3. INTRODUCTION
Intellectual Property Rights:
Intellectual Property Rights are rights once granted
allows the creator(s) or owner(s) of the intellectual
property to exclude others from exploiting the same
commercially for a given period of time.
Governing Laws in India for IPR as follows:
Patent Act 1970
Trade Marks Act (1958 original) 1999
The Copyright Act 1957
The design Act 2000
5. Copyright
Definition: Copyright is a federal protection from
unauthorized copying or performance given to the
authors of original works of authorship.
copyrightable works categories:
(a) literary works (including computer programs);
(b) pictorial, graphic and sculptural works
(c) motion pictures and other audiovisual works.
Examples of copyrightable subject matter include:
Songs, movies and books (but not their titles) , labels
on products.
6. What Cannot Be Copyrighted
Works that have not been fixed in a tangible form of
expression.
Titles of books or magazines
Ideas, themes, procedures, methods of operation,
systems, processes, concepts as opposed to a written
description or explanation or illustration of the same.
Works consisting entirely of information that is
common property and containing no original
authorship.
7. Duration of Copyright
for works created on or after January 1, 1978, and
works originally created before January 1, 1978 but
not published or registered by that date, the duration
of a copyright is the life of the author plus 70 years.
Advantages : easy to obtain in short period of time
for a low cost and are easily maintained.
Disadvantages : not protect the underlying ideas or
functions performed by the software
8. TRADEMARK
Definition: A trademark is any word, name, symbol,
or device, or any combination of these, which
identifies goods in a way to distinguish them from
the goods of others.
Purpose of trademark:
for quickly identify the source of a given product or
service.
preventing from free-riding on the good reputation
of others.
9. Types of Marks
(a) Fanciful - for the purpose of functioning as a mark
and has no other meaning: XEROX
(b) Arbitrary- words used for the mark do not in any
way describe anything about the product at all
:APPLE computers
(c) Suggestive - a mark which merely “suggests” but
does not describe qualities or functions :GLEEM
toothpaste
(d) Merely Descriptive -identifies to mind the
characteristics, functions, purpose, use of a product
:HOUR AFTER HOUR deodorant
10. How do you establish rights in a trademark?
Usually, an application to register a trademark is
made to the national trademark office in the country
or region where the applicant wishes to protect the
mark.
How can you lose your rights in a mark?
1) To stop using it with no intention to use it again.
This is called “abandonment.”
2) by misusing the mark
11. Standard trademark rules:
1) Use trademarks as an adjective with the generic
name of the product (e.g., KLEENEX tissues)
2)Do not pluralize singular marks. (e.g., OREO
cookies, not OREOS)
3) Do not modify a trademark from its possessive
form, (e.g., LEVI’S jeans, not LEVI jeans)
4) Do not use marks as verbs or nouns. (e.g., You are
NOT xeroxing, but photocopying on a XEROX
copier.)
12. Geographical Indication (GI)
DEFINITION: (GI) is defined as any indication that
identifies a good as originating from a particular
place, where a given quality, reputation or other
characteristics of the good are essentially attributable
to its geographical origin.
It is the six Trade-Related Intellectual Property
Rights (TRIPS) of the World Trade Organisation
(WTO).
In India the Geographical Indications of Goods
(Registration and Protection) Act, 1999 (Act 48 of
1999) came into force with effect from 15 September
2003.
13. Darjeeling Tea was the first good to be registered as a
GI good in India.
Eg of GI ans therir states:
G.I STATE
Solapuri Chaddar Maharashtra
Maysor Silk Karnataka
Puneri Pagdi Maharshtra
Madhubani Paintaings Bihar
14. PATENT
A patent is a right to exclude others from making,
using or selling a claimed invention
Types of patent
1. Utility Patents: cover the useful or working features
of an invention
2. Design Patents :cover the physical appearance or
ornamental design of an article
3. Plant Patents :cover certain new and distinct,
invented or discovered asexually reproduced plants.
Duration of patent:
20 yr – Utility patent and 14yr- Design patent
15. Utility model
Grant protection from 5 to 10 yrs
Covers product not methods process material
Granted within few months
Fees for application and maintainance are cheaper
than patents
Design right
The appearance of the whole or part of
product(shape, line, colours)
Must not be dictated by technical function
16. References
1) Intellectual Property Basic Concepts And Principles By Charles F. Carletta, J.D.
2) Types Of Patent Searchesdr. Vinita Jindal, Ph.D.
3) Trade And Development Studies Issue No. 17 Produced By M. Masiiwa
4) Trademark: Infringement And Passing Off Anamika Bhaduri*
5) Copyright, Trademark And Patent Law: An Overview Of The Intellectual
Property Framework In The United States Ann Bartow
6) Intellectual Property Right By Mohamed Omer Abdelgawd And Ahmad Mohmad
Dahy
