Date post: | 27-Jan-2015 |
Category: |
Design |
Upload: | nift-national-institute-of-fashion-technology |
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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