Professional Documents
Culture Documents
Patents
Property:
Intellectual Property
Trademark
it Can write at any place along with the word, No strict placement rule
exists.
Letters and words:
A word or other groupings of letters is the most common type of mark.
Examples include:
APPLE
GOOGLE
COCA-COLA
IBM
Pictures or drawings:
Pictures or drawings of a character or scene are often
used as trademarks or service marks.
Combination:
A trademark might be a combination of letters and a
design, such as:
Slogans
Slogans from advertising campaigns are also used as
trademarks. Example slogans which have strong trademark
rights attached to them are:
Sound marks
Nokia
Yahoo yodel
Smell
Plumeria scent in US in 1990.
Term: initial registration is for 10 years, but can be
renewed indefinitely.
Registration: trade mark registry having its head office at
Mumbai.
details at www.ipindia.nic.in-->Trademarks
Relevant ministry in India: Ministry of commerce and
industry.
Service Mark
Airtel
KFC
SBI
Copy right:
copy rights are a set of exclusive rights granted by law to the
creators and producers of form of creative expressions such as
literary, musical and cinematographic works.
Books, songs, plays, jewelry, movies, sculptors, paintings
and choreographic works are all protectable.
An original work which is protected by copyright bears the
symbol .
The best forms of copyrights are authored and edited books,
or audio and video cassettes, which cannot be reproduced
without the permission of the person (author, editor or
publisher) who holds the copyright.
Copy right:
Incase of patents and trade secrets, protection of the basic idea
authors death.
Registration: registration of copyrights, New Delhi.
www.copyright.gov.in
Relevant Ministry in India: Ministry of Human Resource
Development.
Examples
Patent
Patent
Design patents
Trade secret
A trade secret consists of any valuable business
information that, if known by a competitor, would afford
the competitor some benefit or advantage.
A classic example of a trade secret is the formula for the
soft drink Coca-Cola.
No registration.
No time limit.
No Territorial limits.
No fee.
Registration: India at present does not have any law to
protect undisclosed information. However, WTO regulations
require member countries to protect trade secrets.
International Bodies
WIPO
Madrid Protocol
Paris convention
It was designed to address trademark protection in
foreign countries in 1883
It was adopted to facilitate international patent and
trademark protection
It is based on the principle of reciprocity so that foreign
trademark and patent owners may obtain in a member
country the same legal protection for their marks and
patents as can citizens of those member countries.
It is administered by WIPO.
Evolutionary Past:
The historical background of IP is divided into two periods.
1. Ancient Times
2. Modern Times
Ancient times:
Evolutionary Past:
In 1474, there was IP existed in Venice a decree (order of
law) on the protection of inventions.
The first English patent was granted to Giocopo Acotio in
1565 for a new type of furnace.
In 1594 Galileo was granted a venetian patent for an
irrigation machine.
There are even records of actions taken by jeweller named
Cludio vom creutz in nuremberg between 1593 and 1604 for
violation of his patent rights relating to polishing of
gemstones. The infringer was imprisoned, had to pay
penalty by way of costs and was banished from the city.
Evolutionary Past:
Modern times:
modern patents originated in Europe where European
sovereigns commonly awarded letters patent to favoured
inventors.
In the modern times,
The first patent was granted in North America by the
Massachusetts General Court to Samuel Winslow in 1641 for
a novel method of making salt.
George Washington signed the first united states patent Grant
on July 31, 1790.
The first U.S. patent laws were enacted by congress in 1790
as part of the constitution.
Evolutionary Past:
Patent system in India was introduced by British Government
in 1856.
The Indian patent and Designs Act, 1911 (2 of 1911) first
enacted under the management of controller of patents with a
patent term of 14 years.
Initially, the patent Act, provided a term of 7 years for
pharmaceutical, agro chemical and food products and 16
years for other categories.
The patent Act (39 of 1970) came into force on 20th April
1972.