Copyright, Patent & Trademark

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    COPYRIGHT, PATENT &

    TRADEMARK

    Presentation by Soorya, Utkarsh, Prabakarn

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    COPYRIGHT

    Copyright is a form of protection given to authors/creators

    of Original works

    Copyright is a legal concept

    Grants the creator of an original work Exclusive Rights to

    its Use and Distribution

    For a limited Period

    Enables the creator for intellectual wealth

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    Copyright Assumes supreme importance for Authors,

    Artists, Architects, Composers, Music production Companies

    and Producers, Film Production Companies, Computer

    Programmers and Designers

    If the period of Assignment is not stated, it shall be

    deemed to be five years from the date of assignment.

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    Its Valid from 21 January 1958

    Created Copyright Office and Copyright Board

    Introduced Civil and Criminal Remedies against

    infringement

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    Any person who knowingly infringes or abets the

    infringement of the copyright in any work commits criminal

    offence under Section 63 of the Copyright Act.The minimum punishment for infringement of copyright is

    imprisonment for six months with the minimum fine of Rs.

    50,000/-. In the case of a second and subsequent conviction

    the minimum punishment is imprisonment for one year and

    fine of Rs. one lakh.

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    PATENT

    The wordpatentoriginates from the Latin Word patere,

    which means "to lay open" (i.e., to make available for public

    inspection).

    The term Patent usually refers to the right granted to

    anyone who invents any new, useful, and non-obvious process,

    machine, article of manufacture, or composition of matter

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    A Patent is a statutory right for an invention granted for a

    limited period of time to the Patentee by the Government, in

    exchange of full disclosure of his invention for excluding

    others, from making, using, selling, importing the patented

    product or process for producing that product for those

    purposes without his consent

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    PATENT

    Patent is a set of Exclusive Rights Given by The

    Centralized Government to the Inventor or Assignee for a

    limited Period of time for Detailed Public Discloser of

    Invention That can be a Solution of a Technological Problem,

    a Process or a Product

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    PATENT CASES

    Apple vs HTC(March 2010 in the U.S)

    HTC Copied iPhone's user interface, underlying architecture and

    hardware

    Apple v. Samsung(Augest 2011)

    Again for Coping User Interface and Design

    India-US Basmati Rice Dispute(Late 1997)

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    TRADEMARK

    A Trademark is a is a recognizable Sign, Design or

    Expression Which Identifies The Product or Service of a

    Particular SourceThe Trademark Owner can be an Individual, Business

    Organization or any Legal Identity

    A trademark may be located on a Package, label, Voucher

    or on Product Itself

    For the Sake of Corporate Identity Trademarks are alsobeing Displayed on Company Buildings

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    The unauthorized usage of trademarks by producing and

    trading Consumer Goods is Known as Brand Piracy

    The owner of a trademark may pursue Legal Action

    The law considers a trademark to be a form of property

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    FAMOUS TRADEMARKS OFCOMPANIES

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    TRADEMARK MAY B E DESIGNATED

    BY THE FOLLOWING SYMBOLS

    The letters "TM is Used for a Unregistered Trademarks.

    It is Used to Promote or Brand Goods.

    The Letters SM is Used for a unregistered Service mark

    its is used to Promote or Brand Service

    The Letter R Surrounded by Circle is used for a Registered

    Trademark