a brief overview on intellectual property rights for designers.

1. Intellectual Property Rights
&
Indian Patent Right
PRESENTED BY
SIMIRAAJ
FASHION DESIGN DEPARTMENT

2. Contents
Copyright
Trademark
Geographical indications
Trade secrets
Patents

3. LAND &
BUILDING
TRADE
PROPERTY
INTTELEC
TUAL
GOLD &
CASH

5.  Copyright protects literary, artistic and musical creations
 Trademark protects against imitations of products as
long as they are in trade
 GI : Quality and reputation of products are attributable
to geographical origin
 Trade Secrets cover the confidential information
 Patents protect the technological inventions

6. COPYRIGHT

7. Types of copyright
Copyright protects literary and artistic work
1. Broadcast
2. Literary works
3. Musical works
4. Artistic works
5. Films
6. Sound recording

8. Duration of Protection
 For books and other works of arts is 50 to 70 years
after the death of the author (the laws of different
country vary)
 For photographic work 25 years from making the
work
 For cinematic works 50 years after making the work
available to public

9. What can you copyright in fashion?
 Any artistic work such as sketches and patterns can
be copyrighted
 Craftsmanship such as one-off handmade garment or
jewellery
 Yet this right stay as a indisputable decision in the
law world

10. Trademark

11. Forms of Trademark






Visual :
Words
Devices including drawings and symbols or 2Drepresentations of object or combination of two or
more of these
Color combinations
3D sign as shape of goods or packaging
Audio:
Sounds
Musical notes

12. How TM or R helps a brand name
 A trademark is a brand or a part of brand that give
legal protection because it is capable of exclusive
appropriation
 A trademark protects the sellers right to use the
brand name and /or brand mark
 TM is an exclusive mark intended to differentiate the
product of one seller with others

13. Counterfeit TM’s

14. What can you trademark in fashion?
 Its none other than its label or brand name
 Under a brand name one can have any number of
sub brand names as well
 Also one can trademark a particular collection

15. Duration of registration
Duration of trademark registration is valid from 10
years from the date of application and can be
renewed every 10 years

16. Geographical Indication (GI)

17. What is GI?
 Many goods possess their peculiar properties due to
their geographical origin
 GI is the best method to indicate the geographical
origin of any goods and services
 Many agricultural products: tea & rice, dairy
products: cheese, wines& spirits (champagne), textile
weave owe their special quality and reputation to
their geographical place of growth or processing

18. Protection of GI
 GI is not owned by a single owner
 Any producer in the region can use the GI, provided
the product is prepared following the norms set out
for the use of its GI
 GI is registered in the national register to locate the
origin of the product
 It is an offence to use a false GI

19. Trade secret
World’s best kept trade secret till date…

20. Trade secret
 Some inventions, data, information cannot be
protected by any of the available means of IPR’S.
such information are kept confidential as Trade
secret
 Trade secret can be invention, idea, survey
method, manufacturing process, experiment
results, recipe, financial strategy, client database etc

21. When trade secret are preferred?
 When invention is not patentable
 Patent period is limited to 20 years ,when trade
secret can be kept beyond that

22. How to guard Trade secret?
 Restricting number of people having access to secret
information
 Signing confidential agreements with business
partners and employees
 Using protective techniques like digital data security
tools and restricting entry into area where trade
secret is held or worked
 National legislations provide protection in form of
injunction and damages if secret information is
illegally acquired or used

23. Patent
 An exclusive (monopoly) right
 Granted by the government
 To an inventor to make, use, manufacture and
market the invention
 For a limited period of time (20 years)

24. Why Patent rights?
making
selling
To
Exclude
others
importing
using
Negative
right

25. Who can apply for Patent?
 An inventor
 Person or company legally assigned by the inventor
 Legal representative of the inventor
 Either alone or jointly by above persons

26. Contents of Patent
 Title
 Abstract
 Field of invention
 Background of the invention
 Summary of the invention
 Detailed descriptions
 Claims

27. Conclusion
It is important to know the IPR’s of our country and
worldwide as its every human beings right to safe
guard his efforts , dedication, talent and obsession
from the hands of negative powers.
Its is our eligibility to showcase
what we are worth for and above all, to give a new
promise and safety for everybody’s betterment.
Laws are to follow and not to break.

28. THANK YOU