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24
Jun
17
Copyright for Online Environment

Information Technology is a boon Science has given us to make ourselves easy with source of knowledge that we have around us. Internet is the source of technology has t led to proliferation of e-businesses due to its cost effectiveness, accessibility, convenience and vast user base. Internet has become great platform for Start up enterprises and Medium size businesses to efficaciously showcase its products and services.

Knowledge and information has ease of duplicating it along with anonymity   pose a continuous threat to the protection of Intellectual property rights including copyrights on the internet. Copying of trademarks, service marks protected by (Trademark Act, 1999) or Intellectual property infringements in cyberspace may comprise of any unauthorised use original music , art work, films, , multimedia, software or literary matter ( protected by the Copyright Act, 1957).

 Certain issues need to be faced by the unique matrix of the cyberspace has produced different categories of infringements including, Framing, Deep linking, Piracy of Software, Music, Video, other Digital Copyrights infringements. WIPO (World Intellectual property organization) is an international for intellectual property that have made important initiatives to bring harmonization in copyright regimes across various jurisdictions.

Protection of Computer software is done under guidelines of literary work and so are computer databases as per Section 2(o) of Copyright Act, 1957.When looking at the Original database is also protected by copyright.

Copyright issues

  • Perform and display publicly the copyright work.
  • Store the information in a tangible form.
  • Sell, rent, lease, or otherwise distribute copies of the copyright work to the public.
  • Reproduce the copyrighted work.
  • Prepare derivative works based on the copyright work.

Internet is used for browsing, downloading, uploading, file-swapping, caching, mirroring, etc. Really infringe the exclusive rights of owner. There are many results

  • Violation of the copyright owner’s exclusive distribution right.
  • Transmission of information from one computer system or network to another, involving temporary storage (RAM) of that information.
  • An appearance of a copyright image in a web browser infringing the owner’s public display right.
  • An infringement of the owner’s exclusive right to prepare derivative works.
  • An unauthorized storage of such information is a violation of the owner’s exclusive right to make copies, to reproduce the copyrighted work.

Indian Legal Provision

Some people take things for granted that they can download, reproduce and transmit on the internet. There are certain misconceptions and amounts to unauthorized downloading and infringement of the creator’s copyright. Rules and regulations are governed by IT Act, 2000.In that the section imposes a liability of up to Rs 1 crore upon a person who unlawfully downloads data. The compensation is payable to the person affected. Thus there is a radical overhauling of Indian Copyright Act, 1957 as well as the IT Act, 2000, specially the conceptual ambit, contents of rights and liability redressal.

11
May
17
Why Trademark is Important for Your Business?

Trademark is a form of intellectual property. Trademark reserves the right to the owner and protect all of its ideas and inventions. It is like a standard signature which shows the first impression in the market. Trademark registration in India is a good option for all the company to register its trademark.

Trademark can be logo, symbol, or word which let you stand differently in the market. It is another way of referring to brands. Consumers first identify the trademark for their purchase. Trademark creates first reputation of any brand for Business growth. Following are reasons why is trademark important for your Business   

Trademarks is an effective tool of communication- By looking at the trademark audience identifies the emotional attributes of any company. Trademark reveals the message of the Business Brand. It creates intuition about product and services of the company. Trademark or design do not need exactly related to the type of product or service. It can be in any language English, Chinese, Spanish, Russian, Arabic or Hindi.

In crowded market place it’s hard to distinguish your business from your competitors. It is an efficient commercial communication tool to capture customer attention and make your business, products and services stand out. People should be able identify particular brand’s service by looking at the trademark. On social media trademark creates particular image of the brand.

Trademarks are the valuable asset which can be appreciated in value over time. It is mainly  for Business growth. It provide value to the core business. Trademarks can lead the way for expansion from one industry to another industry for eg. from personal care to clothing or eye ware. Trademark can lead to the acquisition of your business by a larger corporation. It can be used as a property asset, similar to real estate, that can be bought, sold, licensed (like renting or leasing) or used as a security interest to secure a loan to grow your business.  

