Intellectual Property Rights

Intellectual Property
Intellectual property refers to creations of the mind: inventions; literary and artistic works; and symbols, names, images & designs used in commerce.

Industrial Property Rights

The right to prevent others from using manufacturing distributing products processes applications trade names geographical names ideas designs

Intellectual Property Rights

IP is divided into two categories: Industrial property & Copyrights. Patents
Trade marks Geographical Indication Industrial designs Copyrights

Why promote and protect Intellectual Property?

To create and invent new works in the areas of technology and culture. Encourages the commitment of additional resources for further innovation. Leads to economic growth, creates new jobs and industries, and enhances the quality and enjoyment of life.

How does the average person benefit?

Researchers and inventors would have little incentive to continue producing better and more efficient products for consumers. Consumers would have no means to confidently buy products or services without reliable, international trademark protection. Recording, publishing and software industries would not exist without copyright protection.

What is a Patent?
The right to exclusively produce, use and/or market a product, process or application. A patent provides patent owners with protection for their inventions. Protection is granted for a limited period, generally 20 years.

 A Patent gives an inventor the right for a limited period of time to stop others from making, using, selling or importing the patented invention without the permission of the inventor. That is why a patent is called a "negative right". Patents are generally concerned with functional and technical aspects of products and processes and must fulfill specific conditions to be granted. Most patents are for incremental improvements in known technology - evolution rather than revolution. The technology does not have to be complex. Patent rights are territorial; an Indian patent does not confer any rights outside India. Patent rights last for 20 years in India and also in most countries outside India. Depending on where you wish your patent to be in effect, you must apply to the appropriate body. In India, it is The Indian Patent Office. There are various Patent Offices around the world. Alternatively, a Patent Agent can apply on your behalf.

What is a trademark?
A trademark is a distinctive sign that identifies certain goods or services produced or provided by an individual or a company. The system helps consumers to identify and purchase a product or service based on whether its specific characteristics and quality.

Trade marks
Name Logotype Symbol

Slogan
Shape Color

 It also gives moral rights to be identified as the creator of certain kinds of material and to object to its distortion or its mutilation. (Material protected by copyright is termed as "work"). Copyright does not protect ideas, names or titles.
The purpose of Copyright law in India is to allow Copyright registrants to gain economic rewards for their efforts and to encourage future creativity and the development of new material which benefits everyone. Copyright material is usually the result of creative skills and/or significant labour and/or investment, and without protection, it would often be very easy for others to exploit material without paying the creator.

 Most uses of Copyright material therefore require permission from the Copyright owner. However there are certain exceptions where some minor uses may not result in Copyright infringement. Copyright protection is automatic as soon as there is a record in any form of the material that has been created. There is a provision to register the Copyright under the Indian Copyright Act, although this is voluntary

What is an Industrial Design?

An industrial design refers to the ornamental or aesthetic aspects of an article. A design may consist of three-dimensional features, such as the shape or surface of an article, or two-dimensional features, such as patterns, lines or color. Applied to technical and medical instruments, watches, jewelry, house wares, electrical appliances, vehicles, architectural structures, textile designs, etc

In India, Designs are protected by two legal rights:

Registered Designs and Artistic Copyright Design registration in India gives the owner a monopoly on his or her product, i.e. the right for a limited period to stop others from making, using or selling the product without their permission and is additional to any Copyright protection that may exist automatically in the design

What is a Geographical Indication?

A geographical indication is a sign used on goods that have a specific geographical origin and possess qualities or a reputation due to that place of origin. They may highlight specific qualities of a product due to specific manufacturing skills used in the place of origin.

 A Geographical Indications Registry has been established in Chennai for the purpose of administering the legislation. Appeal against the Registrar's decision would be to the Intellectual Property Appellate Board established under the Trade Marks legislation. The legislation is administered through the Geographical Indications Registry under the overall charge of the Controller General of Patents, Designs and Trademarks. This Act, along with the Geographical Indications of Goods (Registration and Protection) Rules, 2002 came into force on September 15, 2003.

Significance Registration

of

Geographical

Indication

Such identification enables the product to gain a reputation and goodwill all over the world, consequently resulting in premium prices in national and international markets. Recognition of a particular commodity as a Geographical Indication also confers the right to protection under the Geographical Indication Act, 1999, thereby preventing an unauthorized use of the commodity registered as GI by any third party.
Geographical Indication registration encourages community ownership and therefore it helps in proper distribution of the economic benefits accrued from commercialization of the commodity across a wider section of people in that territory.

What are Copyright and Related Rights?

Copyright laws grant authors, artists and other creators, protection for their literary and artistic creations. It includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs.

Related Rights
A closely associated field is related rights or rights related to copyright but are of limited and of shorter duration.

Duration of protection

YEARS

RENEWABLE

Patents
Trade marks Designs Copyright

20
6-10 6-10 70 after death

No
Yes Yes No

IRP Protection in Indiaorganizational structure

Ministry of Industry & Commerce

Office of the Controller General of Patents, Designs And Trademarks

Designs wing (Kolkatta)

Patent office ( Kolkatta, Delhi, Mumbai, Chennai)

Trade Marks Registry ( Kolkatta, Delhi, Mumbai, Ahmedabad Chennai)

Geographical Indications Registry ( Chennai)

Patent Information Service ( Nagpur)

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 perfume 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."

The Court ruled that the perfume, called Timmy Holedigger, could not under any circumstance be confused with Tommy Hilfiger perfume, 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.

Thank You