WEBVTT Kind: captions Language: en 00:00:24.040 --> 00:00:30.320 a very warm welcome in module 3 of week two of the course intellectual 00:00:30.320 --> 00:00:38.320 property disputes code practices and enforcement now you know that week two we are focusing on 00:00:38.320 --> 00:00:44.120 different types of intellectual properties now in this module we will focus on copyright and a 00:00:44.120 --> 00:00:51.200 trademark system in India now you know that first we will go into details of copyright and then we 00:00:51.200 --> 00:00:57.360 will go into the details of a trademark details okay now when we are talking about a copyright 00:00:57.360 --> 00:01:05.800 what exactly copyright you can just check here it is a published and unpublished literary scientific 00:01:05.800 --> 00:01:16.880 and artistic work whatever the form of expression provided such works are fixed in a tangible or a 00:01:16.880 --> 00:01:24.560 material form so that is very important tangible and material form is very important and the form 00:01:24.560 --> 00:01:32.120 may be any expression it may be but it will be literary scientific and artist IC one and if 00:01:32.120 --> 00:01:39.800 you see the copyright term actually it is a 60 years from the life of the author so life of the 00:01:39.800 --> 00:01:46.280 author plus 60 years is a term of a copyright and it will be like un published and unpublished that 00:01:46.280 --> 00:01:51.400 is very important it may be like you are writing notes now it is not published anywhere but you 00:01:51.400 --> 00:01:56.840 have written it now it is your copyright it is you are getting immediately protection for that 00:01:56.840 --> 00:02:05.480 particular writing that creation that expression the way with you are writing it now you can just 00:02:05.480 --> 00:02:10.840 check here that copyright is a creation of a human intellect actually in the week four we are talking 00:02:10.840 --> 00:02:16.760 about artificial intelligence and there this this point is like a very important that we are 00:02:16.760 --> 00:02:24.440 talking about a human intellect and creation by human Act is like considering human as a author 00:02:24.440 --> 00:02:31.240 in case of a copyright and that is one thing where actually the dispute is there considering 00:02:31.240 --> 00:02:38.320 whether artificial intelligence that is a machine generated or generative AI when we are talking 00:02:38.320 --> 00:02:45.200 whether that will qualify for the copyright that authorship or not okay so in week four we will 00:02:45.200 --> 00:02:50.800 go into details but just remember this very carefully that creation of a human intellect 00:02:50.800 --> 00:02:58.320 copyright is a creation of human intellect and it is like granted the that for that creativity that 00:02:58.320 --> 00:03:05.520 creativity that original expression by the author obviously all IPS are exclusive right so copyright 00:03:05.520 --> 00:03:13.440 is also exclusive right and it is given to the author just like patent inventor is like a doing 00:03:13.440 --> 00:03:20.920 whatever the activities that technology related process method apparatus whatever it may be so 00:03:20.920 --> 00:03:26.320 the inventorship that is there and then there is a assign is there in case of copyright there 00:03:26.320 --> 00:03:32.560 is a authorship and author is a owner in case of of a patent applicant is different assig is 00:03:32.560 --> 00:03:38.480 different and they are the legal having that legal rights inventor do not have legal right in case of 00:03:38.480 --> 00:03:46.040 copyright please note the difference is author is the owner so legal rights are with the author okay 00:03:46.040 --> 00:03:52.880 now here it protects obviously the original works we are talking about novelty aspect in patent here 00:03:52.880 --> 00:03:59.920 we always talk about the original expression and as we have discussed in like just 00:03:59.920 --> 00:04:06.760 now that it should be fixed on a tangible medium or a that expression should be on a tangible 00:04:06.760 --> 00:04:13.520 medium so maybe pen drive or a CD when we are talking about music or compositions are there 00:04:13.520 --> 00:04:20.040 the blueprint of the architectural like designs or that maps are there everything you are putting it 00:04:20.040 --> 00:04:27.360 on the that some tangible form it may be paper it may be some like Gad gate it may be so it should 00:04:27.360 --> 00:04:34.680 be in that particular form right so this copyright when we are talking talking about we have to just 00:04:34.680 --> 00:04:41.040 remember that authorship is like author is the owner that is little different from that patent 00:04:41.040 --> 00:04:45.960 there are so many differences are there but here you please remember this so when we are talking 00:04:45.960 --> 00:04:52.040 about the subject matter of a copyright you can just check here the subject matter is a literary 00:04:52.040 --> 00:04:59.840 work musical work dramatic work pantomimes and choreographic work sound recording motion features 00:04:59.840 --> 00:05:07.000 and other audio visual Works architectural Works pictorial graphical and sculptural works so when 00:05:07.000 --> 00:05:12.280 we are talking about the like a subject matter subject matter of a patent we have talked about 00:05:12.280 --> 00:05:16.600 the invention