IA Valuation and Management - PPT 13-01-2024.pptx

IA Valuation and Management - PPT

1. 1 RRR CHAMBERS Email ID- [email protected] By INTANGIBLE ASSETS - VALUATION AND ITS MANAGEMENT RRR Chambers - [email protected]

2. Is there any IPR in this? 2 RRR Chambers - [email protected]

3. GOT IT??? 3 RRR Chambers - [email protected]

4. What is the IPR in this?? 4 RRR Chambers - [email protected]

5. Welcome Friends!!! 5 RRR Chambers - [email protected]

6. Intellectual Property Right(IPR) – Understanding & Practice 6 RRR Chambers - [email protected]

7. INTANGIBLE ASSETS 7 RRR Chambers - [email protected]

8. To begin with... 8 RRR Chambers - [email protected]

9. NAME THE MOST POPULAR ACQUISITION OF AN APP IN COMMERCIAL AND BRANDING SENSE??? 9 9 RRR Chambers - [email protected]

10. 10 YES. ITS NONE OTHER THAN WHAT’S APP by FB

11. What is the cost of Acquisition??? 11 RRR Chambers - [email protected]

12. YES $ 19 billions 12 RRR Chambers - [email protected]

13. What’s the development cost of whatsapp??? 13 13

14. YES ITS $2,50,000 14 RRR Chambers - [email protected]

15. Number of Employees @ Whats App??? 15 15

16. YES, just 55 employees 16 RRR Chambers - [email protected]

17. WHAT MAKES THE COMPANY TO HAVE THAT MUCH OF VALUE ??? THAT’S THE POWER OF VALUATION OF INTANGIBLE ASSETS 17 RRR Chambers - [email protected]

18. 18 SO Let’s Learn about INTANGIBLE ASSETS-VALUATION & It’s Management 18 RRR Chambers - [email protected]

19. SO FRIENDS, EVERYONE ARE EXCITED TO KNOW ABOUT IA’s 19 RRR Chambers - [email protected]

20. KYI- ( Know Your Intangible Assets Knowledge) ROUND -I 20 RRR Chambers - [email protected]

21. Get.. Set… Go…. With IPR 21 RRR Chambers - [email protected]

22. Maximum marks for each right answer (1M) For each wrong answer (0.5M) negative mark PART-A- Multiple choice questions     KNOW YOUR IA’S KNOWLEDGE(KYI) 22 RRR Chambers - [email protected]

23. 23 23 RRR Chambers - [email protected]

24. 1. What is IPR? (a). Artificial Intelligence (b). Rights given over the C reations of the persons minds (c). Goodwill (d). Natural Intelligence 24 RRR Chambers - [email protected]

25. What is IPR?? 25 RRR Chambers - [email protected]

26. Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time. WHAT IS IPR?? 26 RRR Chambers - [email protected]

27. Here the Answer is!!! 27 RRR Chambers - [email protected]

28. 1. What is IPR? (a). Artificial Intelligence (b). Rights given over the C reations of the persons minds (c). Goodwill (d). Natural Intelligence The Correct Option is (b). 28 RRR Chambers - [email protected]

29. 2. Which of the following is not an IPR? (a). Copy rights and Trade marks (b). Designs (c). Incubators and accelerators​  (d). Trade Secret and Database 29 RRR Chambers - [email protected]

30. Types of Intellectual Property Rights 30 RRR Chambers - [email protected]

31. TYPES OF IPR …. 31 RRR Chambers - [email protected]

32. Let’s have look at the Answer!! 32 RRR Chambers - [email protected]

33. 2. Which of the following is not an IPR? (a). Copy rights and Trade marks (b). Designs (c). Incubators and accelerators​  (d). Trade Secret and Database The Correct Option is (C). 33 RRR Chambers - [email protected]

34. 3. What is intangible asset? (A). Identifiable non-monetary asset (B). Identifiable monetary asset (C). Non-performing asset (D). Contingent asset 34 RRR Chambers - [email protected]

35. What is Intangible Assets?? 35 RRR Chambers - [email protected]

36. 36 36 RRR Chambers - [email protected]

37. 37 Intangible Assets An intangible asset is an identifiable non-monetary asset without physical substance . Such an asset is identifiable when it is separable, or when it arises from contractual or other legal rights. Which Cannot be visible with naked eye . 37 RRR Chambers - [email protected]

