2 Statutes Governing Various IPR’s Trade Marks Act, 1999Copyright Act, 1957Designs Act, 2000The Patents Act, 1970
3 Various Entities Involved Legislature – Parliament – Statutory EnactmentsAdministrative Machinery – involved in Registration ProceduresDepartments in the Government viz., Police, Customs, etc.,Judiciary
4 COPYRIGHT - A GLOBAL RIGHT Right exists on creationNo registration is neededProtectable in all Convention countries.Almost 150 countries are coveredReciprocal protection in all countries
5 COPYRIGHT Categories of copyrighted works literary artistic musical DramaticCinematograph filmsSound RecordingsBroadcaster’s rightsPerformer’s Rights
6 Copyright“Computer” includes any electronic or similar device having information processing capabilities (added by amendment in 1995)“Duplicating equipment” means any mechanical contrivance or device used or intended to be used for making copies of any work.“Reprography” means the making of copies of a work, by photocopying or similar means
7 Copyright“Publication means making a work available to the public by means of copies or by communicating the work to the public.”But by a review of cases one can see that protection against what is contemplated under the new WIPO treaty has already been granted by judge-made law.
8 Examples of some works Choreography: art of arranging designing of ballet or stage dance in symbolic language.It is a form of dramatic work.In order to qualify for the copyright protection it must be reduced into writing.
9 Examples of some works Ballet: The elements of ballet are the music, the story, the choreography, the scenery, and the costumes.A composite work.Such work could be the subject matter of copyright.
10 Examples of some works Painting : An artistic work whether or not it posses any artistic quality .To be entitled to copyright protection a painting must be original i.e. it should originate from the painter and not a mere copy of another painting.A painting must be on a surface of some kind.Facial make-up as such, however idiosyncratic it must be an idea,cannot possibly be a painting for the purpose of copyright act.
11 Examples of some works Sculpture: Included in the definition of artistic workthe work of sculpture includes casts and models.means the art, act, process of carving cutting, hewing, molding or constructing materials into statutes , ornaments, figuresThe act, art, process of producing figures or groups in plastic or hard materials.The art of sculpture is the branch of the visual arts that is especially concerned with the creation of expressive form in three dimensions.A sculpture should in some way express in three dimensional form an idea of the sculptor.NEW ENCYCLOPEDIA QUOTED IN WHAM-O CASE. A Frisbee was a sculpture.Copyright subsists original sculpture. The creation of a sculpture no doubt involves good amount of skill and labor
12 CreativityAll Industry be it fashion design, manufacturing of industrial goods, manufacturing of aesthetic items of export, production of jewellery etc. has intellectual creativity in themCreativity starts from the very moment the creator draws his first sketch, makes improvements on it and finally arrives at the product.
13 CreativityCreation goes through various steps which can be broadly dividedConceptionDesign & developmentCommercial manufacture.
14 CreativityAt each of these stages, there are works which are created that can be protected in lawExamplesA drawing or a sketch which can be created as the first conception of a product is a copyrightable subject matterThe shape and aesthetic look given to a product is protectable under the Designs ActThe final product and the brand which is given to the product are protectable under the Trade Mark ActIf the shape is unique and can be identified exclusively with a specific product then the shape is also protectableAt every stage there is creation of what is loosely referred to as “Intellectual Property
15 SafeguardsOrganisations which are engaged in any of the above stages of creation of a product ought to protect their creation.Sufficient safeguards ought to be taken to ensure that such works are not misused or plagiarised
16 SafeguardsWhenever designs or any other subject matter of Intellectual Property is created within an organisation, the contract should clearly specify that anything created by the employees during the course of their employment would automatically belong to the organisation which will have the rights to exploit the same
17 SafeguardsDocuments relating to the creation should be preserved chronologically in original. The same should be maintained under specific portfolio and should be kept under the custody of any of the Top Management Officials
18 SafeguardsOnce the final product is created and before it is sent for industrial manufacture or in the case of a designer product before it is put in the market for sale, steps should be taken to protect it by filing Copyright applications or Design applicationsCare must be taken to ensure that no prior publication is made before such applications are filed. This would ensure that in the case of a design, prior publication is not made and in case of copyright. , no one else claims prior rights
19 SafeguardsThe applications which are filed should be followed up diligently and registration certificates obtained should be maintained in the records of the organisation.The Copyright office is located in Delhi. The Designs office comes under the Controller General of Patents and Designs & Trade Marks, which is situated at Kolkata. However, applications can be filed through postsIf any misuse of the drawing, design, mark or work is seen, immediate steps should be taken to protect them
20 Defences AvailableThat the design has been previously registered in India; orThat it has been published in India or in any other country prior to the date of registration; orThat the design is not a new or original design; orThat the design is not registrable under this Act; orIt is not a design as defined under clause (d) of section 2.
