-Confers a bundle of exclusive rights in

relation to the particular form of manner in

which idea are expressed.
 IPR

TRADEMARK
PATENTS
GEOGRAPHICAL INDICATIONS
DESIGNS
COPYRIGHT
TYPES OF PROPERTY

Real Property,E.g.( Land)

Personal Property, E.g.(Buildings, cars
etc..)
Intellectual Property, E.g.(artistic
creations, inventions etc)
Concept of IPR

Person is entitled to possess

fruits of his labour

Property in intellectual
property is the product of
HUMAN INTELLECT.
An overview of Trade
Mark Law
TRADEMARKS

6
Trademarks.
 What is a Trade Mark?

Trademark is a mark capable of being

represented graphically and should also
distinguish the goods and services of one
person from another.

Mark can be design, device, letter, invented

word, brand, signature etc.
 Functions of a Trade Mark

1. Identifies the product and its origin

2. Guarantees its unchanged quality
3. Advertises the product
4. Identify one sellers goods and distinguish
them from goods sold by others
5. A symbol representing the goodwill of the
business
Salient Changes of 1999 Act

SERVICE MARKS(Retail, transport,

education)
WELL KNOWN MARK( COLGATE)
COLLECTIVE MARKS(Textile association
etc)
SINGLE APPLICATIONS
DURATION OF THE REGISTERATION(10
years)
 Who can apply for a trade
mark?
Any Proprietor can apply for a registration of
the Trademark.

Any person can apply in his name for

subsequent assignment of the registration in
the companys favour.
 Why should you Register a
trade mark?
Ensures exclusive right to use the mark to the
owner
Identifies the source of goods
Evidence of ownership
Offers license and franchise
Serves as a notice to the Public
Modes to acquire trade mark

I) By Use
A person who uses the mark first can prevent
subsequent users from using the same mark.
II) By registration of the Mark
An exclusive right is acquired on a mark by way
of registration of the Trademark.
 Process of registration in
India
SEARCH
FILING
EXAMINATION
PUBLICATION
OPPOSITION
REGISTERATION
 Grounds for refusal of
registration
ABSOLUTE GROUNDS
Mark which are deceiving and confusing
Hurt religious sentiments
Scandalous or obscene matter
RELATIVE GROUNDS
Identical to earlier Trademark
Similarity of to an earlier Trademark
 Information required

o Name of the Trademark or Service mark

o Full names, Addresses ,Nationality of the
Proprietor/partners of the applicant firm
o Date of first use of the Trademark or service
mark in India.
o List of goods/services and classes or
services .
 Different ways to protect a
trade mark
Registration
Infringment Action
Passing Off Action
Criminal Action
 Action for infringement

Affixation of registered Trademarks

Sale of goods under the registered
Trademarks
Imports or Exports goods under the
registered mark.
 Action for passing off

Marks of a good is identical or deceptively

similar
Mark is likely to cause confusion among
public
Burden of Proof is more on the plaintiff.
CASE LAWS

Durga Dutt Sharma v. Navaratna Pharmaceutical

Laboratories (AIR 1965 SC 1980)

NAVARATNA
PHARMACEUTICAL NAVARATNA KALP
LABORATORIES

PLAINTIFF DEFENDANTS
2.

Bajaj Electrical Limited, Bombay v Metals and

Allied Products Bombay and Another,
(AIR 1988 Bom 167)
Trademark used by both plaintiff and
defendant was :

BAJAJ
 Remedies

INJUNCTION
DAMAGES
AN ACCOUNT OF PROFITS
AN ORDER FOR DELIVERY UP OF THE
OFFENDING LABELS AND MARKS OF
DESTRUCTION
 Patent Law

Patent is a MONOPOLY RIGHT granted to a

person who has
1. Invented a new and useful article.
2. Improvement of existing article
3. A new process of making the article
Patents
 Procedure for obtaining a
patent
WHO MAY APPLY?
Any person claiming to be the true
and first inventor of the invention.
An assignee
Legal Representative
Types of patent

