copyrights and trademarks - group 3

8/3/2019 Copyrights and Trademarks - Group 3

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LAB INSTITUTE OF MANAGEMENT TECHNOLOGYGHAZIABAD

PRESENTED BY:AASTHA GARG 10HR-001TRAPTI AGARWAL 10IB-060

MONISHITA CHANDRA 10IB-020PRATIK MITTAL 10DM-106PARV BANSAL 10IB-047VIKAS NANDAL 10IT-029


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opyright

Copyright Act, 1957

Copyright is a legal protection extended to the owner ofthe rights in an original work of creation. Copyrightprotects expressions and not the ideas. There is nocopyright in an idea.

Copyright comprises two main sets of rights:

1. The economic rights: Economic rights include theright of reproduction, broadcasting, publicperformance, adaptation, translation, publicrelation, public display, distribution and so on.

2. The moral rights: Moral rights include the authors

right to object to any distortion, mutilation or other

modification of his work that might be prejudicial to


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Copyright subsists in the following classes of works:

Original literary, dramatic, musical and artistic works

Cinematograph films

Sound recordings

The original creators of works protected by copyright, as also

their legal heirs have certain basic rights. They hold theexclusive

right to use or authorize others for use of the copyrighted

material

opyright


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The creator of the right can prohibit or authorize:

Reproduction in various forms such as printed publicationor sound recording

Public performance as in a play or musical work

Recordings in a disc or cassette

Broadcasting by radio, cable or satellite

Translation into other languages

opyright


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The period of Copyright protection in India is60 years.

In the case of original literary, dramatic, musical

and artistic works the 60-year period is countedfrom the year following the death of the author.

In the case of cinematograph films, soundrecordings, photographs, posthumouspublications, anonymous and pseudonymouspublications, works of government and works ofinternational organizations, the 60-year period is

counted from the date of publication.

opyright


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REQUIREMENTS FOROPYRIGHT

Requisites for filing a copyright application

Name, address and nationality of the applicant

Name, address and nationality of the author of

the work

Nature of applicants interest in the copyrighti.e. OWNER / LICENSEE etc.

Title of the work A declaration signed by the author (if different

from the applicant)

Language of the work


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Whether the work is published or unpublished

If the work is published, year and country of firstpublication and name and nationality of the

publisher

Year and countries of subsequent publications, ifany

Name, address and nationality of any other personauthorized to assign or license the rights in thecopyright

Power of attorney for the firm

Six hard copies of the work and three soft copies

REQUIREMENTS FOROPYRIGHT


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The application with complete details and copiesof the work is filed

Thereafter, the application is examined andobjections, if any, are raised, or any extradocuments required are requested

A response has to be filed within 30 days

The certificate is issued by the copyright officeafter the objections, if any, are removed to thesatisfaction of the Copyright Registry.

PROCEDURE FOROPYRIGHT


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Copyright infringement (also known as piracy) is theunauthorized use of copyrighted material in a mannerthat violates one of the copyright owner's exclusiverights, such as the right to reproduce or perform the

copyrighted work, or to make derivative works that buildupon it.

Huge number of infringements are seen in the MusicIndustry today.

the Copyright (Amendment) Act, 1994 clearly explainsthe rights of Copyright holder, position on rentals ofsoftware, the rights of the user to make backup copiesand the heavy punishment and fines on infringement of

Copyright of software. It also makes it illegal to make or

OPYRIGHT INFRINGEMENT


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3 Idiots was one of the biggest news for copyright

infringement but later on no legal action was takeneither by the author or by the director

A & M Records v/s NapsterStealing music and making it available to people

worldwide

Napster apologized and folded the sitePaid 26 million as penalty to music companies

and song writers

OPYRIGHT INFRINGEMENT


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TRADEMARK

A trademark is a distinctive sign or indicator used by anindividual, business organization, or other legal entity toidentify that the products or services to consumers with whichthe trademark appears originate from a unique source, and to

distinguish its products or services from those of other entities. A trademark is typically a name, word, phrase, logo, symbol,

design, image, or a combination of these elements.

