Professional Documents
Culture Documents
Project Report
on
Submitted by
CS Chandra Agarwal
INTELLECTUAL PROPERTY RIGHTS
PREFACE
This project report has been prepared after a thorough study of various books, case studies,
and data from web pages, for submission to the ‘Institute of Company Secretary of India’
as a part of the course curriculum by Group III of 126th Secretarial Modular Training
Programme.
During our tenure of working till date, we have observed that intellectual property rights is so
much in use in common parlance but is highly misunderstood. Even among the professional
managers the controversy and confusion persist. All over the world, R&D and business
activities are becoming increasingly global and borderless, and the securing of worldwide
Intellectual Property (IP) protection is becoming an extremely important issue. IP protection
is a key factor for promoting foreign investment and technology transfer, as well as for
boosting a nation’s industrial development
Through this project report, we have endeavoured to clarify the concept of IPR, including
user friendly explanation of different types of IPRs, case studies on patents granted in India
and other countries, special studies on technology evaluation, analyses of patent
applications filed in India in various technology areas, international treaties and conventions
and patent laws in other countries. Besides regular features like domestic and international
news and information about patents for being opposed are included.
We take this opportunity to express our deep gratitude to the ‘Institute of Company
Secretary of India’ for giving us this task.
Disclaimer: Although it is our endeavor to provide accurate and timely information, there can be no
guarantee that such information is accurate as of date it is received or that it is continued to be
accurate in the future. No one should act upon such information without appropriate professional
advice after a thorough examination of a particular situation.
INDEX
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Sl. No. Topic Page no.
3 Utility Model 8
4 Trademark 9
8 Infringement 15
10 Copyright-Introduction 23
11 Copyright Laws 24
12 Scheme Of Right 29
17 Patent 44
19 Trade Secret 47
20 Conclusion 48
1 Trademark Trademark 9
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5 Copyright Copyright Introduction 23
6 Creativity+Technology=Copyright Copyrights 24
Introduction
INT – AN OVERVIEW
Intellectual Property is a property that arises from the human intellect. It is a product of
human creation.
It is the creation of the human intellectual process and is therefore the product of the human
intellect or mind.
Intellectual property protects applications of ideas and information that are of commercial
value. They are rights to stop others from doing certain things, to stop pirates, counterfeits,
imitations, etc.
The rationale for protection of intellectual property is to stimulate and promote further
creativity.
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OBJECTS OF INTELLECTUAL PROPERTY
ADMINISTRATION
In Kenya three government ministries administer intellectual property rights. Kenya Industrial
Property Institute (KIPI), a body corporate in the Ministry of Trade and Industry administers
the Industrial Property Act 2001 of the laws of Kenya covering Patents, Trade marks,
Service marks, Industrial designs and Utility models. Copyright is administered by the
Copyright Board of Kenya an office in the Attorney General Chambers under the Copyright
Act 2001 of Kenya. The Plant varieties Act of Kenya is administered by the Kenya Plant
Health Inspectorate Services KEPHIS.
IMPORTANCE
Intellectual property has long been recognized and used by industrialized countries, and
some developing countries, as an important tool of technological and economic
development. Many developing countries are becoming increasingly aware that it is in their
best interests to establish national industrial property systems, where they do not exist, and
to strengthen and upgrade existing systems which, inherited from their historical past, are no
longer adequately responding to new needs and priorities.
Countries have laws to protect intellectual property for two main reasons. One is to give
statutory expression to the moral and economic rights of creator for their creations and the
other is to promote, as a deliberate act of government policy, creativity and to encourage
fair-trading. This contributes to economic and social development.
PROTECTION
Intellectual property is protected by national laws, which are unique in each country. Some
countries including Kenya have become signatories to multinational treaties and
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agreements, which provide some form of harmonization in the protection of intellectual
property. Kenya is a member of the following Organisations, Protocols, treaties and
agreements:
PROTECTION PROCEDURES
Inventions
A patent is granted by a national patent office or by a regional office that does the work for a
number of countries, such as the European Patent Office (EPO). At the Institute applications
to grant patents are received from four routes, namely:
• local
• ARIPO
• foreign - direct
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.