Trademarks make things easier-Trademark is an asset which makes hiring easier. It helps to inspire positive feelings in people’s minds. Due to this, employment opportunities are more attractive to candidates. Collecting certain facts Employee can have better retention and better feelings for the brand and the products and services offered.

Provide uniqueness to a brand -Trademark is a unique asset used for particular brand product or service. Trademark is particular logo that should catchy in each aspect of visually as well as audible or would you rather go for a logo that is hard to remember or understand and doesn't describe your brand.  Choice would be simple and everyone would go for the former option.

Trademark keeps the brand from crowd- It’s uniqueness keeps the logo catchy to the audience. It is basically it has everything mentioned above, then it gives your brand an edge over anyone else. Depending upon the logo, anyone can tell which brand does a product belongs .

Trademark protects your product name- Company having registered can use it publically to show ownership over your product. Registered trademark provides the right to use it on all the products registered under your ownership and it also proves that the product belongs to you and you have all the rights to sell, modify or use that product however you want.

09
May
17
Types of Copyright in India

Copyright is an exclusive right to any author/creator on his/her particular original work. It is form of intellectual property. Copyright entities may Literary, Dramatic, Musical notation, Software, Artistic and Copyright. It is a form of intellectual property is a legitimate idea which refers to form of protection conferred to the creator of original work. It contains expression and moral value of right and economy. Economic rights include the right to copy or publication a work or any substantial part of asset. It is a life time intellectual property.

Copyright of Literary Work

Books or Literary Work can also be copyrighted as soon as author pen down the book. It is an imperative for author with book stores mushrooming all over the place and online stores taking over the market. It prevents the stores, both online and physical, from buying or publishing copies. Books subsist itself as a copyright but still copyright registration builds an extra layer of protection. Many people might raise a question why to copyright a literary.

In case you write a story and save it on the system’s hard drive. In that case you do not have legal ownership towards the story written by you. But It is possible that I have got the same idea to write a story and co-incidentally it match with your story. Therefore to make full piece of right on the matter whether it is story, poem, book or any other literary you need to have a copyright of it. Copyright will make it your intellectual property.         

Copyright of Cinematography

Visual production of any moving object with sound is termed as cinematographic film. It needs a lot of hard work to produce cinema. Many people are associated in making films. Producer of cinema can claim copyright over it. There are certain rights provided to the producer of the film

  • To sell or resell it, to give it on hire
  • To make a copy, photograph or produce it in parts.
  • It also makes sure that the producer is the only one who has a right over taking the film to the public. However, the sound recording in the movie are not covered by the copyright of the movie.
  • Also the artistes the movie are not protected by the copyright of the film. 

People must remember that a cinematograph film can only be an adaptation of a particular literary work provided the copyright holder of the work has given his consent.

Copyright of Painting

Painting is an Artistic work which can be copyrighted. Artists or people working for an artistic work can copyright their creativity or abstract so that nobody steals their workpiece. Suppose you buy an original painting, artistic physical object etc. In that case you ‘own only the artwork’, not the copyright to it. Copyright of an object cannot be owned unless the artist signed over their copyright to the buyer. Buyers do not have the right to reproduce it and exploit it commercially. There have been laws made in many countries that follow the principle of ‘Work for Hire’ means that the work you created is an artwork of an employee of a company so the work actually belongs to the company. In case of freelancers, copyright remains with the artist. Basically this situation evolves more often when you produce original artwork for businesses and corporations.

Copyright of a Software

Copyright of Software is an extension of copyright law to machine-readable software. There are many of the legal principles and policy debates concerning software copyright to have close parallels in other domains of copyright law,

In India there are a number of distinctive issues that arise with software.

Software Developers uses Software Copyright and proprietary software companies to prevent the unauthorized copying of their software. Free and open source licenses also rely on copyright law to enforce their terms. Copyright licenses impose a duty on licensees to share their modifications to the work with the user or copy owner under some circumstances. No such duty would apply had the software in question been in the public domain.

