raddhika singh- ipr
TRANSCRIPT
INTELLECTUAL PROPERTY LAW FIRM
Copyright © Aletheiaa Legal 2016
WE PROTECT YOUR
CREATIONS
TYPES OF IPR
PATENT
TRADE MARK
COPYRIGHT
PLANT VARITIES DESIGN
GEOGRAPHICAL
INDICATION
TRADE SECRETS
TRADE MARK
TMR
TRADEMARKWhat is a Trademark?
• The term ‘mark’ has been defined to include ‘a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or, combination of colors, or any combination thereof.’ Thus, the list of instances of marks is inclusive and not exhaustive.
• A Trademark is defined to mean a mark which is capable of being represented graphically and distinguishing the goods or services produced or provided by one enterprise from those of other enterprises.
• What are the different types of Trademarks? How to choose a name? What are the advantages of a Trademark? How to commercialize a Trademark?
TRADEMARKTypes of Trademarks?
• WORD: PEPSI, DISNEY, GOOGLE, COLGATE
• LOGO:
• SLOGANS:
• DOMAIN NAMES: www.yahoo.com- domain names serve the same function as a trademark, and is not a mere address or like finding number on the internet, and therefore, it is entitled to equal protection as a trademark.
TRADEMARKHow to choose a Name?
http://www.slideshare.net/sdgarrison/ip-and-licensing-what-you-need-to-know-about-trademarks-patents-and-licensing-agreements
TRADEMARKImportance of a Trademark
• Acts as a Source Indicator : helps in distinguishing your products and services from those of competitors and helps identify you as the source.
• Provides Quality Assurance: indicate a consistent level of standards/quality associated with your products and services.
• Exclusive right to use the trademark: Only you can use that trademark and stop others from misuing it.
• Goodwill generator: Use of the trademark over years generates goodwill that increases the value of the brand. Trademarks are usually the only business asset you have that can appreciate in value over time.
TRADEMARKHow to Leverage your Brand?
Trademarks are assets and share attributes with other forms of property:
• PERSONAL USE: Where you generate income by manufacturing goods or rendering services under that trademark.
• LICENSE BRAND TO THIRD PARTY USERS IN EXCHANGE FOR ROYALTYFranchising outletscharacter merchandising (e.g. Bobble heads, stationery, t-shirts)co-branding promotions, sports events
• BOUGHT AND SOLD (“Assignments”): in the acquisition of a businessin the acquisition of a specific product line
TRADEMARKRecommendations
• CHOOSE A STRONG MARK: Invented marke.g. KODAK-camera; GOOGLE- search engineArbitrary mark e.g. APPLE- Computers; MANGO-Clothes
• ALWAYS CONDUCT A SEARCH: Search is recommended to ascertain if any identical/similar marks have already been filed or registered which could block or oppose the registration of your brand.
• CORRECT USE OF ™ AND ® SYMBOLS: ™ can be used to make public aware that you treat your brand as a trademark. ® symbol can only be used after the trademark is registered.
COPYRIGHT
• What is a Copyright?
An exclusive right given by law to the author of original works: Literary ; Dramatic ; Musical and Artistic works, Cinematograph film and Sound Recording to reproduce, print, publish, communicate to the public and sell copies of their work.
Under Indian law, registration is not a prerequisite for acquiring a copyright in a work. A copyright in a work is created when the work is created and given a material form, provided it is original.
COPYRIGHT
COPYRIGHT
India is a member to the Berne and Universal Copyright Convention, which protects copyrights beyond the territorial boundaries of a nation. Thus any work first published in any country - which is a member of any of the above conventions - is granted the same treatment as if it was first published in India.
The registration of a copyright serves as prima facie evidence admissible in a court pertaining to the ownership and particulars of the copyright.
A copyright grants protection to the creator for the works and prevents such works from being copied or reproduced without his/ their consent. The term of copyright in India for a literary, dramatic, musical or artistic work is the lifetime of the author of the work plus 60 years from the beginning of the calendar year following the year in which the author dies.
COPYRIGHT
IMPORTANCE/ADVANTAGE OF COPYRIGHT?
