Intellectual Property
Rights
By
Mtech Textile
INTRODUCTION
Intellectual property includes:
1. Trade secrets
2. Copyright and related rights
3. Industrial Property:
1. Design
2. Trade marks
3. Patents and utility models
4. Territorial rights
Trade secrets
Confidential business information
Protection against unfair competition
Selective employees
Trade secret protection laws.
Copyright and Related Rights
•person or group of persons created a unique, original, creative, work of
expression
•work of expression can not be an idea, theory, or simply information
•free of charge, easy, fast to obtain and dose not require any formalities
•establishment of The federal copyright law in United States in 1970
•introduced in India in 1957 by the Government so as to protect the works
of Ravindranath Tagore
Copyright and Related Rights
list of generic items copyrighted regularly:
• Literary works including books, poems, theses, and publications
• Motions pictures and dramatic works
• Computer software and animations
• Songs, song lyrics, sound recordings, and music
• Photographs, graphics, images, pictures
• Web pages
• Works of art including paintings, sculptures, architecture, and
computer graphics
• Educational materials including texts and tests
Copyright and Related Rights
Creator Can prohibit
Reproduction in various forms, such as printed publication
Initial distribution to the public through sale and other transfer of
ownership in tangible copies
Rental of copies to public
Translation into other languages or adaption
Moral Rights
Work for hire
Related Rights
Industrial Property Rights
Industrial designs
Trademarks
Patents and utility models
Industrial Design
Design rights can be classified as industrial designs,
models and utility models.
Consist of three-dimensional features and two-
dimensional features.
The length of design protection depends on the
respective jurisdiction.
Time limitation is 25 years in total and renewable
every 5 years.
File for design protection .
Trademarks
Any sign that serves as a “marker” for a given product or service.
File for trade mark protection.
There are : 34 classes for goods
11 classes for services
4 levels of trade mark protection
•• National (with the National Patent Office)
•• Regional (e.g. with the Benelux Office)
•• European (with OHIM)
•• International (with WIPO).
Trade marks are an important tool for communicating the value of a
product or service to the market.
Patents and Utility Models
Novelty, inventiveness and industrial applicability
Patent application contributes to the current status
Patent protection as a utility model may not be granted
Discoveries, scientific thoeries and mathematical methods
Aesthetic creations
Schemes, rules and methods for performing mental arts, formplaying games or
doing business, as well as for computer programs
Presentation of information
Constructions and processes that are contrary to the laws of nature
Inventions , the industrial expoiltation of which would be contrary to the public
order or morality
Pertaining to the “Inventive step or non-obviousness”
Look-alikes and other unfair trade
practices
Look-alike products
Trade dress or get up
Harm of look-alikes
Unfair trade legislation
Continue…
False descriptions
Other unfair trade practices
Trade mark infringement
Wrongful advertisement and peculiar selling tactics
Theft of trade secrets
Wrongful representation of goods and services
Breach of confidentiality agreements by former
employees
Indian Factsheet
Protection Under Design Law
Designs Act 2000 and Design Rules 2001
India is not a member of Hague system
The act is valid pertaining to
The design must :
Be new or original
Not previously published in any country
Be reproducible by industrial means
Not contrary to public order or mortality
Be significantly distinguishable from known designs or combinations of known
designs
Not be comprised of scandalous or obscene matter
Not fulfil a mere technical function, but respond to certain aesthetical features
The act is not valid for NRIs
…Protection Under Design Law
Formalities
Whom to contact
Assistant Controller of Designs, Design Office, Kolkota
Costs
[Link]
Examination
Duration of Protection: 10 years + 5 years (extension)
Ownership Right
Protection Under Trademark Law
Trademark Act 1999
Trademark protection includes:
Any name, including a personal or surname of the
applicant or predecessor in business or the signature of
the person, which is not unusual for trade to adopt as a
mark.
An invented word or any arbitrary dictionary word or
words that are not directly descriptive of the character or
quality of the goods and services.
Letters or numerals or any combination there of.
…Protection Under Trademark Law
Trademark registration is refused if it is offensive to
religious feelings, scandalous or obscene
Formalities
Costs
Examination
Duration of protection: 10 years + indefinite renewal
Ownership Right
Protection Under Patent Law
Patent Act and Patent Rules
Patents cannot be filed contrary to:
Public order or morals
Movies or TV poductions
Traditional knowledge
Components relating to traditional knowledge
Formalities: Online Filing System
Examination
Duration: 20 years
Ownership Rights
Protection Under Copyright Law
o Applicable law
I. Copyright in India is governed by the copyright
act.
II. India is the member of Berne Convention and
its allied states.
III. It protect all copyright work originating in any of
the convention countries.
IV. So there is no need to apply any extra
procedure in India.
What can and cannot be protected?
o Can :- Original literary, musical, dramatic and artistic work , cinematograph,
films , sound recording and computer programs.
o Cannot :- Ideas , concepts, names, short word combination, slogan ,
short phrases, methods plots.
o Formalities :- The voluntary registration of copyright is possible through the
copyright office of the Education in India.
o Cost :- It is free of cost.
o Examination :- There is no examination of the subject matter.
o Duration of protection: - Copyright protection is granted for 60 years.
What to do if I am copied?
o Legal complaint in the nearest police station.
o File a case against law breaker in District Court or in the High
Court.
o IP infringement in India carries a minimum 6 month to maximum 3
years of imprisonment and monitery fine between 25000 and 50000
Rs.
Thank You