A patent describes an invention for which the inventor claims the exclusive right.
Invention is a new solution to “technical” problem. (product, process and new use)
It must be new
Have an inventive step
Be Industrially applicable
UTILITY MODEL
A utility model is an invention that can be utilized in industry, agriculture, education services
or environmental conservation and which relates to shape, structure or assemblages
of articles.
It must be new
Be Industrially applicable
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TRADE MARK
BACKGROUND
The Indian law on trademarks is enshrined in The Trade Marks Act, 1999 which came into
force with effect from September 15, 2003. The salient features of the amended Act are as
follows:
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WHAT IS A TRADEMARK?
Mark includes a device, brand, heading, label, name, signature, word, letter, shape of goods,
packaging or combination of colours
Trade Mark means a mark capable of being represented graphically and which 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 colours.
• Registered Proprietor
• Government
• Professionals
• Purchasers/ consumers
Subject to the provisions of rule 151,of the Trade Mark Rules, 2002, a person shall be
qualified to be registered as a trade marks agent if he-
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• is a citizen of India;
• is not less than 21 years of age;
• has passed the examination prescribed in rule 154 or is an Advocate within the
meaning of the Advocates Act, 1961 (25 of 1961), or is a Member of the Institute of
Company Secretaries of India;
• is a graduate of any university in India or possess an equivalent qualification; and
• is considered by the Registrar as a fit and proper person to be registered as a trade
mark agent.
• Being a India Trademark Attorney is both a demanding and rewarding profession.
For example:
SERVICE MARKS
The service mark can be registered in respect of the following services under their
respective classes:
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1. Advertising, business management, business 35
administration & office functions.
4. Telecommunications 38
6. Treatment of materials 40
PROHIBITED MARKS
A trade mark right can be obtained by a trader or manufacturer by any one of the following
modes:
• Registration
• Assignment and Transmission
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• Prolonged usage.
• License under Common Law
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However, an unregistered trade mark can also be assigned and transmitted as per
section 39 of the trade mark Act, 1999 an unregistered proprietor
• the duration, extent and geographical area of any use for that trademark.
• The duration, extent and geographical area for any promotion of the trademark
including advertising or publicity and presentation at fairs or exhibition of the
goods or services in which the trademark appears.
• Whereas a trademark has been determined to be well known in at least one
relevant section of the public in India by any court or Registrar, the Registrar shall
consider that trademark as a well known trademark for registration under this Act.
The Registrar is not required to consider the following facts while determining a well
known trademark.
A person other than the registered proprietor of a trade mark may be registered as a
registered user thereof in any or all of the goods or services covered under the registered
trade mark.
The use of the trade mark permitted as above shall be deemed to be used by the proprietor
of the trade mark for the purposes of the Act or any other law.
The registered proprietor and the proposed registered user have to jointly apply in the
prescribed manner to the registrar enclosing with the application the written agreement
between them and an affidavit of the registered proprietor or a person authorized by him,
giving particulars of the relationship between them including the degree of control by the
proprietor and whether the proposed registered user would be the role registered user.
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RIGHTS & REMEDIES OF A TRADE MARK OWNER
The owner of a registered trademark may commence legal proceedings for trademark
infringement to prevent unauthorized use of that trademark.
However, owner of an unregistered mark may be protected through the common law
process for the passing off its Trade Marks by some other person.
Two types of remedies are available to the owner of a trademark for unauthorized use of his
or her mark or its imitation by a third party. These remedies are:
INFRINGEMENT
Infringement of a trade mark occurs if a person other than the registered proprietor in the
course of trade, in relation to same goods or services for which the mark is
registered, uses the same mark or a deceptively similar mark
In an action involving infringement or passing off, a court may grant relief of injunction and/or
monetary compensation for damages for loss of business and/or confiscation/destruction of
infringing labels and tags etc.
