Branding with special reference to

THE INTELLECTUAL PROPERTY ACT

 INDEX
Topic Members

Introduction Prerna Jeswani

Shraddha Tandel
Instruments of IP

Patents Aziz Abdul

Trademarks Aishwarya Shetty

Case study and Conclusion Vinayak Mulgund

 Branding
“It is endowing products and services with
power of brand which creates mental
structures that help consumers organize
their knowledge about products and
services”
 Intellectual Property
“Intellectual Property (IP) specifically
refers to intangible assets which are legally
protected in some manner and degree.
Protection can take varying forms,
depending on the jurisdiction, and includes
patents, copyrights, trademarks and trade
secrets”
4
 Features of IP
• A personal property
• An intangible form of property i.e. Can be sold, bought, lease
or rent, pass under a will or assigned
• It is a basic form of property
• Based on information

• Objects of IP
-the form of the work;
-the invention; and
-the relationship between a symbol and a business.
 INTELLECTUAL
PROPERTY

INDUSTRIAL
PROPERTY + COPY RIGHT

GEOGRAPHICAL
PATENT TRADEMARKS DESIGN
INDICATIONS
Functions of IP

1. To incentivize knowledge (and

hence wealth) creation;
2. To accumulate knowledge in a
culture;
3. To protect a distinctive identity..

7
Instruments of IP and common
applications

Ethics and Values in Intellectual Property 8

How IP works for Branded Product ?
PROTECTIONS
Patents : contents
of the jar, lid and
seal

Copyright:
artworks in labels.

Trademark:
brand-name, colour
used.

Industrial Design:
shape of jar. 9
 Legislative Measures
 The Patents Act, 1970
Product Patent
Patent Term of 20 years
Public Health Safeguards
Protection to TK
 The Trade Marks Act, 1999

Service Marks and Collective Marks

Term increased from 7 years to 10 years
 Protection Of Intellectual Property In India
(Patents, Designs, Trade Marks & Copyrights)

MINISTRY OF COMMERCE AND

MINISTRY OF HUMAN RESOURSE
INDUSTRY
DEVELOPMENT

DEPT. OF INDUSTRIAL POLICY & DEPT. OF EDUCATION

PROMOTION

COPYRIGHT OFFICE
CONTROLLER GENERAL OF
PATENTS, DESIGNS & TRADE MARKS

PATENT TRADE MARKS REGISTAR OF

OFFICE REGISTRY COPYRIGHT

Sr.JOINT GIR
CONTROLLER OF JOINT REGISTAR
PATENTS AND OF TRADEMARKS
DESIGNS
 A) Patents

“Patents are one of the oldest forms of

intellectual property protection, they provide a

tool prevent third parties from using, making,

selling, or otherwise profiting from an

invention, and create an incentive to innovate”

 Types of patents
1. Utility patents: for the discovery of new machines or processes or
the improvement of existing machines.

2. Design patents: for original ornamental designs made for

manufacture.

3. Plant patents: for the invention or discovery of distinct and new

varieties of plants. The inventor must also be able to asexually
reproduce this plant.
 Why & How it is granted ?
A patent is a Monopoly Right granted

• For an invention

• By the government

• To the inventor or his assignee

• For a limited period

• It is valid within the country of grant

 Filing of Patent application

Examination & novelty search

Acceptance or refusal

Notification of “Acceptance”
in the GAZETTE OF INDIA (part III section 2)

Opposition (if any)

Grant of a patent
 Recent Amendments
• Patents (Amendment) ordinance was issued in 1994
and became Patent (Amendment) Act,1999.
• Patents (Second Amendment) Bill ,1999, has now
become patent (Amendment) Act,2002.
• Patent (Amendment) Act 2005, Product regime
launched
• Some of the important features of the Patent
(Amendment)Act,2005
 Advantages of Patent
 It encourages RESEARCH.

 Induces an inventor to disclose his inventions

instead of keeping them as secret.

 Provides inducement for capital investment

encouraging technological development.

 It encourages establishment of new industries.

 B) SYMBOLS/MARKS

“Any word, name, symbol, or device, or any

combination of these, which identifies goods

in a way to distinguish them from the goods of

others”
 Types of Marks

 Copyright

 Trademark

 Registered TM

 Service Mark

 Collective Marks
 Certification Mark
 Trade Name
 Trade Dress
 TRADEMARKS

• A trade mark 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.

• A trade mark is used as a marketing tool so that customers

can recognize the product of a particular trader.

 How to select a Trade Mark ?
1. A word, letter or any combination thereof and simple in design.

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 the

character 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.
 Are all Trade Marks register able ?

• 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.
TRADE MARK ! WHO IS PROTECTED ?

A trade mark is granted protection on the basis of

• First Adoption

• First User

• First Inventor

• First Invention / Adoption/ User is superior then the

Registration
Benefits of intellectual property rights

• Businesses with a defined IP strategy

• Consumers

• Creative individuals and entrepreneurs

• Society and the economy benefit

 Valuation of IP

• Valuation is the process of estimating the potential

market value of a financial asset or liability.
• Measurement of IP - enables a more efficient
management of the company - i.e.
To understand where value lies in the company
To have a metric for assessing success and growth
To provide a basis for raising finance or loans
 CASE STUDIES

A) Bajaj Auto. Ltd. v/s TVS Motor Company

B) WIPRO CCL Ltd. v/s V3 Engineers Pvt. Ltd.

 Bajaj Auto. Ltd. v/s TVS Motor Company

Events:-
• 2002- Applied for patent for DTS-i technology

• 2003- Bajaj Auto launches Bikes employed with DTS-i tech

under Trademark “PULSAR”
• 2005- Grant of Patent to Bajaj Auto

• 2007- TVS Motor Co. launches motorcycle under

trademark “FLAME” employing same DTS-i tech.
• 2007- On Sept 1 & 3 Bajaj issues groundless threats to
dissuade TVS from launching “FLAME”

• 2007- October, TVS files suit against Bajaj Auto for alleged
threats and interfering with the launch of “FLAME” and
filed an application for the revocation of Bajaj’s patent
before the INDIAN PATENT APPELLATE BOARD

• 2007-Reply to TVS, Bajaj files a suit for permanent

injunction to restrain TVS from using ICT & marketing the
same for its 2/3 wheelers incl. “FLAME”
• 2008- Madras High Court grants injunction and
restrains TVS from launch of its 125cc “FLAME”
• 2009- On May 18, TVS lodged appeal in front of
Division Bench and overturned Single Bench
order.
• 2009- Sept 16, Bajaj appeals in Supreme Court
which directs TVS to sell FLAME subject to an
record of sales under supervision of Madras High
Court
• Current Date- Case is still pending in Madras
High Court
WIPRO CCLG Ltd. v/s V3 Engineers Pvt. Ltd.
• On 18 March 2011, WIPRO CCLG has filed case in city civil court,
Bengaluru against V3 Engg Pvt. Ltd. for infringement of their
registered designs.

• Registered designs comprising of components and accessories of

modular office furniture range marketed by WCCLG under the
brand name I AM .

• Copied essential and stand out features of their furniture range

to create similar looking furniture. 
 CONCLUSION

Any branding done by company for its products

and/or services is privilege and not a right to
justify the same as these are framed and
granted under the IP laws and governed and
supervised by IP acts within constitutional
limits