Trademarks & Copyrights

8/3/2019 Trademarks & Copyrights

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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

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