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LAB INSTITUTE OF MANAGEMENT TECHNOLOGYGHAZIABAD
PRESENTED BY:AASTHA GARG 10HR-001TRAPTI AGARWAL 10IB-060
MONISHITA CHANDRA 10IB-020PRATIK MITTAL 10DM-106PARV BANSAL 10IB-047VIKAS NANDAL 10IT-029
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opyright
Copyright Act, 1957
Copyright is a legal protection extended to the owner ofthe rights in an original work of creation. Copyrightprotects expressions and not the ideas. There is nocopyright in an idea.
Copyright comprises two main sets of rights:
1. The economic rights: Economic rights include theright of reproduction, broadcasting, publicperformance, adaptation, translation, publicrelation, public display, distribution and so on.
2. The moral rights: Moral rights include the authors
right to object to any distortion, mutilation or other
modification of his work that might be prejudicial to
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Copyright subsists in the following classes of works:
Original literary, dramatic, musical and artistic works
Cinematograph films
Sound recordings
The original creators of works protected by copyright, as also
their legal heirs have certain basic rights. They hold theexclusive
right to use or authorize others for use of the copyrighted
material
opyright
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The creator of the right can prohibit or authorize:
Reproduction in various forms such as printed publicationor sound recording
Public performance as in a play or musical work
Recordings in a disc or cassette
Broadcasting by radio, cable or satellite
Translation into other languages
opyright
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The period of Copyright protection in India is60 years.
In the case of original literary, dramatic, musical
and artistic works the 60-year period is countedfrom the year following the death of the author.
In the case of cinematograph films, soundrecordings, photographs, posthumouspublications, anonymous and pseudonymouspublications, works of government and works ofinternational organizations, the 60-year period is
counted from the date of publication.
opyright
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REQUIREMENTS FOROPYRIGHT
Requisites for filing a copyright application
Name, address and nationality of the applicant
Name, address and nationality of the author of
the work
Nature of applicants interest in the copyrighti.e. OWNER / LICENSEE etc.
Title of the work A declaration signed by the author (if different
from the applicant)
Language of the work
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Whether the work is published or unpublished
If the work is published, year and country of firstpublication and name and nationality of the
publisher
Year and countries of subsequent publications, ifany
Name, address and nationality of any other personauthorized to assign or license the rights in thecopyright
Power of attorney for the firm
Six hard copies of the work and three soft copies
REQUIREMENTS FOROPYRIGHT
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The application with complete details and copiesof the work is filed
Thereafter, the application is examined andobjections, if any, are raised, or any extradocuments required are requested
A response has to be filed within 30 days
The certificate is issued by the copyright officeafter the objections, if any, are removed to thesatisfaction of the Copyright Registry.
PROCEDURE FOROPYRIGHT
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Copyright infringement (also known as piracy) is theunauthorized use of copyrighted material in a mannerthat violates one of the copyright owner's exclusiverights, such as the right to reproduce or perform the
copyrighted work, or to make derivative works that buildupon it.
Huge number of infringements are seen in the MusicIndustry today.
the Copyright (Amendment) Act, 1994 clearly explainsthe rights of Copyright holder, position on rentals ofsoftware, the rights of the user to make backup copiesand the heavy punishment and fines on infringement of
Copyright of software. It also makes it illegal to make or
OPYRIGHT INFRINGEMENT
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3 Idiots was one of the biggest news for copyright
infringement but later on no legal action was takeneither by the author or by the director
A & M Records v/s NapsterStealing music and making it available to people
worldwide
Napster apologized and folded the sitePaid 26 million as penalty to music companies
and song writers
OPYRIGHT INFRINGEMENT
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TRADEMARK
A trademark is a distinctive sign or indicator used by anindividual, business organization, or other legal entity toidentify that the products or services to consumers with whichthe trademark appears originate from a unique source, and to
distinguish its products or services from those of other entities. A trademark is typically a name, word, phrase, logo, symbol,
design, image, or a combination of these elements.
