Intellectual Property Rights,IPR

1. VIKRAM DAHIYA IIM-ROHTAK All About Intellectual Property Rights

2. Value Creation ??? Wealth Generation ?? Wealth Realisation ??

3. Key issue : Ownership of Knowledge versus IPR plays a decisive role Knowledge Prospecting Knowledge Piracy pganguli©2001

4. Consumption Daily 6/29/2004 Beijing – 50,000 Counterfeit LV Bags Destroyed The local Technical Supervision Bureau (TSB) in Beijing destroyed 50,000 Louis Vuitton bags, worth RMB5 million. LV’s agent in China witnessed the destruction of the seized bags. China Intellectual Property News 7/3/2004 Guangdong – Biggest Trademark Infringing Case Guangdong AIC recently released information on a trademark infringing case with an estimated total value of RMB11 million. The infringing products seized were mainly sportswear labeled “NIKE,” “Adidas,” and other brands. Some of the infringing shoes included “NIKE” designs that are scheduled to be launched in 2005.

5. In 1970, the French designer Yves Saint Laurent (YSL) created and successfully marketed a long black sleeveless tuxedo-like evening dress, which the YSL fashion house reintroduced in their 1992 collection. Ralph Lauren was selling a similar version of the dress in their 1992 collection. YSL brought suit against Ralph Lauren under copyright infringement, design infringement and unfair competition. May 1994: The court in Paris decided in favor of YSL Court concluded that YSL owned the 1970 dress design under the law on Designs and Models and also considered the dress design an original copyrighted creation. YSL was awarded damages of FFr 2 million. [50% for copyright infringement and 50% for damages resulting from unfair competition. Yves Saint Laurent vs. Ralph Lauren

6. Framework for Societal Governance Private Public Producer Consumer Industrialized Economies Developing Economies Balancing of Interests “ Private Interest Must Yield Public Good” Monopoly Competition

7. Ownership Rights Responsibilities

8. ACCESSIBILITY vis-a-vis AFFORDABILITY

9. Controlling Counterfeiting …… .A never ending challenge

10. I have an innovation .... How do I protect it in the market ??? Patent Trademark Copyright Design Registration Trade Secret Geographical Indications

11. TRADEMARK COPYRIGHT TRADE SECRETS IPR TOOLS SERVICE MARKS LAYOUT DESIGNS FOR INTEGRATED CIRCUITS ANTI COMPETITIVE PRACTICES IN CONTRACTUAL LICENSES PROTECTION OF NEW PLANT VARIETIES GEOGRAPHICAL INDICATIONS DESIGN REGISTRATION PATENT

14. Gillette Information source : PRICEWATERHOUSE COOPERS publication “ Valuation of Intellectual Property”

15. Managing IPR … A framework Product and Services Portfolio .... Strategic Intent Market and Competitor Positioning Innovation strategy and IPR plan Protection needed vis-a-vis existing Intellectual Assets Business Mission

18. How does one realise the value of one’s intellectual assets A structured audit is necessary

19. Calvin Klein Inc. announced last week it has signed a licensing deal with an affiliate of Italian manufacturer Fingen SpA to reintroduce CK Calvin Klein clothing line and accessories in Europe and the Middle East starting next spring. German luxury automaker Porsche and its licensing and trading company Porsche Lizenz- und Handelsgesellschaft mbH & Co KG (PLH) intend to push the worldwide expansion of the Porsche Design brand and to introduce a new store concept along with new licenses, including men’s sportswear line, reports fibre2fashion.com . » Expectations High for Beyonce`s Ready-to-Wear Line » International film and recording star, Beyonce Knowles, today announces a joint venture with Arthur and Jason Rabin. This partnership will provide the infrastructure for licensing and brand management to the new Beyonce fashion label. In turn, Beyonce Source: fashiongates.com Hello Kitty – New Jewellery Collection by Kimora Lee Simmons and Judith Leiber Hello Kitty's parent company, Sanrio, signed a licensing deal with powerhouses Judith Leiber and Kimora Lee Simmons to produce a luxury accessory collection of the girls' icon . » Calvin Klein Expands Bridge Business PHL Plans Worldwide Expansion of Porsche Design

21. IPR Portfolio Building Seed, nurture, cultivate and harvest Inventions to create the Present, Immediate Future and distant future portfolios Measuring IP Performance

22. Beware !!!! Seek usage clearance Public Testing of Inventions Premature disclosure of information

24. Professor Prabuddha Ganguli CEO “ VISION-IPR” 201 Sunview Heights 262 Sher-e-Punjab, Andheri East Mumbai 400 093 [email_address] Building Competitive Edge Patents and Designs Registration…… a few case studies

25. Anatomy of a Patent Title, Inventors, Assignees, Date of filing, Date of Publication, Date of Grant, A, International Classification, National Classification Application number, Patent Number; Abstract BACKGROUND OF THE INVENTION Description of the Prior Art SUMMARY OF THE INVENTION BRIEF DESCRIPTION OF THE DRAWINGS DETAILED DESCRIPTION PREFERRED EMBODIMENTS Claims