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1. Remedy in the form of action for Remedy in the form of action for
Infringement is available in case of Passing Off is available in case of
registered trade mark unregistered trade mark.
Both the parties in this case applied for registration of trade mark. The trade marks used
by the two rivals were “Mathura ghee” and “Mathura Ghee”.
The use of the Trade mark “Mathurag” by the rival producer had commenced after lapse
of five years from the use of trade mark “Mathura Ghee”. The owner of trade mark
“Mathura” had popularized his mark by investing huge amounts on advertisement. The
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two marks were phonetically similar. There was not much difference in pictorial and
monogram. The only difference was the word “g”.
The High court found no reason to interfere with the grant of injunction in favour of the
plaintiff passed by the second Additional Chief Judge, City Civil Court, restraining the
defendant before him from using the trade mark “Mathurag Ghee” since the rival party
had been manufacturing and selling their products using the trade mark “Mathura Ghee”
as prior users.
Plaintiff was selling cosmetic product under the registered trademark “Lakme”
.Defendant was using the Trademark “like-me” for the same class of products. It was
held that there was striking resemblance between the two words. The two words are
also phonetically similar. There is every possibility of deception and confusion being
caused in minds of the prospective buyer of the plaintiff’s products. Injunction was
made permanent.
A trade mark must qualify the following tests for being eligible for registration:
• Mark should be capable of distinguishing goods or services of one person from those
of another.
• Mark should not consist exclusively of marks used in general for referring to the
characteristics of goods or services.
• Mark should not be of the nature so as to deceive the public or cause confusion.
• Mark should not contain any scandalous or obscene matter.
• Mark should not be prohibited under the Emblems and Names (Prohibition of
Improper use) Act, 1950
• Mark should not consist exclusively of shape of the goods which is necessary to
obtain technical results.4
• Mark should not consist exclusively of the goods resulting from the nature of the
goods themselves.
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India has declared certain countries as convention countries, which afford to citizens of India
similar privileges as granted to its own citizens. A person or company from a convention
country, may within six months of making an application in the home country, apply for
registration of the trademark in India. If such a trademark is accepted for registration, such
foreign national will be deemed to have registered its trademark in India, from the same date
on which it has made application in the home country.
Where the applications have been made for the registration of trademark in two or more
convention countries, the period of six months would be reckoned from the date on which
the earlier or earliest of those applications was made.
Although the recovery of damages for infringement of a trademark is possible only if the
infringement takes place after the date of filing application for registration with the concerned
trademark office in India, yet the deemed seniority in making application in home country
may entitle the applicant to initiate an action in India for injunction, delivery of impugned
labels and so on.
• A chairman
• A vice chairman
• Such number of other members as the Central Government may deem fit.
The jurisdiction power and authority of the Appellate Board may be exercised by Bench. A
Bench shall consist of one judicial member and one technical member and shall sit at such
place as the Central Government may by notification in the official Gazette specify.
A chairman, vice chairman and other member shall be appointed by president of India.
However, appointment of chairman after consultation with the chief justice of India.
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To protect the registered Trade Mark, the following remedies can be resorted to:-
1. Civil remedies,
2. Administrative remedies
3. Criminal proceedings,
TYPES OF RELIEFS
The plaintiff is entitled to the following reliefs both in an infringement and passing off action:
RANBAXY LABORATORIES LIMITED VS. ANAND PRASAD & 4 OTHERS 2004 (28) PTC
438 (IPAB)
The appellant was the registered proprietor of the mark 'FORTWIN' and had been using the
mark since 1975. The respondent applied for registration of the mark 'OSTWIN'. Both the
marks related to pharmaceutical compositions in respect of treatment of bones.
