing of their product in India.
 Risk of diversion: There's a possibility that products meant for other markets with
different quality standards or packaging might be imported, creating confusion for
consumers.

Important Considerations:

 The legal landscape surrounding parallel imports can be complex. Factors like regional
variations in product specifications or packaging could influence outcomes in specific
cases.
 Consulting with a lawyer specializing in intellectual property law is recommended for
navigating the legalities of parallel imports and understanding the potential implications.

Rights of Patentee, Patent Infringement and Defences (ss47-48, s104

and s107)

Owning an Invention: Rights of Patentees, Infringement, and Defences (Sections 47-48,

104, & 107)

A granted patent grants the inventor, or the assignee (someone to whom the rights are
transferred), a bundle of exclusive rights for a limited period (typically 20 years in India). Let's
delve into these rights, potential infringements, and available defenses.

Rights of a Patentee (Sections 47-48)

A patent owner has the following exclusive rights:

  Prevent others from:
o Making the patented product
o Using the patented process
o Selling, offering for sale, or importing the patented product
o Keeping the patented product for commercial purposes (e.g., stocking in a
warehouse)

These rights allow the patentee to control how their invention is used and potentially generate
revenue through licensing or by directly selling the patented product or service.

Patent Infringement (Section 104)

Patent infringement occurs when someone, without the permission of the patentee, performs any
of the restricted acts mentioned above. Here are some ways infringement can happen:

 Manufacturing: Making a product that falls within the claims of the patent without
authorization.
 Using: Utilizing the patented process without permission.
 Selling: Offering for sale or selling a product covered by the patent without the patentee's
consent.
 Importing: Importing a patented product from abroad without permission.

Defenses Against Patent Infringement (Section 107)

If accused of patent infringement, there are some potential defenses available:

 Non-infringement: Demonstrate that the accused activity doesn't actually fall within the
scope of the claims of the patent. This might involve arguing that the accused product or
process has substantial differences from the patented invention.
 Prior Use: Prove that you were using the invention in India before the patent application
date.
 Experimental Use: Establish that you were using the invention for experimental
purposes related to research and development, not for commercial gain.
  Compulsory License: If a compulsory license has been granted for the patent (as
discussed earlier), someone can use the invention under the terms of that license without
infringing the patent.

Important Considerations:

 Patent infringement can be a complex legal issue. The specific details of the patent
claims, the accused activity, and the potential defenses will all play a role in determining
infringement.
 Consulting with a patent attorney is crucial for understanding your rights as a patentee or
for navigating a potential infringement situation. They can help assess the strength of
your patent, analyze potential infringement claims, and advise on the best course of
action.

UNIT-IV: Industrial Design (The Designs Act,

2000)
Introduction to Designs Law

1. Introduction to Industrial Designs:

 Definition of an industrial design according to the Act. (focus on aesthetics, features like
shape, configuration, pattern, etc.)
 Distinction from artistic work, trademarks, and functional features.

2. The Designs Act, 2000:

 Key provisions of the Act, including:

o Registrability of designs
o Rights conferred on a registered design owner
o Grounds for refusal of registration
o Term of protection
o Infringement and remedies
3. Importance of the Designs Act:

 How the Act promotes innovation and protects the ornamental aspects of products.
 Its role in encouraging industrial development.

Brief Introduction to related International Treaties and Conventions

Paris Convention for the Protection of Industrial Property (1883):

 This is the cornerstone of international IP protection, including industrial designs.

 It establishes principles like "national treatment," meaning member countries must grant
the same design protection to nationals of other member countries as they do to their own
citizens.
 While the Convention doesn't define "industrial design," it sets minimum standards and
allows for priority filing – where a first application in one member country can be used to
claim priority in other member countries within a specific timeframe.

2. Locarno Agreement (1968):

 This agreement establishes a single international classification system for industrial

designs.
 This system helps categorize designs for easier searching and retrieval across member
countries.
 It simplifies the process for filing international design applications by ensuring
consistency in how designs are classified.

Definitions (s2), Registration of Designs and Procedure (ss3-9, s16,

s21)

 Design (Section 2(d)): It refers to the features of shape, configuration, pattern, ornament
or composition of lines or colors applied to an article (either 2D or 3D). These features
must be visually appealing and judged solely by the eye. Importantly, the definition
excludes:
o Modes or principles of construction
 o Purely mechanical devices
o Trademarks
o Artistic works (covered by Copyright Act)
 Article (Section 2(b)): This refers to any article that is capable of being registered under
the Act. It encompasses a wide range of products, from furniture and clothing to
electronic devices.
 Copyright (Section 2(c)): This refers to the exclusive right granted to the registered
proprietor of a design to apply the design to any article in the class for which it's
registered.

Registration of Designs and Procedure (Sections 3-9, 16, 21)

Obtaining design protection involves following a specific process outlined in the Act. Here's a
look at some relevant sections:

Registration Process (Sections 3-9):

 Controller and other officers (Section 3): The Act establishes the Controller of Designs
and other officers who administer the registration process.
 Application for registration (Section 5): This section outlines the requirements for
filing an application for design registration. It includes details like the applicant's
information, the class of articles the design applies to, and representations of the design
itself.
 Examination of application (Section 6 & 7): The Controller examines the application to
ensure it meets the registration criteria. If approved, details of the registered design are
published.
 Certificate of registration (Section 9): Upon successful registration, the Controller
issues a certificate as proof of registration.

