Professional Documents
Culture Documents
A.Ram Kumar
Advocate
High Court of Andhra Pradesh Intellectual Property Rights & Information Technology
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Patents Trade Marks Copyrights Geographical indications Industrial designs Layout-design (topographic) of Integrated Circuits
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Trademark definition
A trade mark can be defined as a visual symbol, a letter device or a label applied to articles or services with an view to indicate to the public the identity of the product and its origin Section 2(1)(m) of the Trade Marks Act, 1999, defines trade marks as Mark, includes a device, brand, heading, label, ticket, name, signature, word, letter, shape of goods, packaging or combination of colours or any combination thereof.
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Essentials of a Good TM
Should be distinctive- the mark should earmark the said product distinct from other similar products TM preferably should be invented word Should be easy to pronounce and remember If a device, the device mark should be capable of being described The mark should spell correctly Should not be descriptive but could be suggestive Should be short and appealing to the eye
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TM registration process
Application for Registration Under Section 16 Acceptance of application If not withdrawn after acceptance of application .Section 19 Advertisement of application Section 20 Opposition of Registration Section 21 If application not opposed.If application is opposed and rejected. Under section 23 Registration of the Mark
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Infringement of TM
using a deceptively similar mark as to goods or services using a deceptively similar mark as to the trade origin using a phonetically similar mark word per se using a strikingly similar mark word or logo using the plaintiffs marks on reconditioned goods taking substantial features of an registered trademark and using it using the plaintiffs labels without authorisation
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Copyright
Copyright, the first intellectual property in the world to receive legal recognition, is a unique Intellectual Property right in that it does not fall under the category of Industrial Property Copyright protection covers areas of work in printing, music, communication, entertainment and computer software Copyright can be defined as exclusive right given by the Law for certain terms of years to an author, composer (or his assignee) to print publish and sell copies of the original work in full or in part. It can also be defined as an incorporeal right granted to the author or organization of certain literary or or Artistic work, whereby the said person , for a special period has the sole and exclusive privilege to multiply copies of the said work.
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Copyright - Definition
Section 14 of the Copyright Act, 1957, gives a lengthy definition of what Copyright means. For the purpose of brevity and easy understanding the definition under the Act is analysed as under: 1. Copyright is a bundle of exclusive rights. 2. Its given by the law 3. Given to the creator of literary, dramatic, musical and artistic works. 4. Exclusive right to engage in and license others to reproduce the works in any material form, to make copies of work to the public, to perform the work in public, communicate the work public to make translation of the work or an adaptation of the work.
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Characteristics of Copyright
Its a creation of a specific statute Its form of intellectual property Its a monopoly right restraining others from exercising that right Copyright is a negative right in that it is prohibitory in nature Copyright consists of bundle of rights in the same work It also consists of rights derives from original works like right of public performance etc
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Infringement of Copyright
Section 51 defines infringement of copyright in general Infringement under these section means reproduction of a literary, dramatic, musical or artistic work in the form of a cinematograph film shall be deemed to be an infringing copy. Elements that need to be present to make an infringement act are (1) substantial copying (2) direct evidence of copying, from a copyrighted source Section 52 lists out acts which do not constitute infringement of the copyright
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Patents
The national legal regime pertaining to patents is contained in the Patents Act, 1970 as amended by the Patents Amendment Act, 1999. The 1999 act is as consequence of amendments carried out to bring the act in conformity with the TRIPS Agreement The new act includes product patent in Pharma Industry
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Patents Definition
The Patent Act, 1970 does not provide for a comprehensive definition. Section 2 (m) of the Act merely says that patent means a patent granted under this act and includes for the purposes of sections 44,49,50,51,52,54,55,56,57,58,63,65,66,68,69,70,78,134,1 40,153,154 and 156 and chapters xvi, xvii, and xviii a patent granted under the Indian Patents and Designs Act. 1911. Patent is legal monopoly granted to the owner of a new invention which is capable of industrial use, for a limited period of time.
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Features of Patent
To be patentable the invention must be new and useful, non obvious. Obvious invention are not patentable The act also debars injurious inventions or inventions which violate public morality and all processes relating to treatment of humans, plant and animals.
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Infringement of Patents
(1) (2) (3) (4)
What can amount of infringement The colourable imitation of an invention. Immaterial variations in the invention. Mechanical equivalents Taking essential features of the invention.
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Questions Please
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