The appellant brought an action against the respondent stating that the mark is deceptively
similar. The IPAB held that the prefixes are 'FORT' and 'OST' while both the marks end with
the suffix 'WIN'. It was further held that since the rival goods are also pharmaceutical goods
it might lead to serious consequences due to deception or confusion in the minds of the
public. Hence on the possibility of harm being caused to common person the appeal was
allowed.
AMUL WINS TRADE MARK CASE IN GUJARAT HIGH COURT, (SEP 24, 2007)
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Amul has won the trade mark case in Gujarat High Court and no one else can use it.
The Registered owner of Amul had filed trade mark infringement cases, against two local
shop owners? Amul Chasmaghar and its partners and Amul Cut Piece Stores in the District
Court, Anand.
The District Court, Anand passed an order dated 25 April 2007, ruling that it was a clear
case of infringement and restrained the two from using the Amul trademark.
Amul Chasmaghar had challenged this interim injunction in the Gujarat High Court. The
Gujarat High Court ruled the decision in favour of Amul, terming the order passed by the trial
court as true, correct, legal and in consonance with the facts of the case, as well as in
accordance with the provisions of the Trade Marks Act 1999.
WARNER BROS. ENTERTAINMENT INC. & ANR V. HARINDER KOHLI & ORS.
In this case plaintiff had filed an application for grant of injunction for restraining the
defendants from releasing their film under trademark/title “HARI PUTTER” for infringing
plaintiff trade mark “HARRY POTTAR”.
BEECHAM GROUP PLC. VS. S.R.K. PHARMACEUTICALS 2004 (28) PTC391 (IPAB)
The appellant was using the mark 'AMOXIL' in India since 1990. This mark was registered in
India in 1972 in Class 5 in respect of Pharmaceutical goods. The respondent started using
the mark 'LYMOXYL' in India from 1985. The respondent filed the application for registration
of the mark in 1987 in India in the same class with respect to similar goods.
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The appellant brought an action against the respondent stating that the mark is deceptively
similar. The only difference between the two marks is in the prefix 'LY' and 'M'. The rival
marks are phonetically and deceptively similar and the goods are pharmaceutical goods
under Sec. 12(1) of the Act.
The Intellectual Property Appellate Board (IPAB) held that the respondent dishonestly
adopted the mark by copying it from the appellant who had got the mark registered long ago.
Hence the respondent cannot claim honest concurrent use, by virtue of earlier use. The
Appellate Board delivered a judgment prohibiting registration of the Trade Mark 'LYMOXYL'.
In conclusion it can be drawn that Indian Trade Mark Law must be updated on frequently
basis, keeping in pace with the dynamic and new methods of Trade Mark infringement. Both
Courts and Enforcement authorities must be well equipped and be trained for efficient
disposal of cases relating to Intellectual Property.
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COPYRIGHTS
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Drama
Literary
Artis
tic Softwar
e
Sound
recordings Music
X- Photogr
Films
Ray? aph
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©
CREATIVITY +
TECHNOLOGY
COPYRIGHT
‘Original’ means, that the work has not been copied from any other source
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to encourage authors, composers, artists and designers to create original works by
rewarding them with the exclusive right for a limited period to exploit the work for
monetary gain
It protects the writer or creator of the original work from the unauthorized
reproduction or exploitation of his materials
WHAT IS COPYRIGHT?
Copyright is a
There is no copyright in ideas. Copyright subsists only in the material form in which the ideas
are expressed.
