The basics of IPRs (Intellectual Property Rights) for startups that an entrepreneur must know. How a startups should choose the trade marks and copy rights, and how to use them to the best advantage for the business.

1. INTELLECTUAL PROPERTY LAW FIRM
Copyright © Aletheiaa Legal 2016

2. WE PROTECT
YOUR
CREATIONS

3. TYPES
OF IPR
PATENT
TRADE
MARK
COPYRIGHT
PLANT
VARITIES
DESIGN
GEOGRAPHICAL
INDICATION
TRADE
SECRETS

4. TRADE MARK
TMR

5. TRADEMARK
What is a Trademark?
• The term ‘mark’ has been defined to include ‘a device, brand, heading,
label, ticket, name, signature, word, letter, numeral, shape of goods,
packaging or, combination of colors, or any combination thereof.’ Thus,
the list of instances of marks is inclusive and not exhaustive.
• A Trademark is defined to mean a mark which is capable of being
represented graphically and distinguishing the goods or services
produced or provided by one enterprise from those of other enterprises.
• What are the different types of Trademarks? How to choose a name?
What are the advantages of a Trademark? How to commercialize a
Trademark?

6. TRADEMARK
Types of Trademarks?
• WORD: PEPSI, DISNEY, GOOGLE, COLGATE
• LOGO:
• SLOGANS:
• DOMAIN NAMES: www.yahoo.com- domain names serve the same
function as a trademark, and is not a mere address or like finding
number on the internet, and therefore, it is entitled to equal protection
as a trademark.

7. TRADEMARK
How to choose a Name?
http://www.slideshare.net/sdgarrison/ip-and-licensing-what-you-need-to-know-about-trademarks-patents-and-licensing-agreements

8. TRADEMARK
Importance of a Trademark
• Acts as a Source Indicator : helps in distinguishing your products and
services from those of competitors and helps identify you as the source.
• Provides Quality Assurance: indicate a consistent level of
standards/quality associated with your products and services.
• Exclusive right to use the trademark: Only you can use that trademark
and stop others from misuing it.
• Goodwill generator: Use of the trademark over years generates goodwill
that increases the value of the brand. Trademarks are usually the only
business asset you have that can appreciate in value over time.

9. TRADEMARK
How to Leverage your Brand?
Trademarks are assets and share attributes with other forms of
property:
• PERSONAL USE: Where you generate income by manufacturing goods or
rendering services under that trademark.
• LICENSE BRAND TO THIRD PARTY USERS IN EXCHANGE FOR ROYALTY
Franchising outlets
character merchandising (e.g. Bobble heads, stationery, t-shirts)
co-branding promotions, sports events
• BOUGHT AND SOLD (“Assignments”):
in the acquisition of a business
in the acquisition of a specific product line

10. TRADEMARK
Recommendations
• CHOOSE A STRONG MARK:
Invented marke.g. KODAK-camera; GOOGLE- search engine
Arbitrary mark e.g. APPLE- Computers; MANGO-Clothes
• ALWAYS CONDUCT A SEARCH:
Search is recommended to ascertain if any identical/similar marks have
already been filed or registered which could block or oppose the
registration of your brand.
• CORRECT USE OF ™ AND ® SYMBOLS:
™ can be used to make public aware that you treat your brand as a
trademark. ® symbol can only be used after the trademark is registered.

11. COPYRIGHT
• What is a Copyright?
An exclusive right given by law to the author of original works:
Literary ; Dramatic ; Musical and Artistic works, Cinematograph film
and Sound Recording to reproduce, print, publish, communicate to the
public and sell copies of their work.
Under Indian law, registration is not a prerequisite for acquiring a
copyright in a work. A copyright in a work is created when the work is
created and given a material form, provided it is original.
COPYRIGHT

12. COPYRIGHT
India is a member to the Berne and Universal Copyright Convention,
which protects copyrights beyond the territorial boundaries of a
nation. Thus any work first published in any country - which is a
member of any of the above conventions - is granted the same
treatment as if it was first published in India.
The registration of a copyright serves as prima facie evidence
admissible in a court pertaining to the ownership and particulars of
the copyright.
A copyright grants protection to the creator for the works and
prevents such works from being copied or reproduced without his/
their consent. The term of copyright in India for a literary, dramatic,
musical or artistic work is the lifetime of the author of the work plus
60 years from the beginning of the calendar year following the year in
which the author dies.
COPYRIGHT
IMPORTANCE/ADVANTAGE OF COPYRIGHT?