38. Intangible Assets Noncurrent assets without physical substance. Useful life is often difficult to determine. Usually acquired for operational use. Often provide exclusive rights or privileges. Intangible Assets 38 RRR Chambers - [email protected]

39. What is an Intangible Asset? 39 RRR Chambers - [email protected]

40. Did you get the answer?? 40 RRR Chambers - [email protected]

41. 3. WHAT IS INTANGIBLE ASSET? (a). IDENTIFIABLE NON-MONETARY ASSET (b). IDENTIFIABLE MONETARY ASSET (c). NON-PERFORMING ASSET (d). CONTINGENT ASSET Now, the Correct answer is Option (a). 41 RRR Chambers - [email protected]

42. 4. Which of the following is not an Intangible asset? (a). Market share and marketing right (b). Franchise (c). Customer supplier relationships (d). Listing status 42 RRR Chambers - [email protected]

43. Types of Intangible Assets 43 RRR Chambers - [email protected]

44. The main types of intangible assets are goodwill, brand equity, Intellectual properties (Trade Secrets, Patents, Trademark and Copyrights), licensing, Customer lists, and R&D. TYPES OF INTANGIBLE ASSETS 44 44 RRR Chambers - [email protected]

45. Types of Intangible Assets Intangible assets are those noncurrent economic resources that a company uses in its operations but have no physical existence. Patents Goodwill & Copyrights Trademark 45 RRR Chambers - [email protected]

46. 46 Intangible- Types 46 RRR Chambers - [email protected]

47. Examples: ☺ Licenses ☺ Intellectual property rights ☺ Brand names, publishing titles ☺ Computer software ☺ Patents, copy rights ☺ Motion picture licenses ☺ Customers lists ☺ Franchises ☺ Mortgage services rights ☺ Import quotas ☺ Customer supplier relationships ☺ Customer loyalty ☺ Market share and marketing right ☺ Goodwill Examples of Intangibles 47 RRR Chambers - [email protected]

48. Did you get the answer?? 48 RRR Chambers - [email protected]

49. 4. Which of the following is not an Intangible asset? (a). Market share and marketing right (b). Franchise (c). Customer supplier relationships (d). Listing status Now the Correct Option is (d) 49 RRR Chambers - [email protected]

50. Let’s Understand Intangible assets 50 RRR Chambers - [email protected]

51. 5. What is the relationship between ITA & IPR? (a). IPR is an umbrella term for a set of intangible assets or assets that are not physical in nature. (b). IA & IPR have physical existence. (c). An intangible asset & IPR is a physical asset that a company or person owns. (d). IA does not have physical existence but IPR have physical existence. 51 RRR Chambers - [email protected]

52. What is the difference between IPR Vs ITA 52 RRR Chambers - [email protected]

53. IPR VS INTANGIBLE ASSETS 53 RRR Chambers - [email protected]

54. Did you get the answer?? 54 RRR Chambers - [email protected]

55. 5. What is the relationship between ITA & IPR?? (a). IPR is an umbrella term for a set of intangible assets or assets that are not physical in nature. (b). IA & IPR have physical existence. (c). An intangible asset & IPR is a physical asset that a company or person owns. (d). IA does not physical existence but IPR have physical existence. The Correct Option is (a). 55 RRR Chambers - [email protected]

56. 6. Which Authorities are not Connected with INTANGIBLE ASSETS? ( a). Geographical Indications Law Tribunal (b). Regional Director, Ministry of Corporate Affairs (c). Registrar of companies, Ministry of Corporate Affairs (d). The Intellectual Property Appellate Board (IPAB) 56 RRR Chambers - [email protected]

57. What are the Authorities Connected with INTANGIBLE ASSETS?? 57 RRR Chambers - [email protected]

58. Registrar of Trademark, Copyright & Patent. Trademark Tribunal Board. Intellectual Property Appellate Tribunal. Registrar of Companies, Ministry of Corporate Affairs. Regional Director, Ministry of Corporate Affairs. 58 AUTHORITIES …. 58 RRR Chambers - [email protected]

59. Did you get the answer?? 59 RRR Chambers - [email protected]

60. 6. Which Authorities are not Connected with INTANGIBLE ASSETS? (a). Geographical Indications Law Tribunal (b). Regional Director, Ministry of Corporate Affairs (c). Registrar of companies, Ministry of Corporate Affairs (d). The Intellectual Property Appellate Board (IPAB) The Correct Option is (a). 60 RRR Chambers - [email protected]