Sound Records
Literary Works
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Advertisements Slogan
Advertising catch phrases entitled to copyright
For eg. “Yeh dil mange more” by Pepsi and “Yeh Dil Maange No More” by coca cola
Question Papers
Catalogues
Compilations
News
Letters
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Questionnaire
Lectures
Computer Programmes
Databases
DRAMATIC WORKS
MUSICAL WORKS
"Musical work" means a work consisting of music and includes any graphical notation of
such work but does not include any work or any action intended to be sung, spoken or
performed with the music
ARTISTIC WORK
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"Artistic work" means:-
CINEMATOGRAPH FILM
"cinematograph film" means any work of visual recording on any medium produced
through a process from which a moving image may be produced by any means and
includes a sound recording accompanying such visual recording and
"cinematograph" shall be construed as including any work produced by any process
analogous to cinematography including video films
Author is the producer
Feature film, Documentary, Video, TV film
SOUND RECORDING
"Sound recording" means a recording of sounds from which such sounds have been
produced regardless of the medium on which such recording is or the method by
which the sounds are produced
Author of sound recording is the producer
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C la sse s o f W o rk s S o u n d C i n e m a t o g r a p h i cC o m p u t e r
R ig h ts D r a m aMt i uc s i cAa rl t i s Rt i ce c o r d i Fn igl ms s L i t e r a Pr yr o g r a m m e s
R e p r o d u c ti o n
D istrib u tio n
A d a p ta ti o n
T ra n sla ti o n
C o m m u n ic a tio n
to th e P u b l i c
P e rfo rm in g
C in e m a
R e c o rd in g
B r o a d c a s ti n g
S e ll o r h ire
C o m m e rc ia l
R e n ta l
Allowed
Prohibited
Ideas or concepts
For eg. How to write a book for children regarding drawing pictures with charcoal
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FACTS OR INFORMATION
Government works
AUTHORSHIP
"Author" means:-
vi. In relation to any literary, dramatic, musical or artistic work which is computer-
generated, the person who causes the work to be created
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If an author creates a literary, dramatic or artistic work in the course of employment in
a newspaper, magazine etc., then the proprietor is the first owner in the absence of
an agreement to the contrary in the case of a literary, dramatic or artistic work.
In the case of any address or speech delivered in public, the person who has
delivered such address or speech and where it is delivered on behalf of another
person such other person ;
In the case of a work made or first published by or under the direction or control of
any public undertaking, such public undertaking;
In the case of a work made in the course of the author’s employment under a
contract of service or apprenticeship, the employer.
©
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to sell or give on hire, or offer for sale or hire, any copy of the computer programme
regardless of whether such copy has been sold or given on hire on earlier
occasions
to make a copy of the film, including a photograph of any image forming part thereof
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to sell or give on hire, or offer for sale or hire, any copy of the film, regardless of whether
such copy has been sold or given on hire on earlier occasions
to reproduce the work in any material form, including depiction in three dimensions of a
two dimensional work or in two dimensions of a three dimensional work,
to sell or give on hire, or offer for sale or hire, any copy of the sound
recording regardless of whether such copy has been sold or given on hire on earlier
occasions;
MORAL RIGHTS
RIGHT OF PATERNITY
The right of paternity refers to a right of an author to claim authorship of work and a right to
prevent all others from claiming authorship of his work.
RIGHT OF INTEGRITY
Right of integrity empowers the author to prevent distortion, mutilation or other alterations of
his work, or any other action in relation to said work, which would be prejudicial to his honour
or reputation.
Moral rights are available to the authors even after the economic rights are assigned.
The moral rights are independent of the author’s copyright and remains with him even
after assignment of the copyright.
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STATUTORY RIGHT
Licenses
“Exclusive licence”
A license which confers on the licencee and persons authorized by him, to the
exclusion of all other persons (including the owner of the copyright), any right
comprised in the copyright in the work.
When a right owner grants an exclusive right, he denudes himself of all the rights
and retains no claim on the economic rights so transferred.
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Assignment
If the period of assignment is not stated, it shall be deemed to be five years from the date
of assignment.
If the territorial extent of assignment of the rights is not specified, it shall be presumed to
extend within the whole of India.
If an assignee fails to make sufficient exercise of the rights assigned to him, then, the
Copyright Board may, on receipt of a complaint from the assignor and after holding
such inquiry as it may deem necessary, revoke such assignment.
