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Presented by
Sakshi Agarwal Sakshi Bahuguna Sakshi Saxena Sakshi Rani Aggrawal Sakshi Pahwa
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 Intellectual property is a term referring to a no. of distinct

types of creation of mind for the protection of which certain exclusive rights are recognized.
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IPR
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The trips agreement

The agreement on trade related aspects of

intellectual property rights (TRIPS) is an international agreement administered by the WTO. forms of intellectual property.

It sets down the minimum standards for many It was negotiated at the end of the Uruguay round

of the general agreement on tariffs and trade (GATT) in 1994.

The Trips agreement introduced intellectual

property law into the international trading system for the first time and remains the most comprehensive international agreement on IP till date.

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What is infringement??
Infringement is a term used in IP law and is used to describe violation of intellectual property rights .it involves using of intellectual property of other party without permission.

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Click to edit Master subtitle style

PATENT S

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WHAT IS A patent in a territory grants its holder the exclusive PATENT?? right
-to make use of an invention in the territory for a limited time -by stopping others from the unauthorized (a)production (b)use (c)selling or (d)importing of the invention.
The term of the patent is usually 20 years from the 9/21/12

Procedure for registration

Filling an application for patent and providing with

sample or detailed specification.

Examination of patent application by patent office. Application acceptance and publishing it in official

gazette. patent.

Ruling out the opposition, if any, to the grant of a Sealing of the patent.

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What is patentable??
There is general recognition that a patent should only be granted for an invention that
Is new Involves an inventive step Industrially applicable

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What is not patentable??

Any invention adversely affecting public

health or is contradictory to the moral laws.

Inventions relating to atomic energy. Algorithms, mathematical and business

models cannot be patented.

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Case of Bajaj auto ltd. V/s TVs motor co. ltd.

BAJAJ AUTO LTD. Claimed that TVS MOTOR

COMPANY is using their DTS-I technology . This technology was invented by Bajaj.

The verdict:-

The court ordered that Tvs shall not receive any further booking for Tvs Flame containing the disputed engine technology patent.

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trademark

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WHAT IS A trademark is typically a name, word, TRADEMARK?? or a combination phrase,logo,symbol, design, image,
of these elements
A trademark may be designated by the following

symbols:
TM(for anunregistered trade mark, that is, a mark

used to promote or brand goods)

SM(for an unregisteredservice mark, that is, a mark

used to promote or brand services)

(for a registered trademark or service mark)

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What is COVERED UNDER TRADEMARK??

A trademark is a mark used in relation to goods or

services so as to indicate a connection in the course of trade between the goods or services and some person having the right as proprietor to use the mark.

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FUNCTIONS OF TRADEMARK
It identifies the goods / or services and its origin. It guarantees its unchanged quality It advertises the goods/services It creates an image for the goods/ services.

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PROCEDURE FOR REGISTRATION

filing of a request in the prescribed manner and paying

the requisite fee.

The application, is examined by the Registrar on the

basis of the data concerning the earlier registered marks or pending applications.
The Registrar may accept the application to proceed for

publication or direct the same to proceed for publication before acceptance.

Term of registration is 10 years. 9/21/12

EXAMPLE OF FAKE TRADEMARK FAKE ADIDAS SHOE GENUINE ADIDAS

SHOE

FAKE 9/21/12

GENUIN

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t h ig r y p o c
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What is copyright??
Copyright is a legal concept, enacted by
most governments, giving the creator of an original workexclusive rights to it, usually for a limited time.

Its an intellectual property form applicable to any expressible form of an idea or information that is substantive or discrete.
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Procedure

An application with form and 4 copies of work along with prescribed fees at copyright office of department of education, New Delhi. Provides a filing no. and filing date and issues a filing receipt. Examination of application. All the defects will be communicated to the applicant. Once the application found to be in order it is accepted and the copyright office issues registration certificate.

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What can be copyrighted??

Original literary, musical ,dramatic and artistic work

Cinematograph films Sound recordings

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Length of copyright

The default length of copyright is the life of the author plus 60 years from the end of year in which author dies. Cinematograph films, photographs and computer programs are protected for 60 years from the end of year in which the work is made available to public with consent of owner. Sound recorded from the end of year in which recording is first published protected for 60 years.