 

Points of copyright to keep in Mind while remixing a song

Music notation can be copyrighted since Musician produce a unique Music by their hard work. People may copy or mix it to make their own song or music. In case you are making mash-up of your personal playlist, then your remix song could be costlier for you if a copyright holder sues you for infringement. Since, Remix songs are simply mixture and not the original work.

There certain issues faced in copyright of music

  • Reproduce work in any form,
  • Issue copy of the work;
  • Perform the work in public;
  • Make any films;
  • Sound recording in the work;
  • Translation of that work.

Read more copyright of music

There are certain points which should be kept in mind by making alteration without the previous consent of the owner.

 

08
May
17
Importance of Copyright over Trademark

We often confuse between copyright & trademark yet they have a few purposes of contrast which should be clarified before further registration. We need appropriate information about what the most ideal ways we can secure our ideas are. Knowing there are heaps of potential outcomes of your ideas being stolen by others in the market when you have something new and crisp that can undoubtedly make your business achieve the main, an appropriate comprehension of these terms appear to be fundamental. To start with the fundamental actuality must be clear in your mind that a copyright and a trademark secure are very unique.

What is a Trademark?

Trademark offers identity to a brand; it is a recognizable sign, word, outline or an expression which is utilized to distinguish the products or administrations of a dealer from those of others. A trademark helps in securing the brand name from being utilized or abused by the contenders; it also helps prevent confusion and manipulation of consumers, who come to associate with quality and attributes of a distinct brand in particular. A trademark is mostly located on the label, a voucher, or on the product itself.

What is a Copyright?

'A copyright can mean a law that gives you property rights for things you have made, be it a work of art, a photograph, a poem or a novel. The copyright law awards you possession with a various rights like:

  • The right to reproduce the work
  • The right to distribute copies
  • Right to display the work publically anywhere
  • And the right to prepare a derivative work

Advantages of Copyright over Trademark

  1. A copyright is automatic whereas a trademark has to be registered in order to get real protection.
  2. A copyright holder can keep or prevent others from utilizing his/her work while the trademark holder can't or may not keep others from utilizing the check publically.
  3. A Trademark is protected by both federal and state laws whereas in case of copyright, the laws are federal
  4. Copyrights can protect your work for the term of your life in addition to an additional 70 years. In the event of trademark, it is restricted to 10 years and has to be renewed after every 10 years
  5. Online infringement of copyright can be immediately taken care of under the Digital Millennium Copyright Act, however, this is not the situation with trademarks since it has a long legal process, both government, and state.

There are similarities between the two that have a tendency to confuse individuals:-

  • Both Trademark and Copyright gives the rights to the owner to prevent others from using their work
  • Both are protected with complex laws
  • They can exist all the while in some mark or design, even in shapes, colours or sizes.

Conclusion

Individuals totally makes trick of themselves by blending the two and may even wind up losing the market they as of now have. One ought to know how he can ensure protect his assets or respond to someone for claiming infringement. Another reason is that one who has the information can easily take advantage of those who don’t. Utilizing the distinction can help one in taking great business choices regarding product launches or for social media strategy.

05
May
17
Important facts of Copyright

Copyright registration

Copyright is an intellectual property. It recognizes the exclusive rights of the creator over an original work. Objective of Copyright is to protect the territorial rights. Copyright is mainly for the artistic work like Music, manuscript, fashion, designs, film and portrait. It is also for objects like books, software, brochures etc.

Copyright is basically reservation of moment you create your original work. Copyright registration is an added advantage. Copyright also protects the unnecessary disputes and are considered as “admissible evidence” in the court of law. Copyright has a lifetime right.

Need of Copyright Registrar

Copyright registrar is the head of a Copyright office. It serves as an office of record. Copyright Minister is controlled by the Ministry of Human Resource Development, Government of India. He/She is also in charge of implementation of Copyright Act. It is also the place where claims to copyright are registered and documents related to copyright are recorded. It furnishes information about the provisions of the copyright law and the procedures for making registration.