61. 7. Who can do Valuation of IPRs? ( i ). Merchant Banker (ii). Registered Valuer (iii). A licensee duly authorized by the owner of the intellectual property. (iv). None of the above ( i ) only (ii) and (iii) only ( i ) and (ii) only (d) ( i ) (ii) & (iii) 61 RRR Chambers - [email protected]

62. By whom the Valuation can be Done?? 62 62 RRR Chambers - [email protected]

63. The valuation of INTANGIBLE ASSETS’s will be done by the Registered Valuer appointed under the provisions of the Companies Act, 2013. By Merchant Bankers. 63 VALUATION .... 63 RRR Chambers - [email protected]

64. Let’s have look with the Answer!! 64 RRR Chambers - [email protected]

65. 7. Who can do Valuation of IPRs? ( i ). Merchant Banker (ii). Registered Valuer (iii). A licensee duly authorized by the owner of the intellectual property. (iv). None of the above ( i ) only (ii) and (iii) only ( i ) and (ii) only ( i ) (ii) & (iii) The Correct Option is (C). The Correct Option is (c). 65 RRR Chambers - [email protected]

66. 8. Where the Intangible assets need to be disclosed? Annual Returns Books of Accounts Cash Flow Statement Boards Report ( i ) only (ii) and (iii) only ( i ) and (ii) only (d) ( i ), (ii), (iii) and (iv) 66 RRR Chambers - [email protected]

67. DISCLOSURE IS INTAGIBLE ASSEETS Required to be disclosed as per the law? If so where? 67 RRR Chambers - [email protected]

68. Books of Accounts Financial Statements Board’s Report Notes to accounts 68 DISCLOSURE 68 RRR Chambers - [email protected]

69. 69 DISCLOSURE IN BOARD’s REPORT 69 RRR Chambers - [email protected]

70. The books of Accounts shall be maintained as per the Schedule III of the Companies Act, 2013 and Intangible Assets shall be disclosed in the Assets classification. 70 BOOKS OF ACCOUNTS …. 70 RRR Chambers - [email protected]

71. IPR IN THE PRE-DOMINANT SECTORS? 71 RRR Chambers - [email protected]

72. Sector Intangible Assets Total Assets % Pharma 22,601 491,163 4.60% Automotive 182,612 2,424,798 7.53% Power 42,490 4,106,981 1.03% Media 11,876 134,902 8.80% Banking - 26,585,316 0.00% Telecom 980,636 3,110,090 31.53% Oil and Gas 367,764 8,014,213 4.59% Total 1,607,978 44,867,462 3.58% Disclosure of Intangible Assets in Balance Sheet 2011-12 of 7 Sectors based on top 5 companies in each sector 72 Disclosure of Intangible Assets 72 RRR Chambers - [email protected]

73. Intangible as a % of Total Assets 73 RRR Chambers - [email protected]

74. Let’s have look at the Answer!! 74 RRR Chambers - [email protected]

75. 8. Where the Intangible assets need to be disclosed? Annual Returns Books of Accounts Cash Flow Statement Boards Report ( i ) only (ii) and (iii) only ( i ) and (ii) only ( i ), (ii), (iii) and (iv) The Correct Option is (d). 75 RRR Chambers - [email protected]

76. PART-B-Paragraph question(5M) Mention any 5 instances of IPR which are referred in the companies act 2013 as well as in the companies act 1956 (each answer carries 1M) 76 RRR Chambers - [email protected]

77. INSTANCES OF IPR- REFERRED UNDER COMPANIES ACT, 2013 77 SECTION PARTICULARS GIST OF PROVISION 6 Section 6 of companies act 2013 Sub section 3 (ii)-Explanation For the purposes of these rules the term "same network" includes the firms operating or functioning, hitherto or in future, under the same brand name, trade name or common control. Note: 1. Individual auditor shall include other individuals or firms whose name or trade mark or brand is used by such individual, if any. Note:2. Audit Firm shall include other firms whose name or trade mark or brand is used by the firm or any of its partners. RRR Chambers - [email protected]

78. INSTANCES OF IPR- REFERRED UNDER COMPANIES ACT, 2013 78 SECTION PARTICULARS GIST OF PROVISION 8 Section 8 of companies act 2013-Names which resemble too nearly with name of existing company-J. Illustrations-I & company-K. Illustrations-III (l) addition, deletion, or modification of numerals or expressions denoting numerals in an existing name, unless the numeral represents any brand ; One 11 Power Equipment Ltd is not the same as One Power Equipment Ltd, if One 11 represents a brand : RRR Chambers - [email protected]

