IPR SLIDE 3

COPY RIGHTS
Introduction to Intellectual Property Rights (IPR)

Definition and Importance of IPR

●​ Intellectual Property Rights (IPR) are legal protections granted to individuals or

organizations for their intellectual creations.
●​ Purpose: Encourage innovation and creativity by providing creators exclusive rights to
benefit from their works.
●​ IPR protects economic and moral interests and fosters a fair competitive market.

Protection Provided by IPR

1.​ Inventions (Patents)

○​ Protects new and useful inventions, processes, or products.
○​ Grants the patent holder exclusive rights to manufacture, use, and sell the
invention.
○​ Example: The development of CRISPR gene-editing technology patented by the
Broad Institute.
2.​ Identity (Trademarks)
○​ Safeguards brand identity and goodwill through distinctive signs, logos, or
symbols.
○​ Example: The Nike swoosh logo is trademarked, ensuring only Nike can use it.
3.​ Creativity (Copyrights)
○​ Protects original literary, musical, artistic, and other creative works.
○​ Example: The novel "Harry Potter" is copyrighted, granting J.K. Rowling
exclusive rights to adaptations.
4.​ Product Appearance (Designs)
○​ Protects aesthetic elements of a product, like shape, pattern, or color.
○​ Example: The unique design of Coca-Cola’s contour bottle is protected as an
industrial design.

Schools of Thought

Theories Underpinning IPR

1.​ Fairness Theory​

○​ Emphasizes rewarding creators for their labor and hardship.

○​ Example: Artists receiving royalties for their music recognizes their effort in
creating value.
 2.​ Personality Theory​

○​ Argues that works are an extension of the creator’s personality, establishing a

bond.
○​ Example: An artist claiming moral rights to prevent the misuse of their artwork
(e.g., the Amar Nath Sehgal vs. Union of India case).
3.​ Welfare Theory​

○​ Focuses on maximizing societal benefits by incentivizing the creation of works for

the greater good.
○​ Example: Patenting life-saving drugs, like vaccines, encourages research while
benefiting society.
4.​ Culture Theory​

○​ Advocates that laws should foster a culture of innovation and collaboration for
human betterment.
○​ Example: Open-source software licenses encourage collective improvement
while respecting copyright.

What is Copyright?

Definition

●​ Copyright grants creators exclusive rights over their original works in various forms, such
as:
○​ Literary: Novels, poems, computer code.
○​ Artistic: Paintings, sculptures.
○​ Musical: Songs, scores.
○​ Cinematic: Films, videos.
○​ Sound recordings.

Rights Under Copyright

1.​ Reproduction: Right to make copies of the work.

2.​ Public Communication: Right to share the work with the public.
3.​ Adaptation: Right to create derivative works.
4.​ Translation: Right to translate the work into other languages.

Example

●​ The movie The Lion King (2019) is a derivative work based on the original animated film
(1994), for which Disney holds the copyright.
Key Concepts

Idea vs. Expression Dichotomy

●​ Concept: Copyright protects the expression of ideas, not the ideas themselves.
○​ Example: The plot of a story about forbidden love isn’t protected, but the specific
narrative in Romeo and Juliet is.
●​ Challenge: Distinguishing between idea and expression can vary by case, often
analyzed based on originality and uniqueness.

Case Study: R.G. Anand vs. Deluxe Films

●​ Background:
○​ R.G. Anand created a play, Hum Hindustani.
○​ Deluxe Films produced a movie, New Delhi, allegedly inspired by the play.
○​ Anand sued for copyright infringement.
●​ Supreme Court Verdict:
○​ Held that similarities in theme and concept alone do not constitute infringement.
○​ Established the Seven-Point Test for determining idea vs. expression:
1.​ No copyright in abstract ideas or themes.
2.​ Originality lies in the distinctive expression of ideas.
3.​ Minor similarities do not imply copying.
4.​ Courts examine if the impression of copying is unmistakable.
5.​ Significant differences in treatment indicate no infringement.
6.​ Coincidences may negate the intention to copy.
7.​ Reader/viewer perception is critical in determining infringement.
●​ Significance:
○​ This case is a landmark in clarifying the scope of copyright protection in India.

