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TRADEMARKS & COPYRIGHTS
Presented by:
Meet Buch(18)
Mrinal Banerji(21)Pradyumna Swain(27)
Shivam Awasthi(36)
Satwik Kabisatpathy(41)
Swagat Mahapatra(50)
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Intellectualproperty
Industrialproperty
Patents Designs TradeMarks
GeographicalIndications
Copyright
HIERARCHY..
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TRADEMARKS..
According to the CGPDT A trade mark (popularly known as
brand name) in layman's language is a visual symbol which
may be a word signature, name, device, label, numerals or
combination of colors used by one undertaking on goods or
services or other articles of commerce to distinguish it fromother similar goods or services originating from a different
undertaking.
TM
SM
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FUNCTIONS..
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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TRADEMARK BILL 1999..
Trade mark shall now include services as well. All 42 international
classifications of goods will be applicable in India. Thus service
providers will be able to register their service marks.
The period of registration has been enhanced from 7 years to 10
years.
Well known trade mark can be protected.
The new Act will empower courts to pass ex-parte injunction orders or
other interlocutory orders for (a) discovery of documents, (b)
preserving the infringing goods, documents or other evidence, and (c)restraining the offender from disposing off or dealing with his assets
in a manner which may adversely affect the plaintiffs ability to
recover damages, costs or other pecuniary remedies.
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TRADEMARK BILL 1999..
Trademark violation is now a cognizable and non-bailable
offence
Minimum penalties of a six-month imprisonment term and Rs.
50,000/- have now been prescribed for trademark violations.The maximum penalties have been increased from two years
imprisonment to three years and a fine of Rs. 2 million.
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LEGAL REQUIREMENTS..
The legal requirements to register a trade mark underthe Act are:
The selected mark should be capable of beingrepresented graphically (that is in the paper form).
It should be capable of distinguishing the goods orservices of one undertaking from those of others.
It should be used or proposed to be used mark inrelation to goods or services for the purpose of
indicating or so as to indicate a connection in the courseof trade between the goods or services and someperson have the right to use the mark with or withoutidentity of that person.
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HOW TO APPLY..
Any person claiming to be the proprietor of a trade mark used
or proposed to be used by him may apply in writing in
prescribed manner for registration.
The application should contain the trade mark, thegoods/services, name and address of applicant and agent (if
any) with power of attorney , period of use of the mark and
signature.
The application should be in English or Hindi. It should be filed
at the appropriate office.
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TRADEMARK INFRINGEMENT LAW.
The two types of remedies available to the owner of a
trademark for unauthorized use of its imitation by a third party
are:
an action for passing off in the case of an unregisteredtrademark and an action for infringement in case of a
registered trademark. An infringement action and an action for
passing off are quite different from each other, an infringement
action is a statutory remedy and an action for passing off is a
common law remedy.
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CONTINUED..
The infringing mark is deceptively similar to the registered mark
and no further proof is required.
The use of the mark should be likely to deceive confusion. In a passing off action it is necessary to prove that the use of
the trademark by the defendant is likely to cause injury to the
plaintiff's goodwill.
An infringement suit, the use of the mark by the defendantneed not cause any injury to the plaintiff.
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CASES
Case of infringement
Glaxo Smith Kline Pharmaceuticals Ltd. v. Unitech
Pharmaceuticals Pvt. Ltd
N.R. Dongare v. Whirlpool Corp. Ltd
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CONTINUED
Case of passing off
Honda Motors Co. Ltd. v. Mr. Charanjit Singh and Ors
Case of Trade dress
Colgate Palmolive Company and Anr. v. Anchor Health
and Beauty Care Pvt. Ltd
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WHAT IS A COPYRIGHT?
