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Thrust is the force which moves any aircraft through the air. Propulsion system is the machine that produces thrust to push the aircraft forward through air. Different propulsion systems develop thrust in different ways, but all thrust is generated through some application of Newton's third law of motion. A gas (working fluid) is accelerated by the engine, and the reaction to this acceleration produces the thrust force. Further, the type of power plant to be used in the aircraft depends on four important factors, namely: the aircraft mission, over all weight, flying range and endurance and altitude of flight. This assignment work was partitioned into three different parts (A, B and C respectively). In Part-A, a debate was made on the viability of implementation of twin engine propulsion system for long range civil aircrafts. Logical arguments based on literatures collected from various internet and text book sources were made and the conclusion of the usage of twin engine propulsion system for long range civil aircrafts was drawn. In Part-B, for the given mission of the aircraft, suitable power plant was chosen (Turbo fan engine) and corresponding cycle analysis calculations was done. The calculations were repeated for a range of flying altitudes and performance plots drawn were critically examined. Also, for the given Turbo prop engine data, cycle analysis calculations were done. The calculations were repeated for a set of Mach numbers and performance plots drawn were critically examined. The different engine installation techniques for a turboprop engine was also discussed. In Part-C, flow over an axial gas turbine cascade was analysed in Ansys-FLUENT software package. The blade geometry was created in Ansys-BladeGen and then imported to CATIA to create the flow domain. Meshing of the geometry was done in Fluent-ICEMCFD. The total momentum thrust and propulsion efficiency for the selected turbofan engine for the extreme altitudes of 4km & 18km was estimated as 73541N & 9375N and 47% & 40% respectively. The percentage of cold thrust generated at 4km & 18km was 60% & 45% respectively. Both momentum thrust and propulsion efficiency of the engine was observed to decrease with increase in altitude. The propeller thrust and power for the given turboprop engine for flight Mach corresponding to 0.1 & 0.8 was estimated to be 191669N & 25546N and 6074467W & 6477144W respectively. With increasing Mach number of flight, propeller thrust and power was observed to decrease and increase respectively. For the flow analysis over the axial turbine cascade, maximum static pressure value occurs for +150 (2.67*105 Pa) and minimum for 00 (2.5*105 Pa) flow incidence angles respectively. The maximum Mach number value occurs for +150 (1.89) and minimum for -150 (1.57) flow incidence angles respectively. Further the pressure loss was observed to be minimum for -150 (0.1118) flow incidence angle and maximum for +150 (0.2538) flow incidence angle.
Citation preview
7/17/2019 FET501_FAD501_FSH501_08_02 IPR
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©M. S. Ramaiah University of Applied Sciences
1Faculty of Management and Commerce
Module Code: FET501/FAD501/FSH501
Module:
Principles of Management and Soft Skills Development
Session Delivered By:
Prof. H.N. NageshaEmail: [email protected]
Session_08_02: Intellectual Property Rights
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©M. S. Ramaiah University of Applied Sciences
2Faculty of Management and Commerce
Session Objectives
At the end of this session, students will be able to:
• Explain concepts and importance of Intellectual Property Rights
(IPR)
• Explain key features of Patents Act, Designs Act, Copyrights Act,
Trade marks Act and Geographical Indications
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©M. S. Ramaiah University of Applied Sciences
3Faculty of Management and Commerce
Session Contents
• Intellectual Property Rights
• Patents
• Designs
• Copyrights Act• Trademarks Act
• Geographical Indications
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©M. S. Ramaiah University of Applied Sciences
4Faculty of Management and Commerce
Intellectual Property Rights
Property: Works on the principle of exclusion
• It allows the owner, enjoyment without interference
• Owner can use it, gift it sell it or destroy it
Types of property: Moveable and Immovable property
• Intellectual property is intangible
• It can create useful and valuable things – idea can be used to
create property
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©M. S. Ramaiah University of Applied Sciences
5Faculty of Management and Commerce
Intellectual Property Rights
• Intellectual property (IP): Refer to a number of distinct types
of creations of the mind for which a set of exclusive rights
are recognized and the corresponding fields of law
• Owners are granted certain exclusive rights to a variety of
intangible assets
