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  • Intellectual Property Laws

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    Prathap Sankar
    62 views19 pages
    Based on TRIPS aggrement the accepted Intellectual Property laws are mentioned in the presentation.

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    Based on TRIPS aggrement the accepted Intellectual Property laws are mentioned in the presentation.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pptx, pdf, or txt
    62 views19 pages

    Intellectual Property Laws

    Uploaded by

    Prathap Sankar
    Based on TRIPS aggrement the accepted Intellectual Property laws are mentioned in the presentation.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pptx, pdf, or txt
    of 19

    Intellectual Property Law

    1.
    2.
    3.
    -.
    -.
    -.
    -.
    -.
    -.
    -.

    What is Intellectual Property


    International Background to Intellectual Property Laws
    Forms of Intellectual Property
    Patents
    Trademarks
    Copyrights
    Industrial Designs
    Geographical Indications
    Plant Varieties
    Undisclosed Information

    Intellectual Property Law


    4. Patents
    Aims:
    Reward the inventor
    Benefits to society - quid pro quo
    Technical advancement
    Encourage investment in infrastructure
    Increase employment opportunities
    Encourage Research & Development

    Intellectual Property Law


    5. FUNDAMENTAL PRINCIPALS OF PATENTABILITY
    Patent Right subsists in an INVENTION
    INVENTION must be

    NEW (NOVEL)

    USEFUL (UTILITY)
    NON-OBVIOUS

    Intellectual Property Law


    6. WHAT ARE NOT INVENTIONS
    FRIVIOLOUS CONTRARY
    INVENTONS TO
    NATURAL
    LAWS

    INJURIOUS TO PREJUDICIAL
    PUBLIC
    TO ANY LIFE
    HEALTH
    FORM

    CONTRARY DISCOVERY
    TO LAWS OF
    MORALITY

    MERE
    ADMIXTURE

    METHOD OF METHOD OF SCHEME,


    AGRICULT- TREATMENT PLAN OR
    URE OF LIVING
    SYSTEM
    BEINGS

    MERE
    ARRANGEMENT
    COMPUTER
    PROGRAMMES

    Intellectual Property Law

    7. Term of the Patent


    8. Complete Specification
    9. Compulsory Licence
    10 Trade Marks
    What is a MARK :
    includes a device
    brand
    heading label
    ticket
    name
    signature word
    letter
    numeral
    OR any combination thereof
    shape of goods, packaging, colour - TMA99
    Sound, Smell - also marks - NOT in India

    Intellectual Property Law


    11. FUNCTIONS OF A TRADEMARK
    Traditional Role
    distinguish the products of one manufacturer from
    those of another
    indicate the source or origin of the goods
    represent the goodwill of the manufacturer
    TM as a part of the marketing mix
    Guarantee of QUALITY
    Guarantee of AUTHENTICITY
    Create a feeling of TRUST
    Aid to Branding

    Intellectual Property Law


    12. Some Famous Brands (Trade Marks)
    Mercedes Benz
    Coca Cola
    for
    Intel
    for
    Crocin
    Bournvita
    for
    MGM - roar of Lion
    Taj Hotels
    for
    Nike
    for
    501 Bar
    for

    for vehicles
    beverages
    computer
    for pharma
    food stuff
    for entertainment
    hotels
    shoes
    soaps

    Intellectual Property Law


    13. Rights of a trade mark owner :
    to use
    to prevent others from using similar
    or deceptively similar marks
    protection also extended to related classes
    statutory protection

    Intellectual Property Law

    Intellectual Property Law

    Intellectual Property Law

    Intellectual Property Law


    14. CIVIL RELIEFS
    INJUNCTION
    DAMAGES / ACCOUNT OF PROFITS
    DESTRUCTION OF INFRINGING MARK HANDING OVER
    POSESSION OF COPIES

    Intellectual Property Law


    15. RELIEF IN CRIMINAL ACTION

    IMPRISONMENT

    FINE

    CONFISCATION/ DELIVERY OF GOODS

    SEARCH & SEIZURE OF INFRINGING

    GOODS

    Intellectual Property Law


    16. MEANING OF COPYRIGHT :
    Right To
    reproduce the work ( incl. Storing )
    issue copies of the work
    perform work in public
    communicate the work to the public
    make translation
    make adaptation
    sell or give on hire

    Intellectual Property Law


    17. Copyright subsists in original
    literary, dramatic, musical & artistic works
    cinematographic films
    sound recordings
    which are either first published in India, ..

    Intellectual Property Law


    18. Range Of Copyright Protection
    Product Packaging
    Scenic Arrangement
    Paintings
    Sculpture
    Drawings ( maps,..)
    Engravings
    Photographs
    Architectural Works
    Computer Software
    Research Papers
    Computer databases Choreographic work

    Intellectual Property Law


    19. Some Important Concepts :
    -

    No Copyright in ideas, themes,principles


    Artistic Quality ?
    Copyright subsists in an identical work
    Rule : Creation must be independent
    Term Of the Copyright : Life + 60 years
    Authors Moral Rights
    Registration Of Copyright not a pre-requisite
    Fair Dealing, Back-ups, Educational purposes

    Intellectual Property Law


    20. CIVIL & / OR CRIMINAL LIABILITY
    injunction
    damages
    account for profit / delivery up
    imprisonment
    fine
    seizure of goods

    Intellectual Property Law

    Thank You

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