Copyright,Patents & Trademarks as a part of

Intellectual Property rights with reference to few

relevant clauses of TRPIS
 SUBMITTED BY
Amol Nagap (16106B1037)
Vaibhav Shanbhag (16106B1035)
Keshav Maheshwari (16106B1043)
Ashwini Shetty (16106B1039)
Sagar Jadhav (16106B1029)
Pranali Kamble (16106B1031)
Nikhil Khapre (16106B1025)
Siddhesh Jadhav (16106B1033)
Rajas Patil (16106B1041)
Swastik Thakur (16106B1027)
 INTRODUCTION
In India, Intellectual Property is governed under the Patents Act, 1970;
Trademarks Act, 1999; Indian Copyright Act, 1957.
It is a bundle of rights including, inter alia, rights of reproduction,
communication to the public, adaptation and translation of the work.
 Copyrights Act 1957
Definition
Copyright is a bundle of rights given by the law
to the creators of literary, dramatic, musical
and artistic works and the producers of
cinematograph films and sound recordings
 Ownership of copyright under the Copyright
Act
The author of a work is generally considered as the first owner of the
copyright under the Copyright Act 1957
In the case of a musical work, the composer.
In the case of a photograph, the photographer.
In the case of Script, the writer. Etc.
 OWNERSHIP RIGHTS UNDER THIS ACT
Reproduction
The reproduction right is perhaps the most important right granted by the Copyright Act.
Under this right, no one other than the copyright owner may make any reproductions or
copies of the work.

Derivative Works
A derivative work is a work based upon one or more pre existing works, such as a
translation, musical arrangement,etc.

Distribution
The distribution right grants to the copyright holder the exclusive right to
make a work available to the public by sale, rental, lease, or lending.
 Public Performance
The public performance right allows the copyright holder to control
the public performance of certain copyrighted works.

Translation
The owner has the full and sole authority to translate the work done
by him in one language to one or many other languages.
 Life of Right
Copyright lasts for Life + 60 years in India

In case of joint authorship, the date has reference to author who dies
last

Photographs 60 years from the beginning of the calendar year

 INFRINGEMENT
In dealing with copyright, we should bear in the mind that copyright
does not protect novelty but only originality.
Copyright protects only the expression and not the idea.
It is the only method of expressing the work, it cannot be protected.
The key factors required for initiating any infringement case are
Prove ownership of Copyright
Infringer has copied (Substantially Similar)
For Example:- Telephone Directory
Registration of Copyright
 Advantages of Registration
Registration establishes sufficient evidence in court concerning the
validity of the copyright and the facts stated in the copyright
certificate.
If registration is made, statutory damages and attorney's fees will be
available to the copyright owner in court actions
 Cancellation of License
The licensee has failed to produce and publish the translation of the
work within the specified period or the extended period.
The license was obtained by fraud or misrepresentation as to any
essential fact.
The licensee has contravened any of the terms and conditions of the
license
 Case Study