13. COPYRIGHT
HOW TO LEVERAGE YOUR COPYRIGHT IN A WORK?
• LICENSING WORK TO THIRD PARTY USERS FOR ROYALTY (Retain
Ownership)-
- Licensing right to publish a book to a Publisher;
- Software Licensing to multiple clients;
- Licensing musical tunes as ring tones, jingles etc.
• ASSIGNMENT OF WORK FOR LUMPSUM PAYMENT & ROYALTY
(Transferring Ownership)-
- Assigning all rights in the book to a Publisher;
-Assignment of Software to a client.
- Brand or website Designing for a Client.

14. COPYRIGHT
Recommendations
• COPYRIGHT NOTICE:
Always use the Copyright notice when you create any work i.e.
© [Your name/Company name] [Year of creation].
• SOFTWARE DEVELOPMENT AGREEMENTS:
As per Copyright Law, the software developer owns the
Software/sourcecode even if client pays for it. In Agreements, clearly
specify if the Software is being licensed or assigned to the client and if
Licensed- whether it is exclsuive or non-exclusive.

15. COPYRIGHT
Recommendations
• EMPLOYMENT AGREEMENT:
Indian Copyright Act, 1957 specifies that an employer becomes the owner
of a copyright in any Work created by an employee during the course of
and within the scope of employment. All employment
contracts/engagement letters should specifically have a clause to this
effect.
Agreements with Freelancers/Independent Consultants- Specific Clause
stating all Copyright shall vest in the Client, upon payment of fees.
• CLIENT PROPOSALS:
In all client proposals there should be a clause which clearly states that
Copyright in the Work shall be assigned to the client only upon full
payment of fees.

16. • WHAT IS A PATENT?
• A Patent is a statutory right to exclude others, from making, offering
for sale, using, selling, and importing the patented product or process
without the consent of the patentee, for a limited period of time.
These rights are granted in exchange of full disclosure of the
invention.
• The term “invention” is defined under the Patents Act as “a new
product or process involving an inventive step and capable of
industrial application .” Thus, the invention must fulfill the
requirements of novelty, non -obviousness, and utility to be
considered as patentable invention.
PATENT

17. • EXCLUSIVE RIGHTS - Patents provide the exclusive rights which usually
allow the Owner to use and exploit the invention for twenty years from
the date of filing of the patent application.
• STRONG MARKET POSITION - Through these exclusive rights, the
owner is able to prevent others from commercially using their patented
invention, thereby reducing competition and establishing themselves in
the market as the pre-eminent players.
• HIGHER RETURNS ON INVESTMENTS - Having invested a considerable
amount of money and time in developing innovative products, the
owner could, under the umbrella of these exclusive rights,
commercialize the invention enabling the owner to obtain higher
returns on investments.
PATENT
IMPORTANCE OF A PATENT

18. • INCREASE IN NEGOTIATING POWER - If the owner is in the process of
acquiring the rights to use the patents of another enterprise, through
a licensing contract, the owner could enter into a cross licensing
arrangement where, simply put, the patent rights could be exchanged
between the two parties.
• POSITIVE IMAGE FOR YOUR ENTERPRISE - Business partners, investors
and shareholders may perceive patent portfolios as a demonstration
of the high level of expertise, specialization and technological capacity
within your company. This may prove useful for raising funds, finding
business partners and raising your company's market value.
• TAX REBATES: Introduction of the Patent Box Regime under the
Budget- 2016- wherein tax rebates will be offered to Start Ups who
develop and register their Patents in India.
PATENT
IMPORTANCE OF A PATENT

19. • NON-DISCLOSURE AGREEMENTS: An idea/invention that is capable of
patent protection shall not be disclosed before a provisional/complete
patent is filed. Ensure NDA’s are signed with anyone/everyone with
whom the patentable idea is being discussed.
• PATENTABILITY SEARCH: Prior to filing a Patent always conduct a
search to ascertain if a patent has already been filed/granted in respect
of an invention similar to yours or not.
• EMPLOYMENT AGREEMENTS: All entities which develop patentable
ideas/inventions/technologies should contain assignment clause and
confidentiality clause in all Employment/Consultant Agreements.
PATENT
RECOMMENDATIONS

20. THANK
YOU!

21. ANY QUESTIONS???
CONTACT US @:
• RADDHIKA SINGH
• 9910089683
• Raddhika@aletheiaalegal.com