Protected Works

Categories of Protected Works

1.​ Artistic Works

○​ Includes paintings, sculptures, drawings, photographs, architectural designs, and
other works of artistic craftsmanship.
○​ Example: The design of the Eiffel Tower during nighttime is protected under
copyright laws. Photographs of the illuminated Eiffel Tower require permission for
commercial use.
2.​ Literary Works
○​ Includes novels, poems, articles, computer programs, tables, and compilations
such as databases.
 ○​ Example: The Harry Potter book series by J.K. Rowling is a literary work
protected by copyright.
3.​ Dramatic Works
○​ Compositions intended for performance, including plays, musicals, or
choreographic works.
○​ Example: Shakespeare’s Romeo and Juliet is a dramatic work that enjoys
copyright protection in its specific expressions and adaptations.
4.​ Musical Works
○​ Refers to the composition of music, excluding lyrics or actions.
○​ Example: Beethoven’s symphonies are protected as musical works.
5.​ Sound Recordings
○​ Recordings of sounds, regardless of the medium, such as phonograms, CDs, or
digital recordings.
○​ Example: Adele’s album 25 is protected as a sound recording.
6.​ Cinematographic Films
○​ Includes visual recordings with or without accompanying sound, produced
through cinematography or analogous processes.
○​ Example: Avatar (2009) is protected as a cinematographic film, covering both
visual and sound recordings.

Rights Associated with Works

1. Literary Works

●​ Right to reproduce, translate, adapt, and communicate the work to the public.
●​ Example: Translating Harry Potter into other languages requires authorization from the
copyright holder.

2. Dramatic Works

●​ Right to perform, reproduce, or include the work in cinematographic films.

●​ Example: A theater company adapting Macbeth for a stage performance must obtain
permission.

3. Artistic Works

●​ Right to reproduce, communicate, or include the work in films or advertisements.

●​ Example: Using the Mona Lisa’s image in a commercial product requires authorization.

4. Musical Works

●​ Right to perform, record, adapt, or publicly communicate the work.

●​ Example: Sampling a portion of Michael Jackson’s Thriller in a new song requires
licensing agreements.
5. Cinematographic Films

●​ Right to reproduce, sell, or communicate the film to the public.

●​ Example: Screening The Avengers in public without authorization constitutes copyright
infringement.

6. Sound Recordings

●​ Right to reproduce, distribute, or communicate the recording to the public.

●​ Example: Streaming a copyrighted song on an app without a license violates sound
recording rights.

Specific Rights

1. Right of Reproduction

●​ The right to make copies of a work in any format or medium.

●​ Example: Photocopying a book without the copyright owner’s permission infringes on
the right of reproduction.

2. Right of Communication to Public

●​ The right to make works accessible to the public, directly or via broadcasting or
streaming platforms.
●​ Example: Uploading a movie on a public video-sharing platform without permission
violates this right.

3. Right of Adaptation

●​ The right to create derivative works based on the original, such as film adaptations or
translations.
●​ Example: Adapting Pride and Prejudice into a modern-day film requires permission from
copyright holders.

4. Registration of Copyright

●​ Copyright is automatic upon creation but registration serves as prima facie evidence in
court disputes.
●​ Example: Registering a software code as a literary work strengthens the copyright
holder’s claim in infringement cases.

Ownership and Assignments

1. First Ownership

●​ The creator of a work is generally the first owner of the copyright unless created under
employment or commission.
●​ Example: A software developer employed by a company may have the company as the
copyright owner for works created during employment.

2. Moral Rights

●​ Right to attribution and integrity, preventing misuse or distortion of the creator’s work.
●​ Example: In Amar Nath Sehgal vs. Union of India, the artist’s moral rights were upheld
when his sculpture was improperly stored.

3. Term of Copyright

●​ Literary, artistic, musical, and dramatic works: 60 years from the creator’s death.
●​ Films and sound recordings: 60 years from publication.
●​ Example: Works of Rabindranath Tagore are in the public domain, as the term of
copyright has expired.

4. Assignment Rules

●​ Copyright can be transferred wholly or partially through agreements, subject to territorial

and temporal limitations.
●​ Example: A writer assigning film adaptation rights to a production company through a
contract.

Moral Rights

Rights Included

1.​ Right to Paternity: Acknowledgment of the creator’s authorship.

2.​ Right to Integrity: Protection against distortion or derogatory treatment of the work.

