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Intellectual Property Laws

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3 views

Intellectual Property Laws

Uploaded by

vikashkumar.p2426
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Intellectual Property Laws

Movable
Tangible
Immovable
Property

Intangible Intellectual
IP is the creation of human intellect, it
refers to the ideas, knowledge, invention,
innovation, creativity research, etc,

Patent
Copyrights
Trademark
Industrial Design
Patent Act, 1970
“ A patent is, and exclusive right granted by a country to the
owner of an invention to make, use, manufacture and market
the invention, provided the invention satisfies certain
conditions stipulated in the law”.

“Invention means a new product or process involving an


inventive step and capable of industrial application.”
Patent Act, 1970
 Application
 A true and first inventor
 Assignee or first and true inventor
 A legal representative of the first and true inventor.
• Registration of Patent
• To controller general of patents
• With provisional specification
• Three month time for opposition
• For food or medicine item Process patent
• Revocation of Patent
• Invention earlier claimed
• Patentee not entitled to apply
• Patent wrongfully obtained.
• Grant Patent
• Term of Patent
Copyright Act, 1957
It gives protection for the expression of an idea and not for the
idea itself.
“Copyright is the exclusive privilege, secured according to
certain legal forms, of printing, or otherwise multiplying,
publishing and vending, copies of certain literacy or artistic
productions.”
Classes of works which Copyrights
Protection is Available in India

Artistic work Dramatic work Literary Work

Computer Cinematograph Sound


Programme Film Recording

Musical work
 Registration OF Copyright
1. It is optional
2. Details should enter in register in copyright office
3. To Registrar
4. Application with copy of work
 Duration of Copyright
1. ( 60 years)
 Infringement of Copyright
Trademarks and Merchandise Act,
1999
“ Trademark is a word, phrase, symbol, design or a combination
thereof, that identifies and distinguishes the sources of the
goods of one party from those of others”

“Trade mark means a mark capable of being represented


graphically and is capable of distinguishing the goods or
services of one person from those of others and may include
shape of goods, their packaging and combination of colors;”
section 2 (zb)
Qualities of TM
1. It should be easy to pronounce and remember
2. In case of device mark, the device should be capable of
being described by single word,
3. It must be easy to spell correctly and write legibly.
4. It should not be descriptive but may be suggestive of the
quality of the goods
5. It should be short
6. It should appeal to the eye as to the ear.
7. It should satisfy the requirement of registration
8. It should not belong to a class of mark prohibited from
registration.
Types of Trademark
1. Non-conventional Trademark
 Colour Tradmark
 Sound Mark
 Shape of Goods, Packaging
2. Motion Trademark
3. Service mark
4. Collective mark
5. Certification Mark
6. Well-known Mark
Registration Process
1. Application to Tradmark Office
2. Advertised in Trademarks Journal open for four months
3. Registration certificate issued after 4 to 6 month
4. Valid for 10 year…can renew after same
Here is well-known trademarks……….
Designs Act, 2000
Why ?
1. Customize products to appeal to specific market segments
2. Create a new Niche Market
3. Strengthen Brands
Registration
1. Duration 10 year…can be extended 5 year
`
Thank you……………!

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