COPYRIGHT HOW TO LEVERAGE YOUR COPYRIGHT IN A WORK?
• LICENSING WORK TO THIRD PARTY USERS FOR ROYALTY (Retain Ownership)-- Licensing right to publish a book to a Publisher; - Software Licensing to multiple clients; - Licensing musical tunes as ring tones, jingles etc.
• ASSIGNMENT OF WORK FOR LUMPSUM PAYMENT & ROYALTY (Transferring Ownership)-- Assigning all rights in the book to a Publisher; -Assignment of Software to a client. - Brand or website Designing for a Client.
COPYRIGHTRecommendations
• COPYRIGHT NOTICE:
Always use the Copyright notice when you create any work i.e. © [Your name/Company name] [Year of creation].
• SOFTWARE DEVELOPMENT AGREEMENTS:
As per Copyright Law, the software developer owns the Software/sourcecode even if client pays for it. In Agreements, clearly specify if the Software is being licensed or assigned to the client and if Licensed- whether it is exclsuive or non-exclusive.
COPYRIGHTRecommendations
• EMPLOYMENT AGREEMENT: Indian Copyright Act, 1957 specifies that an employer becomes the
owner of a copyright in any Work created by an employee during the course of and within the scope of employment. All employment contracts/engagement letters should specifically have a clause to this effect.
Agreements with Freelancers/Independent Consultants- Specific Clause stating all Copyright shall vest in the Client, upon payment of fees.
• CLIENT PROPOSALS: In all client proposals there should be a clause which clearly states that Copyright in the Work shall be assigned to the client only upon full payment of fees.
• WHAT IS A PATENT?
• A Patent is a statutory right to exclude others, from making, offering for sale, using, selling, and importing the patented product or process without the consent of the patentee, for a limited period of time. These rights are granted in exchange of full disclosure of the invention.
• The term “invention” is defined under the Patents Act as “a new product or process involving an inventive step and capable of industrial application .” Thus, the invention must fulfill the requirements of novelty, non -obviousness, and utility to be considered as patentable invention.
PATENT
• EXCLUSIVE RIGHTS - Patents provide the exclusive rights which usually allow the Owner to use and exploit the invention for twenty years from the date of filing of the patent application.
• STRONG MARKET POSITION - Through these exclusive rights, the owner is able to prevent others from commercially using their patented invention, thereby reducing competition and establishing themselves in the market as the pre-eminent players.
• HIGHER RETURNS ON INVESTMENTS - Having invested a considerable amount of money and time in developing innovative products, the owner could, under the umbrella of these exclusive rights, commercialize the invention enabling the owner to obtain higher returns on investments.
PATENT IMPORTANCE OF A PATENT
• INCREASE IN NEGOTIATING POWER - If the owner is in the process of acquiring the rights to use the patents of another enterprise, through a licensing contract, the owner could enter into a cross licensing arrangement where, simply put, the patent rights could be exchanged between the two parties.
• POSITIVE IMAGE FOR YOUR ENTERPRISE - Business partners, investors and shareholders may perceive patent portfolios as a demonstration of the high level of expertise, specialization and technological capacity within your company. This may prove useful for raising funds, finding business partners and raising your company's market value.
• TAX REBATES: Introduction of the Patent Box Regime under the Budget- 2016- wherein tax rebates will be offered to Start Ups who develop and register their Patents in India.
PATENTIMPORTANCE OF A PATENT
• NON-DISCLOSURE AGREEMENTS: An idea/invention that is capable of patent protection shall not be disclosed before a provisional/complete patent is filed. Ensure NDA’s are signed with anyone/everyone with whom the patentable idea is being discussed.
• PATENTABILITY SEARCH: Prior to filing a Patent always conduct a search to ascertain if a patent has already been filed/granted in respect of an invention similar to yours or not.
• EMPLOYMENT AGREEMENTS: All entities which develop patentable ideas/inventions/technologies should contain assignment clause and confidentiality clause in all Employment/Consultant Agreements.
PATENTRECOMMENDATIONS
THANK
YOU!