Innovation we are talking about right when we are talking about a copyright 00:05:16.600 --> 00:05:21.560 what is a subject matter it is a literary one it may be drawing it may be like you are writing 00:05:21.560 --> 00:05:27.560 something you are presenting it in a form of table it may be presentations whatever it may be it may 00:05:27.560 --> 00:05:34.840 be musical work right that graphical notes you are writing whatever that work may be dramatic work it 00:05:34.840 --> 00:05:41.920 may be it may be pantomimes and choreography sound recording Motion Pictures and that cinematographic 00:05:41.920 --> 00:05:48.120 films and all right then architectural work is there pictorial graphic and sculptural work 00:05:48.120 --> 00:05:54.640 is there so any TV programs you are watching any movies you are watching any publishing you're like 00:05:54.640 --> 00:06:02.800 exploring okay so all this even I should mention here that websites you are going through right 00:06:02.800 --> 00:06:09.920 all this will come with a that copyright okay so that we have to remember that choreography that 00:06:09.920 --> 00:06:16.360 SJ Khan is giving choreography we that shamak Dak is giving that choreographic choreography work so 00:06:16.360 --> 00:06:23.800 that is all protected under a copyright okay now when we are talking about a computer software we 00:06:23.800 --> 00:06:29.680 have taken that in the patn that section 3K is talking about computer per is not that computer 00:06:29.680 --> 00:06:35.640 program Pur is on patentable in copyright what is happening copyright software or a program it 00:06:35.640 --> 00:06:41.120 can be registered as a literary work so it will come under the category as a literary work as 00:06:41.120 --> 00:06:52.040 for Section 20 of Copyright Act 1957 literary work includes computer programs tables and compilations 00:06:52.040 --> 00:06:57.440 okay including the computer databases so all that will be included in the copyright so you 00:06:57.440 --> 00:07:04.240 have option it is your choice whether you want to patent it if by following the computer related 00:07:04.240 --> 00:07:10.480 guidelines which are there that patent guidelines are there or you can go for the copyright the only 00:07:10.480 --> 00:07:15.160 thing is that when you are going for a copyright registration for that a computer program or a 00:07:15.160 --> 00:07:22.960 software source code has to be supplied along with the application for registration of that copyright 00:07:22.960 --> 00:07:29.680 that is a mandatory thing right so this is about a computer software now when we are talking about 00:07:29.680 --> 00:07:36.680 the authorship we are talking about that author is a owner so who is like a author in case of that 00:07:36.680 --> 00:07:42.240 particular that subject matter whatever we are talking so when we are talking about a literary 00:07:42.240 --> 00:07:49.040 work the writer who is writing a book or now you are writing the notes okay so you are writing so 00:07:49.040 --> 00:07:55.840 you are the author for that particular work right dramatic work if it is there so what will happen 00:07:55.840 --> 00:08:03.600 that drama whoo has written right that script who has written that will be the writer that will be 00:08:03.600 --> 00:08:11.640 the author for that particular creation musical work is there right a rman is giving music right 00:08:11.640 --> 00:08:19.000 so he is a like giving music he is like a author for that particular musical work artistic work 00:08:19.000 --> 00:08:28.960 is there right so that Suppose there is a like any like scene drawing or the that particular 00:08:28.960 --> 00:08:37.560 sculpture is created so whosoever is creating that particular sculpture right so that is a author for 00:08:37.560 --> 00:08:44.600 that particular creation then we are talking about photograph so whosoever clicks that photograph 00:08:44.600 --> 00:08:50.240 right nowaday photograph is like comparatively everybody is like clicking photographs in the 00:08:50.240 --> 00:08:57.400 mobile so whosoever clicks that photograph and we will talk about monkey case that selfie 00:08:57.400 --> 00:09:03.640 Cas is there in week four so there also that by mistake monkey clicked that photograph and 00:09:03.640 --> 00:09:09.880 there was a like interesting case around that so photographer is a whosoever clicks whoever takes 00:09:09.880 --> 00:09:16.840 that particular photo is the author and that will be the owner of that particular photograph then we 00:09:16.840 --> 00:09:23.640 are talking about a cinematographic film many like aspects are there like music is there choreograph 00:09:23.640 --> 00:09:30.760 is there actors are there that script is there right set is there so all these aspects are there 00:09:30.760 --> 00:09:39.080 but producer is a one who is like a author it is considered as a producer who is a author for the 00:09:39.080 --> 00:09:47.360 cinematographic film recording right so music recording so whosoever is recording that right 00:09:47.360 --> 00:09:53.200 that we know that gulan Kumar presence you have seen that so that recording like the house 00:09:53.200 --> 00:09:59.320 which is the who are recording obviously they will own that particular right over that particular 00:10:00.120 --> 00:10:06.640 recording okay so we have to appreciate that