How DUs Rameshwari Photocopy Service

won a David vs Goliath battle
PATENTS ACT 1970
A patent is an exclusive right
granted for an invention a
product or process that provides
a new way of doing something,
or that offers a new technical
solution to a problem.
Patents provide incentives to
individuals by recognizing their
creativity and offering the
possibility of material reward for
their marketable inventions.
 Salient Features Of Patents act 1970
Both product and process patent provided
Term of patent 20 years
Examination on request
Safeguards Of Patents act 1970
Compulsory license to ensure availability of drugs at reasonable prices
Provision to deal with public health emergency
Revocation of patent in public interest and also on security
considerations
 Types of Patents
1. An Ordinary Patent
2. A Patent of Addition
3. A Patent of Convention
A second type classification of patent is:
1. Product Patent
2. Process Patent
 The Term of Patent
In respect of an invention claiming process of manufacture of a
substance intended to be used as food or medicine ---- 5 years from the
date of sealing or 7 years from the date of patent whichever is shorter.
Expiry of A Patent
The patent has lived its full term.
The patentee has failed to pay the renewal fee.
The patent expires, it passes to the general public domain.
PROCEDURE FOR REGISTRATION
 CHARACTERISTICS OF PATENT
New means that the invention does not exists in the prior state of the
art relating to a particular technical field.
Novelty means that the invention must not have been publicly
disclosed, anywhere in the world, before the date of filing of the
patent application.
Inventive Step means that the invention should not be obvious or
which can be anticipated by a person skilled in that prior art.
Industrial use is another criterion which has to be fulfilled before grant
of Patent.
 THE BARRIERS
Patents are written in a difficult mixture of technical and legal
language.
Patent online searching services are considered expensive.
Patent information is perceived by some SMEs as having no, or low
relevance to them.
SMEs experience problems in getting access to patent information.
 COMPULSORY LICENSE AND LICENSE OF
RIGHT
ASSIGNMENT
Applications must be filed on the prescribed form with the
Controller for the registration of licenses and any other documents
creating an interest in a patent in order for them to be valid.
DURATION
A patent lasts for 14 years from the date of filing the complete
specification
RESTORATION
Application for restoration of a patent that lapses due to non-payment
of renewal fees must be made within one year of lapse.
 Patent Infringement
Patent infringement is the commission of prohibited act with respect to
patented invention without permission from patent owner.

Basic features of infringement

1) Object of infringement-patents must be valid
2) Infringement behavior-the infringers must infringe with the purpose
of operation or production.
3) Violation of legal rules-the behavior is carried out without the
permission of patentees
 Case study
Bajaj Auto LTD vs TVS Motor Co LTD
 Trademark 1999
A trade mark is a visual symbol in the form of a word, a device, or a
label applied to articles of commerce with a view to indicate to the
purchasing public that they are the goods manufactured
Function of a trade mark
(1) it identifies the product and its origin
(2) it guarantees its unchanged quality
(3) it advertises the product
(4) it creates an image for the product.
 Registration Process
1. Authorize a lawyer to act as your agent.
2. The lawyer will conduct a search with the Trademark Office to check if
there are any similar trademarks already registered under that particular
class.
3. Depending upon the results of the search, the lawyer will draft your
trademark application. In case someone already has the same or similar
trademark
4. The lawyer will file your trademark application with the Trademark
Office and send you the receipt.
5. After a few days, the lawyer will send you the Original
Representation Sheet of your trademark as it has been filed with the
Trademark Office.
 Offences & Penalties
1) Applying Unauthorized Trademark
2) Selling Goods or Services with Unauthorized Trademark
3) Penalty for falsely representing trademark as registered
4) Penalty for removing piece goods, etc.
5) Penalty for improperly describing a place of business as connected
with the Trade Marks Office
6) Penalty for falsification of entries in the register
Case study

Cadbury vs I.T.C
 TRIPS
The Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPS) is an international legal agreement between all the
member nations of the World Trade Organisation (WTO). It sets down
minimum standards for the regulation by national governments of many
forms of intellectual property (IP) as applied to nationals of other WTO
member nations.
 TRIPS ARTICLES
Article 9: It deals with the copyright protection shall extend to
expression and not to ideas,procedures,methods of operations
Article 10: It deals with copyright protection of computer
programs,database,codes as well as to lierary works (under the Bune
convention 1971)
Article 11: In respect of computer programs and cinematographic
works, a member is enlitted to the right to the authorised or prohibit
commercial rental to the public of originals or copies of their copyright
works.
 TRIPS and India
In 2005, in order to comply with the requirements of TRIPS, the Indian
government introduced product patents on pharmaceuticals.
Pharmaceutical patents were first introduced to India by the British.
But in Patent Act 1970
 WORLD INTELLECTUAL
PROPERTY ORGANIZATION
(WIPO)

Video presentation
 National Intellectual Property
Organization (NIPO)
NIPO is an association of creators, users and owners of Intellectual
Property. Members of NIPO include scientists, authors, artists,
filmmakers, musicians, corporates, civil servants, academicians, legal
experts and intellectuals among others.
Conclusion