Ex: Musical, literary, and artistic works; discoveries and
inventions; and words, phrases, symbols, and designs
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6Faculty of Management and Commerce
Intellectual Property Rights
• India is a signatory of Trade-Related aspects of Intellectual
Property rights (TRIPs) in the Uruguay Round agreement
of 1995
• India is now bound to amend existing laws in order to
make it to make it TRIPs-compliant
• The government has initiated action to bring in the
requisite changes
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7Faculty of Management and Commerce
Intellectual Property Right
• India has enacted fully TRIPs-compliant Trademarks Act,
Copyright Act, Designs Registration Act, Geographical
Indications Act and Protection of Layouts for Integrated
Circuits Act
• A Novel Plant Varieties Protection and Farmers Rights Act
2001 and the Bio-diversity Act 2002 are also in Place
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8Faculty of Management and Commerce
Common types of intellectual property rights are:
• Patents
• Industrial design rights
• Copyrights
• Trademarks
• Trade secrets in some jurisdictions
Intellectual Property Rights
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9Faculty of Management and Commerce
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1Faculty of Management and Commerce
For Most Products Every Form of Intellectual
Property Rights Can be obtained
CAMERA
“PATENT” For every individual improved mechanism
“DESIGN” For outer shape & Contour / Configuration
“TRADE MARK”
Brand name or Logo for goods denoted as ®
“COPY RIGHT” For Instruction / manual booklet denoted as ©
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1Faculty of Management and Commerce
CD Player
Industrial design
protection for 3D
shape
Brand name-
registered undertrademark
Music played on the CD
player is protected by
copyright
Technical parts &
mechanisms can be protectedunder Patents
For Most Products Every Form of Intellectual
Property Rights Can be obtained
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1Faculty of Management and Commerce
Pressure
Cooker
“PATENT” For every individual improved mechanism
“DESIGN” For outer shape & Contour/Configuration
“TRADE MARK” Brand name or Logo for goods denoted as ®
“COPY RIGHT” For Instruction/Manual booklet denoted as ©
For Most Products Every Form of Intellectual
Property Rights Can be obtained
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1Faculty of Management and Commerce
Patents
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1Faculty of Management and Commerce
• Inventions are subject matter of patents
• The Patents Act, 1970: Deals with the patenting
• Patenting process:
A person applies to the controller of Patents
The Controller checks for claim with respect to novelty
and usefulness of ideas and other requirement of the
Law
The person gets a patent right for certain period
Exclusive right to use invention
Patents
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©M. S. Ramaiah University of Applied Sciences
1Faculty of Management and Commerce
Patent Grant Procedure
Filing of patent application
Publication after 18 months
Pre Grant Opposition /
Representation by any person
Request for examination
Examination: Grant or Refusal
Publication of Grant of patent
Post Grant Opposition to grant of patent (Constitutionof Opposition Board)
Early Publication
Decision By Controller
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©M. S. Ramaiah University of Applied Sciences
1Faculty of Management and Commerce
Anatomy of a Patent
Title, Inventors, Assignees, Date of filing, Date of Publication, Date of Grant,
International Classification, National Classification Application number, PatentNumber; Abstract
Background of The Invention
Description of The Prior Art
Summary of The Invention
Brief Description of The Drawings
Detailed Description
Preferred Embodiments
Claims
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©M. S. Ramaiah University of Applied Sciences
1Faculty of Management and Commerce
Organization Structure – IP Offices
Ministry of Industry &Commerce
Office of the Controller General of Patents, Designs
And Trademarks
Designs wing(Kolkata)
Patent office( Kolkata, Delhi,
Mumbai,Chennai)
Trade MarksRegistry
( Kolkata, Delhi,Mumbai,
AhmadabadChennai)
GeographicalIndications
Registry( Chennai)
PatentInformation
Service( Nagpur)
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©M. S. Ramaiah University of Applied Sciences
1Faculty of Management and Commerce
•
Patentee: A person in whose favour a patent is granted
• A patentee can use, sell to another person, or grant a
license to use the patent to others
• Any use without license or authorisation from patentee is
an infringement
• The patentee can move the court to restrain the violator
and claim damages
Patents
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©M. S. Ramaiah University of Applied Sciences
1Faculty of Management and Commerce
•
What can be Patented?