79. INSTANCES OF IPR- REFERRED UNDER COMPANIES ACT, 2013 79 SECTION PARTICULARS GIST OF PROVISION 16 Rectification of Name Section 16 on an application by a registered proprietor of a trade mark that the name is identical with or too nearly resembles to a registered trade mark of such proprietor under the Trade Marks Act, 1999 , made to the Central Government within three years of incorporation or registration or change of name of the company, whether under this Act or any previous company law, in the opinion of the Central Government, is identical with or too nearly resembles to an existing trade mark, it may direct the company to change its name and the company shall change its name or new name, as the case may be, within a period of six months from the issue of such direction, after adopting an ordinary resolution for the purpose. RRR Chambers - [email protected]

80. INSTANCES OF IPR- REFERRED UNDER COMPANIES ACT, 2013 80 SECTION PARTICULARS GIST OF PROVISION 54 Issue of Sweat Equity Shares Section 54 of companies act 2013 read with rule 8 of sub rule ( i ) A company other than a listed company, which is not required to comply with the Securities and Exchange Board of India Regulations on sweat equity, shall not issue sweat equity shares to its directors or employees at a discount or for consideration other than cash, for their providing know-how or making available rights in the nature of intellectual property rights or value additions, by whatever name called, unless the issue is authorized by a special resolution passed by the company in general meeting. RRR Chambers - [email protected]

81. INSTANCES OF IPR- REFERRED UNDER COMPANIES ACT, 2013 81 SECTION PARTICULARS GIST OF PROVISION 54 Issue of Sweat Equity Shares Section 54 of companies act 2013 read with rule 8 of sub rule (ii) Issue of Sweat Equity Shares (ii) the expression ‘Value additions’ means actual or anticipated economic benefits derived or to be derived by the company from an expert or a professional for providing know-how or making available rights in the nature of intellectual property rights, by such person to whom sweat equity is being issued for which the consideration is not paid or included in the normal remuneration payable under the contract of employment, in the case of an employee. RRR Chambers - [email protected]

82. INSTANCES OF IPR- REFERRED UNDER COMPANIES ACT, 2013 82 SECTION PARTICULARS GIST OF PROVISION 54 Issue of Sweat Equity Shares Section 54 of companies act 2013 read with rule 8 of sub rule (8) The valuation of intellectual property rights or of know how or value additions for which sweat equity shares are to be issued, shall be carried out by a registered valuer , who shall provide a proper report addressed to the Board of directors with justification for such valuation. Section no 2 sub section 88 of companies act 2013 "sweat equity shares" means such equity shares as are issued by a company to its directors or employees at a discount or for consideration, other than cash, for providing their know-how or making available rights in the nature of intellectual property rights or value additions, by whatever name called; RRR Chambers - [email protected]

83. INSTANCES OF IPR- REFERRED UNDER COMPANIES ACT, 2013 83 SECTION PARTICULARS GIST OF PROVISION 123 SCHEDULE III "(ii) For intangible assets , the relevant Indian Accounting Standards (Ind AS) shall apply. Where a company is not required to comply with the Indian Accounting Standards (Ind AS), it shall comply with relevant Accounting Standards under Companies (Accounting Standards) Rules, 2006."], except in case of intangible assets (Toll Roads) created under ‘Build, Operate and Transfer’, ‘Build, Own, Operate and Transfer’ or any other form of public private partnership route in case of road projects. (b) Meaning of particulars are as follows :- Where a company arrives at the amortization amount in respect of the said Intangible Assets in accordance with any method as per the applicable Accounting Standards, it shall disclose the same.] RRR Chambers - [email protected]

84. INSTANCES OF IPR- REFERRED UNDER COMPANIES ACT, 2013 84 SECTION PARTICULARS GIST OF PROVISION 129 SCHEDULE III [(iii) A reconciliation of the gross and net carrying amounts of each class of assets at the beginning and end of the reporting period showing additions, disposals, acquisitions through business combinations, amount of change due to revaluation (if change is 10% or more in the aggregate of the net carrying value of each class of Property, Plant and Equipment) and other adjustments and the related depreciation and impairment losses/reversals shall be disclosed separately.] (iv) Where sums have been written-off on a reduction of capital or revaluation of assets or where sums have been added on revaluation of assets, every balance sheet subsequent to date of such write-off, or addition shall show the reduced or increased figures as applicable and shall by way of a note also show the amount of the reduction or increase as applicable together with the date thereof for the first five years subsequent to the date of such reduction or increase. RRR Chambers - [email protected]