If any dispute arises with respect to the assignment of any copyright the Copyright
Board may, on receipt of a complaint from the aggrieved party and after holding such
inquiry as it considers necessary, pass such order as it may deem fit including an order
for the recovery of any royalty payable
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FORMS AND FEES FOR REGISTRATION OF COPYRIGHT
B- Providing that in respect of literary or artistic work Rs. 400 per work which is used
or capable of being used in relation to any goods.
In order to qualify for copyrights the works apart from being original, should satisfy the
following conditions (except in the case of foreign works)
2. Where the work is first published outside India the author, at the date of publication must
be a citizen of India. If the publication was made after the authors' death the author must
have been at the time of his death a citizen of India.
3. In case of unpublished work the author is at the date of making the work a citizen of India
or domiciled in India.
Explanation: - In the case of a work of joint authorship the conditions conferring copyright
specified in this subsection shall be satisfied by all the authors of the work.
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2. Applicant to serve notice of his application to every person who has any interest in
the subject matter.
3. If the Registrar receives any objection he may after holding such inquiry as he deems
fit, enter such particulars of work in the register of copyright, which he considers
proper.
4. Registrar then sends copies of the entries made in the register to the parties
concerned
Registration formalities are simple and the paperwork is least. In case, the work has been
created by a person other than employee, it would be necessary to file with the application, a
copy of the assignment deed.
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When a work has been registered as unpublished and subsequently it is published, the
applicant may apply for changes in particulars entered in the Register of Copyright in Form V
with prescribed fee.
DURATION OF REGISTRATION
Cinematograph films, photographs and • 60 years from the end of the year in
computer programs which the work is made available to
the public or published
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granted by the owner of the copyright:
permits for profit any place to be used for the communication of the work to the
public where such communication constitutes an infringement of the copyright in the
work, unless he was not aware and had no reasonable ground for believing that
such communication to the public would be an infringement of copyright; or
When any person makes for sale or hire, or sells or lets for hire, or offers for sale
or hire, or exhibits in public for trade or import (except two copies other than
cinematography film or record for personal use) any infringing copies of the week
covered by copyright.
In General it is the commercial exploitation of the work in any form by a person without
authority that constitutes infringement.
Civil Remedies
Criminal Remedies
Period of limitation
The period of limitation for filing the suit is 3 (three) years from the date of the infringement.
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ON INFRINGEMENT OF COPYRIGHT
A copyright owner cannot enjoy his rights unless infringement of the same is stringently dealt
with by the Courts .The approach of the Indian Judiciary in this regard is very satisfactory.
o the Allahabad High Court held that if the petitioner publishes a book by adding any
word before or after the book “Bal Bharati”, he infringes the copyright of the
respondent.
o The Court observed that “Where the same idea is being developed in a different
manner, it is manifest that the source being common, similarities are bound to occur.
o In such a case, the Courts should determine whether or not the similarities are on
fundamental or substantial aspects of the mode of expression adopted in the
copyrighted work with some variations here and here.
o In other words, in order to be actionable the copy must be a substantial and material
one which at once leads to the conclusion that the defendant is guilty of the act of
piracy”.
o The similarity between the artistic work of the petitioners and the respondents are of
the fundamental and substantial aspects of the mode of expression, i.e. it is in a red
colour with black line and the design of the Natraj which would establish beyond
doubt that it is a copy of the petitioner’s work.
o The variation which had been pointed out are the minor variation in that the device of
natraj is in a particular shape and different in colour.
o It will be nothing but a literal imitation, All the dissimilarities are very minor to come to
a conclusion that they had been indicated only to meet the defence of infringement of
copyright
o Both on the ground of fact and on the basis of the decided cases the Artistic work are
copies of petitioners artistic work and as such they are not original works so as to
satisfy the test of registration in the register of copyright.
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o In the view of the population of the petitioners artistic works for nearly four decades
and the goodwill and sales achieved by them, a number of other manufacturer would
attempt to copy those artistic work in respect of their goods with the result that the
petitioners have to file a number of litigation in various fora.