Additional Points:

 Effect of disclosure on copyright (Section 16): This section deals with how disclosing a
design before registration can affect copyright protection.
  Provisions as to exhibitions (Section 21): This section allows for temporary exhibition
of a design without affecting its novelty for registration purposes.

Cancellation of Registration of Design (s19)

Who can file for cancellation?

 "Any person interested" can petition for cancellation. This could be a competitor, a
potential licensee, or even the registered proprietor themselves (in case of mistakes).

Grounds for cancellation:

The petition for cancellation can be based on any of the following grounds:

1. Prior registration (Section 19(1)(a)): The design was already registered in India before
the challenged registration.
2. Publication (Section 19(1)(b)): The design was published in India or elsewhere before
the registration date.
3. Lack of novelty or originality (Section 19(1)(c)): The design is not new or original,
meaning it already existed publicly before registration.
4. Not registrable under the Act (Section 19(1)(d)): The design doesn't meet the criteria
for registration as outlined in the Act (e.g., functional features).
5. Not a design as defined (Section 19(1)(e)): The registered element doesn't qualify as a
design under the Act's definition (e.g., purely mechanical aspects).

Procedure for cancellation:

 The petition for cancellation needs to be filed in a specific format (Form 8) prescribed by
the Designs Rules, 2001.
 The petition should be accompanied by a statement outlining the grounds for cancellation
and evidence supporting the claim.
 The Controller of Designs considers the petition and evidence, and if necessary, conducts
a hearing where both parties can present their arguments.
  The Controller issues a final decision on the cancellation request.

Piracy of Registered Design (s22) and Remedies

Piracy of a Registered Design (Section 22(1))

This section defines acts that constitute piracy of a registered design. It's important to note that
only a person other than the registered proprietor can commit piracy. Here's what constitutes
piracy:

 Applying or causing to be applied a registered design or any fraudulent or obvious

imitation of it, to any article in the class of articles for which the design is registered, for
the purpose of sale.
 Importing articles with a design infringing the registered design, for the purpose of sale.
 Publishing, exposing, or causing to be published or exposed for sale articles with a
design infringing the registered design.

Key Points:

 Fraudulent or obvious imitation: The imitation doesn't have to be an exact replica, but
it should be similar enough to deceive an ordinary customer and take advantage of the
registered design's reputation.
 The focus is on protecting the novel and original aspects of the registered design.

Remedies for Piracy (Section 22(2))

The registered proprietor has two alternative remedies to choose from in case of design piracy:

1. Fixed Damages (Section 22(2)(a)): This allows the proprietor to claim a sum not
exceeding ₹25,000 for every infringement, recoverable as a contract debt. However, the
total recoverable amount for a single design cannot exceed ₹50,000.
2. Suit for Injunction and Damages (Section 22(2)(b)): This option allows the proprietor
to file a lawsuit in a district court for:
 o Injunction: A court order restraining the infringing party from further acts of
piracy. This can be temporary (interlocutory) while the case is ongoing or
permanent if the court finds infringement.
o Damages: Monetary compensation for the actual losses suffered due to the piracy.
This could include lost sales or profits.

Additionally, the court may order:

o Delivery up or destruction of infringing articles in the possession of the

defendant.
o Account of profits: The infringer has to disclose and pay the profits earned from
the infringing activity.

Choosing the Right Remedy:

 Fixed damages are a simpler and quicker option for clear-cut cases with limited financial
loss.
 A lawsuit for injunction and damages offers a more comprehensive remedy, especially
when the potential financial losses are significant.

 cancelled; it doesn't necessarily mean the design itself cannot be protected under other IP
laws like copyright (depending on the circumstances).

Overlapping Between Designs Copyrights and Trademark

Design Rights:

 Protect the visual appearance and aesthetics of a product, focusing on its shape,
configuration, pattern, or ornament. (e.g., design of a new chair)

Copyright:
  Protects the original expression in creative works, including artistic works (paintings,
sculptures), literary works (books, poems), and films. (e.g., the artistic design printed on a
fabric)

Trademark:

 Protects distinctive signs used to identify the source of goods or services. These can be
logos, words, phrases, symbols, or even sounds. (e.g., the Nike swoosh logo)

Overlaps:

 Design and Copyright: Sometimes, a design element might also be an original artistic
expression. For example, a unique lamp design with a sculptural base could be protected
by both design rights and copyright.
 Design and Trademark: In some cases, the design of a product itself can function as a
brand identifier. For instance, the distinctive shape of a Coca-Cola bottle can be protected
by both design rights and trademark.

Key Differences:

 Focus: Design protects the appearance, copyright protects the expression, and
trademark protects source identification.
 Subject Matter: Design applies to products, copyright to creative works, and
trademark to signs.
 Term of Protection: Design rights typically have a shorter term compared to copyright.

Benefits of Overlap:

 Creators can potentially enjoy a broader scope of protection for their work.
 It can deter copying attempts that might exploit loopholes in a single form of IP
protection.

Challenges of Overlap:
  Determining which type of IP protection applies can be complex, requiring legal
expertise.
 Enforcement strategies might involve navigating different legal frameworks.

Here are some additional points to consider:

 In some jurisdictions, there might be specific provisions addressing the overlap between
design and copyright.
 A single product might have elements protectable under all three categories of IP.