85. INSTANCES OF IPR- REFERRED UNDER COMPANIES ACT, 2013 85 SECTION PARTICULARS GIST OF PROVISION 129 SCHEDULE III J. Intangible assets Classification shall be given as: (a) Goodwill; (b) Brands /trademarks; (c) Computer software; (d) Mastheads and publishing titles; (e) Mining rights; (f) Copyrights, and patents and other  intellectual property rights , services and operating rights; (g) Recipes, formulae, models, designs and prototypes; (h) Licenses and franchise; ( i ) Others (specify nature). RRR Chambers - [email protected]

86. INSTANCES OF IPR- REFERRED UNDER COMPANIES ACT, 2013 86 SECTION PARTICULARS GIST OF PROVISION 281 Submission of report by Company Liquidator 281(1)Where the Tribunal has made a winding up order or appointed a Company Liquidator, such liquidator shall, within sixty days from the order, submit to the Tribunal, a report containing the following particulars, namely:— (a) the nature and details of the assets of the company including their location and value, stating separately the cash balance in hand and in the bank, if any, and the negotiable securities, if any, held by the company: Provided that the valuation of the assets shall be obtained from registered valuers for this purpose; (b) amount of capital issued, subscribed and paid-up; (c) the existing and contingent liabilities of the company including names, addresses and occupations of its creditors, stating separately the amount of secured and unsecured debts, and in the RRR Chambers - [email protected]

87. INSTANCES OF IPR- REFERRED UNDER COMPANIES ACT, 2013 87 SECTION PARTICULARS GIST OF PROVISION 281 Submission of report by Company Liquidator Section 281 (1)case of secured debts, particulars of the securities given, whether by the company or an officer thereof, their value and the dates on which they were given; (d) the debts due to the company and the names, addresses and occupations of the persons from whom they are due and the amount likely to be realized on account thereof; (e) guarantees, if any, extended by the company; (f) list of contributories and dues, if any, payable by them and details of any unpaid call; (g) details of trade marks and intellectual properties , if any, owned by the company; (h) details of subsisting contracts, joint ventures and collaborations, if any; ( i ) details of holding and subsidiary companies, if any; (j) details of legal cases filed by or against the company; and(k) any other information which the Tribunal may direct or the Company Liquidator may consider necessary to include. RRR Chambers - [email protected]

88. INSTANCES OF IPR- REFERRED UNDER COMPANIES ACT, 2013 88 SECTION PARTICULARS GIST OF PROVISION 455 Dormant Company Section 455 sub section 1 of companies act 2013 Where a company is formed and registered under this Act for a future project or to hold an asset or intellectual property and has no significant accounting transaction, such a company or an inactive company may make an application to the Registrar in such manner as may be prescribed for obtaining the status of a dormant company. RRR Chambers - [email protected]

89. PART-C-CASE STUDY In the following cases who are the owners of the copyrights, in terms of the provisions of Copyright Act, 1957?   (1) Musical sound recordings. (2) Works by journalists during their employment. (3) Painting or portrait drawn at the instance of any person. (4) Drafting of examination question papers. (5) Book written by a teacher being an employee in a college. 89 RRR Chambers - [email protected]

90. 90 Owners of copyrights The following are the owners of the copyrights: In musical sound recordings: lyricist, composer, singer, musician and the person or company who produced the sound recording. In works by journalists during their employment: in the absence of any agreement to the contrary, the proprietor. In works produced for valuable consideration at the instance of another person: in the absence of any agreement to the contrary, the person at whose instance the work is produced. RRR Chambers - [email protected]

91. TO WINNERS 91 RRR Chambers - [email protected]

92. PRESENT TO YOUR PEER ROUND -II 92 RRR Chambers - [email protected]

93. INTRODUCING YOURSELVES PRESENT YOUR PEER WITH THE FOLLOWING PARAMETERS: 93 RRR Chambers - [email protected]

94. INTRODUCTION AND BACKGROUND ANY SPECIAL SKILL IPR EXPERIENCE TOPIC PRESENTATION 94 RRR Chambers - [email protected]

95. NEED FOR INTANGIBLE ASSETS?? 95

96. 1. Business Value addition. 2. Distinguish product from similar products. 3. Improve Value for Stake holders. 4. Create a Business Image. NEED FOR INTANGIBLE ASSETS 96 96 RRR Chambers - [email protected]