"Trademark includes any device, brand, label, name,
signature, word, letter, numerical, shape of goods, packaging,colour or combination of colours, smell, sound, movement orany combination thereof which is capable of distinguishinggoods and services of one business from those of others. It
must be capable of graphical representation and must beapplied to goods or services for which it is registered.
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A trademark may be designated by the followingsymbols:
(for an unregistered trade mark, that is, a
mark used to promote or brand goods)
(for an unregistered service mark, that is, amark used to promote or brand services)
(for a registered trademark) There are 2 types of trademarks:
Registered Trademarks
Unregistered Trademarks
TRADEMARK
http://en.wikipedia.org/wiki/Trademark_symbolhttp://en.wikipedia.org/wiki/Service_mark_symbolhttp://en.wikipedia.org/wiki/Registered_trademark_symbolhttp://en.wikipedia.org/wiki/Registered_trademark_symbolhttp://en.wikipedia.org/wiki/Service_mark_symbolhttp://en.wikipedia.org/wiki/Trademark_symbol8/3/2019 Copyrights and Trademarks - Group 3
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INDIA AND TRADEMARKS
The Trade Marks Registry was established inIndia in 1940 and presently it administers theTrade Marks Act, 1999 and the rules there under
It acts as a resource and information centre and isa facilitator in matters relating to trade marks inthe country
The objective of the Trade Marks Act, 1999 is toregister trade marks applied for in the country andto provide for better protection of trade mark forgoods and services and also to prevent fraudulent
use of the mark
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Name, address and nationality of the applicant
Trading Style of the Applicant
Mention the type of firm of the Applicant ( Sole
proprietor/Partnership/Public Ltd. company/PrivateLimited company)
Trademark
Mention the goods and services for which the
mark has been proposed to be registered Date of first use of the mark in India
Mention priority details
INDIA AND TRADEMARKS
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EGISTERED
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EGISTEREDTRADEMARK
Registered with national trademark office
Symbol circled R
Lasts for lifetime provided it is in continuous use fortrade. It needs to be registered every 10 years
Disney.com and Dsiney.com
BENEFITS OF EGISTERED
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BENEFITS OF EGISTEREDTRADEMARK
A trademark is a sign of serious commercial intentand protects/increases the goodwill of the owners
business
It is seen as an evidence of ownership
A trademark gives the owner legal recourse againstillicit use
EGISTERED
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Band-Aid
McDonalds
Vaseline
Wal-Mart
Microsoft
and many more.
EGISTEREDTRADEMARK
UNREGISTERED
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UNREGISTEREDTRADEMARK
An unregistered trade mark is a trademark whichdoes not benefit from the protection afforded totrade marks through registration.
It does not posses legal benefits It can include symbols, marks, logos etc.
Not used in relation to goods and services
Owner can take action against any person forpassing off goods as the goods of another personor as services provided by another person
They are protected by PASSING OFF
TRADEMARK
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TRADEMARKINFRINGEMENT Infringement occurs when someone else uses a
trademark that is same as or similar to your registeredtrademark for the same or similar goods/services.
Trademark infringement claims generally involve theissues of likelihood of confusion, counterfeit marks anddilution of marks.
Likelihood of confusion occurs in situations where
consumers are likely to be confused or mislead aboutmarks being used by two parties.
The plaintiff must show that because of the similarmarks, many consumers are likely to be confused or
mislead about the source of the products that bear
TRADEMARK
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TRADEMARKINFRINGEMENT
GAP v/s gapnote
High street retailer Gap has decided to sue thesocial networking startup Gapnote, citing the latter
intention to deceive consumers and generateinterest in its own social media and networkingsite
The clothes retailer has demanded the cessationof the use of the word 'gap' by the website
DIFFERENCES BETWEEN
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DIFFERENCES BETWEENCOPYRIGHT AND TRADEMARK
Copyright Trademark
Kind ofWork
Protection that coversworks of art and similarthings
Protects a name brand orlogo that is used in acommercial application
Duration Lifetime of owner and60 years after his/herdeath
Registration done for 10yrs
Renewal Cannot be renewed Need to be renewed every
10 yrs provided it iscontinuously used
Registration Fee
Small Substantial
Registrat Short Much Longer
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