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Posted on Sep 11, 2020 in Other subjects

Trade mark

A trade mark is normally a word or logo or combination of both that is associated with certain goods or services giving rise to a brand value. Registered trade marks give the owner a monopoly right to use that name or logo and the right to prevent identical or similar trade marks being used for similar goods and services. It can therefore be a very valuable right.

Definition

A trademark is a word, name, symbol, or device or any combination thereof, used or intended to be used to identify and distinguish a company’s goods or services from those goods or services sold by others, and to indicate the source of goods.  Basically, a trademark is a brand name that is the name of a company or the name a company’s product or service, and it can be one of the most vital assets to a company
Essentials
Following essentials must be fulfilled by a mark to be called as a trade mark
Distinctiveness:
A Trade mark must distinguish the goods of its owner from the foods of other manufacturer.In casr of pakistan Drug House(PVT.)Limited vs Rio chemical company and another, the high court of karachi held that the a trade mark is meant to distinguish the goods of owner of owner of the mark whether registerd(or otherwise like prior user) from that of other manufacturer or producer of goods.
Invented Word:
A trade mark if consisted on letters should be an invented word invented. Word means a word which is solely new one
Easy to pronounce and Spell:
If a trade mark is consisted on words, the words should be easy to pronounce and spell. It should also be easy to write
Suggestive of Quality:
A trade mark shall not be the one which describes the goods rather is must be suggestive of the quality of the goods of services
shortness:
It should be short
Appealing:
Furthermore, A good trade mark should be so pleassant that it should appeal to both to eye and ear
Compatibilty:
Before, Finalizing a trade mark it must be seen that wheather it fulfills all the requirements for registration or not. For the purpose to Register a trade mark, the trade mark must be compatible otherwise, the registar may refuse it
Conclusion:
To Conclude, trade mark is sign or mark which individualizes the goods or services of one enterprise from the goods or services of others. A mark to be known as a trade mark it is important that it should be capable of graphical expression and it must be distinctive one. A trade mark is basically meant to facilitate the comsumer and it also give benefits to the manufacturer



Penalties And offences

[Sections 118-124] of the Patents Act, 1970, deals with the provisions of penalties. Various parameters have been laid down by the Patent office to impose penalties on any act which were forbidden by Patent law. These penalties are in form of either fine, imprisonment or both. Parameters such as providing false information to patent office, unauthorized claims of Patent rights, failure to furnish information related to working of patent, wrongful use of word patent office, practice by unauthorized person i.e. non patent agents, offence by companies etc. Further, we will also discuss regarding the reliefs in an action for infringement as defined under section 108 of the Patents Act, 1970.

Contravention of secrecy provisions relating to certain inventions: In this case, if any person fails to comply with the directions given under section 35 or makes an application for grant of Patent in contravention of section 39 of the Patents Act, 1970, then he shall be liable for punishment with imprisonment for a term of which may extend to 2 years or fine or with both.

Falsification of entries in register, etc: If any person makes false entry in the register of Patent, or writing falsely purporting to be a copy of an entry in such a register, knowingly or unknowingly, he shall be punishable with imprisonment for a term which may extend to 2 years or fine or with both.

Unauthorized claim of Patents rights: If any person falsely claims or represent any article sold by him is patented in India or if the article is stamped, engraved or impressed on or otherwise applied to, the article the word “patent” or “patented” or some other word expressing or implying that the patent of the article has been obtained in India or; that an article is the subject of an application for a patent in India, or if the article is stamped, engraved or impressed on or otherwise applied to, the article the word “patent” or “patented” or some other word expressing or implying that the patent of the article has been made in India, he shall be punishable with fine which may extend to 1-lakh rupees.

Wrongful use of words “patent office”: If any person uses on his place of business or on any of the document issued by him the word patent office or in any other way which would lead to belief that his place of business or document issued by him are related to or connected with the patent office, then such offence shall be punishable with imprisonment for a term which may extend to 6 months or with fine, or with both.

Refusal or failure to supply information: In any case, if the person fails to furnish or refuses any information which is false, and which he either knows or it does not believe to be true, as required by the central government under section 100(5) of the Patents act, 1970 or any information related to working of patents which is require to be furnished under section 146 of the Patents Act, 1970,
He shall be punishable with fine which may extend to 10-lakh rupees or in case of providing false information as required under section 146, the offence shall be punishable with imprisonment which may extend to 6 months or with fine, or with both.

Practice by non-registered patent agents: If any person contravenes the provisions of section 129, he shall be punishable with fine which may extend to 1-lakh rupees in first offence and 5-lakh rupees in second offence.

Offence by companies: If any company as well as every person in charge of, and in responsible to that company found responsible for the conduct of his/ their business at the time of commission of the offence shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.



Intellectual Property History

The history of intellectual property is complex and fascinating. It begins in 500 BCE when Sybaris, a Greek state, made it possible for citizens to obtain a one year patent for “any new refinement in luxury.” Patent, trademark and copyright laws have become more complicated in the ensuing centuries but the intent remains the same. Countries establish intellectual property laws to foster creativity and to make it possible for the inventor to reap the benefits of their ingenuity.