Product Patent invention of a new product

Process Patent invention of a new process
 Rights of a patentee

Exploit the patent commercially

Assign the patent to others for any
consideration
Surrender the Patent
 Obligations of a patentee

A patentee is required to work to his fullest

on the patented invention on a commercial
scale without any undue delay.
 Infringement of a patent

Violation of exclusive rights of the patentee

by selling or distributing the invention in India
by others.
 Geographical Indications

Geographical Indication helps the consumers

in identifying the place of origin of goods.
What is GI?
Many goods possess their peculiar properties due to their geographical
origin.
GI is the best method to indicate the geographical origin of goods and
services.
Many agricultural products (tea, rice); dairy products (cheese), wines and
spirits (Champagne) owe their special quality and reputation to their
geographical place of growth or processing.
Protection of GI
GI is not owned by a single owner
Any producer in the region can use the GI on the product provided it is
prepared by the norms set out for the use of that GI.
GI is registered in the national register and is similar to the certification
mark identifying the origin of the good.
Govt. can register GI in the international register maintained by WIPO for
world wide protection.
It is an offence to use false GI on goods.

38
Geographical Indications
Prohibition on registration

1. The use of which is likely to deceive

2. The use of which would be contrary to any
law
3. comprising of any matter which is likely to
hurt
4. obscene matter
5.Generic names
6.False representation
Designs
Industrial Designs

42
 Design

Expressing a mental conception in a physical

form is designing .
Governing Act of Design is the Designs
Act,2000.
Design means only the features of shape,
configuration, pattern,ornament or
composition of lines or colours applied
Prohibition on registration of
design
Designs which are not new or original
Incapable of distinguishing from known
designs or combination of designs.
Comprising of scandalous matter
 Copyright Law

Copyright is a negative right

Prohibition of any person from reproducing
or copying any literary, dramatic, musical or
artistic work.
Copyright

47
 Works" entitled for
protection
Original literary, dramatic, musical and
artistic works
Cinematograph films
Sound recordings
 Term of copyright

Published literary, dramatic, musical and

artistic work
- 60 years
- Photography 60 years
- Cinematograph films and sound recordings
60 years
 Registration of copyright

Registration of copyright is optional and is

not a condition for acquiring a copyright.
Registration can be taken as a Prima Facie
evidence of the particular.
Case study:- Trademark protection
for the design and layout of retail
stores
Apple applied for trademark protection
in the United States for the interior
design of its retail stores back in May
2010, long before the recent rash in the
United States and elsewhere
throughout the world of so-called
copycat stores featuring the same
color combinations, furniture layout,
window features, and "genius bar" help
desk featured in Apple Stores.
 Infringement of copyright

Copyright in a work is infringed when any

person without a lisense granted by the
owner of the copyright:
1. does anything to the prejudice of the
exclusive right of the owner of the copyright.
2. communication to the public about the
work.
 Remedies

1.Injunction
2.Damages
3.Accounts for profit
Traditional Knowledge
 TK Explained

Traditional knowledge (TK) is a collectively

owned property and is integral to the cultural or
spiritual identity of the social group in which it
operates and is preserved.
India does not have any specific legislation for
protecting traditional knowledge
Various other legislations like Patents Act,
Biological Diversity Act , GI Act etc can be
utilized for protecting TK.
Importance of Intellectual Property Act in Indian Retail

The new technologies and information storage technologies permit

unauthorized copying to take place faster and more efficiently.
Government of India to Industry representatives at the National Retail
Summit 2010- ''Modern Retail: Towards Sustainable Growth and Profitability''
organized by Confederation of Indian Industry (CII) in Mumbai.
New products, brands and creative designs appear almost daily in the market
and are the result of continuous human innovation and creativity.
CII realizing the importance of IPR as the key differentiator for industrial
competitiveness institutionalized a dedicated department manned by
domain experts & professionals more than a decade back.
The overall objective of CII's initiatives in IPR is to enhance competitiveness
of Industry through wealth creation through IPR.
The primary focus of the initiative is to take policy initiatives, awareness
creation, Capacity Development,IPR Services, international networking and
also combating the menace of counterfeiting & piracy.

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THANK YOU