Branding_with_special_reference_to_the_intellectual_property 1

8/7/2019 Branding_with_special_reference_to_the_intellectual_property 1

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Branding with special reference to

THE INTELLECTUAL PROPERTY ACT


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Topic Members

Introduction Prerna Jeswani

Instruments of IPShraddha Tandel

Patents Aziz Abdul

Trademarks Aishwarya Shetty

Case study and Conclusion Vinayak Mulgund

INDEX


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Branding

It is endowing products and services with

power of brand which creates mental

structures that help consumers organize

their knowledge about products and

services


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Intellectual Property

Intellectual Property (IP) specifically

refers to intangible assets which are legally

protected in some manner and degree.

Protection can take varying forms,

depending on the jurisdiction, and includespatents, copyrights, trademarks and trade

secrets

4


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Features of IP

A personal property

An intangible form of property i.e. Can be sold, bought,

lease or rent, pass under a will or assigned

It is a basic form of property

Based on information

Objects of IP

-the form of the work;

-the invention; and

-the relationship between a symbol and a business.


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INTELLECTUAL

PROPERTY

INDUSTRIAL

PROPERTY

PATENT TRADEMARKS DESIGNGEOGRAPHICAL

INDICATIONS

COPY RIGHT+


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Functions of IP

7

1. To incentivize knowledge (and

hence wealth) creation;

2. To accumulate knowledge in a

culture;

3. To protect a distinctive identity..


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Instruments of IP and common

applications

Ethics and Values in Intellectual Property 8


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How IP works for Branded Product ?

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PROTECTIONSPatents : contents

of the jar, lid and

seal

Copyright:

artworks in labels.

Trademark:

brand-name, colour

used.

Industrial Design:

shape of jar.


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Legislative Measures

The Patents Act, 1970

Product Patent

Patent Term of 20 yearsPublic Health Safeguards

Protection to TK

The Trade Marks Act, 1999

Service Marks and Collective Marks

Term increased from 7 years to 10 years


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Protection Of Intellectual Property In India(Patents, Designs, Trade Marks & Copyrights)

Sr.JOINT

CONTROLLER OF

PATENTS ANDDESIGNS

JOINT REGISTAR

OFTRADEMARKS

MINISTRY OF COMMERCE AND

INDUSTRYMINISTRY OF HUMAN RESOURSE

DEVELOPMENT

DEPT. OF INDUSTRIAL POLICY &

PROMOTION

DEPT. OF EDUCATION

CONTROLLER GENERAL OF

PATENTS, DESIGNS & TRADE MARKS

PATENT

OFFICE

TRADE MARKS

REGISTRY

COPYRIGHT OFFICE

REGISTAR OF

COPYRIGHT

GIR


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A) Patents

Patents are one of the oldest forms of

intellectual property protection, they provide a

tool prevent third parties from using, making,

selling, or otherwise profiting from an

invention, and create an incentive to innovate


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Types of patents

1. Utility patents: for the discovery of new machines or

processes or the improvement of existing machines.

2. Design patents: for original ornamental designs made for

manufacture.

3. Plant patents: for the invention or discovery of distinct

and new varieties of plants. The inventor must also be

able to asexually reproduce this plant.


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Why & How it is granted ?

A patent is a Monopoly Right granted

For an invention

By the government

To the inventor or his assignee

For a limited period

It is valid within the country of grant


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Filing of Patent application

Examination & novelty search

Acceptance or refusal

Notification ofAcceptance

in the GAZETTE OF INDIA (part III section 2)

Opposition (if any)

Grant of a patent


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Recent Amendments

Patents (Amendment) ordinance was issued in 1994

and became Patent (Amendment) Act,1999.

Patents (Second Amendment) Bill ,1999, has now

become patent (Amendment) Act,2002.

Patent (Amendment) Act 2005, Product regime

launched

Some of the important features of the Patent

(Amendment)Act,2005


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Advantages of Patent

It encourages RESEARCH.

Induces an inventor to disclose his inventions

instead of keeping them as secret.

Provides inducement for capital investment

encouraging technological development.