• An invention can be patented
• For an idea to qualify as an invention, it has to fulfill the
requisites of:
Novelty or inventiveness
Non-obviousness
Usefulness
Patents
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©M. S. Ramaiah University of Applied Sciences
2Faculty of Management and Commerce
•
An invention can be either a process or of a product
• Product: a watch, cycle, car, a television, or a new
antibiotic
•Process: The process of making a chemical/medicine can
be an invention
Product V/s Process Patents
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©M. S. Ramaiah University of Applied Sciences
2Faculty of Management and Commerce
•
Section 5 of Act, do not permit patents in case of certainproducts
i. Substances intended to use, or capable of being used, as food or
medicine or drug
ii. Relating to substance prepared or produced by chemical
processes
• A person cannot apply for patents of substance, but apply
for the methods or process of manufacturing
Product V/s Process Patents
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©M. S. Ramaiah University of Applied Sciences
2Faculty of Management and Commerce
Options Available to the IPR Holder
• Exploit the IPR himself/herself
• License the IPR to another party or Barter Rights
• Cross License for mutually independent working and / or
collaborative working
• Assign the IPR to another party (s) for an appropriate return
• Establish a franchise system involving other parties
• Take action against those who infringe his rights
• Let the rights selectively lapse in certain countries
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©M. S. Ramaiah University of Applied Sciences
2Faculty of Management and Commerce
Calvin Klein Inc. signed a licensing deal with an affiliate of Italian manufacturer
Fingen SpA to reintroduce CK Calvin Klein clothing line and accessories in Europeand the Middle East starting next spring.
Source: fashiongates.com
Hello Kitty's parent company, Sanrio, signed a licensing deal with powerhouses
Judith Leiber and Kimora Lee Simmons to produce a luxury accessory collection
of the girls' icon
Hello Kitty – New Jewellery Collection by Kimora Lee Simmons and
Judith Leiber
Calvin Klein Expands Bridge Business
Options Available to the IPR Holder
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©M. S. Ramaiah University of Applied Sciences
2Faculty of Management and Commerce
German luxury automaker Porsche and its licensing and tradingcompany Porsche Lizenz- und Handelsgesellschaft mbH & Co KG
(PLH) intend to push the worldwide expansion of the Porsche
Design brand and to introduce a new store concept along with
new licenses, including men’s sportswear line
Expectations High for Beyonce`s Ready-to-Wear Line
International film and recording star, Beyonce Knowles, entered into a
joint venture with Arthur and Jason Rabin to provide the infrastructure
for licensing and brand management to the new Beyonce fashion label
Source: fashiongates.com
PLH Plans Worldwide Expansion of Porsche Design
Options Available to the IPR Holder
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©M. S. Ramaiah University of Applied Sciences
2Faculty of Management and Commerce
Patents Not Only For Major Technological
Breakthrough
Even for any small ‘ incremental ’ inventions
• LAZLO biro’s - ball point pen
• Ring – pull for cans of beverages
Individuals OR Companies-normally do not clearly recognize the “TRUE
MARKET VALUE’ for a particular Invention
• Anti theft device for motor cars-wheel clamp
• Tetra pack style of cartons for milk & fruit juice
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©M. S. Ramaiah University of Applied Sciences
2Faculty of Management and Commerce
• Company could get a patent right in India and do not produce
or give license to anyone to produce in India
• Result: India may have to import at high cost
• India’s industrial development would be slowed down, result
in draining of the foreign exchange
• Company could curtail availability, control price and earn huge
profits
• After three years, any person could make an application for
compulsory licensing
Compulsory Licensing
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©M. S. Ramaiah University of Applied Sciences
2Faculty of Management and Commerce
• Applicant has to establish that ‘reasonable requirement of
the public have not been satisfied or the prices charges are
unreasonable’
• Inventions deemed for ‘Licenses to Right’ after 3 years are:
Substances used as food/ medicines/ drug
The manufacturing methods/ processes
Compulsory Licensing