and we should understand who is a owner and owner is a 00:10:06.640 --> 00:10:13.600 author is a owner okay now we will talk something about a related rights so along with the copyright 00:10:13.600 --> 00:10:19.920 there is a related rights are there related rights are also known as a neighboring rights actually 00:10:19.920 --> 00:10:25.600 so what exactly that neighboring rights are there so you can just check here broadcasting right and 00:10:25.600 --> 00:10:32.880 performance right these are the mainly the related rights are there so what is the meaning of that so 00:10:32.880 --> 00:10:39.360 suppose you are watching a match football match which is happening or cricket match which 00:10:39.360 --> 00:10:45.640 is happening somewhere in the world and one company gets the contract you probably heard 00:10:45.640 --> 00:10:51.840 about the auction before the matches that who will take that rights for that broadcasting and 00:10:51.840 --> 00:10:58.400 that auctions are like huge the transaction Financial transactions are there generally it is 00:10:58.400 --> 00:11:05.320 around 1,600 crores or plus because broadcasting rights once it is transferred to that company 00:11:05.320 --> 00:11:11.760 that company will hold that right for 25 years please understand that thing copyright life we 00:11:11.760 --> 00:11:19.000 have talked about that life of the author and then there is a like 60 years but in case of 00:11:19.000 --> 00:11:27.800 a this particular broadcasting right once that match or that particular any broadcasting happen 00:11:27.800 --> 00:11:35.480 25 years starting from next calendar year January that 25 years are calculated okay so 00:11:35.480 --> 00:11:41.480 that is a broadcasting right now what about the performers right who is a performer so you know 00:11:41.480 --> 00:11:48.600 that Snake Charmer Also may be the performer somebody is taking like the drama they 00:11:48.600 --> 00:11:54.720 are doing that drama they are performer actor actors actor or actress they are doing the that 00:11:54.720 --> 00:12:01.120 performance for that particular movie so they are performers or potic Ian is giving a pitch 00:12:01.120 --> 00:12:08.200 so he's a performer now I'm just sharing with you this particular session so I'm also performing 00:12:08.200 --> 00:12:14.440 here so I will have that performers right right or you are like presenting a seminar so you are 00:12:14.440 --> 00:12:21.840 performing there so you are a performer so if particular that performing is like happening 00:12:21.840 --> 00:12:28.520 what is the right then so performer whoever is performing is getting that particular right 00:12:28.520 --> 00:12:33.720 now what what is the life of that performance rate it is a 50 years so broadcasting rate it 00:12:33.720 --> 00:12:39.600 is a 25 years and performance rate is it a 50 years how it is calculated calculated from the 00:12:39.600 --> 00:12:47.720 next calendar year January right so if L meskar sing particular song so her performing it is her 00:12:47.720 --> 00:12:54.200 performance so her right will start from the next immediately the right is started but the counting 00:12:54.200 --> 00:13:01.360 of that 50 years is from the next year January 50 years that me be considered okay so that is 00:13:01.360 --> 00:13:08.240 what the performance right is now we will just go into the little more details about a copyright by 00:13:08.240 --> 00:13:13.600 using this particular video is there you just watch this video and just get more information 00:13:13.600 --> 00:13:20.160 about the copyright now we will move further and we will see the entrepreneur related contributions 00:13:20.160 --> 00:13:29.560 by this University so if we see the companies which have founded by that Stanford alumni 00:13:29.560 --> 00:13:36.760 if we see the revenue which is generated and that Revenue it is a more than just listen 00:13:36.760 --> 00:13:46.480 carefully it is more than $2.7 trillion in annual revenue that we are talking about and which is we 00:13:46.480 --> 00:13:53.440 can say if we want to compare it is equivalent to 10th largest economy in the world that is a 00:13:53.440 --> 00:14:00.560 kind of scenario single University and this is the outcome now if we see the a few examples 00:14:00.560 --> 00:14:07.560 and here is the example you see that HP when we are talking about this HP you you are very well 00:14:07.560 --> 00:14:16.280 aware about this company it is started here 1939 and co-founders are the alumni of this particular 00:14:16.280 --> 00:14:24.560 Institute next is like a silicon Graphics if we see the Silicon Graphics example it is a 00:14:24.560 --> 00:14:32.800 outcome of this University next you see the sun microsystem yes do you know who is a Founder for 00:14:32.800 --> 00:14:40.920 it vinod kosla is a Founder for this and he has along with his colleagues he has started this 00:14:40.920 --> 00:14:51.520 sun micro system now the next example is a Cisco now if you see the Cisco example founder is from 00:14:51.520 --> 00:14:59.040 this University he is Leonard and along with his co-founders he has started this company 00:14:59.880 --> 00:15:04.800 now just check here these are the few we can say the characteristics or attributes of a 00:15:04.800 --> 00:15:11.000 copyright you can just say automatic protection is there now we