It encourages establishment of new industries.


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B) SYMBOLS/MARKS

Any word, name, symbol, or device, or any

combination of these, which identifies goods

in a way to distinguish them from the goods of

others


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Types of Marks

Copyright

Trademark

Registered TM

Service Mark

Collective Marks

Certification Mark

Trade Name

Trade Dress


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TRADEMARKS

A trade mark is any sign which can distinguish the goods

of one trader from those of another. Sign includes,

words, logos, pictures, or a combination of these.

A trade mark is used as a marketing tool so that

customers can recognize the product of a particular

trader.


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How to select a Trade Mark ?

1. A word, letter or any combination thereof and simple in design.

2. If it is a word it should be easy to speak, spell and remember.

3. The ideal word for a trade mark is an invented or coined word.

4. Words which are laudatory or which directly describes the

character or quality of the goods should not be adopted.

5. Geographical names connected with the reputation or quality of

the goods for which registration is sought should not be

adopted.


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Are all Trade Marks register able ?

Not possible to register a mark which is confusing

with a trade mark of another trader or a trade

mark which describes the character or quality of

the goods.

The mark should not conflict with a trade mark

already registered or pending registration in

respect of similar goods.


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A trade mark is granted protection on the basis of

First Adoption

First User

First Inventor

First Invention / Adoption/ User is superior then theRegistration

TRADE MARK ! WHO IS PROTECTED ?


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Benefits of intellectual property rights

Businesses with a defined IP strategy

Consumers

Creative individuals and entrepreneurs

Society and the economy benefit


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Valuation of IP

Valuation is the process of estimating the potential

market value of a financial asset or liability.

Measurement of IP - enables a more efficient

management of the company - i.e.

To understand where value lies in the company

To have a metric for assessing success and growth

To provide a basis for raising finance or loans


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CASE STUDIES

A)A)Bajaj Auto. Ltd. v/s TVS MotorCompanyBajaj Auto. Ltd. v/s TVS Motor Company

B)B) WIPRO

CC

L Ltd. v/s V3 Engineers Pvt. Ltd.WIPRO

CC

L Ltd. v/s V3 Engineers Pvt. Ltd.


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Bajaj Auto. Ltd. v/s TVS MotorBajaj Auto. Ltd. v/s TVS Motor

CompanyCompany

Events:-

2002- Applied for patent for DTS-i technology

2003- Bajaj Auto launches Bikes employed with DTS-i

tech under Trademark PULSAR

2005- Grant of Patent to Bajaj Auto

2007- TVS Motor Co. launches motorcycle under

trademark FLAME employing same DTS-i tech.


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2007- On Sept 1 & 3 Bajaj issues groundless threats to

dissuade TVS from launching FLAME

2007- October, TVS files suit against Bajaj Auto for

alleged threats and interfering with the launch of

FLAME and filed an application for the revocation ofBajajs patent before the INDIAN PATENT APPELLATE

BOARD

2007-Reply to TVS, Bajaj files a suit for permanent

injunction to restrain TVS from using ICT & marketing

the same for its 2/3 wheelers incl. FLAME


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2008- Madras High Court grants injunction and

restrains TVS from launch of its 125cc FLAME 2009- On May 18, TVS lodged appeal in front of

Division Bench and overturned Single Bench

order.

2009- Sept 16, Bajaj appeals in Supreme Court

which directs TVS to sell FLAME subject to an

record of sales under supervision of Madras High

Court Current Date- Case is still pending in Madras

High Court


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WIPROCCLG Ltd. v/s V3 Engineers Pvt. Ltd.

On 18 March 2011, WIPRO CCLG has filed case in city civil court,

Bengaluru against V3 Engg Pvt. Ltd. for infringement of their

registered designs.

Registered designs comprising of components and accessories of

modular office furniture range marketed by WCCLG under the

brand name I AM .

Copied essential and stand out features of their furniture range

to create similar looking furniture.


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CONCLUSION

Any branding done by company for its products

and/or services is privilege and not a right to

justify the same as these are framed and

granted under the IP laws and governed and

supervised by IP acts within constitutional

limits

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