Fight your Right
Against Fakes
Table of Contents
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Understanding Intellectual Property Rights
Types of Intellectual Property Rights
Copyright
Copyright violation cases
Trademark
Forms of Trademark
Types of Trademark
Trade dress
Lookalikes
Logo copy
Conclusion
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 Intellectual property refers to the exclusive/statutory
right being granted by the government for the creation
of mind for a limited period of time.
 Can I have intellectual right on properties like land,
gold, cash etc?
 No, intellectual property refers solely to the
intangible property like inventions and not the
tangible properties.
 Intellectual property right enables people to earn
recognition or financial benefit from what they have
invented .
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Copyright
 Trademarks
 Design
 Patent
Copyright
Brand
Impact
Relevance
for BNF
What to
report
Type Of
action
Pirated Software
Revenue loss
High
Cancellation/non
approval of license
for pirated s/w
Action against
culprits
Reward
volunteers
Design copy of
apparel,
purse, belt,
undergarments
Photo of
product
Details of
copies selling
Revenue loss
High
Reward Volunteer
Unauthorised
reprinting of Books
Revenue loss
Encroachment
of moral rights
High
Revenue loss
Encroachment
of moral rights
High
Encroachment of
moral rights
Action against
Culprits
Reward Volunteer
Action against
Culprits
Novels
Photo of product
Details of copies
selling
Magazines
Music composition
copy
Lyrics copy
Internet download
of music
Reward Volunteer
Action against
Culprits
Photo of product
Details of copies
selling
Trademark
Relevance
for BNF
Brand
Impact
What to
report
Type Of action
Trade dress
High
Loss of revenue
Product Photo
Types of products
manufactured
Pass on information to
brands
Reward
volunteer
Fight for social cause
Product Photo
No of logos
produced
Reward
volunteer
Degradation of
Brand quality
Logo design
High
Consumer
confusion
Revenue loss
Logo Color with
similar designing
High
Loss of revenue
Degradation of
Brand quality
Lookalikes
High
Consumer
confusion
Fight for social cause
Photo of product
No of products
manufactured
Fight for social cause
Product photo
Action against culprit
Shop/store address
Reward
volunteer
Product photo
Social cause
details of taglines
Reward volunteer
Revenue loss
Tagline Copy
High
Consumer
confusion
Revenue loss
Reward
volunteer
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Definition-Copyright
is defined as the right granted by
government for literary and artistic work.
These can include paintings, sculptures ,music,
poems, books, choreography, TV and radio
broadcast, software, sound recording etc.
Poems of Sarojini Naidu
Books of Chetan Bhagat
Music composed by Anu Malik
Lets understand it with help of an example.
The recent film 2 States is based on the Novel written
by Chetan Bhagat. If the director of the film would not
have taken permission from Chetan Bhagat and had
made the film without permission then it would
amount to violation of copyright
Similarly, if any song or a piece of art is being
copied from the original form without prior permission
from the author or composer then it is called violation
of copyright.
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 Pirated Software-Software can generally be easily copied and
this is also a form of copyright violation. The below given
picture shows the pirated version of Windows 7.
 Piracy of Books-We come across books from renowned authors
being sold at a very reasonable price and this is only possible
when these books are copied or being printed in low quality
paper and then sold at a very less price which is also a
copyright violation .
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 Piracy of Music-Music piracy is majorly the unauthorised copy
or distribution without the prior permission of the artist,
composer or the music company holding the exclusive right.
Pirated CD’s and DVD being sold in market is shown below.
 Design Piracy-Visual appearance of a product enhances its
marketability. The better the product packaging ,the better
are its market value. This is the reason why the design of a
popular brand is being used to create confusion in the minds of
the consumers. We come across day to day products like
handbags, apparels, clothing ,sunglasses frames etc.
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 Definition- A trademark is defined as any mark,
symbol, device combination of color which is used by
one person /enterprise to characterize or distinguish
his goods and services from others.
Term of Trademark?
A trademark can be protected indefinitely.
Here we can visualize different trademarks in daily
life
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 Registered trademark- A trademark which is registered
is called as registered trademark. It is symbolized by
the given mark.
 Unregistered trademark-A trademark which is
not registered is called as unregistered trademark .It is symbolized by the given mark.
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Service Marks
Used in service industries.
Service industries refer to industries like
travel,tourism,healthcare,publishing,advertising etc.
Collective Marks
Used by group of companies or enterprises
operating collectively.
Examples - Apollo pharmacy,
Indian dental association(IDA) etc.
Certification marks
Used to define standards.
Certification marks are symbol of certification of
the product. For example -ISI mark
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 What is a Trade dress?
A trade dress is actually a visual characteristic of a
product .
It can be design, color, packaging or the layout of the
product.
The picture here shows a
trade dress infringement. Here
the visual characteristics of
‘Quaker Oats’ are copied.
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Lookalikes
* Similar to original product in terms of colour, size,
design, shape and packaging and easily deceive
consumers.
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 Here are few examples of lookalikes
originals from our daily lives.
Lookalikes are hard to identify
Tips to identify fakes
1- Check for Expiry Date
2- Check for Brand Logo
3- Check for Bar Code print on
packaging
4- Color Scheme.
with their
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 Logo Copy
Easy to reprint logo
Misleads consumers
Creates Confusion
Here you can clearly visualize the
difference between real puma logo
and fake logo.
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Design
Copy
Easy to copy design
Creates consumer confusion
 Color Copy
Easy to confuse customers
Loss of revenue for companies
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* Lets move ahead
* Fight for our Rights
* Report and register Fakes
* Get rewarded for the efforts