Intellectual Property

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?

• The G.I. is applicable only to

Agricultural Products;
 New Act
• Semi Conductors Integreated
Circuits Layouts Designs Act ;
 Defined
• Semi Conductor Intergrated Circuit
is a Product having Transistors and
other Circuitory Elements designed
to perform Electronic Functions;
 FAQ
• 1. When can I use the symbol ©?
• As soon as you have created the work in
which copyright subsists you should use
the symbol © along with the year in which
the work has been created and the name
of the copyright owner. This is
irrespective of whether the copyright in a
work has been registered or not.[Is this
mandatory?-No its not mandatory]
 FAQ’s
• 2. What is the term of copyright in a work
in India?
• Typically, the copyright in any literary,
dramatic, musical or artistic work (other
than a photograph) published within the
lifetime of the author subsists until 60
years from the author's death.
 FAQ’s
• 3. Can I license/assign the copyright in a
work to another person?
• Yes. You can license/assign the copyright
in a work to another person provided the
arrangement has been reduced in writing.
No license/assignment is valid unless a
written instrument supports it.
 FAQ’s
• 4. It is mandatory to register the copyright in a
work in India?
• No. It is not mandatory to register a copyright in
a work in India. However, registration of
copyright constitutes prima facie evidence the
information contained in the registration in case
of a dispute. However there is no difference in
the protection granted to a copyright in a work of
a registered or an unregistered copyright.
5. Who is the first owner of copyright in a work?
 FAQ’s
• Ordinarily the author is the first owner of copyright in
a work.
6. Who is an author?
There are different authors for different kinds of work. In
the case of a literary or dramatic work the person who
creates the work is the author. In the case of a musical
composition it's the composer. For cinematograph films and
sound recordings the producer is the author while in the
case of a photograph, the photographer is the author, while
in relation to other artistic works, the artist is the author.
In the case of a computer-generated work, the person who
causes the work to be created is considered to be the
author.
 FAQ’s
• 7. What will be the period of assignment of the copyrights
in the work if it has specifically not been stated in the
assignments?
If the period of assignment has specifically not been stated
in the assignment, it shall be deemed to be five years from
the date of assignment.
8. What will be the territorial extent of the assignment if
it is not specified in the assignment?
If the territorial extent of assignment of the rights is not
specified, it shall be presumed to extend to the whole of
India.
.
 FAQ’s
• 9. In what conditions would an
assignment lapse automatically?
Unless otherwise specified in the
assignment, if an assignee does not
exercise the rights assigned to him within
a period of one year from the date of
assignment, the assignment is deemed to
have lapsed automatically after the expiry
of this period.
 FAQ’s
• 10. Does copyright subsist in a foreign
work?
Yes. Copyright in a work of nationals of
countries who are members of the Berne
Convention for the Protection of Literary
and Artistic Works, Universal Copyright
Convention and the TRIPS Agreement are
protected in India. These rights are
protected in India through the
International Copyright Order
 Emai ID
• B.A.PRABUSHANKAR,BABL,DLAL,ML
,
• ADVOCATE
• 98430-52878/9442764589/
• bapslegaleagle@gmail.com
• bapslawoffice@gmail.com