Copyright protection

Copyright protection is a form of monopoly that arises automatically at the moment author fixes the work in a tangible form. The object with copyright reserve an exclusive right. Copyright protection insurance policy can also avail by registering your work with the registrar of the copyright. It is conferred on all Original literary, dramatic, musical cinematography and sound recording works. Copyright Protection creates a public record of the work and you can then sue anyone for copyright infringement.

Copyright Infringement

Copyright Infringement is a term used for copyright protected work without permission. Copyright laws provide us a safeguard against theft of our creative works. In the case of new age of copyright, a new work is a derivative of some copyright work. There are mainly two types of assumption of infringement can be classified as primary infringement and secondary infringement.

Mainly primary infringement means that the original piece of work has been copied and the secondary infringement means that the original piece of work has either been pirated (books, etc.) or has been imported. In case of internet when someone swipes your picture/song/video from the internet and uses it for their own purposes, it is a copyright infringement.  

Copyright to Book

Books can also be copyrighted as soon as author pen down the book. It is imperative to copyright a book with bookstores mushrooming all over the place and online stores taking over the market. It prevents the stores, both online and physical, from buying a copy and publishing it copies.

Copyright for Sound recording and Film

Audio track and video can be copyrighted mainly it is recommended that you get an NOC from all the people involved in its making. Copyright also protects you from any objections thereafter. There are rules and regulations defined for the copyright on sound recording and cinematography copyright registration.

21
Apr
17
Patent Specification Drafting in India

Patent is a form intellectual property. It provides exclusively to a particular product. Patent specification is an important step in a filing of a patent. It is a form of property that defines the fate of an invention.

Patent needs to be drafted for the success of the invention. It plays an important in management, prosecution, and maintenance. It is one of the most important and also one of the most difficult process. There are following sections in typical specification.

Title of Invention should clearly identifiable the main art of the invention. Patent should be meaningful, precise, and should be normally within 15 words. Title of an invention can be used for more than one invention.

Field of an invention should clearly describe the scope of the invention and also the subject matter of the invention. Invention should conceptually clear and crisp enough so which the Examiner of patent easily.

Background of Invention & Prior Art are the sections that describe the state of the art in the technical area to which the patent relates. It also identifies problems to be solved or disadvantages accompanying the prior art solutions. Background of the invention is the thing which should describe what others have done in the field. There are certain things which should mention the status of the closest technology, experiments, patents, and patent applications in this section.

Object of Invention should clearly reflect the advantages of the invention. Object of an invention should describe the solution of the existing technical problem associated with the existing field of art. Object should properly mention the benefits of the invention. Each and everything should be described in a separate sentence. It is a portion that comparative analysis of the inventive technology over the existing one.

Statement of the invention describes the exact novel features of the invention. It should clearly reflect the inventive feature of the invention over the existing one. It is a very useful invention exactly related to the independent claims and to complement the omnibus claim in situations of infringement proceedings.

Summary of Invention describes a broad overview of the invention. It provides a structure for understanding the Detailed Description and Claim sections of the specification. This also describes the invention overall, e.g., the purpose of the invention, problems solved, advantages offered, and so forth.

Brief Description of the accompanying drawings description of the invention that explains how to make and use it. It should point the reference numerals used in the drawings and should be specific. The details should be enough for a person skilled in the art to understand and perform the invention

Patent Claim(s) Drafting are regarded as the essence of a patent. It defines the invention which the inventor holds as his exclusive property and has the right to exclude others from making, using, and selling. The claims specify the scope of ownership in a piece of property, i.e. Intellectual Property. These claims are of paramount importance in both patent prosecution in the Patent Office and patent litigation in the courts.

Abstract of patent should be drafted in such a manner to make it reflect the technical field of the invention with the existing technical problems and the solution to overcome such problems. Patent should be briefly drafted and within the limit of 150 words. The main objective of abstract should be to provide the better information to third parties.