21 TERM OF COPYRIGHT The term of copyright for literary, dramatic musical or artistic work is lifetime of author + 60 yearsfor anonymous or pseudonymous work is 60 years from the date of publishingfor a photograph, sound recording, cinematographic film and government work is 60 years from date of publishing of the work
22 INFRINGEMENT OF COPYRIGHT What constitutes infringement?Doing or authorizing to do any of the following acts without the consent or license of owner of copyright:Reproduce the work including its storage by any electronic meansIssue copies to the publicPerform/Communicate the work to publicMake translation of the workMake adaptation of the workTo make any cinematograph film or sound recording in respect of the work.
23 INFRINGEMENT OF COPYRIGHT Permit for profit any place to be used for communication of the work when infringementTo permit for profit any place to be used for the communication constitutes infringement of the copyright in the work unless he is not aware or has reasonable grounds for believing that such communication to the public will be an infringement of copyrightmake infringing copies of work for sale, hire or display or offer for sale or hireimport infringing copies in India
24 Types of copyright in one work BOOKS:1. Rights of the author2. Rights of the publisherin India and abroad3. Rights of a person publishing the book on CD Rom/multimedia format4. Rights on the Internet
25 Types of copyright in one work MUSIC:1. Right of lyricist2. Music director3. Singer4. Orchestra5. Music company6. Version recordings
26 Types of copyright in one work MachineryThis can be sub-matter of patent & copyright. But drawings of machinery falls in copyright.Escorts Construction case.
27 Types of copyright in one work PEPSI CANCopyright in the packaging, colours etc.Trade mark in PepsiCopyright in circular deviceCopyright in manner of writing Pepsi
28 Adaptations of various works MUSIC -- SONGSOriginal albumNew albumsRemixesVersion RecordingsPop versionsDJ versions
29 Adaptations of various works STORYPUBLISHED IN A BOOKSTORY ENACTED IN A DRAMATRANSLATIONTELE-SERIALCINEMATOGRAPH FILM
30 Adaptations of various works STORYOPERA/BALLETMUSICAL VERSIONCOMPILATIONEach of the above works, once created have a separate, new copyright, protectable as original works.
31 Adaptations of various works POEMSSONGSSOUND RECORDINGSPERFORMANCESPOETRY BOOKSCOMPILATIONS OF POETRY, including expert comments
32 Adaptations of various works PAINTINGSLicensing as covers for booksLicensing on stampsCreate new versions by changing the sizes of the paintingCalendarsDiaries etc.,
33 Exceptions-fair useSection 52 of the Copyright Act enlists acts which do not constitute infringement, viz.Fair dealing for the purpose of private use, including research and criticism or review of the work.Fair dealing for the purpose of reporting current events in a newspaper, etc.reproduction for the purpose of judicial proceeding or report of judicial proceeding.
34 Exceptions-fair useMaking of temporary or back-up copies to provide against destruction or damageObservation, study or testing of functioning of the computer programmemaking of copies of software from a legal copy for non-commercial personal use
35 Fair Dealing Fair dealing is permitted for the purposes of private study or research ,criticism orreview orthe reporting of current events.
36 Fair DealingFair dealing with the literary, dramatic, musical or artistic work does not infringe any copyright in the work if usedfor the purposes of research or private study,in the case of a published edition, in the typographical arrangement.The aim of this provision is to give students and researchers greater access to copyright works.
37 Fair Dealing or Permitted Acts SEC 52(1)(o) : Making a maximum of 3 copies for the use of a public library.Sec 52(1)(c): Reproduction for judicial proceedings or for the purpose of a report of a judicial proceeding. ‘Judicial proceedings’ are defined as including proceedings before any court, tribunal, or person having authority to decide any matter affecting a person’s legal rights or liabilities.SEC 52 (1)(m) : Reproduction in newspaper and magazine of the article of the current economic, political, social or religious topic in certain situation.