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©M. S. Ramaiah University of Applied Sciences
2Faculty of Management and Commerce
Designs
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©M. S. Ramaiah University of Applied Sciences
2Faculty of Management and Commerce
Designs
• The existing legislation on industrial designs in India is
contained in the New Designs Act, 2000
• India had achieved a mature status in the field of industrial
designs
• The present legislation is aligned in view of the changed
technical and commercial scenario and made to conform to
international trends in design administration
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©M. S. Ramaiah University of Applied Sciences
3Faculty of Management and Commerce
Designs
The protection is only for the appearance of the
article and not how it works
Design registration is intended to protect designs
which have an industrial or commercial use
Duration of protection is initially for 10 years and
extendable for another term of 5 years
Designs of stamps, labels, tokens, cards, cartoons,
or parts of an article not sold separately, cannot be
registered
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©M. S. Ramaiah University of Applied Sciences
3Faculty of Management and Commerce
Copyrights
• India has a very strong and comprehensive copyright law -
Indian Copyright Act, 1957
• The amendment in 1994 were a response to technological
changes
• Major Areas:
– Communications (broadcasting and telecasting)
– The emergence of new technology (computer software)
h
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©M. S. Ramaiah University of Applied Sciences
3Faculty of Management and Commerce
Copyrights
• The Act list wide areas of expressions – art, literature, music,
and film which can be copyrighted
• The copyrighting is in favour of author/creator
• The Act provides mechanism to registering work with the
government for extended protection
• The Act prohibits the copying or reproduction of copyrighted
material
• Unauthorized user can be prosecuted
C i h
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©M. S. Ramaiah University of Applied Sciences
3Faculty of Management and Commerce
Copyrights
• The 1999 amendments have made the Copyright Act fully
compatible with TRIPS
• The amended law has provisions to protect performers’ rights
as envisaged in the Rome Convention
• The Indian Copyright law is one of the most modern copyright
laws in the world
C i ht
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©M. S. Ramaiah University of Applied Sciences
3Faculty of Management and Commerce
Copyrights
• Important requirement is that the work must be original
• Without copyright protection, any one could copy another’s
work and become owner of the work
• The copyright is not related to not ideas, but to their
expressions
• Expressed in a tangible form
•
Expressed in sentences, paragraphs or a novel – literary workto be written or musical work recorded
C i ht
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©M. S. Ramaiah University of Applied Sciences
3Faculty of Management and Commerce
Copyrights
• Author: is a person who creates the work and owns it
• Employer: Have the ownership on a work produced by an
author under a ‘contract of service or apprenticeship’
•
A person who commissions another to take a photo, draw apainting will be the owner
• Musical work: composer is the owner
•Film and sound recording: producer is the author
C i ht
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©M. S. Ramaiah University of Applied Sciences
3Faculty of Management and Commerce
Copyrights
Territorial limitationsA copyright arises in the following cases:
i. The work is first published in India
ii. The work is first published outside India, but the author is a citizen of India
iii. In case of unpublished work, the author is, at the date of making work, a
citizen of India or domiciled in India
iv. In case of an architectural work of art, the work is located in India
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Copyrights
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©M. S. Ramaiah University of Applied Sciences
3Faculty of Management and Commerce
Copyrights
Rights of Owner
• The Act grants exclusive rights to the owner of a copyright in a
cinematograph film:
i. To make copies of the film
ii. To communicate the film to the public, by broadcasting or other
means
• Records: similar rights have been granted
•Computer softwares: are covered under the head ‘literary, dramatic and
musical work’. Author can ‘sell or give on commercial rental’
Copyrights
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©M. S. Ramaiah University of Applied Sciences
