INFRINGEMENT

 The actions of breaking a term or law.

 Copyright in a work is considered to be infringed:
a) When any person without a license from the owner of the
copyright , or the registrar of Copyright -
 violates any exclusive rights of the copyright owner.
 knowingly permits for profit of any place used for the
performance of the work in public which continues as
infringement of the work or-
b) when any person , makes for sale or sells or lets for hire, or offers
for sale or hire, or exhibits in public for trade or import any
infringing copies.
‘Piracy’ is an act, where an unauthorised copies or pirated copies are
produced and either distributed or sold. The authors, performers etc and
film producer’s right of making copies are infringed when such work is
pirated and distribution or sale takes place.
‘Bootlegging’ normally refers to an unauthorised recording of a live
performance. This may occur by using a tape recorder or video recorder.
When the work is recorded without the permission of the authors and
performers, then making, distributing or selling will constitute an
infringement.

PATENT
Patent, under the act is a grant from the government to the inventor for a
limited period of time , the exclusive right to make use , exercise and
vend his invention. After the expiry of patent , anybody can make use of
the invention.

INVENTION
 It means any new or useful -
i. art, process, method
ii. machine, apparatus or other article
iii. substances produced by manufacture

Such creation becomes the exclusive property of the inventor on grant of patent.

APPLICATION FOR PATENT

An application for a patent may be made by the actual inventor of the

invention, or the assignee of the right to make an application or legal
representative.
It is the person who applies first for a patent is entitled to the grant.
A prior inventor of the invention who applies subsequently will not get
the patent as against the first applicant
RIGHTS OF A PATENTEE
 The patentee can sell the whole or part of this property
 He can also grant license to other(s) to use the patented property.
 He can also assign such property to any other(s).

PERIOD OF PATENT
 Patents related to drugs and food, the term is five years from the date of
sealing the patents or seven years from the date of the patent whichever
is shorter.
 In respect of all the other patents the term is fourteen years from the
date of the patent. A patent is kept alive only by paying the renewal fee
from time to time.
 INFRINGEMENT OF PATENT

The right conferred by the patent is the exclusive right to make, use , exercise,
sell or distribute invention in India. Infringement consists in the violation of any
of these rights. Infringement consists in the violation of any of these rights.

TRADEMARK

 During the British regime in India the big merchants and businessmen
who had established their mark in the market in respect of certain good
under the particular brand name, style or design felt they should continue
to be sold or traded under the same brand name, style or design and no
other person shall be allowed to adopt the brand name style or design.
 it is a mark used in relation to goods for the purpose of indicating a
connection between the goods and some person having the right as
proprietor to use the mark.
 it is a visual symbol in the form of a word, device or a label applied to
articles with a view to indicate to the purchasing public that they are
goods manufactured

FUNCTIONS OF A TRADEMARK

 It identifies the product and its origin.

 It proposes to guarantee its quality.
 It advertises the product.
 It creates an image of the product in the minds of the public particularly
the consumers or the prospective consumers of such goods.
 INFRINGEMENT OF TRADEMARK

Infringement of a trademark occurs if a person other than the registered

proprietor in the course of trade, in relation to the same goods or services
for which the mark is registered, uses the same mark or deceptively
similar mark.

ESSENTIALS OF INFRINGEMENT

 The taking of any essential feature of the mark or taking the whole
of the mark a few additions and alterations would constitute
infringement.
 The infringing mark used in the course of trade.
 use of infringing mark must be printed or usual representation of
the mark in advertisements, or bills.
 All of the above acts would constitute infringement.
Injunction- an injunction restrains the defendant from using the offending mark
pending the trial of the suit or until further orders.

Accounts of profit- when a plaintiff (a person who initiates the law suit before a
court)claims the profits made by the unauthorised use of his trademark, it is important
to ascertain to what extent the trademark was used.

Damages: the object of damage is to compensate for loss or injury