38 Fair Dealing or Permitted Acts SEC 52(1)(p): Reproduction of unpublished work kept in a museum or library for the purpose of research or study.Sec 52(1)(d) : Reproduction in any work prepared for the exclusive use of members of any legislature or publication of a translation of acts of legislature or rules
39 Fair Dealing or Permitted Acts Sec 52(1)(h) : Reproduction by a teacher or a pupil in the course of instruction, or as part of a question paper or in answers to such questions.e.g. It seems that the teacher may copy onto a blackboard a substantial part of a literary work, and pupil may copy it down. The teacher may however not photocopy the same material for the use by students in absence of a licensing agreement.
40 Fair Dealing or Permitted Acts SEC 52(1)(f): Reading and recitation in public of extracts (literary or dramatic).SEC 52 (1)(g) : Publication in collection for the use of educational institution in certain circumstances.Sec 52(1)(I) : Performance in course of activities of educational institutions in certain circumstances.WORK OF ARCHITECTURE:SEC 52(1)(s) :The making or publishing of a painting ,drawing, engraving or photograph of a work of architecture does not constitute infringement.
41 Fair Dealing or Permitted Acts WORK OF ARTISTIC CRAFTSMANSHIP:SEC 52(1)(t): The making or publishing of a painting, drawing, engraving, or photograph of a sculpture, or other artistic work falling under the category of a work of artistic craftsmanship if the work is permanently situate in a public place or any premises to which the public has access will not constitute infringement.
42 Fair Dealing or Permitted Acts AUTHOR’S RIGHT TO USE MOULD, CAST etc. OF WORK:SEC 52 (1)(v): The use by the author of an artistic work, where the author of such work is not the owner of the copyright therein, of any mould, cast, sketch, plan, model or study made by him for the purpose of the workProvided that he does not thereby repeat or imitate the main design of the work
43 Fair Dealing or Permitted Acts SEC 52(2) The exceptions to infringement listed under s. 52(1) in relation to literary, or dramatic, musical artistic work will apply also in relation to any translation or adaptation of such work
44 Whether registration is essential? Particulars needed for registration:1. Name of author2. Date of publication3. Whether assignments are obtained4. If it is an artistic work, then no-objection from Trade Marks Registry
45 Whether registration is essential? Advantages of registration:1. Documentation comes in place in terms of assignments/no-objections from authors2. Evidence of date when the work was created3. Prima facie evidence of particulars4. Easier to take action especially criminal action where police are convinced with copyright certificate. (re:software, music)
46 RemediesCivil remedyA suit for infringement of copyright can lie in the District Court or in a High Court of Original Jurisdiction.
47 Remedies contd., Civil remedy Reliefs to be claimed: 1. Injunction coupled with Anton Piller orders, John Doe orders & Mareva injunction2. Rendition of accounts, damages3. Delivery Up
48 Remedies contd Criminal: Copyright infringement is a cognisable offence. A criminal complaint can be filed either before the police or a Magistrate and search & seizure orders can be obtained.
49 Pros & Cons of Civil remedies Proper judicial determination of rightsLikelihood of earning damagesLess subject to challengeCommissioner’s seizure orders are more respectedCONSDelays - Trial, Appeal, Supreme CourtDamages not usually awardedNo severe punishment for violation of rights
50 Pros & Cons-Criminal remedies Quick remedyGreater possibility of curbing violation quickly because of fear of being arrested in a criminal caseCONSChances of seizure of goods may be less as there can be a leakageDifficulty in coordinating with police authorities
51 CRIMINAL REMEDIESSection 63 of the Copyright Act,1957 defines offence of infringement of copyright.Infringement of copyright is a cognizable offence punishable with imprisonment upto 3 years and fine upto 2 lakh rupees
53 Copyright & DesignDesign is for aesthetic appearance. Anything functional is not registrable as a designCopyright in a design comes to an end if the work has industrial application and is reproduced more than 50 timesIs there diff. between copyright in a design and copyright in a drawing. Yes.
54 Confusion is worse with Trade mark definition being amended Shape is also a trade mark – But articles like dresses, sculpture etc., cannot come in trade marks.However commercial products have more overlaps in protection.