are talking about the copyright 00:15:11.000 --> 00:15:17.320 registration then we say that yes you have to do the registration with the form 14 but whether it 00:15:17.320 --> 00:15:25.160 is a required so it is not mandatory so there is automatic protection because of a burn convention 00:15:25.160 --> 00:15:31.360 so there is a one convention which is accepted by the signatories of a Paris convention most of the 00:15:31.360 --> 00:15:40.440 that that like 179 countries they have accepted that burn convention and this burn convention 00:15:40.440 --> 00:15:46.440 gives you automatic protection so what is the meaning of that if you are writing Now notes or 00:15:46.440 --> 00:15:53.000 that broadcasting or performer whatever that right may be whenever it is created without protection 00:15:53.000 --> 00:16:00.000 immediately in 179 wherever the burn convention signaries are there all that across Ross the world 00:16:00.000 --> 00:16:06.240 you will get protection immediately now in that case if like that particularly when we are talking 00:16:06.240 --> 00:16:14.360 about that protection what will happen that when that protection is there that is a burn 00:16:14.360 --> 00:16:23.720 convention here you are like if some infringement happen in USA regarding your particular copyright 00:16:23.720 --> 00:16:29.840 obviously you can take action in India means immediately you have to like a you can initiate 00:16:29.840 --> 00:16:34.320 that action although you have not done the protection in that particular jurisdiction so 00:16:34.320 --> 00:16:41.200 that is the benefit of that automatic protection now so as I said the registration is not mandatory 00:16:41.200 --> 00:16:48.400 for that particular that when we are talking about a copyright registration is not mandatory 00:16:48.400 --> 00:16:54.200 now Prime ify evidence then why you should go for that particular registration so you can go 00:16:54.200 --> 00:17:00.960 for the registration because that will act as a prim aesy evidence for that particular copyright 00:17:00.960 --> 00:17:06.920 right now when we are talking about the ownership that ownership of a copyright it is all like when 00:17:06.920 --> 00:17:12.920 you have on the certificate when it is written it is a sanila bansali production it is very clear 00:17:12.920 --> 00:17:19.040 you need not to like prove anything else once you have that certification so if any that big 00:17:19.040 --> 00:17:23.560 commercialization is around that particular copyright obviously it is suggested that 00:17:23.560 --> 00:17:28.840 you should do the copyright registration okay then when we are talking about a registration 00:17:29.520 --> 00:17:35.600 as I have told you that it's a valuable to a copyright owner if it is like a like more 00:17:35.600 --> 00:17:42.600 that huge like you know that one movie it may go for like 100 cres 200 cres so obviously it 00:17:42.600 --> 00:17:48.560 is suggested that if that kind of a situation is there obviously it is better to do the copyright 00:17:48.560 --> 00:17:54.920 registration because that will give you easy proof and the evidence that yes you are the owner 00:17:54.920 --> 00:17:59.840 for that copyright now we have talked about the copyright and all but now there are are certain 00:17:59.840 --> 00:18:05.640 Societies or certain activities movements are there that they are like suggesting that 00:18:05.640 --> 00:18:10.840 sometimes you may not want to do the copyright protection you want to keep or open it to 00:18:10.840 --> 00:18:18.160 the public so there are like this is like a like creative common is one such like movement and in 00:18:18.160 --> 00:18:23.720 Creative Commons you can see the six licenses are there you can just check here that creative common 00:18:23.720 --> 00:18:28.840 it is attribution you can just give attribution and you can use that particular content and then 00:18:28.840 --> 00:18:33.520 not restricting you the commercialization of that particular content or creation whatever 00:18:33.520 --> 00:18:39.880 it it is there then there is like a attribution and share alike is there that you should give 00:18:39.880 --> 00:18:45.600 the attribution also and whatever you are creating you it is mandatory that you should share the same 00:18:45.600 --> 00:18:52.280 thing right it is a ccbysa so it is mandatory that you will you will not make any like 00:18:52.280 --> 00:18:58.000 you will whatever creation is there you are like sharing it into the public domain then there is a 00:18:58.000 --> 00:19:03.320 third type that is attribution and no derivatives like so what happened that yes you have created 00:19:03.320 --> 00:19:08.280 you have you have got access to something but D derivative work is like you're converting book 00:19:08.280 --> 00:19:15.320 to the drama drama into the movie so you can give attribution but derivative work is not allowed in 00:19:15.320 --> 00:19:21.560 that particular case okay next is the attribution and non-c commercialization that you it's it is 00:19:21.560 --> 00:19:27.640 little bit like you use for yourself there is no problem but non-c commercialization is there 00:19:27.640 --> 00:19:35.040 so it's usage is like a non-commercial usage that you're watching Youtube that videos and maybe in a 00:19:35.040 --> 00:19:41.120 group you are watching family is watching