30. International Fashion Machines. ELECTRIC PLAID PRODUCT SPECIFICATIONS! Is it a computer display or a hand woven textile? IFM's Patent Pending Electric Plaid TM looks like a beautiful, soft textile artwork, but changes color like a computer display. IFM's Electric Plaid is a unique textile display technology and design material. It is used by IFM to create hand woven, sensuous individual artworks, interior design and architectural surfaces. Electric Plaid combines woven electronic circuits, color-change inks and drive electronics, to add TIME AND MOTION to textile patterns and design. Patterns change color slowly over time, to give you information or change the decor of the room. Electric Plaid is a reflective (it doesn't light up!) color-change medium. Electric Plaid can be combined with IFM's textile sensors, StitchSwitch, to create fully interactive textiles and INTERACTIVE ARTWORKS artworks Electric Plaid™ Patent-Pending Color-Change Textile Panels StitchSwitch™ Embroidered and Woven Light Switches Woven and embroidered touch sensors for controlling lights or other electronic devices in the home.

31. A sewing machine is a mechanical (or electrical) device that joins fabric, using thread, in a manner similar to manual sewing. Sewing machines make a stitch, called a sewing-machine stitch, using between one to four stitches. They include means for gripping, supporting, and conveying the fabric past the sewing needle to form the stitch pattern. Most home sewing machines, as with many industrial machines, use a two thread stitch called the lockstitch. Some other common machine types are chain stitch machines and sergers. Sewing Machines…A case study on Innovations…… Stitch in time with IPR Mission: A machine to replicate hand-sewing.

32. Sewing Machines Altered needles in the form of a fine steel hook to create a form of chain stitch 1755 ; Charles Fredrick Wiesenthal, awarded British Patent No. 701 in for a double pointed needle with an eye at one end which enabled it to pass through the cloth by a pair of mechanical fingers and grasped on the other side by a second pair. 1790; Thomas Saint awarded British Patent No. 1764 which had an overhead arm for the needle and a form of tensioning system. 1795-1830; various patents awarded for chain stitch machines of varying types but non satisfactory functioning.

33. Sewing Machines 1830; A French tailor Thimonnier Barthelemy awarded a French patent It used a horizontal arm mounted on a vertical reciprocating bar, the needle-bar projected from the end of the horizontal arm. The cloth was supported on a hollow, horizontal fixed arm, with a hole on the topside, which the needle projected through at the lowest part of its stroke. Inside the arm was a hook, which partly rotated at each stroke in order to wrap the thread (fed from the bobin onto the hook) around the needle at each stroke. The needle then carried the thread back through the cloth with the upward motion of its stroke. This formed the chain stitch, which held the cloth together. The machine was powered by means of a foot pedal with the stitch formed on the top of the cloth, not the bottom as with most other prior chain stitch machine made . Need felt for lock-stitch for strength. A lock stitch is created by two separate threads interlocking through the two layers of fabric, resulting in a stitch, which looks the same from both sides of the fabric.

34. Sewing Machines 1834; Walter Hunt’s developed a machine that used an eye-pointed needle (with the eye and the point on the same end) carrying the upper thread, and a shuttle carrying the lower thread. The curved needle moved through the fabric horizontally, leaving the loop as it withdrew. The shuttle passed through the loop, interlocking the thread. The feed let the machine down – requiring the machine to be stopped frequently to set up again. No patents filed. 1846; Elias Howe patented a machine that used a similar method to Hunt's, except the fabric was held vertically. The major improvement involved a groove in the needle running away from the point, starting from the eye

35. Sewing Machines Elias Howe did not succeed in finding investors in England and returned to the USA. He discovered that his invention was being infringed. He filed patent infringement suits against the infringers and eventually won his case in 1854 and was awarded the right to claim royalties from the manufacturers using ideas covered in his patent. 1851; American Patent to Isaac Merritt Singer’s machine That combined elements of Thimonnier’s, Hunts and Howe’s machines and used a flying shuttle instead of a rotary one; the needle was mounted vertically and included a presser foot to hold the cloth in place. It had a fixed arm to hold the needle and included a basic tensioning system. Howe sued Singer and won the case. Singer was forced to pay a lump sum for all machines already produced. Singer then took out a license under Howe’s patent and paid him $15 per machine.