29
Mar
17
Difference between Trademark and Design Registration

Trademark is a word, sign, logo or an expression which identifies a particular brand. Trademark is an intellectual property. It is a unique signature adopted by company or business to adopt. Trademark provides an exclusive right to the owner of the brand.

Trademark registration protects word or words, logo, symbol, utilized in commerce to distinguish in one source of goods and services of another. It does not need to be innovative. But it should be new. Trademark protection is for 10 years and It can be renewed by paying an additional fee.

Design is a diagrammatic representation. It is mainly designed by professional, engineers, Software Programmer etc. Designs are patented for infringement.   

Following features should be present in a particular design

  • New or original
  • Not published
  • Significantly distinguishable from known designs or combinations of known designs
  • Devoid of a scandalous or obscene matter.

Design registration protects the innovative of an article of design of an article of manufacture. It protects the physical appearance of the product. This is mainly with the product you are planning to sell to the public. Design protection is also for a 10-year period and can be extended by five years. After it, the design becomes public property and can be used by anyone.  

Registration of design is under the design act. No prescribed procedure has been made relevant to the design registration. There are certain acts formed regarding the intellectual property such as Patent act, Trademark Act, Design Act which does not entertain any opposition regarding the registration process.

Unregistered vs Registered trademark

Statutory rights are provided to the registered trademark according to the trademark act. Unregistered trademark is also not denied under legal recourse and representation.

Statutory rights are also provided in the case Design act. This rights might not be the same rights as that of more powerful trademark act. There can be remedial action in case of wrong commitment. In that case, the plaintiff have to provide the registered design was made use by him as a trade which with the purchasing public has created an association with goods and services and resultant goodwill.      

According to The Trade Marks Act, 1999 “trademark” means a mark capable of being represented graphically and is capable of distinguishing the goods or services of one person from another person. This may include shapes of goods, their packaging, and combination of colours. Registered Trademark’s purpose is to indicate a connection in the course of trade between the goods or services and some people having the right as proprietor to use the mark.

According to The Designs Act, 2000 “Design” means only the features of shape, configuration, ornament, pattern or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye.

20
Mar
17
Trademark Rules 2017, Trademark fee

On 6th march, 2017 Government of India has replaced Trademark Rules 2002 with an Introduction of Trademark Rules, 2017.New Rules that has simplified trademark filing process. There has been an increase in Trademark fee for corporate entities.

Application fee of new trademark registration has been increased or certification mark, collective mark or series of marks for goods and services has been increased to Rs. 9000 in the case of e-filing and Rs.10000 in case physical filing.

The reduced fee of Rs.4500 for e-filing and Rs.5000 for physical filing as prescribed fee in case of individual start-up and small enterprises

Small enterprise in Trademark Rules 2017

Mostly enterprises engaged in manufacture or production of goods. Investment where the plant and machinery are not specified for a medium enterprise.

There are some enterprises which are engaged in providing or rendering services, it is also an investment in equipment is not more than the limit specified for the medium enterprise under a certain clause of trademark Rule 2017.

Start-up as per Trademark Rule, 2017    

Start-up is recognized as a competitive entity or authority under Start-up India Initiative. In a case of a foreign entity which fulfils the criteria for turnover and period of incorporation/registration as per start-up India initiative and submitting the declaration to that effect. 

Expedited process for Trademark Registration

There has been the introduction of an expedition under Rule 34 by the Government. In that case, only e-filing expedited trademark processing is allowed. The Government fee for trademark processing is Rs.20000 for individuals, start-ups and small enterprises. In the case of all other entities, the fee for expedited trademark processing is Rs.40000.

Trademark fee for Opposition and Rectification

Fee of notice of opposition under Section 21(1),64,66 or 73 or application for rectification of register under section 47 to 57, 68,77 or application under rule 99,103, 140 the fee is application is Rs. 2700  for e-filing and Rs 3000 that is also for physical filing.

