INTELLECTUAL PROPERTY

LAW
SUBMITTED TO:
MAHARSHI DAYANAND UNIVERSITY, ROHTAK

SUBMITTED BY:
AJAY TYAGI
B.A.LLB. (HONORS)
10th SEMESTER
ROLL NO. 3107
 BASIC CONCEPT OF
INTELLECTUAL PROPERTY LAW
 OBJECTIVE AND
CONTENTS
DEVELOPMENT
 TYPES OF IP's
 COPY RIGHT
 TRADE MARK
 PATENT
 INFRINGEMENT
 CASE STUDY
 CONCLUSION
01 CONCEPT OF INTELLECTUAL PROPERTY
01 CONCEPT OF INTELLECTUAL PROPERTY

 Intellectual Property is a property that arises from

the human intellect. It is a product of human
creation.
 Intellectual Property comprises 2 distinct forms:
* Literary & Artistic Works
* Industrial Property
DISTINCT FORMS OF INTELLECTUAL PROPERTY

“Literary and
Industrial Property
Artistic Works”
• books, Industrial Property
• paintings, describes physical
matter that is the
• musical compositions,
product of an idea or
• plays, movies, concept for commercial
• radio/tv programs, purposes.
• performances, & other artistic
works.
02 OBJECTIVE AND DEVELOPMENT
 OBJECTIVE OF INTELLECTUAL PROPERTY

• Helps the WIPO to

• Financial Incentive
build a
cooperative
• Economic Growth
relationship with
• Conclude
the WTO
• Eliminate or agreements that
prevent seek to protect
and enforce IP
discrimination in
rights covering
matters that new & upcoming
affect the technologies &
availability, new
 DEVELOPMENT OF INTELLECTUAL PROPERTY

• East India Company extended

Part 1
to India the English Copyright
Act of 1872.

Part 2
• WIPO ( World Intellectual
Framewo
Property Organization ) was
rk
established by the WIPO
Convention in 1967
Part 3  It promote the
protection of IP
throughout the world.
 Its headquarters are
in Geneva,
03 TYPES OF INTELLECTUAL PROPERTY
 TYPES OF
PATENT IP's COPYRIG
• A patent •
HT
It is a right which
describes an Grants protection to
the unique expression
invention for of Ideas.
which the TRADEMARK
symbol, logo, word,
inventor claims sound, color,
design, or other
the exclusive device that is used
right. to identify a
business or a
product in
commerce.
Different Symbols
are :
 MAJOR TYPES OF IP's
Functional & Technical Inventions
• Patents Act, 1970
Amended
in 1999 & 2005

Purely Artistic
works
A symbol, logo, word, sound, color, design, etc.
• Copyright Act, 1957
Amended in1982, 1984, 1992,
1994 & 1999
04 INFRINGEMENT
INFRINGEMENT
 Any reproduction,
use , distribution,
performance, etc. of
the work without
the permission of
the owner.
 An identical or
substantial similar
reproduction is also
covered
 Infringement –
Damages -
Injunction
REMEDIES FOR PATENT INFRINGEMENT
• A suit can lie in the
District or High court ,
• It may issue an
injunction either to
prevent the infringer
from any further use &
award damages to the
patent owner or will
pay the patent owner
royalties for further
APPLE SUED HTC OVER iPHONE PATENTS
•Apple sued phone maker HTC and
has filed a complaint with the U.
S. International Trade Commissio
n, alleging that the Taiwanese c
ompany is infringing 20 Apple pa
tents related to the iPhone
•Steve Jobs, Apple's CEO, said in
a statement "We think competiti
on is healthy, but competitors
should create their own origina
l technology, not steal ours."
REMEDIES FOR TRADEMARK INFRINGEMENT

• A suit can lie in

District or High
court
• Punishment extends f
rom 6 months to 3 ye
ars A permanent bans
on engaging in comme
rcial activities
EXAMPLES OF SUCCESSFUL CIVIL ENFORCE
MENT
 3 suits filed by Adidas Salo
man AG in the Delhi High Cou
rt against counterfeiters

 At the initial stage, infrin

ging goods were seized by th
e Local Commissioner

 Cases were decreed recently

& damages of Rs. 15 lakhs wa
s awarded to Adidas Saloman
REMEDIES FOR COPYRIGHT INFRINGEMENT

A suit can lie in the

district court or in a
high court u/s 63 of t
he copyright act, 1957
 Punishable with
• imprisonment upto 3 y
ears and fined as per
the claims.
Ritika Limited v. Ashwani Kumar Ritika Limited v. Nina Talukdar

Ritika Limited v. Sajid Mobin

05CASE STUDY
Yahoo!, Inc. v. Akash Arora & Anr

 The first landmark judgment on cybersquatting. The Delhi High Cour

t, for the first time ever in India, held that a domain name serve
s the same function as trademark and is entitled to equal protecti
on. The defendant had a domain name ‘Yahoo India!’ which was ide
ntical and phonetically similar to the plaintiff’s trademark ‘Ya
hoo!’. The court held that internet users would be confused and d
eceived into believing that both the domain names have the same so
urce. The defendant took a defense that it had put a disclaimer on
its website. However, it was observed that a mere disclaimer was n
ot sufficient because the nature
 FIND MORE LEGAL ARTICLES
 Type any word(s)
 of the internet is such that use of a similar domain name cannot b
e rectified by a disclaimer and it does not matter that ‘yahoo’
is a dictionary word. The name possesses acquired distinctiveness
The Coca Cola Company v. Bisleri International Pvt. Ltd.

 The defendant, Bisleri by a master agreement, had sold and assigne

d the trademark MAAZA including formulation rights, know-how, inte
llectual property rights and goodwill for India with respect to a
mango fruit drink known as MAAZA to Coca Cola.

 In 2008, the defendant company filed for registration of the mark

MAAZA in Turkey and started exporting fruit drink under the name M
AAZA. The plaintiff, Coca Cola claimed permanent injunction and da
mages for infringement of trademark and passing off.

 The court granted an interim injunction against the defendant (Bis

leri) from using the trademark MAAZA in India as well as for expor
t, which was infringement of trademark.
 Research conclusions
Four major IP rights
issues have been
Create addressed in this
document: (1)
yourself, ownership of intellectual
rather property; (2) rights to
than use intellectual
using property; (3) procedural
Do not use
other‟s issues; and (4) special
competitor‟
creation considerations
Technological involving
copyright.
advancement
s s mark in
such way made the job of
the CREATOR easy
that it ………it also made
harms the job of the
THANK YOU

AJAY TYAGI