4Faculty of Management and Commerce
Copyrights
Activities which are not Copyright Violations
i. A fair deal for the purposes of private use, research, criticism or review
ii. A fair deal for the purposes of reporting current events in a newspaper,
magazine or periodicals
iii. For the purposes of state or functioning of law, judicial proceedings
iv. Reading or reciting in public
v. Publication of short passages, for educational purposes
vi. By teacher or pupil in the course of instruction
Copyrights
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©M. S. Ramaiah University of Applied Sciences
4Faculty of Management and Commerce
Copyrights
Activities which are not Copyright Violations
vii. Making upto three copies of book for a public library, if such book is not
available for sale in India
viii. Reproduction or publication of any matter published in official gazettes, Acts
enacted by the Parliament or State Legislatures
ix. Reproduction or publication of any committee, commission, council
appointed by the legislatures, unless the government has prohibited it
x. Reproduction or publication of any judgment or order of a court, tribunal, or
other judicial authority, unless it has been prohibited by the court
Copyrights
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©M. S. Ramaiah University of Applied Sciences
4Faculty of Management and Commerce
Copyrights
Duration of Copyright Protection
• Literary, dramatic, musical or artistic work: when published during life time
of the author, copyright subsists during the lifetime of the author + for the
next sixty years from the death of the author
• Joint authors: 60 years to be counted after the death of author who dies
last
• Work which is anonymous or pseudonymous copyright: 60 years from the
date of publications
• Photographs and films: for a period of sixty years from the date its
publications
Copyrights
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©M. S. Ramaiah University of Applied Sciences
4Faculty of Management and Commerce
Copyrights
Broadcast Reproduction Rights
• No person can re-broadcast a broadcast
• Ex- If a television channel is broadcasting a sport event, no other
broadcaster can, without licence from the owner, can record or take the
feed and broadcast it
• No person can make a recording of a broadcast
• No person is to sell or hire a broadcast without licence from the owner
• Exceptions: private use, reporting in current events, or for the review,
teaching and research
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Copyrights
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©M. S. Ramaiah University of Applied Sciences
4Faculty of Management and Commerce
Copyrights
Registration of Copyrights
• While applying for registration details required are - All the
details of the work, as contained in the rules
• To submit a copy of work
• The Registrar receives application, also receives objections on
the applications, examines correctness of the information
• Upon satisfaction, work is registered and certificate issued
Copyrights
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©M. S. Ramaiah University of Applied Sciences
4Faculty of Management and Commerce
Copyrights
Copyright Infringement
Infringement include a person:
i. Copying or reproducing a work
ii. Who commercially deals in, by selling, hiring or importing a
pirated CD
iii. Permits for profit, the use of place for communication of the
copyright work to the public
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©M. S. Ramaiah University of Applied Sciences
4Faculty of Management and Commerce
Fryett’s Fabrics Settles Hathi Design Infringement Claim Against
Natural World
• Tessitura A R Export SRL manufactured for Fryett’s, as exclusive distributor,
a distinctive cushion panel design known as Hathi, marketed by Fryett’s
within its Porter & Stone collection from June 2000
• By mid 2002 Fryett’s had sold over 45,000 metres of Hathi
• Natural World then began to sell a similar design marketed as Festival
Elephant at prices which undercut the Hathi product
• Fryett’s filed suit against Natural World alleging infringement of copyright
and seeking an Injunction and damages
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©M. S. Ramaiah University of Applied Sciences
4Faculty of Management and Commerce
Natural World’s
Festival ElephantFryett’s Hathi
Decision in Favour of Fryett: Payment of £55,000, together with undertakings from Natural
World to withdraw its Festival Elephant cushion and to deliver up all residual stocks of that
design to Fryett’s.