Examples

●​ Case Study: In the Mirzapur series, the misrepresentation of Surendra Mohan Pathak’s
book led to a legal dispute. The issue was resolved by changing the book’s depiction.
●​ Amar Nath Sehgal vs. Union of India: The court awarded damages for the improper
treatment of a sculpture, reinforcing moral rights.
Copyright Infringement

Definition

●​ Unauthorized use, reproduction, or distribution of copyrighted works.

Examples

1.​ Downloading movies or songs from unauthorized websites.

2.​ Using copyrighted images in advertisements without permission.

Tests for Infringement

1.​ Quantum of Work Copied: Whether a substantial part was reproduced.

2.​ Purpose: Whether the copying was for commercial gain or personal use.
3.​ Competition Likelihood: Whether the copy directly competes with the original.

Remedies

1.​ Civil: Injunctions, damages, and compensation.

○​ Example: Courts issuing an injunction to stop the sale of pirated books.
2.​ Criminal: Fines (₹50,000 to ₹2,00,000) and imprisonment (6 months to 3 years).
○​ Example: Police raids on outlets selling pirated DVDs.
3.​ Administrative: Seizure and destruction of infringing copies.
○​ Example: Confiscation of counterfeit software CDs.
 IPR SLIDE 4
TRADEMARKS
1. Introduction

What are Intellectual Property Rights (IPR)?

●​ Definition:​
Intellectual Property Rights (IPR) are legal rights that grant creators and innovators
protection for their creations or inventions, enabling them to reap the benefits of their
intellectual efforts.
●​ Purpose of IPR:
○​ Encourages innovation by ensuring exclusive rights to creators.
○​ Helps maintain fair competition and protects against misuse of intellectual
creations.
○​ Acts as a tool for fostering economic growth by rewarding creativity and
innovation.

Protection Provided by IPR

1.​ Inventions (Patents):​

○​ Protects new inventions or processes.

○​ Example: The patent granted to Tesla for its electric car battery technology.
2.​ Identity and Goodwill (Trademarks):​

○​ Protects brand identity through distinctive signs, logos, or symbols that

distinguish goods/services.
○​ Example: The "Apple" logo for Apple Inc. products.
3.​ Creativity (Copyrights):​

○​ Protects original literary, musical, artistic, and dramatic works.

○​ Example: J.K. Rowling’s Harry Potter series is protected under copyright law.
4.​ Product Appearance (Designs):​

○​ Protects the unique aesthetic appearance of a product.

○​ Example: The Coca-Cola bottle’s iconic shape is protected under design law.

Definition of Trademarks

●​ Trademark:​
A trademark is a distinctive sign or indicator capable of identifying the origin of
goods/services and distinguishing them from those of competitors.
●​ Types of Trademarks:
○​ Logos, brand names, slogans, colors, shapes, or sounds.
●​ Example:
○​ The golden arches of McDonald’s are a registered trademark, symbolizing its
global presence.
2. Origin of Trademarks in India

Historical Context

●​ Development During the British Regime:

○​ Trademarks in India date back to the British colonial period.
○​ Merchants and industrialists demanded protection for their brands, marks, and
styles to safeguard against counterfeiters.

Why Trademarks Were Needed

●​ Prevented others from adopting identical or similar brand names, styles, or designs.
●​ Ensured that merchants could trade confidently, knowing their brand reputation and
goodwill were protected.

Example:

●​ During the British era, popular brands like Tata Steel began using trademarks to
distinguish their products from competitors.

3. Legislation in India

1. Indian Trademark Act, 1940

●​ Significance:
○​ India’s first formal legislation for trademarks.
○​ Provided basic protection to registered trademarks.
●​ Limitations:
○​ Did not address modern trademark issues such as service marks or international
registration.

2. Indian Trade & Merchandise Marks Act, 1958

●​ Improvements:
○​ Defined trademarks comprehensively.
○​ Provided remedies for infringement and passing off.
○​ Allowed for assignment and licensing of trademarks.

3. Trade Marks Act, 1999

●​ Modernization:
○​ Aligned Indian trademark law with global standards under the TRIPS agreement.
 ○​ Introduced provisions for registering service marks, collective marks, and
well-known trademarks.
○​ Strengthened remedies against infringement, including punitive damages.
●​ Example:
○​ The Starbucks trademark was registered under this Act, ensuring protection in
India.

4. Trade Marks Rules, 2017

●​ Streamlined Procedures:
○​ Simplified the registration process.
○​ Introduced e-filing of trademark applications.
○​ Reduced the number of forms for various trademark actions.