A. Susiah v. Muniswamy
o The court held that assignment of any work to be valid should be in writing,
signed by the assignor or his authorized agent,
o Also that in a case of infringement of copyright in respect of literary work of
two joint authors, one of them who is aggrieved can maintain criminal action for
the offence.
o Plaintiff and defendants were carrying on the business together at one time using
trade mark “ELBEE” for the machinery manufactured by them there was
dissolution of partnership on 1-4-1985
o That the two brother carrying on independent business
o Infringement suit was based on a catalogue which actually was only a coloured
brochure having descriptive words, tables and photographs
o There was no reservation claim of copyright in the brochure in any recognized
method by mark (c) or expression “copyright reserved or copyright LAMBA
brothers Pvt. Ltd
o The court observed that there must be compliance with the requirements of the
statue and claim to copyright made upon the copyrightable material before any
action in copyright can be sustained and perfected by statutory remedies.
o The suit was dismissed
o Once the Original author of the book allowed these books to be published by the
university in their syllabus and university in its turn published these book as part
of syllabus prescribed for the students,
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o the matter went into the hands of the public and no copyright in the strict sense of
the term remained with the complainant
o It is open to any member of the public to publish a review or a criticism or a guide
to these books, which having been published by the University became more or
less public property
o Thus the criminal case under section 53 against the author and publisher of notes
on the books prescribed by the university was found to be not maintainable
The question to be decided was whether showing a video film over a cable T.V. Network
amounted to infringement or not The Court held as under, the video film may be watched by
a large section of the public in the privacy of their homes but this does not make it a private
communication so as to take it out of the definition of broadcast under section 2(dd) of the
copyright Act,1957. The viewers of cable TV Network are a portion of public and they cannot
be considered domestic viewers of the owner of copyright and they in fact pay the cable T.V.
Network company for watching the film Showing films over cable T.V. without proper
authorization amounts to infringing of copyright.
The defendant had purchased the song-lyric from the Plaintiff the author of the song.
When the song was included in a film they ascribed the authorship of the song to a third
party It was held that there existed an implied contract that the defendants would not give
screen credit to anyone other than the author of the song and that the author of the song
and that the plaintiff was rightly entitled to damages
INTENTION TO USE
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RIGHTS
Copyright gives the owner the exclusive right to make and distribute copies, or perform a
work, or make derivative works, depending upon the type of creative work it is. BUT;
Trademark provides an individualized right to use a distinctive mark, sound, color, word,
design, etc, to indicate a particular source and quality of branded goods or services.
INFRINGEMENT OF RIGHT
In case of Copyright, exclusive right of the owner is infringed when someone violates those
rights, such as by making illegal copies. BUT;
In case of trademark the individualized right is infringed when someone uses the brand to
falsely indicate or suggest goods or services came from the rightful brand owner, and not the
knock-off producer.
You would infringe the copyright by using "MICKEY" in your own cartoons;
you would infringe the trademark by putting MICKEY's picture on the package.
HOWEVER, there may be occasions when both copyright and trademark protections are
desired with respect to the same business endeavour.
For example, a marketing campaign for a new product may introduce a new slogan for use
with the product, which also appears in advertisements for the product.
The Copyright and trademark Law’s protection will cover different things.
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The advertisement's text and graphics, as published in a particular vehicle, will be covered
by copyright - but this will not protect the slogan as such.
The slogan may be protected by trademark law, but this will not cover the rest of the
advertisement. If you want both forms of protection, you will have to perform both types of
registration.
Patent
Patent is the limited right granted by the state to an inventor in respect of an invention to
exclude any other person from practicing the invention.
Inventions in all fields of technology, whether products or processes provided they fulfill
certain conditions
(Cow Urine Therapy and all traditional practices from Indian Systems of Medicine have a
strong scientific base)
THE U.S. Patent Office (USPTO) grants thousands of patents every week, and yet, the U.S.