97. COPYRIGHT FOR MUSICAL WORK?? 97

98. "Musical work" means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music. A musical work need not be written down to enjoy copyright protection. Copyrighted work must be original. Violation of copyright law must be established in the court. Exclusive right to reproduce, issue copies, perform, communicate, cinematograph film or sound recording, translation of the work, and adaptation of the work. COPYRIGHT FOR MUSICAL WORK 98 98 RRR Chambers - [email protected]

99. EXPLAIN A PRODUCT WITH MULTIPLE IPR? 99

100. PATENTS COPY RIGHTS TRADE MARKS TRADE SECRETS EXPLAIN A PRODUCT WITH MULTIPLE IPR 100 100 RRR Chambers - [email protected]

101. TRADEMARK REGISTRATION PROCESS 101 101 RRR Chambers - [email protected]

102. TASK -1 : Identify the classification/class of trademark 102 102 Ex :1 - ‘X’ Ltd, is into business of buying and selling of plots to customers with an option given to customers to enter into agreement for house construction by ‘X’ Ltd. RRR Chambers - [email protected]

103. TASK -2 : Identify the classification/class of trademark 103 103 Ex:2 – ‘Zed Pharmaceutical’ an unregistered partnership firm is into manufacture of animal food and selling on wholesale basis. RRR Chambers - [email protected]

104. LESSONS LEARNT 104 104 Identification of number of goods/services is necessary. One company can have either one or more class of goods/services or both. RRR Chambers - [email protected]

105. TASK -2: IS TRADEMARK AGENT NECESSARY? 105 105 ‘ABC’ ltd in it’s board meeting decided now to go for logo registration which they have been using since 2020. They advised the legal team to apply for trademark registration and as company policy they don’t want to involve any consultants who help in registration. Can they do so? RRR Chambers - [email protected]

106. LESSONS LEARNT 106 106 Trademark agent is optional. A trademark can be registered which is in use. RRR Chambers - [email protected]

107. IDENTIFY THE CLASS OF TRADEMARK FROM THE LOGO ? 107 107 RRR Chambers - [email protected]

108. IDENTIFY THE CLASS OF TRADEMARK FROM THE LOGO 108 108 [CLASS : 9] COMPUTER HARDWARE, DATAMODULES, MOTION CONTROL DEVICES, WAREHOUSE MANAGEMENT SYSTEM, CUSTOMERSERVICE MANAGEMENT SYSTEMS AS USED INBANKS, AUTOMATIC TELLER MACHINES,COMPUTERISED INTERACTIVE MACHINES ALLBEING GOODS INCLUDED IN CLASS 9. RRR Chambers - [email protected]

109. IDENTIFY THE CLASS OF TRADEMARK FROM THE LOGO? 109 109 RRR Chambers - [email protected]

110. IDENTIFY THE CLASS OF TRADEMARK FROM THE LOGO 110 110 [CLASS : 32] BEVERAGES, NAMELY DRINKING WATERS,FLAVORED WATERS, MINERAL AND AERATED WATERS, ANDOTHER NON-ALCOHOLIC BEVERAGES, NAMELY, SOFT DRINKS,ENERGY DRINKS AND SPORTS DRINKS, FRUIT DRINKS ANDJUICES, SYRUPS, CONCENTRATES AND POWDERS FOR MAKINGBEVERAGES, NAMELY, FLAVORED WATERS, MINERAL ANDAERATED WATERS, SOFT DRINKS, ENERGY DRINKS, SPORTSDRINKS, FRUIT DRINKS AND JUICES INCLUDED IN CLASS 32. RRR Chambers - [email protected]

111. IDENTIFY THE CLASS OF TRADEMARK FROM THE LOGO? 111 111 RRR Chambers - [email protected]

112. IDENTIFY THE CLASS OF TRADEMARK FROM THE LOGO 112 112 [CLASS : 34] Manufactured tobacco, raw tobacco, tobacco, smokers' articles, matches, cigarettes, electronic cigarettes, cigarette accessories including cigarette holders, cigars, cigarillos, cigar accessories including humidors, cigar ashtrays, cigar matches, cigar cutters, cigar cases, cigar holders. RRR Chambers - [email protected]