Copyright is a right given by the law to creators
of literary, dramatic, musical and artistic works
and producers of cinematograph films and
sound recordings. In fact, it is a bundle of rights
including, inter alia, rights of reproduction,
communication to the public, adaptation and
translation of the work
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COPYRIGHT LAW IN INDIA
India has a very strong and comprehensive copyright law basedon Indian Copyright Act. 1957 which was amended in 1981,1984, 1992, 1994 and 1999 (w.e.f.January 15, 2000). Theamendment in 1994 were a response to technological changesin the means of Communications like broadcasting and
telecasting and the emergence of new technology likecomputer software.
The 1999 amendments have made the Copyright Act fullycompatible with Trade-Related Aspects ofIntellectual Property
Rights (TRIPS) Agreement. & fully reflects Berne Convention.The amended law has made provisions for the first time, toprotect performers rights as envisaged in the RomeConvention. With these amendments the Indian Copyright lawhas become one of the most modern copyright laws in theworld.
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CLASSES OF WORKS
Original literary, dramatic, musical and
artistic works. Cinematograph films.
Sound recordings.
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DURATION OF COPYRIGHT
Literary
dramatic,
musical and artistic works (other than a photograph)
sixty years from the beginning of the calendar
year next following the year in which the authordies.
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DURATION OF COPYRIGHT
Anonymous and pseudonymous works
Posthumous work
Photographs
Cinematograph films Sound records
Government work
Public undertakings work
International organizations work
sixty years from the beginning of the calendar yearfollowing the year in which the work is first published
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AUTHOR
literary or dramatic work the author, i.e., the
person who creates the work.
musical work, the composer. cinematograph film, the producer.
sound recording, the producer.
photograph, the photographer. computer generated work, the person who
causes the work to be created.
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PROCEDURE FOR REGISTRATION OF A
WORK UNDER THE COPYRIGHT ACT,1957
Copyright comes into existence as soon as a work
is created and no formality is required to be
completed for acquiring copyright. However,
facilities exist for having the work registered in theRegister of Copyrights maintained in the Copyright
Office of the Department of Education.
The entries made in the Register of Copyrightsserve as prima-facie evidence in the court of law.
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FLOW CHART
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THE OTHER LEGAL BODIES
Copyright Enforcement Advisory Council(CEAC) - An advisory body on copyright
matters Cases can be filed in any regular courts
Copyright Board - a quasi-judicial body
against the orders of the Registrar of Copyright disputes on assignment of copyright
rectification of entries in the Register ofCopyrights
fix rates of royalties
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COPYRIGHT SOCIETY
A copyright society is a registered collectiveadministration society.
Such a society is formed by copyright
owners. The minimum membership required
for registration of a society is seven
A copyright society can issue or grant
licences in respect of any work in which
copyright subsists or in respect of any other
right given by the Copyright Act.
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FUNCTIONS OF COPYRIGHT SOCIETY
A copyright society may:
Issue licences in respect of the rights
administered by the society.
Collect fees in pursuance of such licences.
Distribute such fees among owners of
copyright after making deductions for the
administrative expenses.
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COPYRIGHT INFRINGEMENT
The following are some of the commonly known
acts involving infringement of copyright: Making infringing copies for sale or hire or
selling or letting them for hire;
Permitting any place for the performance of
works in public where such performanceconstitutes infringement of copyright;
Distributing infringing copies for the purpose oftrade
Public exhibition of infringing copies by way oftrade; and
Importation of infringing copies into India.
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PENALTIES AND REMEDIES
Three types of action can be taken
Civil proceedings
1. an injunction
2. damages for conversion and otherwise3. an account of profits
Punishments
1. imprisonment
2. fines
3. the seizure of infringing copies of thework
Anton Piller Order
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INTERNATIONAL COPYRIGHT
AGREEMENTS
Berne Convention for the protection of literary
and Artistic Works Dec, 1987
UCC Geneva Sept,1955
UCC Paris July,1974
Agreements on TRIPS Jan, 1995
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EXAMPLE OF COPYRIGHT
INFRINGEMENT
Case between Askme.in and JustDial.
Askme.in allegedly has used a contacts
directory compiled by JustDial
Delhi High court gave decision in favor of
JustDial
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THANK YOU
Questions ???