Copyright, Patent & Trademark
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Transcript of 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