113. IDENTIFY THE CLASS OF TRADEMARK FROM THE LOGO? 113 113 RRR Chambers - [email protected]

114. IDENTIFY THE CLASS OF TRADEMARK FROM THE LOGO 114 114 [CLASS:1]Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.[CLASS : 5]Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.[CLASS : 30] Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; edible ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces(condiments); spices; ice. RRR Chambers - [email protected]

115. IDENTIFY THE CLASS OF TRADEMARK FROM THE LOGO? 115 115 RRR Chambers - [email protected]

116. IDENTIFY THE CLASS OF TRADEMARK FROM THE LOGO 116 116 [CLASS : 29] MEAT AND MEAT PRODUCTS, FISH, POULTRYAND POULTRY PRODUCTS, GAME, SEAFOOD AND SEAFOODPRODUCTS, FRUITS AND VEGETABLES, SALADS, COOKINGOILS, PICKLES, DRIED HERBS, POTATO-BASED SNACK FOODS. RRR Chambers - [email protected]

117. TASK -3 117 117 Smrti Legal, a registered partnership firm having registered office at Flat No : 201, Smrti Enclave, Near Gandhi Nagar, RTC X roads, Hyderabad, Telangana – 500020 represents by its partner Mr. A.Nagraj Kumar wants to register their logo as they are providing the legal and business advisory services to its clients. Prepare the application and apply. RRR Chambers - [email protected]

118. How to check the status of application filed? 118 118 https://ipindia.gov.in/ Go to Trade Mark Tab. Select Related Links - > Trademark Status Select Receipt/Postal Ack tab which is on left side. Fill in the cheque/DD details ,enter captcha then submit. RRR Chambers - [email protected]

119. COPY RIGHT WITH MEDIA INDUSTRY / FILM INDUSTRY 119 119 RRR Chambers - [email protected]

120. COPY RIGHT WITH MEDIA INDUSTRY / FILM INDUSTRY 120 120 RRR Chambers - [email protected]

121. COPY RIGHT WITH MEDIA INDUSTRY / FILM INDUSTRY 121 121 RRR Chambers - [email protected]

122. COPY RIGHT WITH MEDIA INDUSTRY / FILM INDUSTRY 122 122 RRR Chambers - [email protected]

123. COPY RIGHT WITH MEDIA INDUSTRY / FILM INDUSTRY 123 123 RRR Chambers - [email protected]

124. COPY RIGHT WITH MEDIA INDUSTRY / FILM INDUSTRY 124 124 RRR Chambers - [email protected]

125. COPY RIGHT IN MEDIA INDUSTRY/FILM INDUSTRY 125

126. GUESS WHY HE IS ARRESTED? 126 RRR Chambers - [email protected]

127. Copyright in cinematograph films is a bundle of exclusive rights granted to the creator of the film. These rights include the right to reproduce, distribute, publicly perform, and display the film. It occurs when someone violates the exclusive rights granted to the copyright owner, such as copying a film, music, artwork , or written content without proper authorization. For those who create and possess cinematic works, such as movies, TV shows, and other audiovisual products, copyright protection is a crucial factor COPY RIGHT WITH MEDIA INDUSTRY / FILM INDUSTRY 127 127 RRR Chambers - [email protected]

128. COPY RIGHT WITH MEDIA INDUSTRY / FILM INDUSTRY 128 128 https://copyright.gov.in/ RRR Chambers - [email protected]

129. COPY RIGHT WITH MEDIA INDUSTRY / FILM INDUSTRY 129 129 https://copyright.gov.in/ RRR Chambers - [email protected]

130. COPY RIGHT WITH MEDIA INDUSTRY / FILM INDUSTRY 130 130 RRR Chambers - [email protected]

131. COPY RIGHT WITH MEDIA INDUSTRY / FILM INDUSTRY 131 131 RRR Chambers - [email protected]

132. 132 PENALTIES & PUNISHMENTS RRR Chambers - [email protected]

133. SECTION 63 - OFFENCE OF INFRINGEMENT OF COPYRIGHT OR OTHER RIGHTS CONFERRED BY THIS ACT 133 133 Any person who knowingly infringes or abets the infringement of— (a) the copyright in a work, or (b) any other right conferred by this Act 1[except the right conferred by section 53A], shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to three years and with fine which shall not be less than fifty thousand rupees, but which may extend to two lakh rupees: Provided that where the infringement has not been made for gain in the course of trade or business the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees. RRR Chambers - [email protected]