Society is watching it is okay fine so it's like a give 00:19:41.120 --> 00:19:46.760 attribution but it is a non-commercial activity then there is a attribution non-commercial and 00:19:46.760 --> 00:19:52.480 share alike actually so you can create the content but then you have to give with the same content 00:19:52.480 --> 00:19:57.600 same license you have to make it available to the public that is attribute non-commercial and share 00:19:57.600 --> 00:20:04.560 Alik next is like a attribution non-commercialized and then the no derivative so in the previous 00:20:04.560 --> 00:20:09.200 case non-commercialized obviously you are not commercializing that particular it is using it for 00:20:09.200 --> 00:20:16.920 the for your particular your your own work only and in the last is it is a restrictive you can 00:20:16.920 --> 00:20:21.760 say that you have to give attribution definitely you're not doing any commercialization so it is a 00:20:21.760 --> 00:20:27.680 non-commercial no derivatives you cannot create a derivatives without the permission okay so these 00:20:27.680 --> 00:20:33.680 are the six licenses and you can have the any of the option you can choose you are the author 00:20:33.680 --> 00:20:39.320 you are the owner so you can choose what exactly you want to allow okay so this is all about the 00:20:39.320 --> 00:20:46.200 copyright actually so copyright life of the author plus 60 years broadcasting right 25 years and then 00:20:46.200 --> 00:20:52.280 the performance right that is a 50 years right and then the subject matter of a copyright and 00:20:52.280 --> 00:20:57.160 then you have watch the video to get the more insights about the copyright and you can go in 00:20:57.160 --> 00:21:02.360 more details as you required because there is a lot of content available and we will share a 00:21:02.360 --> 00:21:07.600 few links in the last also that if you are not like having that exactly where you will 00:21:07.600 --> 00:21:13.400 get information we are sharing the links for the that in the last in the last we will share so 00:21:13.400 --> 00:21:18.560 now what we will do we will move to the trademark now now what is exactly the trademark is when we 00:21:18.560 --> 00:21:25.120 are talking about a trademark you can just check here that HP HP it is when it is said HP or I can 00:21:25.120 --> 00:21:32.360 just give you few names say Tata is there Bata much is there right or IIT Canada Bank Bank of 00:21:32.360 --> 00:21:39.760 India rolls Royals I've given few names right just few names I didn't not to say anything about that 00:21:39.760 --> 00:21:46.400 particular particular product or services or who own it or what is a like market value of 00:21:46.400 --> 00:21:53.040 that brand value of that nothing I have to say I'm I'm just sharing that one one thing a very small 00:21:53.040 --> 00:22:00.480 very brief kind of a presentation of that whole kind of a Empire is there right 07 one number but 00:22:00.480 --> 00:22:07.240 it is like a expressing that giving that idea about that particular thing right nobody want 00:22:07.240 --> 00:22:12.960 nobody requires explanation for that similarly here you can just see HP and then many times 00:22:12.960 --> 00:22:18.880 you can see the that Mark like a trademark right so but actually you just you just remember that 00:22:18.880 --> 00:22:25.680 when it is a register if when it is a process that application is in process TM is written but when 00:22:25.680 --> 00:22:31.600 it is like registered then R comes when it it is Art then you have to be very careful okay 00:22:31.600 --> 00:22:35.960 obviously if it is in the process also you have to be very careful but when it is registered you 00:22:35.960 --> 00:22:41.040 have to be more more carefully because it is already registered trademark okay what exactly 00:22:41.040 --> 00:22:46.440 this TM is or whether I need a TM that is the one important thing like you are now dealing with this 00:22:46.440 --> 00:22:51.400 IP dispute code practices and then the enforcement whether you will require tradmark suppose you are 00:22:51.400 --> 00:22:56.760 a lawyer and you are doing practice obviously you will have name so you will require a treadmark 00:22:56.760 --> 00:23:02.680 right suppose you are a like startup activity you are doing so obviously for your startup activity 00:23:02.680 --> 00:23:08.080 you have some name right you have t about so that will require that you have to register so that is 00:23:08.080 --> 00:23:13.880 a tradmark so if if you are like doing some you're associated with some organization just 00:23:13.880 --> 00:23:19.760 check that that some name is there right so that is trademark so in short I will say that if you 00:23:19.760 --> 00:23:26.520 are in a trade if you are earning a single penny or if you are planning to do that definitely you 00:23:26.520 --> 00:23:33.800 are coming with this particular type of IP that is a trademark generally in this particular era 00:23:33.800 --> 00:23:40.800 nobody like take a risk that not having a trademark protection so they will definitely do 00:23:40.800 --> 00:23:48.000 the trademark protection for the activity they are doing so that is what the that single word or a 00:23:48.000 --> 00:23:58.440 letter or that particular kind of logo right or a graphical presentation so that is like giving idea 