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GROWING AWARENESS ECLIPSE OF NATIONAL BOUNDARIES HARMONISATION OF LAWS THE NEXT ECONOMY OF IDEAS
What Is WTO ?
Int. body dealing with rules of trade bet. Nations governed by the agreements signed between nations
agreement on harmonizing commercial laws Basic Principles : - Non-discrimination between countries - Non-discrimination within a country - Gradual movement towards Free Trade - Predictability - Promoting Competition
INDUSTRIAL DESIGNS
GEOGRAPHICAL INDICATIONS
INTEGRATED CIRCUITS
UNDISCLOSED INFORMATION
a mark used or proposed to be used in relation to goods for the purpose of indicating a connection in the course of trade between the goods and some person having the right to use the mark
FUNCTIONS OF A TRADEMARK
Traditional Role
distinguish the products of one manufacturer from those of another indicate the source or origin of the goods represent the goodwill of the manufacturer
to use
to prevent others from using similar or deceptively similar marks protection also extended to related classes statutory protection
PASSING OFF
UNREGISTERED TRADEMARK IS A TORT FRAUDULENT INTENTION IS NOT NECESSARY MISREPRESENTATION NEED NOT BE DIRECT BUT MUST BE MADE TO PROSPECTIVE CUSTOMER INJURY - A FORESEEABLE CONSEQUENCE ACTUAL DAMAGE / QUIA TIMET ACTION KODAK V/S KODAK LEGO V/S LEGO IRRIGATION
CASES :
Service Marks
Marks Which Are Capable Of Distinguishing Services New Provision - 1999 TMA
COPYRIGHT
MEANING OF COPYRIGHT : Right To reproduce the work ( incl. Storing ) issue copies of the work perform work in public communicate the work to the public make translation make adaptation sell or give on hire
COPYRIGHT
Copyright subsists in original
literary, dramatic, musical & artistic works cinematographic films sound recordings which are either first published in India, ..
COPYRIGHTS
Range Of Copyright Protection
Product Packaging Paintings Drawings ( maps,..) Photographs Computer Software Computer databases
Scenic Arrangement Sculpture Engravings Architectural Works Research Papers Choreographic work
COPYRIGHTS
Some Important Concepts : No Copyright in ideas, themes,principles Artistic Quality ? Copyright subsists in an identical work Rule : Creation must be independent Term Of the Copyright : Life + 60 years Authors Moral Rights Registration Of Copyright not a pre-requisite Fair Dealing, Back-ups, Educational purposes
Designs Act
A registered design includes features of shape, configuration, pattern, ornament or composition of lines or colours,
Applied to any article either in two or three dimensions or in both forms by any industrial process which in the finished article appeal to and are judged by the eye.
Geographical Indications
Protection Given To :
indications which identify goods as originating from/manufactured in a particular territory where a given quality, reputation or other characteristics of the goods is essentially attributable to that region
Objective : Customers must not be misled Marking must not mislead No Dilution Economic prosperity Darjeeling Tea Basmati Rice Paithani Saris Kolhapuri Chappals Scotch Whisky Rockford Cheese Champagne
Features Of A G I Statute : No individual ownership Ownership by association of persons Registration Validity : 10 years No assignment , licensing or mortgage Unauthorised use has Civil / Criminal liab. Importance of a G I statute : Under Trips, protection only if reciprocal protection Currently no specific Law in Force
TRADE SECRETS
any
Patent Exclusivity: Disclosure Ownership : by State Duration : limited Applies to Inventions Only Enforced also against innocent infringers