Fryett’s Fabrics Settles Hathi Design Infringement Claim Against
Natural World
Y S i t L t R l h L
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• In 1970, the French designer Yves Saint Laurent (YSL) created and
successfully marketed a long black sleeveless tuxedo-like evening dress,
which the YSL fashion house reintroduced in their 1992 collection.
• Ralph Lauren was selling a similar version of the dress in their 1992
collection.
• YSL brought suit against Ralph Lauren under copyright infringement,
design infringement and unfair competition.
Yves Saint Laurent vs Ralph Lauren
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©M. S. Ramaiah University of Applied Sciences
5Faculty of Management and Commerce
Trade Marks
T d k
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©M. S. Ramaiah University of Applied Sciences
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• A Trademark 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
Trademarks
Trademarks
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• A trade mark is used as a marketing tool so that customers can
recognize the product of a particular trader
• To register a trade mark, the mark must be:-
Distinctive, and, not deceptive, or contrary to law or
morality, and, not identical or similar to any earlier marks
for the same or similar goods
Trademarks
Selecting a Trademark
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1. A word, letter or any combination thereof and simple indesign
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 thecharacter 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.
Selecting a Trademark
Registration of a Trademark
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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
Registration of a Trademark
Trademarks
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©M. S. Ramaiah University of Applied Sciences
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• “ A merchant who affixed a mark on his goods obtained a
property right in the mark which he so fixed and the
property thus acquired like all other property, was under
the protection of law and for the invasion of the right of
the owner of such property”
Trademarks
Trademarks
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•
“A trader acquired a right of property in a distinctive mark
merely by using it upon or in connection with his goods,
irrespective of the length of such user and of the extent of his
trade and that such right of property would be protected by an
injunction restraining any other person from using the mark”
Trademarks
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The Act of 1999
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•
The Act has 34 classes of goods and 7 classes of services• The services covered banking, communication, education,
financing, insurance, chit funds, real estate, transport, storage,
material treatment, processing, supply of electrical or other
energy, boarding, lodging, entertainment, construction,
amusement, repair, conveying of news or information and
adverting
The Act of 1999
The Act of 1999
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• The duration of validity of trade mark is 10 years
• A single application can be made for registration in more
than one class
• The definition of a ‘trade mark’ may include the shape of
the goods, their packaging, and the combination of colors,
so long as the mark is capable of distinguishing the goods
and services of one from the goods and services of another
The Act of 1999
The Act of 1999
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•
An association can get a mark distinguishing the goods andservices of its members, registered as a collective mark
• Expansion of the meaning of Trademarks Infringement:
Protection is applicable for similar goods, dissimilar goods, and
business name of the firm
• Protection is applicable to existing foreign trademarks and well
known trademarks
The Act of 1999
Tommy Hilfiger Licensing Inc. vs. Nature Labs LLC
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The US District Court in New York dismissed Tommy Hilfiger Licensing Inc's suit
finding that "Timmy Holedigger", Nature Labs perfume for dogs, does not
infringe on the fashion designer and cologne maker's trademark.
Nature Labs sells its perfumes in pet and novelty stores,packaged in batches of three similar bottles,
bearing slogans like "strong enough for a man,
but made for a chihuahua." `
Tommy Hilfiger Licensing Inc. vs. Nature Labs LLC
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• The Court ruled that the perfume, called Timmy Holedigger, could not under
any circumstance be confused with Tommy Hilfiger cologne, nor could it be seen
as a competing product trading on the designer's good will.
• Besides, Nature Labs LLC, sells numerous other parody fragrances for pets,
including Pucci (Gucci), Bono Sports (Ralph Lauren's Polo Sports) and Miss
Claybone (Liz Claiborne).
