Rights (I.P.R.Laws) B.A.Prabushankar, BABL,DLAL,ML,M.Phil., Advocate , bapslawoffice@gmail.com bapslegaleagle@gmail.com IPR – What does it Means
• IPR Means the Creation of Mind
What are Included in IPR • Trade Marks • Copy Rights • Patents • Intergerated Circuits Layout Designs • Geographical Indications What is the Objective of Protecting IPR • BY Protection IPR You • Make more profits • Your creation of work is protected from being Copied • You are given a Right to Transfer or assign for an Consideration to other persons • The R & D Investments made are safeguarded Violation of IPR • Violation We call it as Infringment; • When ever there is an infringment , there can be two types of Actions taken • One before the Civil Court seeking for Compensation and Prohibitory orders; • And the Other before the Criminal Court Seeking for Prosecution; Trade Mark • Trade Mark is Indicated as TM • Trade Mark is to protect the identity of the Products in the eye of Consumers; • Trade Mark gives a distinct identification Process; • Trade Mark gives exclusive usage to the Holder of the Mark ; • Prevents Duplication of Products ; What Can be a Trademark? • A Name to denote or distinguish one’s Products ; • The Said Name should be avoided from being a general Terms ; • Addition of General Terms Like New , Powerfull etc ., can be done; How an TradeMark is denoted • TradeMark if registered before the Registrr of Trademarks is Denoted in the Products by putting TM; • If the Trademark of the Product is in the Process of Registration , then it can be denoted as (R )Within a Circle Trade Marks Registry • Trade Marks Registry is at Chennai , Now called as IPR Board . • It deals with Registration Process; • Its headed by a Chairman ; • It has Powers to conduct enquiry with regard to any disputes relating to registrations of IPR; Registration How Made • BY Making an Application; • Before Making an application , to make a search in the register ; • Search is for purpose to know whether any others have been already granted with TM for the said Product; • Every Category of the Products will be taken into consideration for granting a TM; Why Categories Considered? • While applying for TM , the Categories will be Considered; • For Ex. If a Car Company wants to manufacture a Car and named it as apple it can be done , because it realtes to different Category ; But at the same time it shall be well differentiated from the leaders of the Market; Why Registration of TM • Registration gives you a right to sue before a Court without any issues; • Once Registered then the Period of Usage stands clearly established; • Big Sum of Money now a days used in Advertisment is Safeguarded; • Launching of a Product , Should have the Trade Mark also Registered; Copy Rights • Copy Rights means the Right of the Author of the Original Work to have is creations Protected; • Copy Rights vests only with the Author of the Works; Benefits of Copy Rights • Author of the Work gets his Right established ; • If any Copying of the Work is there then it can be sued before the Court of Law; • It Paves a way to have the Copy Right Assigned as well to have it Transferred ; • Usually it safeguards the rights of the creator of the Work; What is covered under Copy Rights • Copy Rights Inculdes Works in Literary , Dramatic performances , Musical works, Artistic Works , Cinemas , Sound Recordings , Books Publications . What else is covered Under Copy Rights? • An Artistic Work in a TradeMark; • An Software developed is covered under the Copy Right • A Plan by an Civil engineer to construct an House ; • An drawing for elevation by an Architect can also be covered under said Copy Right How Long a Copy Right Exists • Copy rights exists for an Period of 60 years from the death of the author; • Thereafter the Copy righted work gets into the Public Domain • The Benefits derived from Assigment of Copy Rights is called as Royalty; To What a Copy Right applies
• Copy Rights applies to any
expressible form of Idea or Information; When there is no Violation of Copy Right? • When its for fair use and dealing; • When its transferred or Assigned ; • When Copy Right permission is obtained; Violation of Copyright? • Its Punishable Under the Copyrights Act,1999; • It Can also be sued before the Civil Court for Compensation and Damages; • The Violated works can be seized ; What is Violation of Copy Rights? • Using the Work without the permission of the Author; • Publishing an Work without permission of the Author; • Using the Work of the Author in his own works , without permission ; • Copying the same without Permission and publishing or rerecording the same ; Infringement of Copyright • We Call infringement of Copy Right as Piracy ; • Now a Days lot of Pirated music works , cinema work Cassettes , and Soft Wares are in the Markets; Some Vital Information about Piracy • US Picture Company reported a Loss of $6.1 billion due to piracy of pictures; • In 2005 More than $40 Billion was the Global loss reported due to piracy of software ; • An Survey Says 40% of the Softwares used in PC’s in India are all pirated; • All these leads to Loss in Business; Precautions • Before sharing creative ideas enter into Contractual Agreements; • Before Putting the Product into market have its formulas patented; • Before Putting an Electronic Gaget into market have the Said Circuits Registered Under Lay out Designs Act ; • Before Getting an Copy right see , whether the grantee has a right for the same; Geographical Indications • Even Products which are famous in Particular areas are protected under the Said Geographical Indications Act; Examples of Geographical Indications • Assam Tea; • Simla Apple; • Basumathi Rice and So on ; What are its necessary ingredients • To include under the Act , the Product should be of a distinct one , cultivable or procurable only in that area ; To What Products G.I. is applicable?