00:23:59.280 --> 00:24:08.040 about the services or a products you are offering and that is particular is called as a tradar so 00:24:08.040 --> 00:24:14.840 whether you need it yes I will say that nowadays you are doing online campaigning or online kind of 00:24:14.840 --> 00:24:22.000 advertising your business is across borders so it is always better to have a trademark and what is 00:24:22.000 --> 00:24:29.800 the life of author that trademark so life of that trademark is a it is a unique actually it is a 10 00:24:29.800 --> 00:24:36.040 years and it is a renewable okay so it is a 10 years and it is a renewable what is the life of 00:24:36.040 --> 00:24:43.960 patent just think what is the life of copyright broadcasting right performers right and now you 00:24:43.960 --> 00:24:51.720 are talking about a trademark right so trademark is a you just remember it is a 10 years and it is 00:24:51.720 --> 00:24:59.840 a renewable so you can just see Tata or Philips or Simmons more than the century old organizations so 00:24:59.840 --> 00:25:05.160 till that name is obviously it is required so they are building that particular Goodwill and 00:25:05.160 --> 00:25:12.120 Empire around that particular that single word or letter right now what exactly this trademark you 00:25:12.120 --> 00:25:18.120 can do that you are owning it you buy trademarks you know that companies are like Acquisitions and 00:25:18.120 --> 00:25:24.960 mergers are happening you are selling it right right get loan by mortgaging trademark you know 00:25:24.960 --> 00:25:34.080 that trademark valuation is done right so for example 55 plus billion is a valuation of a 00:25:34.080 --> 00:25:42.240 Google or Microsoft so they are all like above $50 billion that dollars I'm talking $50 billion is 00:25:42.240 --> 00:25:49.440 the valuation more than that trademark valuation so what is the meaning of that if they give that 00:25:49.440 --> 00:25:58.240 that one trademark as a mortgage they can get or create the finances of that that value right 00:25:59.120 --> 00:26:03.320 you can transfer trademark so it's like a property transfer you are transferring your 00:26:03.320 --> 00:26:08.480 flat from that one fellow to other fellow you are doing registration and transferring it similarly 00:26:08.480 --> 00:26:16.400 trademark is transferred trademark is licens you know that KFC or MacDonald's or pizza 00:26:16.400 --> 00:26:23.480 heart why why this kind of a franchise is possible because it is possible to do the licensing of that 00:26:23.480 --> 00:26:28.240 and obviously it is a will is very important in case of a trademark very very important 00:26:28.920 --> 00:26:36.320 because it is a infinite life of trademark is infinite until that particular family or if 00:26:36.320 --> 00:26:42.040 it is a family business or that trust or that director body or that organization is active 00:26:42.040 --> 00:26:47.560 and they are like doing business obviously this trademark is like playing very important 00:26:47.560 --> 00:26:53.760 role and therefore will transferring the rights of trademark is very very important okay now 00:26:53.760 --> 00:26:58.520 you can just see the types of a trademark I've shared with you number as a trademark 00:26:58.520 --> 00:27:05.560 word as a Trad mark letter as a tread Mark right so if I say letter like H H written 00:27:05.560 --> 00:27:12.360 in particular way it becomes Hundai also or it may be Honda also right T if we say it is 00:27:12.360 --> 00:27:19.960 a tataa right so one letter is like a representing that particular organization Empire word Mark you 00:27:19.960 --> 00:27:26.640 know greyhound or maybe like you can take air bus these are the words and they are like acting as a 00:27:26.640 --> 00:27:33.880 trademark number I have Just sh you 501 or 007 right these are the numbers and they are like 00:27:33.880 --> 00:27:42.360 a trademarks then name as a trademark Benz you know Mercedes Benz Ben is a surname right Tata is 00:27:42.360 --> 00:27:49.400 also a surname right B is a surname so name as a treadmark logos you have seen different 00:27:49.400 --> 00:27:56.680 logos actually right so that yellow circle and then like MacDonald that logos are there that 00:27:56.680 --> 00:28:04.320 simple logos are there complex logos may be there also right or IIT logo you can just check that so 00:28:04.320 --> 00:28:10.120 that that it is a design which is created by that particular organization or Institute to represent 00:28:10.120 --> 00:28:16.120 themselves shape as a frar toon if you take right that particular triangular shape of that chocolate 00:28:16.120 --> 00:28:22.760 is very popular right or Coca-Cola you that shape of that bottle it is a pod it's very interesting 00:28:22.760 --> 00:28:28.120 story about that designing while designing that shape of that particular Coca-Cola bottle 00:28:28.640 --> 00:28:34.840 it was like inspired by the Pod design actually right so that shape as a trademark is like and 00:28:34.840 --> 00:28:41.080 unique cases their shape as a trademark you have seen that Taj M Hotel Taj in Mumbai they have 00:28:41.080 --> 00:28:47.080 received that trademark like protection okay now when we are talking about registration 00:28:47.080 --> 00:28:51.720 where exactly you can do the registration of a trademark you can just check here that yes 