Copyright
The legal right that grants the creator of original works (e.g., website text, images, and marketing materials) exclusive rights to their use and distribution. Copyright is a fundamental facet of intellectual property law that rewards creative effort and prohibits the unauthorized appropriation of original content.
1. Our Ownership
All original content on this website is the exclusive intellectual property of Kiran Kolor. This includes, but is not limited to, our company logo, product images, website text, product names, and graphics. Our claim to ownership is based on the following principles:
Automatic Protection:
Under the Indian Copyright Act, 1957, copyright comes into existence automatically as soon as a work is created in a tangible form. This means no official registration is required to vest these rights in the creator.
Creator as First Owner:
In accordance with Section 17 of the Act, we are the first owner of the copyright in our original works, as the content was created by us in the course of our business. This provides us with the initial and primary legal standing to control the use of our work.
2. Exclusive Rights
The exclusive rights granted to a copyright owner, as defined in Section 14 of the Act, are a set of legal prerogatives that allow us to control our works. These rights include, but are not limited to:
Right of Reproduction:
The right to make copies of our content in any material form.
Right of Publication:
The right to make our content available to the public.
Right of Adaptation:
The right to create new versions or derivative works based on our content.
Right of Communication to the Public:
The right to perform or display our works in public.
Right of Communication to the Public:
The right to make our content available to the public through broadcasting or digital transmission.
3. Prohibited Usage
Any unauthorized use, reproduction, or distribution of our intellectual property is strictly prohibited. You may not, without our express written permission, use our content in any manner that infringes on our exclusive rights as outlined in the Act.
4. Legal Protection
The unauthorized use of our copyrighted works constitutes a legal infringement under Section 51 of the Act. We will take all necessary and available legal actions to protect our rights. This includes, but is not limited to, seeking civil and criminal remedies, such as:
Civil Remedies:
As provided for under Section 55, we may seek remedies such as injunctions to cease infringing activity, an account of profits, and damages to compensate for any financial loss.
Criminal Remedies:
In cases of egregious or willful infringement, we may seek criminal penalties as outlined in Section 63, which can result in imprisonment and fines.
Trademarks
A mark used to distinguish the goods or services of one enterprise from those of others. A trademark serves as a source identifier for consumers, helping them recognize and trust your brand's reputation.
1. Our Ownership
The name "Kiran Kolor," our logo, and any other brand names, product names, or taglines we use are our exclusive trademarks. Our ownership of these marks is established through a combination of common law rights and statutory rights.
Common Law Rights:
Our rights arise from the continuous use of the mark in commerce in India. This grants us automatic common law rights to its protection, as our marks have acquired a distinctive character due to their commercial use.
Statutory Rights:
The protection of our marks is bolstered by their official recordation with the Trade Marks Registry in India. This grants us a statutory right to the mark, which provides stronger legal protection and presumptive ownership under Section 28 of the Trademarks Act, 1999. The duration of this protection is outlined in Section 25 of the Act.
2. Legal Protection
Unauthorized use of our trademarks by a third party for similar goods or services constitutes a legal infringement under the Trademarks Act, 1999.
Infringement:
Section 29 of the Act defines trademark infringement. This occurs when a person uses a mark that is identical or deceptively similar to our registered mark, in relation to goods or services for which our mark is protected, leading to a likelihood of confusion among the public.
Passing Off:
Our common law rights are protected through a "passing-off" action. This is a civil wrong that occurs when a person attempts to pass off their goods or services as those of another by using a similar mark, thereby deceiving the public. This remedy is available regardless of official recordation.
3. Legal Remedies
We will take all necessary legal actions to protect our trademarks and prevent consumer confusion. This includes pursuing legal remedies as outlined in the Act, such as:
Civil Remedies:
We may seek an injunction to prevent the continued use of our mark, as well as an account of profits or damages for any financial harm caused by the infringement.
Criminal Remedies:
The use of a false trademark is a criminal offense under Section 104 of the Act, which can result in imprisonment or fines.
Trade Secrets
Confidential business information that provides us with a competitive advantage. This can include proprietary manufacturing processes, unique formulations, or sensitive customer data. Unlike other forms of intellectual property, trade secrets are not registered and are protected by their very secrecy.
1. Our Ownership
We maintain exclusive ownership of all our proprietary trade secrets. This ownership is established and maintained through our continuous efforts to keep the information confidential. We have a legal and commercial interest in preventing the unauthorized disclosure, acquisition, or use of our trade secrets.
2. Legal Protection
In India, our trade secrets are protected under a robust and well-established framework of common law and contract law. This framework ensures that our proprietary information is legally safeguarded. Any unauthorized acquisition, use, or disclosure of our trade secrets is considered a breach of confidence, a civil wrong, and a violation of any non-disclosure or confidentiality agreements. We rely on the following legal principles for protection:
Breach of Confidence:
The unauthorized use of confidential information obtained in a relationship of trust is a civil wrong, which entitles us to legal recourse.