134. SAMSUNG VS APPLE 134

135. SAMSUNG Vs. APPLE – IMPACT OF INTANGIBLE ASSETS SAMSUNG was found guilty of Infringing Apple’s patents for I-PHONE. SAMSUNG had to pay USD 1.05 billion in damages to APPLE. 135 RRR Chambers - [email protected]

136. ASSIGNMENT DEED 136

137. The assignment deed shall contain the following: Introduction of parties. Recitals Assignment of works Consideration Assignor’s representations and warranties Assignee’s representations and warranties Documentation Option 1: No further use of works Option 2: Non-exclusive license to assignor Successors and assigns No implied waiver Notice Governing law Counterparts/electronic signatures Severability ASSIGNMENT DEED 137 137 RRR Chambers - [email protected]

138. INTELLECTUAL PROPERTY RIGHTS MANAGEMENT 138

139. Identification of all IPRs as applicable to the company. Reconciliation with already reached IPRs. Registering new IPRs. Structuring IPRs for the financial statements. Assigning IPR. Monitoring and surveillance of IPRs. Protection of IPRS. INTELLECTUAL PROPERTY RIGHTS MANAGEMENT 139 139 RRR Chambers - [email protected]

140. PROTECTION OF IA’s 140 RRR Chambers - [email protected]

141. VALUATION METHODS OF INTANGIBLE ASSETS 141

142. 1. Business Value addition 2. Distinguish product from similar products 3. Improve Value for Stake holders 4. Create a Business Image Need For Intangible Assets 142 142 RRR Chambers - [email protected]

143. Commonly used methods of valuation of ASSETS 143 143 RRR Chambers - [email protected]

144. 144 VALUATION METHODS OF INTANGIBLES 144 RRR Chambers - [email protected]

145. LEGAL PROVISIONS RELATING TO INTANGIBLE ASSETS - NATIONAL 145

146. Legal Provisions relating to Intangible Assets- National 146 146 RRR Chambers - [email protected]

147. LEGAL PROVISIONS RELATING TO INTANGIBLE ASSETS - INTERNATIONAL 147

148. LEGAL PROVISIONS RELATING TO INTANGIBLE ASSETS –INTERNATIONAL 148 148 RRR Chambers - [email protected]

149. ACCOUNTING STANDARD 26 149

150. AS-26 should be applied in accounting to all Intangible assets except- a) Intangible assets covered by another Accounting Standard b) Financial Assets c) Mineral Rights d) Expenditure on the exploration for, or development and extraction of minerals, oil, natural gas and similar non-regenerative resources an e) Intangible assets arising in insurance enterprises from contracts with policyholders. It is probable to expect future economic benefits from the assets. An enterprise classifies the generation of the asset into two phases: 1) a research phase; an 2) a development phase. ACCOUNTING STANDARD 26 150 150 RRR Chambers - [email protected]

151. IAS 38 151

152. IAS 38 is an International Accounting Standard (IAS) that outlines the accounting requirements for intangible assets. Intangible assets are non-monetary assets that are without physical substance and identifiable. IAS 38 also provides general guidelines as to how intangible assets should be amortized. The amortization of an asset should only start when the asset is brought into actual use, and not before. They are identifiable when they are separable, or when they arise from contractual or other legal rights. INTERNATIONAL ACCOUNTING STANDARD (IAS) 38 152 152 RRR Chambers - [email protected]

153. ROLE OF COMPANY SECRETARY 153

154. 1. To Act as a Attorney matters relating to Intangible Assets. 2. To Appear before the Tribunal 3. To Act as Strategies for allotment of the Securities through the IPR 4. To Draft the Agreements- a) Assignment Agreement b) Franchise Agreement 5. To ensure necessary compliances as mentioned in the law. 6. To arrange the International Funding 7. To set up a company with strategic & financial Investors ROLE OF COMPANY SECRETARY….. 154 RRR Chambers - [email protected]

155. Show your creativity in saying all the variations of “ Hmmmm …..” ROUND – III (10 Marks) 155 RRR Chambers - [email protected]

156. 156

157. THANK YOU 157 RRR Chambers - [email protected]