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IP Development IP Ownership IP Protection IP Management IP Valuation IP Dilution Fragmented Marketing Initiatives Data Protection Lack of enforcement of contracts
http://www.suhanipittie.com
IP rights for the Fashion Industry Designs Copyrights Trade Marks Patents Domain Names
http://news.sawf.org/Bollywood/27828.aspx
How To Protect Your Brand What Makes A Good Trade Mark What Can A Brand Consist Of Selective Patent Protection How Long Does IP Protection Last How To Protect The Design Of Goods The Difference Between Registered And Unregistered Designs The Benefits Of Registered Design Protection
http://www.wendellrodricks.com/fashion.htm
International Treaties
India is a member or signatory of several international IPR related organisations and conventions: World Trade Organization (WTO) TRIPS
Word Intellectual Property Organisation (WIPO)
Paris Convention for the protection of Industrial Property Patent Co-operation Treaty (PCT) Budapest Treaty
Intellectual Property
The World Trade Organization (WTO) The Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement All Signatory countries need to ensure Intellectual Property Rights (IPR) Protection within their jurisdiction.
Patents Industrial Designs Trade Marks Copyright Geographical Indications Layout Designs of Integrated Circuits
The Patents Act, 1970 The Copyright Act, 1957 The Trademark Act, 1999 The Designs Act, 2000 The Geographical Indications of Goods (Registration & Protection) Act, 1999
*As amended from time to time and with their supporting rules.
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Protection of Logos
The intellectual property rights like logos, names and labels are perotected by Trademark Law
Trademarks
A Trademark is a means of identification of goods or services, a symbol which an organisation or person wises the consumer to identify with its goods or services as opposed to that of the competitor Registration of Trademarks is governed by The Trademarks Act, 1999 Protects logos and brand names, and may also apply to a distinctive way of stitching, pattern, trade dress, etc.
http://www.indiatrademarks.org/
A Trademark` May Consist Of One or a Combination of the following: A Stylized Word Invented Word or Logo Signature Device Letter Numeral, Brand, Heading, Label Name Written In A Particular Style The Shape Of Goods Other Than Those For Which A Mark Is Proposed To Be Used, Or Any Combination Thereof Trade Dress the 1999 amendment protects shape of goods and combination of colour Service marks that are used by their owners to identify services
The Trademark to be registered should not be deceptively similar to an existing mark of another person and not be expressly prohibited under the Act.
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Should Be Distinctive, Capable Of Graphical Representation, Capable Of Distinguishing The Goods Or Services As Originating From A Particular Source From That Of Other Similar Goods And That Mark Should Not Be Functional In Nature
Duration of a Trademark
Valid for ten years May be renewed for further period of ten years Failure to use a registered trademark for a continuous period of five years may result in cancellation
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Infringement
The owner has the right to sue in the courts of law for infringement of the trade mark
SEAL
Copyright Subsists In
Copyright is an exclusive right granted to the author of an original work for a limited period of time with the right to exploit that right.
Artistic Works Original Literary Computer Software Dramatic Work Musical Works Cinematographic Films Photographs Sound Recordings etc.
Copyright 2008 LawQuest. All rights reserved.
Copyright
Protection for designs, original artistic works such as sketches and patterns
Copyright Notice
Copyright 2008 LawQuest. All rights reserved.
or
2008 LawQuest. All rights reserved.
This copyright notice must be placed in such way as to give reasonable notice of the claim to copyright.