Trademark fee for Renewal

Trademark fee for renewal of an existing trademark registration is Rs.9000 for e-filing and Rs. 10000 in a case of physical filing.

Trademark fee for Restoration and Renewal

The application for renewal and restoration must file under section 25(3),25(4) for each class. In case such of application trademark, renewal and restoration would be Rs.18000 for e-filing and Rs.20000 in case of physical filing.

Trademark fee for Search Certificate

Trademark fee for issue of Search Certificate is Rs.9000 for e-filing and Rs.10000 in case of physical filing. The expedited issue of search certificate would Rs.30000 for e-filing.

04
Mar
17
Madrid Protocol an International system for Trademarks Registration

Madrid system is the international registration of marks in India. It was established under the Madrid agreement in 1891 and its protocol in 1989.This system offers the trademark owner protection of trademark in several countries. It can be done by simply filing an application with regional or national trademark office.

Madrid system enables the registration of trademarks in multiple jurisdictions worldwide. This system has not only eased the trademark application procedure but also simplified its subsequent management. Trademark can be protected and applicants can designate it in India.

 Problems solved by Madrid System

Protection of trademark needs to be registered in the country where the protection it is required. By this trademark granted by a particular country served to protect the interest of the proprietor only in that country. Filing of for trademark registration was required to protect in an individual country where such protection was sought. Chaos like multiplicity of applications and inconvenience to the potential applicant and also increased the costs.

  Requirement for an International trademark.

  • Applicant should be Indian National or Indian domiciled and should have established and commercialized business in India.
  • Applicant must have Indian trademark application. This application will be used as the International application. Goods and services mentioned in the list should be of an identical mark.
  • One or more than one application should be chosen in the international application under Madrid protocol.

Benefits of the Protocol

  • Less time-consuming process.
  • Less cost and more effect in the system.
  • Prevent from a multiplicity of applications.
  • Protection through the single application worldwide and set of fees.
  • Any language can be used whether it is a French, English or Spanish advantage to jurisdictions like India.
  • By sending one single document to the bureau any change in the details of the right holder (Eg. name, address etc) can be done.

Filing international trademark in Madrid Protocol

Step 1: Basic application by applicant

 Registration with the Indian Trademark or a pending application is the prerequisite for filing an application in India for Madrid Protocol. Trademark Office in India will then certify that the information in the international application. These are as the same as that in the basic application the date on which the international application was filed and forward the application to WIPO.

Step 2: Formal Examination for International registry.

A formal examination is conducted by WIPO to check if the application complies with the requirements of the Protocol and the other regulations. The same are notified to the applicant in case of any irregularities .The irregularities need to be remedied within three months failing which the application will be treated as abandoned.

When everything will be in order the application is recorded in the International register and published in WIPO Gazette. Certificate of International Registration will be sent to WIPO which will send and this will be notified in other trademark offices in the countries that the applicant has chosen to extend the protection of the mark. Trademark is still not been registered. In the substantial examination, the respective trademark will be checked in each country.  

Step 3: Substantial examination by Contract parties

Substantial is the examination through which application passes at the trademark office of the contracting party same as passed directly. WIPO get notification of acceptance or refusal within the applicable time. The decision of the trademark office of the contracting party will then record the same in their records will notify. After acceptance of the application, a statement of the grant will be issued through which registration will be valid for a period of 10 years.

Disadvantages of the Protocol

  • International Trademark Registration can extend only to Protocol territories.
  • The international applications should be processed within 18 months. Otherwise, the national filings might get delayed.
  • Trademarks registry in India has not been able to entertain the national filings due to lack of manpower.                                                                                                                  Since the Madrid system has been adopted, it would be even more difficult to look into both National and International filings at the same time with a number of people.
  • Ownership assignment should be of an International registration to entities residing or having a connection with Non- Madrid Protocol state. This is prohibited under the rules of the Madrid Protocol and is not good for India because it has business interests with several non-member countries.

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