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Copyright infringement cases on rise in Bollywood

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Date January 2012

Bollywood Flicks
Agneepath

Why
Chikni chameli Song is copied from a marathi songkombadi padali Storyline is copied from the Tamil movie naan avan liiai Registration of Title of Movie Concept of Superhero " One" is copied

December 2011 November 2011

Ladies Vs. Ricky Bahl

Desi Boyz

October 2011

Ra.One

August 2011
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Jail

Story Taken fromGunahon ka devta

INDUSTRIA L DESIGN
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What is industrial design??

Creation and development

of concepts and specifications aimed at optimizing the functions, value, and appearance of products, structures, and 9/21/12

Importance of industrial design

It make the product attractive and appealing to the

eye.
Increases the marketability and fair return on

investment.
Promote fair competition and honest trade

practices.

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Protection of industrial design

Design shall fulfill certain requirement for registration: It should be appealing the eye. It should be new and original. It should be Capable of being applied to industrial

articles.
It should be not published or existing in society.
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Procedure of industrial design

Filling an Application by the author of design with

payment of official fees.

Then the Examination of the design by controller

general is done.
If the design is found to be new and original. The term of this design is 10 year which is renewable

for another 5 year.

Publication of registered design 9/21/12

Cancellation of registration
Registration can also be cancelled to following grounds: When the design is not new and original. When design is previously registered in India. When an design is not registrable under the

design act.
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Geographical indicators
Geographical indicators are those which identify

the good being produced in a particular territory, and it derives its unique quality , reputation and other characteristics due to that geographical origin.

The indication may be a name, mark or any other

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used to represent the goods

Basmati rice
The Indian Geographical Indicator

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Basmati Rice is traditionally grown in Punjab , Sindh region of India and Pakistan . Its Geographic location guarantees a special quality, size and flavour to the rice. But an American company RICE TECH INC ,obtained a patent from the US patent office in 1997 to sell it as AMERICAN BASMATI . They modified the variety ,and claimed it as TAXMATI grown in the US.

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REGISTRATIO N or producers or any other Any association of persons

organization representing the interest of the producers of the concerned goods , who are desirous of registering a GEOGRAPHICAL INDICATOR for the good, shall have to apply in writing to the registrar and pay the necessary fees, in the prescribed manner.

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TRADE SECRET

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WHAT IS TRADE SECRET?? to as business related A TRADE SECRET is referred

information which has got certain commercial value and provides competitive advantage to the owner , so it needs to be kept confidential so as to enjoy the status of a trade secret.

A TRADE SECRET never expires . This factor makes it

different from other forms of IPR.

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ESSENTIAL FOR TRADE SECRET

The information should have a commercial value. It should be kept secret and the owner should have

taken reasonable steps to protect it.

It should provide the owner a competitive edge over

the other competitors.

The information should be scarce , limited and not

publicly available.
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A case of trade secret

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The formula for making Coca Cola is a trade secret.It is known only to a few select people within the company and the company takes special precautions to protect it. The original formula for making Coca Cola was patented in 1893. But when the formula was changed, the company did not choose to patent the formula again.

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REFERENCE Dr.Sreenivasulu ,N.S (2007),Intellectual Property S Rights , Regal Publications, New Delhi

Narendranath,K.G(2003)Geographical Indicators ,available at http://articles.economictimes.indiatimes.com/keyword/ge ,accessed on 14/2/2012. Pyar To Hona Hi Tha (1998),directed by Anees Bazmee,Mumbai. Chakraborty.D(2001), copyright violation cases,available at http://articles.timesofindia.indiatimes.com/2001-10-10/ko ,accessed on 22/02/2012 Chandran.P (2003),industrial design cases, available at http://en.wikipedia.org/wiki/Industrial_design 9/21/12 ,accessed on 20/02/2012

References for laws relating to ipr

Agarwal &Co.(2009) Procedure of Patent in India, available at

http://www.hg.org/article.asp?id=6154,accessed on 16/02/2012.
Kutty.G(2003) Copyright in India: Law & Procedure,available at

http://ezinearticles.com/?Copyright-in-India:-Law-and-Procedure&id=

Agarwal &Co.(2006) Trademark Application Process available at

http://www.indianlegalconsultants.com/trademark-application-proce

Mishra.A,(2004) Law on Geographical Indicators ,available at

http://newdelhi.usembassy.gov/iprgeoind.html

http://www.indianindustry.com/intellectual-property-rights/industria business.gov.in/legal_aspects/industrial_design.php
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