4. Importance of Trademarks

1. Identifies the Origin of Products and Services

●​ Trademarks help customers recognize the origin of goods and services, ensuring
transparency.
●​ Example:
○​ The Amul logo instantly associates the product with its dairy origin and quality.

2. Indicator of Quality

●​ A trademark represents the reputation and quality of the associated products/services.

●​ Example:
○​ The "ISO Certified" mark signals a product’s adherence to quality standards.

3. Customer Association with the Brand

●​ Trademarks create emotional connections and loyalty among customers.

●​ Example:
○​ Nike’s "Just Do It" slogan is synonymous with athletic excellence and inspires
customer loyalty.

4. Enhances Business Competitiveness

●​ Trademarks help businesses differentiate themselves in a competitive market.

●​ Example:
○​ Pepsi’s blue-themed branding differentiates it from Coca-Cola’s red branding.
5. Characteristics of a Trademark

1. Distinctiveness

●​ A trademark must uniquely identify goods/services.

●​ Example:
○​ Google’s coined name is highly distinctive and unique.

2. Descriptive Nature

●​ Trademarks can describe the goods/services but must be unique enough to avoid being
generic.
●​ Example:
○​ "Creamy Delight" for ice cream can only be trademarked if it acquires
distinctiveness over time.

3. Easy to Pronounce and Remember

●​ Customers should find the trademark simple and memorable.

●​ Example:
○​ The "Uber" name is short, catchy, and easy to remember.

4. Not Obscene or Scandalous

●​ Trademarks must not contain offensive, obscene, or scandalous material.

●​ Example:
○​ A proposed trademark for garbage bags named "Sita" was rejected for hurting
religious sentiments.

5. Appeals to Senses

●​ Trademarks can appeal to visual, auditory, or other senses.

●​ Example:
○​ The Intel chime (a sound mark) is immediately recognizable.

6. Statutory Compliance

●​ Trademarks must comply with legal requirements and not be statutorily prohibited.
●​ Example:
○​ The Red Cross emblem is prohibited for use as a trademark under the Geneva
Conventions.

This detailed explanation provides a structured overview of the key aspects of trademarks and
intellectual property rights. Let me know if you need further elaboration!
6. Advantages of Trademark Registration

1. Protection Against Misuse of Brand/Goodwill

●​ Trademark registration provides legal ownership of the mark, protecting it from

unauthorized use by competitors or counterfeiters.
●​ Prevents loss of reputation or customer trust due to fake or inferior products being sold
under the same brand.
●​ Example: The Ray-Ban trademark is registered globally to stop counterfeit sunglasses
that might damage its goodwill.

2. Exclusive Rights for Use, Assignment, or Licensing

●​ Registered trademark owners have exclusive rights to use the trademark for their
goods/services.
●​ The trademark can be monetized by licensing or assigning it to others, creating
additional revenue streams.
●​ Example: Disney licenses its trademarks (e.g., Mickey Mouse) to merchandise
producers worldwide.

3. Legal Relief in Case of Infringement

●​ Trademark registration provides the right to take legal action against infringers, ensuring
compensation for damages.
●​ Courts can issue injunctions, order destruction of infringing goods, or impose penalties
on violators.
●​ Example: Adidas successfully sued a shoe company for using a logo resembling its
three-stripe trademark.

7. Types of Trademarks

1. Product Mark

●​ Identifies and distinguishes goods, covering Classes 1–34 of the Nice Classification.
●​ Example: The Amul logo signifies dairy products under this category.

2. Service Mark

●​ Used to identify services rather than goods, covering Classes 35–45 of the Nice
Classification.
●​ Example: The FedEx logo is a service mark for courier and logistics services.

3. Certification Mark
 ●​ Indicates a product’s origin, quality, material, or compliance with standards.
●​ Example: The ISI mark certifies that products meet Indian safety and quality standards.

4. Collective Mark

●​ Used by organizations or associations to distinguish their members’ goods/services from

non-members.
●​ Example: The CA logo represents members of the Institute of Chartered Accountants of
India.

5. Shape Mark

●​ Protects distinctive shapes that identify a product with its manufacturer.

●​ Example: The unique contour shape of the Coca-Cola bottle is a registered shape mark.