55 DesignsDesignAs per Copinger and Skone James on Copyright, a design is, in broad terms, the plan or scheme for the appearance of an article (or a part of an article).It primarily concerns with what an article looks like or is intended to look like.It is not concerned with how an article performs its function. The design of an article may be recorded in any form including the written description, sketch, drawing, photograph or it could actually be embodied in the article itself. “Design” has also been defined as the design of any aspect of the shape or configuration (whether internal or external) of the whole or part of an article.Copinger & Skone James on Copyright, 15th Edn., Vol. 1, pg. 730
56 InfringementInfringement in the context of Indian Textiles, Apparels and Life Style Industry:Indian Textiles:If artistic patterns are drawn up on a piece of cloth to be used for any purpose, including but not limited to for instance, making of garments, bed sheets, sofa covers, table cloths, etc., then the artistic patterns printed on the piece of cloth are protected as copyrights.On the other hand, if a designer of clothes creates a new pattern of garment to be used as a fashionable attire, then the sketch/ drawing that is drawn of the pattern of the garment is protected as a copyright.
57 InfringementHowever, once the idea of the creative pattern is implemented on the piece of cloth, then the same may be protected as a design right.If, the intention of the designer is to ensure that only one piece of the garment is manufactured, then the same could also be protected as the artistic work imprinted on the piece of cloth having copyrights.
58 InfringementAlternatively, if the designer’s intention is to produce several thousands of garments in different scheme of colours, etc., then the intention of the designer is to use the said design in the industry. Accordingly, the latter form of use of the same material may be considered to be a design.There is an ongoing debate on the issue and a lot depends on the manner, in which the author of the work intends to use the work.
60 Cases Tahiliani Design Private Ltd. vs. Renu Tandon & Anr. C.S. (OS) No of 2008 – Before Hon’ble Delhi High Court
61 CasesTahiliani Design Private Ltd. vs. Renu Tandon & Anr.C.S. (OS) No of 2008 – Before Hon’ble Delhi High CourtAllegation that the Defendants’ garments were copies of the garments designed and crafted by the PlaintiffThe said garments were supposed to be developed, designed and crafted by the plaintiff as a part of their collection for the year 2006The Hon’ble Delhi High Court vide order dated granted ex-parte ad-interim injunction
62 Cases Defendant served notice. Tahiliani Design Private Ltd. vs. Renu Tandon & Anr.C.S. (OS) No of 2008 – Before Hon’ble Delhi High CourtDefendant served notice.Application for vacation of stay moved claiming that both designs are separate.The impugned prints are generic Jamawar PrintsMatter is sub-judice – Referred to Mediation
63 CasesSuneet Varma Design Pvt. Ltd. Vs Jas Kirat Singh Narula & Anr. [2007 (34) PTC 81 (Del)]Allegation of infringement of copyright as the defendant used the dress in a movie which was worn by an actressImportance of costumes worn by actors and actresses in a film play special role and serve purpose of promotion of the movieHeld that all kinds of clothes worn by actors cannot be stated as Fair Use permitted under sec 52 (1) (u).
64 Cases Case relating to design of upholstery Microfibres Inc vs. Girdhar and Co. and Ors. : 2006(32) PTC 157 (Del)Case relating to design of upholsteryPlaintiff claimed to have copyright in the artistic work applied to upholstery designDid not have a registered design however they claimed a copyright in the drawings
65 CasesMicrofibres Inc vs. Girdhar and Co. and Ors. : 2006(32) PTC 157 (Del)Question was whether without a registered design, the plaintiff could protect the same and whether the copyright was lost because of more than 50 reproduction of the said upholstery fabric designThe Court although upholding that the motives etc. of the plaintiff was artistic and also holding that the defendants had copied it, on a legal and technical argument that more than 50 reproduction had been made, refused to grant injunction
66 Cases1997(17) PTC 268: Baldev Singh vs. Shriram FootwearPlaintiff claimed an injunction on the ground that his designs of shoe soles had distinctive shape and configurationDuring the course of argument, it was revealed that the plaintiff himself had copied designs from Bata India Ltd.Thus Court had held that the plaintiff himself being a pirater, no injunction can be granted in favour of the plaintiff
67 Cases Case under the Designs Act, 2000 Hindustan Sanitaryware & Industries Ltd. vs. Dip Crafts Industries: 2003(26) PTC163 (Del)Case under the Designs Act, 2000Plaintiff had claimed that defendants copied the design “Stylush”, “Corel” and “Ultra” in respect of bath tubsDefendant had not established that he had been selling bath tubs prior to the registration obtained by plaintiff in respect of similar designsPlaintiff had a registered designSufficient resemblance between the two designs and the plaintiff’s design was protected
