PRESENTED BYSIMIRAAJ

FASHION DESIGN DEPARTMENT

Intellectual Property Rights &

Indian Patent Right

Contents

CopyrightTrademarkGeographical indicationsTrade secrets Patents

PROPERTY

I have an innovation…how do I protect

it in the market?

Copyright protects literary, artistic and musical creations

Trademark protects against imitations of products as long as they are in trade

GI : Quality and reputation of products are attributable to geographical origin

Trade Secrets cover the confidential information

Patents protect the technological inventions

COPYRIGHT

Types of copyright

Copyright protects literary and artistic work1. Broadcast2. Literary works3. Musical works4. Artistic works5. Films6. Sound recording

Duration of Protection

For books and other works of arts is 50 to 70 years after the death of the author (the laws of different country vary)

For photographic work 25 years from making the work

For cinematic works 50 years after making the work available to public

What can you copyright in fashion?

Any artistic work such as sketches and patterns can be copyrighted

Craftsmanship such as one-off handmade garment or jewellery

Yet this right stay as a indisputable decision in the law world

Trademark

Forms of Trademark

Visual : WordsDevices including drawings and symbols or

2D-representations of object or combination of two or more of these

Color combinations3D sign as shape of goods or packaging Audio:SoundsMusical notes

How TM or R helps a brand name

A trademark is a brand or a part of brand that give legal protection because it is capable of exclusive appropriation

A trademark protects the sellers right to use the brand name and /or brand mark

TM is an exclusive mark intended to differentiate the product of one seller with others

Counterfeit TM’s

What can you trademark in fashion?

Its none other than its label or brand name

Under a brand name one can have any number of sub brand names as well

Also one can trademark a particular collection

Duration of registration

Duration of trademark registration is valid from 10 years from the date of application and can be renewed every 10 years

Geographical Indication (GI)

What is GI?

Many goods possess their peculiar properties due to their geographical origin

GI is the best method to indicate the geographical origin of any goods and services

Many agricultural products: tea & rice, dairy products: cheese, wines& spirits (champagne), textile weave owe their special quality and reputation to their geographical place of growth or processing

Protection of GI

GI is not owned by a single owner

Any producer in the region can use the GI, provided the product is prepared following the norms set out for the use of its GI

GI is registered in the national register to locate the origin of the product

It is an offence to use a false GI

Trade secret

World’s best kept trade secret till date…

Trade secret

Some inventions, data, information cannot be protected by any of the available means of IPR’S. such information are kept confidential as Trade secret

Trade secret can be invention, idea, survey method, manufacturing process, experiment results, recipe, financial strategy, client database etc

When trade secret are preferred?

When invention is not patentable

Patent period is limited to 20 years ,when trade secret can be kept beyond that

How to guard Trade secret?

Restricting number of people having access to secret information

Signing confidential agreements with business partners and employees

Using protective techniques like digital data security tools and restricting entry into area where trade secret is held or worked

National legislations provide protection in form of injunction and damages if secret information is illegally acquired or used

Patent

An exclusive (monopoly) right

Granted by the government

To an inventor to make, use, manufacture and market the invention

For a limited period of time (20 years)

Why Patent rights?

making

using

Negative right

importing

selling To Exclud

e others

Who can apply for Patent?

An inventor

Person or company legally assigned by the inventor

Legal representative of the inventor

Either alone or jointly by above persons

Contents of Patent

Title

Abstract

Field of invention

Background of the invention

Summary of the invention

Detailed descriptions

Claims

Conclusion

It is important to know the IPR’s of our country and worldwide as its every human beings right to safe guard his efforts , dedication, talent and obsession from the hands of negative powers.

Its is our eligibility to showcase what we are worth for and above all, to give a new promise and safety for everybody’s betterment.

Laws are to follow and not to break.

THANK YOU