00:28:51.720 --> 00:28:58.040 Delhi you can do registration then there is a that Ahmedabad you can do registration in Gujarat 00:28:58.680 --> 00:29:04.240 then Mumbai right which is a head office of trademark Registry then you can just check 00:29:04.240 --> 00:29:11.000 here Chennai you can do registration and then then the Kolkata so these are the five offices where 00:29:11.000 --> 00:29:15.960 you can do the trademark registration nowadays everything is online you need not to go anywhere 00:29:15.960 --> 00:29:21.400 but jurisdiction is very important if you are in a Gujarat obviously your office is Ahmedabad 00:29:21.400 --> 00:29:27.080 if you are in Maharashtra Karnataka your office is obviously like if you're in Maharashtra your 00:29:27.080 --> 00:29:32.840 office is Mumbai if you're in Tamil Nadu your office is like a Chennai so that offices are 00:29:32.840 --> 00:29:40.120 like a jurisdiction wise that offices are like fix and you are getting the obviously it is online 00:29:40.120 --> 00:29:46.560 so you need not to worry but if you go physically that particular like division is there head office 00:29:46.560 --> 00:29:53.040 is a Mumbai now when we are talking about like trademark registration when important thing comes 00:29:53.040 --> 00:30:00.800 is the classification so while filing TMA form nice classific ification or n classification how 00:30:00.800 --> 00:30:06.000 also where you are pronouncing it so that is very important what exactly n classification 00:30:06.000 --> 00:30:15.320 is whatever the products or processes are there in the world sorry Services products and services 00:30:15.320 --> 00:30:21.840 product and process is a patent actually so products and services are there whatever the 00:30:21.840 --> 00:30:29.000 available huh these are like clubbed under 45 classes so up to 34 1 to 34 is the products 00:30:29.000 --> 00:30:35.720 which are offered and from 35 to 45 these are the services so for example education is a service 00:30:35.720 --> 00:30:41.520 banking is a service computer repairing and related activities is a service so that will come 00:30:41.520 --> 00:30:48.040 in between that 35 to 45 these are the classes related to service and 1 to 34 is a product chair 00:30:48.040 --> 00:30:54.200 is a product right laptop is a product pen is a product so all such products whatever you think 00:30:54.200 --> 00:31:01.200 about all these are like fixed come under that 1 to 34 class so whenever we are doing registration 00:31:01.200 --> 00:31:07.160 we have to check in under which class you want a registration because registration is a class 00:31:07.160 --> 00:31:13.520 specific actually okay how exactly the procedure is there that trademark registration procedure 00:31:13.520 --> 00:31:19.000 is there so obviously for patent you are doing a search similarly for trademark also you have 00:31:19.000 --> 00:31:24.440 to do search actually for copyright registration that particular procedure is not there but for 00:31:24.440 --> 00:31:31.160 trademark yes search is very important because a trademark that novelty WIS that first time you 00:31:31.160 --> 00:31:37.920 are doing you are not infringing the trademark of other is very important but there are that 00:31:37.920 --> 00:31:44.200 that particular trademark novelty aspect when we are talking about or that ownership aspect when we 00:31:44.200 --> 00:31:49.640 are talking it is much much much more different than the patent because patent is like a single 00:31:49.640 --> 00:31:55.920 patent only one individual or organization will own it nobody in the world will have that they 00:31:55.920 --> 00:32:01.440 cannot go for the patent for offer that particular process or invention Innovation whatever you want 00:32:01.440 --> 00:32:08.160 to talk but in case of a trademark you can see the trademark same trademark in the same area so 00:32:08.160 --> 00:32:14.040 that possibility is there so that difference is there the procedure is little different for that 00:32:14.040 --> 00:32:19.720 particular scenario but still search is very very important because in that particular jurisdiction 00:32:19.720 --> 00:32:25.880 if somebody's owning that particular trademark already you will not get the registration for that 00:32:25.880 --> 00:32:31.880 particular trademark so that is very important so trademark search is there then after search when 00:32:31.880 --> 00:32:38.320 you get confidence that yes I'm not infringing anybody else tradmark then you can go for TMA 00:32:38.320 --> 00:32:44.120 application that application only eight forms are there very system is very streamlined and very 00:32:44.120 --> 00:32:50.200 simple trademark for trademark there are only like eight forms are there and with that eight forms 00:32:50.200 --> 00:32:55.600 you are like completing all trademark prosecution and all other activities related to trademark so 00:32:55.600 --> 00:33:02.600 application is filled up by using TMA form and then the filing is there so you have to file 00:33:02.600 --> 00:33:08.280 obviously online that particular application and once filing is done your task is done you will get 00:33:08.280 --> 00:33:15.960 certain number and next the task of registry will start the application will be allotted to 00:33:15.960 --> 00:33:23.680 examiner examiner will do the examination if he found