http://www.coroflot.com/public/individual_file.asp?from_url=true&sort_by=1&portfolio_id=591469&individual_id=76339
Bundle of Rights
Copyright gives the author of a literary, dramatic or musical work, the right to:
Reproduce the work in any material form including the storing of it in any medium by electronic means Issue and Distribute Copies Perform the work or Communicate the work Make Films or Sound Recordings Make Translations and/or Adaptations and all the above rights for such adaptations Publicly Display the Work Transfer any of these rights, either as a bundle or individually to another party
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Duration of Copyrights
Literary and Artistic Works: 60 years from the death of the author (Calculated from the calendar year following the year of death)
Copyright is subject to certain limitations Statutory Licensing Fair Use Exceptions Compulsory Licensing
Use of Copyrighted Material Without a License or Right or in Contravention of the License Injunctive Relief May be eligible for damages Penalty Imprisonment of 7 days to 3 years Fines from Rs. 50,000/- to 2,00,000/
http://www.ditto.com
Designs
Design is a visual appearance of a particular product Grants a right to sell, use and assign the design for manufacturing Design must be distinctive, new and easily identifiable Design must not be used, published or disseminated in any way prior to Design Registration
http://www.titanworld.com/titan/stores/Watches/tanishq.asp
Gives the owner an exclusive right against unauthorised copying or imitation of the design by third parties
Protecting industrial designs helps economic development, by encouraging creativity in the industrial and manufacturing sectors, as well as in traditional arts and crafts
Designs of industrial plans, layouts and installations are not registrable under the Act Painting, sculptures and the like which are not produced in bulk by any industrial process Stamps, labels, tokens, cards
An artistic work as defined under the Copyright Act, 1957 "Artistic works" means: A painting, a sculpture, a drawing (including a diagram, map, chart or plan) on engraving or a photograph, whether or not such work possesses artistic quality. An work of architecture and any other work of artistic craftsmanship.
http://www.fashionclub.com/career-studio/sketchbook/articles/sept-2005/virtual-fashionstudent.shtm Albert Ng
Duration
Initially ten years from the date of registration, or ten years from the priority date May be extended by a further period of 5 years
Piracy of a design means the application of a design or its imitation to any article belonging to class of articles in which the design has been registered for the commercial purpose without the written consent of the registered proprietor In case of infringement, the person is liable for every offence to pay a sum not exceeding Rs. 25,000/- to the registered proprietor subject to a maximum of Rs. 50,000/- recoverable as contract debt in respect of any one design The registered proprietor may bring a suit for the recovery of the damages for any such contravention and for injunction against repetition of the same Total sum recoverable shall not exceed Rs. 50,000/- as contract debt, as stated in Section 22(2)(a). The suit for infringement, recovery of damage etc. should not be filed in any court below the court of District Judge.
May be eligible for damages Penalty or Contractual Damages- Rs. 25,000/- to Rs. 50,000/
Copyright Vs.
Design Protection
http://www.seasonsindia.com/
Patent Protection
Protects inventions
An invention means a new product or process involving an inventive step and capable of industrial application (S. 2(1)(j)) Granted to Innovative, Novel Products and Processes Designers may be able to patent new, inventive and useful devices. Artistic creations cannot be patented and therefore patents are not widely adopted by designers from fashion industry. Inventions by Buck Weimer and CSIRO which control odours and body temperature respectively in garments have been successfully patented in the US
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Copyright 2008 LawQuest. All rights reserved.
Monopolistic Right to exploit the patent Ability to prevent others from using or exploiting the patent
The patent standard of novelty cannot be met by most designs Patent application process is very slowly to be meaningful for most fashion designs
Deals with unauthorized claim of patent rights punishable with punishable with fine that may extend to Rs.1,00,000/-.
A Geographical Indication is a public property belonging to the producers of the concerned goods. It shall not be subject matter of assignment, transmission, licensing, pledge, mortgage or such other agreement Validity 10 years and can be renewed
Pochampally Ikkat (Andhra Pradesh) Patola of Patan (Gujarat) Kolhapuri Chappals (Maharashtra)
IP Licensing Agreements Distributor Agreements Photographs and Agreements Modeling agreements Work for Hire Non-disclosure and non-compete contracts with employees
Going Forward
Creativity Is Key To Success In This Industry
It Is Essential To Protect And To Enforce Creativity and Ensuing Intellectual Property Rights
Necessary To Increase Awareness Of Rights and Penalties for Infringement
522 Maker Chambers V 221 Nariman Point Tel: +91 22 6615 6555, Website: www.lawquestinternational.com Contact and Newsletter: info@lawquestinternational.com