6. Sound Mark

●​ Protects sounds associated with a brand or product.

●​ Example: The Intel chime is a sound mark recognized globally.

7. Pattern Mark

●​ Protects distinctive patterns associated with a product or brand, often seen in the fashion
industry.
●​ Example: The Louis Vuitton chequered pattern is a registered trademark.

8. Important Symbols

1. ™ (Trademark)

●​ Denotes an unregistered trademark that the owner intends to use for brand protection.
●​ Example: A startup might use ™ for its brand before obtaining formal registration.

2. ® (Registered Trademark)

●​ Indicates a trademark officially registered under trademark laws, granting legal

protection.
●​ Example: The Nike swoosh logo is a registered trademark with the ® symbol.

3. © (Copyright)

●​ Protects original works of authorship, including literature, music, and artwork.

●​ Example: The Walt Disney logo includes a © symbol to protect its creative content.
9. Registration of Trademarks

Process

1.​ Trademark Search:​

○​ Ensures the mark is unique and not already registered.

○​ Example: Conducting a search for a new logo design to confirm no existing
conflicts.
2.​ File Application:​

○​ Submit the application with details of the mark, class, and owner.
3.​ Address Objections:​

○​ Respond to objections raised by the trademark registrar, if any.

4.​ Publication in the Trademark Journal:​

○​ Allows public scrutiny for potential opposition.

5.​ Address Oppositions:​

○​ Resolve objections raised by third parties during the publication period.

6.​ Obtain Registration:​

○​ Once approved, the trademark is registered and valid for 10 years, renewable
indefinitely.

10. Refusal of Trademarks

Absolute Grounds (Section 9)

●​ Lacks Distinctiveness:
○​ Example: A generic term like "Milk" cannot be trademarked for dairy products.
●​ Deceptive or Obscene:
○​ Example: A product named Sita for garbage bags could hurt religious sentiments.

Relative Grounds (Section 11)

●​ Likelihood of Confusion:
○​ Example: A company using a mark similar to Google for tech services might
confuse customers.
●​ Similarity to Well-Known Trademarks:
○​ Example: An unauthorized use of the Coca-Cola name in a different product
category.
11. Passing Off

Definition

●​ A common law remedy to protect the goodwill of an unregistered trademark from being
misrepresented.

Elements

1.​ Goodwill:
○​ The reputation associated with the product/service.
2.​ Misrepresentation:
○​ Unauthorized use of a similar trademark causing confusion.
3.​ Damages:
○​ Losses caused to the owner due to the misrepresentation.

Remedies

●​ Injunctions, damages, or destruction of infringing goods.

●​ Example: The Starbucks vs. Sardarbuksh case involved passing off, leading to changes
in branding.

12. Infringement of Trademarks

Definition

●​ Unauthorized use of a registered trademark for identical/similar goods or services.

Covers

●​ Misuse in packaging, advertising, or trade names.

Remedies

1.​ Civil:
○​ Injunctions and compensation for damages.
○​ Example: Subway sued a competitor for copying its brand aesthetics and won
legal relief.
2.​ Criminal:
○​ Imprisonment (up to 3 years) or fines (₹50,000–₹2,00,000).
○​ Example: Police raids on shops selling counterfeit Adidas products.
13. International Trademark Filing

Madrid System

1.​ Simplifies Registration:

○​ Allows trademark registration in multiple countries through a single application.
2.​ Dependency on Base Application:
○​ The international registration remains dependent on the base application for 5
years.

Example

●​ A global company like Apple can use the Madrid System to register its logo across
various countries efficiently.

14. Case Studies

1. Daimler Benz vs. Hybo Hindustan

●​ Facts: Unauthorized use of “Benz” for undergarments.

●​ Outcome: Court granted an injunction, emphasizing that a luxury car brand name
cannot be used for unrelated products.

2. Starbucks vs. Sardarbuksh

●​ Facts: A café used a name and logo similar to Starbucks.

●​ Outcome: The court ordered branding changes, including a name modification to
Sardarji-Bakhsh.

3. Subway IP LLC vs. Infinity Foods

●​ Facts: A former franchisee created a brand (Superb) resembling Subway, including

similar menu names.
●​ Outcome: The court ruled in Subway’s favor, mandating significant branding changes by
the competitor.

This comprehensive explanation covers all requested points in detail with structured examples.
Let me know if you'd like to expand on any section!