Introduction of IPR explaining about patent, trademark and copyright in ppt

1. Intellectual
property laws
DR. PRADNYA PAHURKAR

2. Intellectual Property is the property
created from your intellectual or
intelligence
Introduction
Immovable property: Land, buildings--
TANGIBLE
movable property: mobile phone , table etc.
TANGIBLE
Intellectual Property: INTANGIBLE PROPERTY
Property

3. TYPES OF INTELLECTUAL PROPERTY
PATENT: Invention
TRADEMARKS: Mark represents business
COPYRIGHT: Literary Works, Artistic Works, Musical
Works, Cinematographic Works, Sound Recoding,
Computer Programme.
DESIGNS : Ornamental or asthetic aspect of a useful
article.
GEOGRAPHICAL INDICATION: Natural, Produced
recognized, denoting their origin and specific quality.

4. Patent it is an exclusive right
product patent process patent
Types

5. patentable invention
novel
useful
non-obvious
enhanced technology
economic significance
examples:
Iphone, 3D printers, Bluetooth, self driving
cars, solar panel
existing
new

6. Applicant
procedure
Patentee
term
20 years
cannot be
renewed. needs
to be made
public

7. case laws:
Novartis AG v/s Union of India & others
Dhanpat Sethand others v/s M/s Nilkamal
Plastics Ltd
kilta case

8. Definition : Mark
includes a device, brand, heading, label, ticket,
name, signature, word, letter, numeral, shape of
goods, packaging or combination of colours or
any combination thereof
Trademark

9. The Trade Marks Act, 1999, the word “mark” is
defined under Section 2(1)(i)(V)(m) as “a device,
brand, heading, label, ticket, name, signature,
word, letter, numeral”.
The term “Mark” under the Act also includes
the shape of goods, packaging, or combination
of colours or any other type of combination.

10. conventional trademarks
collective mark certification mark Well known

11. NON CONVENTIONAL TRADE MARKS

12. GOOD TRADEMARK
• Distincitve
• fanciful – example
Kodak
• arbitrary- apple
• easy to spell
• short
• descriptive marks
• hard
• difficult to remember
NOT GOOD TRADEMARK

13. Term
10 years
Unregistered
trademark
Registered
trademark
it can be
renewed

14. Case Laws
• The Coca-Cola company v. Bisleri
International Pvt. Ltd
• Yahoo! Inc. v. Akash Arora & Anr
• Starbucks Corporation v. Sardarbuksh Coffee
& Co.

15. • When the trademark is not
registered but someone violates
the right of proprietor, it is called
as passing off
• Deceptively Similar
• copying of trademarks
• using the registered TM
with few additions
• unauthorized use of
registered TM
INFRINGMENT PASSING OFF
REMDIES: COMMON LAW
REMEDIES: CIVIL,
CRIMINAL

16. COPYRIGHT EXCLUSIVE RIGHT
1. Literary
works
4. Musical works
2. Artistic
works
5. Sound
recording
6. Computer
software and
programmes
3.Cinematograph
films

17. Idea cannot be copyrighted
no registration is required
publication is enough

18. Subject Matter Creator examples
literary works Auhtor
thesis, lecs, books,
translations, poems
musical works Composer songs, remix
cinematographic films Producers movies, documentary
sound recording Producers sound recording
artisitic(painting,
photography,
sculpture,engravings)
painter,
photographer,sculptor,
engraver
painting, photos,
scuplture etc

19. Subject Matter Term
musical works, cinematographic films sound recording,
artisitic(painting, photography, sculpture,engravings)
60 years from the date of
first publication
Literary Works
Lifetime + 60 years after
death of the author
Anonymous, pseudonymous works
60 years from the
publication if the identity of
the author is disclosed the
lifetime+ 60 years after the
death of the author
Posthumous works
60 years from the date of
the publication

20. Special Rights Term
Broadcasting organization :
boradcast reproduction rights
25 years
Performers Rights : Acrobat,
musician, singer actor, juggler
snake charmer person
delivering lecture or any other
person when makes
performance
50 years

21. Case Laws
Hawkins Cooker Ltd. vs Magicook
Appliances
Super Cassettes Industries Limited vs
YouTube and Google