• The Court observed that the other trademark holders have accepted the parody
and not challenged Nature Lab's Trademarks.
y g g
Trademarks Infringement
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Consumption Daily 6/29/2004
Beijing – 50,000 Counterfeit LV Bags Destroyed
The local Technical Supervision Bureau (TSB) in Beijing destroyed 50,000 Louis
Vuitton bags, worth RMB5 million
LV’s agent in China witnessed the destruction of the seized bags
China Intellectual Property News 7/3/2004Guangdong – Biggest Trademark Infringing Case
Guangdong AIC recently released information on a trademark infringing case
with an estimated total value of RMB11 million
The infringing products seized were mainly sportswear labeled “NIKE,”
“Adidas,” and other brands
Some of the infringing shoes included “NIKE” designs that are scheduled to be
launched in 2005.
Gillette
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©M. S. Ramaiah University of Applied Sciences
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• Manufacturers of male and female grooming products,
writing instruments and correction products, tooth
brushes, oral care appliances, and alkaline batteries
• Products include blades, razors, shaving preparations and
hair epilating devices among others
Gillette
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©M. S. Ramaiah University of Applied Sciences
6Faculty of Management and Commerce
• Internationally recognised brand names such as BRAUN, PARKER
PEN, WATERMAN, LIQUID PAPER, ORAL B, DURACEL,...
• Flagship Brand .. GILLETTE
• Products protected and nurtured by Trademarks in various parts
of the world
Gillette
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Gillette Company Asset Values (US $ million)
Value ($m)
Total (%)
Working Capital
Fixed/Other AssetsIntangible Assets(est. 10% of TIC)Intellectual Property
2,850
5,1315,854
44,700
4.9
8.810.0
76.3
Total Invested Capital(TIC) 58,535 100.0
Source: PRICEWATERHOUSE COOPERS publication “ Valuation of Intellectual Property”
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Geographical Indications
Geographical Indications
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©M. S. Ramaiah University of Applied Sciences
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• An indication used to identify agricultural, natural or
manufactured goods originating from a definite territory in
India
• It should have a special quality or characteristics or reputation
based upon the climatic or production characteristics unique to
the geographical location.
• Ex: Darjeeling Tea, Kanchipuram Silk Saree, Alphonso Mango,
Nagpur Orange, Kolhapuri Chappal, Bikaneri Bhujia, ..
Geographical Indications
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• TRIPS provisions - For reciprocal protection; protection in the
country of origin is must
• Cases like Turmeric, Neem and Basmati
• India enacted the Geographical Indications of Goods
(Registration & Protection) Act, 1999 (with effect from 15th
September 2003)
Geographical Indications
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• Any association of persons, producers, organization established
by or under the law can apply representing & protecting the
interests of the producers
• The registration of a GI: Ten years
• Renewal is possible: Further periods of 10 years each
Geographical Indications
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©M. S. Ramaiah University of Applied Sciences
7Faculty of Management and Commerce
• Trade mark:
A sign used in the course of trade
Distinguishes goods or services of one enterprise from
those of other enterprises
• Geographical Indication:
Used to identify goods having special characteristics
originating from a definite geographical territory
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Summary
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• Options available for parent holder: Exploit the IPR
himself/herself, License the IPR to another party or Barter
Rights, Cross License for mutually independent
• Design: The protection is only for the appearance of the
article and not how it works
• Wide areas of expressions – art, literature, music, and film
which can be copyrighted
Summary
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©M. S. Ramaiah University of Applied Sciences
7Faculty of Management and Commerce
• A Trademark is any sign which can distinguish the goods of one
trader from those of another
• Geographical indication: used to identify agricultural, natural or
manufactured goods originating from a definite territory in
India
• GI should have a special geographical location quality or
characteristics or reputation - Darjeeling Tea, Kanchipuram Silk
Saree, Alphonso Mango, Kolhapuri Chappal, Bikaneri Bhujia, ..