Patent, 6410059, titled "Pharmaceutical Compositions containing Cow urine Distillate and An
Antibiotic" issued to S.P.S. Kanuja and 13 others and assigned to the Council of Scientific
And Industrial Research (CSIR), attracted global attention. The Minister For uScience And
Technology, Government of India, at a Press Conference, said that the U.S. Patent made
him realise that all traditional practices from Indian Systems of Medicine have a strong
scientific base.
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Ashtangahridaya and the Samhitas.
Combining the so-called cow urine distillate (the term distillate itself is a misnomer, since the
material used is the residue, not the distillate), with antibiotics, is no exception. Combining
this material in liquid or lyophilised powder form with modern drugs is irrational, since we do
not know anything about the relative bioavailability and pharmacokinetics of the
components. In-vitro experiments alone have little relevance, since activity in-vivo, largely
depends on plasma levels, which in turn are related to serum binding properties and
absorption. The bio-enhancers known today, including Piperine, generally affect
metabolising enzymes which are specific and which are stimulated (when the metabolite is
the active moiety) or inhibited (when the intact molecule is the active species). It is not to say
that mammalian urine does not contain useful constituents; in fact ACTH was isolated from
pregnant female urine, other constituents include various enzymes, amino acids and
Erythropoetin.
A statement has been made that the grant of a U.S. Patent has given the ultimate stamp of
approval for Indian Systems of Medicine and vindicates them, since they have been tested
by modern scientific methods. The grant of a U.S. Patent or any other patent, for that matter,
does not guarantee the validity of the scientific evidence presented or even the validity of the
patent itself. That is the reason why the validity of a patent can be challenged at any time
during the entire life of the patent. We, ourselves have the experience of the Turmeric patent
revoked through efforts of CSIR.
While we do need to take into account the results of experiments carried out on cow urine
`distillate', neither the reported experiments nor the grant of the U.S. patent vindicates the
use of cow urine as a bio-enhancer. Much more needs to be done before we can even
consider its potential utility. In the meanwhile, care should be taken to see that the results
published or the patent granted do not lead to proliferation of quack medicine using cow
urine, claiming legitimacy from the traditional or modern systems of medicine, let alone the
U.S. patent.
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INDUSTRIAL DESIGN
Industrial Design is the ornamental or aesthetic aspect of a useful article of industry. The
aspect that gives special appearance to a product of industry.
Geographical Indications
Characteristics of GI
Trade Secrets
Trade Secret is the best, that has been kept secret till date.Some inventions, data,
information cannot be protected by any of the available means of IPRs. Such information is
held confidential as a trade secret.
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• When invention is not covered under any available protection under IPR
• IPR protection is limited to defined number of years, trade secrets have no definite
life
CONCLUSION
IPRs are valuable and they help in grooming the economic conditions of the country
only if they are well protected & enforced and the World is surely moving towards it.
The project has tackled to explain in detail the logical and practical meaning and scope of
Intellectual Property. The procedure of registration of any form of IPR had been simplified
and friendly explained here. These issues by developing an IPR consisting of documents
Providing guidance and advice on copyright as well as links to relevant work produced by
Other projects and sample documentation.
The specific issues tackled in the documents were identified from a survey of existing
repository copyright advice documentation combined with substantial input from project
partners.
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A particularly innovative feature of the project’s IPR work has been the need to tackle the
variation in copyright laws across the eight European countries represented by the project
partners and how to provide effective copyright advice which is both sufficiently generic to be
widely applicable but which also deals with the specifics of different legal systems. This has
been achieved by partners identifying a legal or copyright expert in each jurisdiction who is
prepared to review and comment on the documentation provided by the Toolkit and provide
advice on the details of their own copyright system to project partners.
"It is estimated that by 2010, as much as 90% of the value of the world's top 2000
enterprises will consist of intellectual property".
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