Mentions of copyrights, patents and other matters of intellectual property law are sparse in early history. It is not until medieval Europe that some major and well-known legislation was passed. The first of these was the Statute of Monopolies. This British law was established in 1623. At the time, all major industries were controlled by guilds. Each guild held considerable power, with the government endowing them with the ability to dictate what products and raw materials could be imported as well as how those items would be produced and sold. Moreover, the guilds were responsible for bringing all new innovations to the marketplace, essentially giving them ownership and control over inventions even if they had nothing to do with their creation.
 Ownership Rights
The Statute of Monopolies changed that by allowing the author or inventor to retain their ownership rights. Monopolies, in the form of government-sanctioned guilds, were no longer granted. The law also guaranteed the inventor a 14 year period during which he had the exclusive right to govern how his invention was used. 

Other significant legislation came in 1710 with the Statute of Anne. This law similarly provided a 14 year term of protection. It also gave inventor the option of seeking a 14 year renewal term. Aimed largely at copyrights, this law granted authors rights in the recreation and distribution of their work.

Intellectual Property in colonial US

Shortly after the U.S. broke away from Great Britain, most of the 13 colonies had established its own system for intellectual property protection. The one exception to this was Delaware. However, it was soon apparent that having each state operate its own system of intellectual property protection was problematic, leading to the establishment of federal laws that had precedence over any state laws.

Global Intellectual Property

In 1883, the Paris Convention came into being. It was an international agreement through which inventors could protect their innovations even if they were being used in other countries. Writers came together in 1886 for the Berne Convention which led to protection on an international level for all forms of written expression as well as songs, drawings, operas, sculptures, paintings and more. Trademarks began to gain wider protection in 1891 with the Madrid Agreement while the offices created by the Paris and Berne Conventions eventually combined to become the United International Bureaux for the Protection of Intellectual Property, the precursor of today’s World Intellectual Property Organization, which is an office of the United Nations.


industrial design

industrial design” is the title granted by an official authority, generally the Patent Office, to protect the aesthetic or ornamental aspect of an object. This protects solely the non-functional features of an industrial product and does not protect any technical features of the object to which it is applied.

Industrial design rights are granted to the creator of designs to reward them for their effort and investment in manufacturing the product. These rights enable the owner to make articles to which the design is applied or in which the design is embodied.

essential characteristics

The industrial design is recognized as original if it’s essential characteristics determine the creative nature of the product’s features. Significant features include, in particular, shape, configuration, ornament and color combination.

Industrial designs are an important means of protecting the interests of the business entity, since appearance is often a determining factor when a consumer choosing a particular product. Given that the technical data of similar-purpose products manufactured by different manufacturers may coincide, the differences in their appearance can be of decisive importance. In this regard, the acquisition of a patent monopoly on an industrial design is a strategic task of the manufacturer.

An industrial design can be created in any sphere of human activity, where producing products that can have an appearance (practically, these are any objects).
Solutions protected as an industrial design can relate to the most diverse aspects of human activity – from clothes to complex design solutions (cars, boats and etc.).
Due to the fact that the industrial design refers to the appearance of an object, the concept of “design” is often used in the world to define an industrial design. Since often an industrial design is the result of a designer’s creative work.
Do not recognized as industrial design the following solutions:

1.caused solely by the technical function of the products;

2.objects of architecture (except for small architectural forms), industrial, hydraulic engineering and other stationary structures;

3.objects of unstable form from liquid, gaseous, loose or similar substances;

4.products that are contrary to the public interest, the principles of humanity and morality.



DEFINITION of Copyright

Copyright refers to the legal right of the owner of intellectual property. In simpler terms, copyright is the right to copy. This means that the original creator of a product and anyone he gives authorization to are the only ones with the exclusive right to reproduce the work. Copyright law gives creators of original material, the exclusive right to further develop them for a given amount of time, at which point the copyrighted item becomes public domain.

copyright registration

It is a common misconception to confuse copyright registration with the granting of copyright. Copyright in most countries today is automatic on “fixation” – it applies as soon as the work is fixed in some tangible medium. This standard is established internationally by the Berne Convention (1886), which most countries have signed onto since. Registration may be required by countries before joining Berne. For instance, the US required registration of copyrighted works before it signed onto the Berne Convention in 1989; at that point, registration was no longer required for works to be copyrighted in the US.
The observation that registration is not required in the United States, however, has been described as misleading.This is partly because registration remains a prerequisite to filing an infringement suit and also because important remedies depend on prompt registration—such as attorneys fees and statutory damages. At least one commentator has questioned whether the conditioning of legal recourse on registration is inconsistent with the United States’ obligations under the Berne Convention regarding “formalities”.

Types of Copyright

Public Performing Right

The exclusive right of the copyright owner, granted by the U.S. Copyright Law, to authorize the performance or transmission of the work in public.

Public Performance License

BMI issues licenses on behalf of the copyright owner or his agent granting the right to perform the work in, or transmit the work to, the public.

Reproduction Right

The exclusive right of the copyright owner, granted by the Copyright Act, to authorize the reproduction of a musical work as in a record, cassette or CD.