"Trademark includes any device, brand, label, name,

signature, word, letter, numerical, shape of goods, packaging,colour or combination of colours, smell, sound, movement orany combination thereof which is capable of distinguishinggoods and services of one business from those of others. It

must be capable of graphical representation and must beapplied to goods or services for which it is registered.


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A trademark may be designated by the followingsymbols:

(for an unregistered trade mark, that is, a

mark used to promote or brand goods)

(for an unregistered service mark, that is, amark used to promote or brand services)

(for a registered trademark) There are 2 types of trademarks:

Registered Trademarks

Unregistered Trademarks

TRADEMARK
http://en.wikipedia.org/wiki/Trademark_symbolhttp://en.wikipedia.org/wiki/Service_mark_symbolhttp://en.wikipedia.org/wiki/Registered_trademark_symbolhttp://en.wikipedia.org/wiki/Registered_trademark_symbolhttp://en.wikipedia.org/wiki/Service_mark_symbolhttp://en.wikipedia.org/wiki/Trademark_symbol


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INDIA AND TRADEMARKS

The Trade Marks Registry was established inIndia in 1940 and presently it administers theTrade Marks Act, 1999 and the rules there under

It acts as a resource and information centre and isa facilitator in matters relating to trade marks inthe country

The objective of the Trade Marks Act, 1999 is toregister trade marks applied for in the country andto provide for better protection of trade mark forgoods and services and also to prevent fraudulent

use of the mark


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Name, address and nationality of the applicant

Trading Style of the Applicant

Mention the type of firm of the Applicant ( Sole

proprietor/Partnership/Public Ltd. company/PrivateLimited company)

Trademark

Mention the goods and services for which the

mark has been proposed to be registered Date of first use of the mark in India

Mention priority details

INDIA AND TRADEMARKS


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EGISTERED


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EGISTEREDTRADEMARK

Registered with national trademark office

Symbol circled R

Lasts for lifetime provided it is in continuous use fortrade. It needs to be registered every 10 years

Disney.com and Dsiney.com

BENEFITS OF EGISTERED


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BENEFITS OF EGISTEREDTRADEMARK

A trademark is a sign of serious commercial intentand protects/increases the goodwill of the owners

business

It is seen as an evidence of ownership

A trademark gives the owner legal recourse againstillicit use

EGISTERED


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Band-Aid

McDonalds

Vaseline

Wal-Mart

Microsoft

and many more.

EGISTEREDTRADEMARK

UNREGISTERED


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UNREGISTEREDTRADEMARK

An unregistered trade mark is a trademark whichdoes not benefit from the protection afforded totrade marks through registration.

It does not posses legal benefits It can include symbols, marks, logos etc.

Not used in relation to goods and services

Owner can take action against any person forpassing off goods as the goods of another personor as services provided by another person

They are protected by PASSING OFF

TRADEMARK


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TRADEMARKINFRINGEMENT Infringement occurs when someone else uses a

trademark that is same as or similar to your registeredtrademark for the same or similar goods/services.

Trademark infringement claims generally involve theissues of likelihood of confusion, counterfeit marks anddilution of marks.

Likelihood of confusion occurs in situations where

consumers are likely to be confused or mislead aboutmarks being used by two parties.

The plaintiff must show that because of the similarmarks, many consumers are likely to be confused or

mislead about the source of the products that bear

TRADEMARK


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TRADEMARKINFRINGEMENT

GAP v/s gapnote

High street retailer Gap has decided to sue thesocial networking startup Gapnote, citing the latter

intention to deceive consumers and generateinterest in its own social media and networkingsite

The clothes retailer has demanded the cessationof the use of the word 'gap' by the website

DIFFERENCES BETWEEN
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DIFFERENCES BETWEENCOPYRIGHT AND TRADEMARK

Copyright Trademark

Kind ofWork

Protection that coversworks of art and similarthings

Protects a name brand orlogo that is used in acommercial application

Duration Lifetime of owner and60 years after his/herdeath

Registration done for 10yrs

Renewal Cannot be renewed Need to be renewed every

10 yrs provided it iscontinuously used

Registration Fee

Small Substantial

Registrat Short Much Longer
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copyrights and trademarks - group 3

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