some discrepancies he will communicate with 00:33:23.680 --> 00:33:30.760 you that queries okay so exam report will come you have to give reply to that if you comply with that 00:33:30.760 --> 00:33:37.040 all queries then registration will be there if you are not able to comply there may be kind of 00:33:37.040 --> 00:33:42.600 a hearing will be there tradmark hearing and in the hearing you can clarify the doubts doubts in 00:33:42.600 --> 00:33:50.320 a sense if some in some kind of discrepancies are there that can be clarified and then the trademark 00:33:50.320 --> 00:33:56.120 will be registered okay so that that procedure is there unfortunately if there is a kind of 00:33:56.120 --> 00:34:02.760 opposition comes in between then the process will be little bit lenty but otherwise tradmark process 00:34:02.760 --> 00:34:08.600 is very simple and generally it's very simple so 3 months 6 months also trademark registration is 00:34:08.600 --> 00:34:15.240 completed it's not like a patent because in patent that procedure of examination is very like like 00:34:15.240 --> 00:34:20.240 critical actually because they have to go through the document and check everything here that small 00:34:20.240 --> 00:34:26.600 one word is there one letter is there so it is a comparatively very easy and if opposition 00:34:26.600 --> 00:34:32.400 comes obviously that procedure is like a whosoever do the opposition he will present it by what is 00:34:32.400 --> 00:34:38.480 a what is what are the Grievances of him what are the objections so that objections are communicated 00:34:38.480 --> 00:34:43.840 to the applicant applicant has to give reply and then the hearing will be there where both parties 00:34:43.840 --> 00:34:48.640 will be there and then the decision will be taken and then the whatever decision is there based on 00:34:48.640 --> 00:34:55.320 the further procedure will happen Okay so that is the procedure now let us watch one video related 00:34:55.320 --> 00:35:02.000 to treadmark to get a little more information about this particular trademark are you able 00:35:02.000 --> 00:35:09.680 to differentiate between trademark of a trademark owner and a trademark of a infringer are you able 00:35:09.680 --> 00:35:19.480 to do that thing so I use term here infringer so the question is what is infringement let us see 00:35:19.480 --> 00:35:27.640 now check this again and observe the manipulations done by the infringer so carefully watch this adid 00:35:28.240 --> 00:35:37.320 and Adidas so you can just see the difference of a and o but you just imagine if any illiterate 00:35:37.320 --> 00:35:45.400 person who is not aware about this language probably he will get confused with this name 00:35:45.400 --> 00:35:54.200 and what will happen suppose Adidas is getting say 100% share of the market aidas which is a 00:35:54.200 --> 00:36:03.080 infringer that infringer will pull the benefit of the business of Adidas and that share from 100% 00:36:03.080 --> 00:36:09.960 it may take 50% it may take 40% it may take 30% so that share will be pulled by that particular 00:36:09.960 --> 00:36:16.280 infringer in that particular locality where that infringement happen and that infringer 00:36:16.280 --> 00:36:24.560 will get benefited and the original owner will get hampered his his or his her s whosoever is a owner 00:36:24.560 --> 00:36:31.560 maybe individual maybe organization that cell will be hampered now check the another example 00:36:31.560 --> 00:36:38.840 piz heart and a Pizza H I don't know how I should pronounce they have just made a change like h u t 00:36:38.840 --> 00:36:47.320 to h u h a single word is changed right this is a big infringement probably you and me also get 00:36:47.320 --> 00:36:53.880 what we can say confused because of this kind of a writing next example you check Jack Daniels 00:36:53.880 --> 00:37:00.560 and John staffin here to it is a complete what we can say The Dread dress is completely copied we 00:37:00.560 --> 00:37:05.200 have understood that yes copyright then there is a tread Mark we have understood that particular 00:37:05.200 --> 00:37:15.080 thing now quiz time so just just to after knowing this just check that whether you own 00:37:15.080 --> 00:37:20.920 any trademark or any copyright you just check out just write down in the comment box below whether 00:37:20.920 --> 00:37:27.520 you own a copyright whether you own any trademark just check out write down in the comment box 00:37:28.160 --> 00:37:34.760 and with this we are coming to the end of this session if you want to know more about this U 00:37:34.760 --> 00:37:40.080 copyright or trademark you can just check out with this particular courses and you will get 00:37:40.080 --> 00:37:47.840 idea about the maybe details about that particular so for example this especially road map is 00:37:47.840 --> 00:37:53.240 if you want to go into the patent you can just go into that particular course and you will get idea 00:37:53.240 --> 00:37:58.720 about that particular introduction to IP you will get more idea about if if you want more details 00:37:58.720 --> 00:38:04.160 about a copyright more details about landmark you can just go into that particular course actually 00:38:04.160 --> 00:38:11.520 okay and these are the other courses so with this we are coming to the end of this session thank you