68 Cases Judgment of full bench of Delhi High Court Metro Plastic Industries (Regd.) vs. M/s. Galaxy Footwear New Delhi: 2000(20) PTC 1Judgment of full bench of Delhi High CourtHolds primarily that in a case filed for infringement of a design, the defendant would be entitled to take a defence that the registration of the design itself was incorrectVarious grounds can be taken for claim that the registration was granted wrongly, namely, that the design is not new or original or uniqueIf any of the grounds can be proved, then the fact that the design is registered by itself, does not come to the aid of the plaintiffRegistration can be a proof at the first stage but it has to be established that this was not copied design and that it is a new and original
69 CasesDabur India Ltd. Vs. Rajesh Kumar & Ors 2008 (37) PTC 227Suit filed alleging infringement of design in respect of a bottle which is being used by plaintiff for packing hair oilCourt found plaintiff’s bottle to be common bottle used by several other companiesBottles were held to be in use much prior to the registration of the design of the plaintiffNo peculiar feature of the bottle registered as a design and the plaintiff had not pin pointed any novelty in the design of the bottleHeld that for validly of the registered design there must be some novelty and originality in the design sought to be protected and it must have not been pre-published
70 CasesVikas Jain Vs. Aftab Ahmad And Ors, 2008 (37) PTC 288 (Del)Suit filed for the infringement as well as passing off of design in Toy ScooterThe defendant pleaded the prior publication of the designAnother defense taken by the defendant was that the defendant too was having the registration of the designCourt held that there were various dissimilarities in the prior published designThe design of the defendant was identical to the design of the plaintiffHence the defendant is not protected even on account of the registration having been obtained by it which admittedly is the subsequent registration
71 CasesReckitt Benckiser Australia Pty Ltd. And Anr Vs. R. B. Impex And Ors 2008 (37) PTC 262 (Del)Suit for infringement of a design, where the defendant had filed a cancellation petition with the Controller of DesignsProceedings pending before the controller of Design who had heard the arguments in the cancellation petition before him and the order had been reservedDefendant had also sought the transfer of the cancellation proceedings from the Controller to the Hon’ble Delhi High CourtHon’ble High Court declined to stay the proceedings pending before the Controller and to order for the transfer of those proceedings as there was no provision for the transfer of the cancellation proceedings under the Act
72 CasesSat Pal Singh Vs. S.P. Engineering Works (2) PTC 193Single Judge of this Court held that once a design was registered, prima facie, it was only the registered proprietor, who could take benefit of the registered designThe Court then negatived the contention that even if a false plea about the validity of registration was taken up by a Defendant, no interim injunction should be granted.The Court went on to hold that the contention that the design had no novelty was a valid defence to the Suit and could be raised to challenge the validity of the registration.It further held that this did not have any bearing at the initial stage and that these were matters to be decided on evidence.It must be mentioned that after so holding the Court, went into the merits and held that in that case it had not been shown that the design was previously published
73 Cases Faber Castell “Textliner”. A dark green body Faber Castell Vs. Pikpen PTC 538Faber Castell “Textliner”.A dark green bodyUnique cap of same colour as colour of inkGold lettering on green bodyRegd design.Prior Publication could be through prior documents or some other prior user.Injunction granted
74 Cases Suitcases made by plaintiff copied by defendant Samsonite Vs. Vijay Sales 1998 PTC 372Suitcases made by plaintiff copied by defendantThe entire range was copiedClaim was based on drawings & copyrightNo registered designNo protection granted as it is manufactured industrially more than 50 times.
75 Cases Design of photo-frames Registered design Preeti Gupta Vs. Rajendra Prahladkar 2002 PTC 64Design of photo-framesRegistered designDefendant no.2 was an employee of plaintiffInjunction granted protecting the copyright in the design of photo-frames
77 Plaintiff & defendant manufacture ladies clothing. RADELY GOWNS Ltd. v COSTAS SPYROU and BROKE v SPINCERS DRESS DESIGN Ltd.(1975) FSR 455Plaintiff & defendant manufacture ladies clothing.Copyright claimed in 3 stages of Manufacturing Procedure viz.,- design sketches,- cutting patterns- prototype garments
78 RADELY GOWNS Ltd. v COSTAS SPYROU and BROKE v SPINCERS DRESS DESIGN Ltd.(1975) FSR 455 Def arguedPrototype is not work of artis.crtms.No one author is involvedCutting patterns are functionalOne of the sketches was copied from earlier dressDress could not reproduce a sketchStiffness was to be given otherwise it is not a dressDelay
79 RADELY GOWNS Ltd. v COSTAS SPYROU and BROKE v SPINCERS DRESS DESIGN Ltd.(1975) FSR 455 Court Held:It is work of A.CNeed not unite with one authorDress can be a 3 dimensional reproduction of a sketchHuge diff between the earlier dress and new one, hence plaintiff work is original
80 BRIGID FOLEY Ltd. v ELLOT (1982) RPC 433 It has been observed that if there is a direct copying from a garment which one person has designed and produced by himself, doing all the cutting , stitching, and so on, there might be a case for saying that there would be a breach of doing that.