36. Sewing Machines . Allen Wilson had developed a reciprocating shuttle, which was an improvement over Singer’s and Howe’s. However, John Bradshaw had patented a similar device and was threatening to sue. Wilson then went into partnership with Nathaniel Wheeler to produce a machine with a rotary hook instead of a shuttle. Wilson also invented the four-motion feed mechanism which had a forward, down, back, and up motion, which drew the cloth through in an even and smooth motion . 1850s more and more companies were being formed and were trying to sue each other

37. Sewing Machines . 1856 The Sewing Machine Combination was formed, consisting of Singer, Howe, Wheeler and Wilson, and Grover and Baker. These four companies pooled their patents, meaning that all the other manufacturers had to obtain a license and pay $15 per machine. This lasted until 1877 when the last patent expired. 1900s; The first electric machines started to appear. At first these were standard machines with a motor strapped on the side followed by motor into a casing. This was followed by computer controlled and use stepper motors or sequential cams to achieve complex patterns.

38. International Classification of Patents International Classification of Designs

40. Bernhardt v. Collezione Europa Fed. Cir. 2004) (04-1024) Bernhardt sued low cost furniture dealer Collezione for infringement of six design patents. The district court, however, held that several of patents were invalid under 102(b) for prior public use. Specifically, the court found that Bernhardt's disclosure of the designs at a Pre-Market exhibition rendered the patents invalid. In addition, the court found that Collezione's products did not infringe the patents.

41. Fryett’s Fabrics Settles Hathi Design Infringement Claim Against Natural World Natural World’s Festival Elephant Fryett’s Hathi Decision in Favour of Fryett Payment of £55,000, together with undertakings from Natural World to withdraw its Festival Elephant cushion and to deliver up all residual stocks of that design to Fryett’s. Tessitura A R Export SRL manufactured for Fryett’s, as exclusive distributor, a distinctive cushion panel design known as Hathi, marketed by Fryett’s within its Porter & Stone collection from June 2000. By mid 2002 Fryett’s had sold over 45,000 metres of Hathi. Natural World then began to sell a similar design marketed as Festival Elephant at prices which undercut the Hathi product. Fryett’s flied suit against Natural World alleging infringement of copyright and seeking an Injunction and damages.

42. The Court ruled that the perfume, called Timmy Holedigger, could not under any circumstance be confused with Tommy Hilfiger cologne, nor could it be seen as a competing product trading on the designer's good will. Besides, Nature Labs LLC, sells numerous other parody fragrances for pets, including Pucci (Gucci), Bono Sports (Ralph Lauren's Polo Sports) and Miss Claybone (Liz Claiborne). The Court observed that the other trademark holders have accepted the parody and not challenged Nature Lab's Trademarks . Tommy Hilfiger Licensing Inc. vs. Nature Labs LLC The US District Court in New York dismissed Tommy Hilfiger Licensing Inc's suit finding that "Timmy Holedigger", Nature Labs perfume for dogs, does not infringe on the fashion designer and cologne maker's trademark. Nature Labs sells its perfumes in pet and novelty stores, packaged in batches of three similar bottles, bearing slogans like "strong enough for a man, but made for a chihuahua."

49. CONTESSA FOOD PRODUCTS, INC. v CONAGRA, United States Court of Appeals for the Federal Circuit 01-1157 CONTESSA FOOD PRODUCTS, INC. (formerly known as ZB Industries Inc.), Plaintiff-Appellee, v. CONAGRA, INC. (doing business as Singleton Shrimp Company and as Meridian Products), MERIDIAN SEAFOOD PRODUCTS, INC., and OCEAN DUKE CORPORATION United States Court of Appeals for the Federal Circuit 01-1157 DECIDED: March 13, 2002

50. U.S. Design Patent No. 404,612

51. On remand, the district court is instructed to consider features, in addition to the arrangement of the shrimp on the top of the tray, regarding the underside of each of the accused products visible after the packaging is removed. The overall features of the top, side and underside of the accused products must be compared with the patented design as a whole as depicted in all of the drawing figures to determine infringement. Because the district court did not fully consider the underside of the tray illustrated in Figure 4 of the `612 patent when applying the "ordinary observer" test, we vacate the decision granting summary judgment of infringement and remand for further proceedings consistent herewith.

52. Professor Prabuddha Ganguli CEO “ VISION-IPR” 201 Sunview Heights 262 Sher-e-Punjab, Andheri East Mumbai 400 093 [email_address] Creating Institutional IPR Policies

53. Institutional IPR Policy

54. idea stage ..Technology development Freezing of options Position in the protected Technology grid Idea Feasibility Ideas demonstrable Ideas Actionable Idea into product/process Marketable Products/Processes Alignment with market time Realisable Value of IP to Potential Value of IP Market acceptability Competitive sustenance IPR Management Product Lifecycle Value addition to Organisation & Market Hi to Low Risk p.ganguli©2003 IPR Enabled Knowledge Incubation and Wealth Realisation

64. Professor Prabuddha Ganguli CEO “ VISION-IPR” 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East, Mumbai 400101 Tel: 91-22-28873766 e-mail: ramugang@vsnl.com Developing a Business Oriented Curriculum and course Material for IPR for NIFT

66. Creating IPR informed professionals in fashion industry ... not necessarily experts