81 BERNSTEIN v SYDNEY MURRAY(1981) RPC 303 The plaintiffs were owners of copyright in certain sketches for ladies’ garments in which the garments were shown as worn by ladies. They had displayed garments made from such sketches in fashion shows and shop windows. Defendants have copied the dresses produced from plaintiff’s sketches. It was held that this constituted infringement of copyright in sketches.
82 BURKE and MARGOT BURKE Ltd. v SPINCERS DRESS DESIGNS (1936) CH D 400 The plaintiff’s alleged that defendants had infringed the copyright in the sketch described as “ frock being worn by a young lady ” It was also alleged that there was infringement of artistic copyrights in dresses made up by the plaintiff’s in accordance with those sketches, which dress themselves were said to be works of artistic craftsmanship It was held that thee was no infringement of a sketch by a frock.
83 In MERLET v MOTHERCARE Ltd (1986) RPC 115 The plaintiff made a prototype baby cape for her child.The cape was subsequently manufactured by the second plaintiff.The defendants copied the plaintiff’s garments and made baby cape in accordance with the copy.The plaintiff claiming the handmade prototype garment as a work of craftsmanship it was not a work of artistic craftsmanship brought an action for infringement of copyright.
84 In MERLET v MOTHERCARE Ltd (1986) RPC 115 It was held that though the prototype was a work of craftsmanship it was not a work of artistic craftsmanship.It was held that in approaching the question the garment has to be considered by itself and neither as worn nor as containing a baby.No aesthetic satisfaction unless worn on the babyAction was dismissed. An appeal against infringement of certain drawings was dismissed.
85 KOMESAROFF v MICKLE (1988) RPC 204 A product called (moving sand pictures) comprising a mixture of liquid, colored sands, and a layer of air bubbles encased within two glass panels was held not a work of artistic craftsmanship.They are functional – not regd design
86 CasesMERCANDISING CORPORATION v HARPBOND(1983) FSR 32 P, 32 (Facial make-up was not held a painting within the meaning of sec 3 of the U.K. copyright act.)
87 Ford Motor Co.1993 RPC 399Vehicle parts are not subject matter of design because’ they have no value in commerce except as part of a vehicleMirrors, seats, etc., were capable of registration as substitution was possible without affecting shape of the vehicle.The distinction that seems to have been drawn is that there are several parts which are mostly hidden and never seen, such parts cannot be registered as designs.However, parts and their circuits if in drawing form are artistic works
88 George Hensher Ltd s. Restawile Upholstery 1975 RPC 31 Upholstered chairs & settees.One prototype was evolved – chairs were copied from it and soldDef. copied the chairs and hence the prototypeTrial Court granted injunction. Appeal court dismissed the injunction. HL refused protection
89 George Hensher Ltd s. Restawile Upholstery 1975 RPC 31 Artistic craftsmanship need not necessarily mean “work of art”.The product may be a commercial success but need not be of Art craftsmanship
90 Merchandising Corpn Vs. Harpbond 1983 FSR 32 Adam from the pop group Adam & AntsNew look for himself with Red-Indian face markingsTwo red lines in grease paint, light blue line in between, heart over left eyebrow & a beauty spotDef. made a poster of it & made a portrait & superimposed new look over an old posterIn infringement action court held that this is not a painting and hence not protectable.
91 Animal Fair Inc., Vs. Amfesco Inds 227 USPQ 817 (1985) Novelty slippersResembles a bear’s foot or pawSlipper’s design features separate from its utilitarian features, incl. impractical width of sole, shape of sole, profile of slipper, toes which are unrelated to function and copyrightable.Injunction granted.
92 CONCLUSION Technological advancement made the job of the creator easy ………it also made the job of the copier easy.Consciousness in IPR is the only way to prevent the latter.