Contractual Remedies:
Any violation of a confidentiality agreement by an employee, partner, or third party is a breach of contract, which allows us to seek legal remedies.
3. Legal Remedies
In the event of an unauthorized disclosure or use of our trade secrets, we will pursue all available legal remedies to protect our proprietary information. This may include:
Injunctions:
To legally prohibit the continued use or disclosure of the trade secret.
Damages:
To recover for any financial losses incurred due to the unauthorized use.
Patents
A legal right granted for an invention, which can be a new product or a new process, that provides a new way of doing something or offers a new technical solution to a problem. A patent grants the inventor the exclusive right to make, use, and sell the invention for a limited period.
1. Our Ownership
Any unique technologies or proprietary processes developed by us are considered our exclusive patentable inventions. Our ownership is established upon the grant of a patent by the Indian Patent Office.
2. Exclusive Rights
Upon the grant of a patent, we have the exclusive right to the invention as provided under Section 48 of the Indian Patents Act, 1970. This includes the right to:
Prevent Third Parties from Using the Invention:
To stop others from making, using, selling, or importing our patented invention without our consent.
License or Assign the Patent:
To grant others permission to use the invention or to sell the patent to a third party.
3. Legal Protection
Any unauthorized use of our patented invention constitutes an infringement of our exclusive rights under the Act.
Infringement:
The unauthorized making, using, or selling of our patented invention is a legal offense. The Act provides a clear mechanism for patent holders to enforce their rights.
Damages:
To recover for any financial losses incurred due to the unauthorized use.
4. Legal Remedies
In the event of infringement, we will pursue all available legal remedies to protect our patent rights. This includes, but is not limited to:
Injunctions:
To prevent the continued infringement.
Damages or an Account of Profits::
To recover the financial benefits the infringer gained from the unauthorized use of our invention.
Industrial Designs
The unique visual features and aesthetic appeal of a product. This includes the shape, configuration, pattern, ornament, or composition of lines or colors applied to an article. An industrial design protects the look of a product.
1. Our Ownership
Any unique design elements of our products are our exclusive industrial designs. Our ownership is established with the recordation of these designs under the Designs Act, 2000.
2. Exclusive Rights
Through the legal protection of our designs, we have the exclusive right to apply that design to our products. This right is granted and allows us to prevent others from using our designs without their permission.
3. Legal Protection
Any unauthorized application of our registered design to a product constitutes a "piracy of a registered design" under Section 22 of the Designs Act, 2000. This is a legal offense that entitles us to legal action.
4. Legal Remedies
We will pursue all legal remedies to prevent the unauthorized use of our designs, including:
Injunctions:
To stop any party from using our designs.
Damages or Penalties:
To compensate for any losses incurred due to infringement.
Geographical Indications (GIs)
A sign used on goods that have a specific geographical origin and possess qualities, reputation, or characteristics attributable to that origin. A GI serves to identify a product as originating from a particular region and protects its reputation.
1. Our Ownership
As a company that manufactures its products in India, our products embody qualities and a reputation attributable to their origin. We claim ownership of our products' geographical identity and their association with the "Made in India" label.
2. Legal Protection
The infringement of a registered GI is an actionable offense under the Geographical Indications of Goods (Registration and Protection) Act, 1999. The unauthorized use of a GI on products that do not originate from the specified geographical area is a legal offense.
3. Legal Remedies
We will take all necessary legal actions to protect our geographical identity and to prevent its misuse. This includes seeking legal remedies as outlined in Section 20 of the Act, which provides for injunctions and damages.
Fair Use Disclaimer
The doctrine of fair use allows for the limited and reasonable use of copyrighted material without the creator's permission, typically for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research.
1. Our Policy
While we acknowledge the existence of this doctrine, our policy is to grant no implied rights to use our content under this doctrine. Any use of our copyrighted material, including for purposes that may fall under fair use, still requires our explicit, prior written consent. This is a measure to ensure that all usage of our content is properly licensed and controlled.
Licensing and Permissions
A legal license is a formal permission granted by the intellectual property owner to a third party to use the intellectual property under specific terms and conditions.
1. Our Policy
The use of any of our intellectual property is prohibited without a formal, written license or explicit permission from us. This includes any content, brand names, or designs.
Request Process:
To request permission to use our intellectual property, you must contact us with a detailed proposal including your name and organization, the specific content you wish to use, and a comprehensive description of how you plan to use it.
Formal Agreement:
All permissions are granted through a formal, legally binding agreement that outlines the scope, duration, and conditions of use.
Digital Rights Management (DRM)
DRM refers to the use of technological measures to control access to and usage of copyrighted material and digital content.
1. Our Policy
We reserve the right to employ Digital Rights Management (DRM) and other technical protection measures to safeguard our intellectual property. These measures may include, but are not limited to, digital watermarking, disabling the right-click function on images, and other security protocols to prevent unauthorized copying, downloading, or distribution of our content. Tampering with or circumventing these measures is strictly prohibited.
International Protection
The principle that intellectual property rights are protected across national borders through international treaties and conventions.
1. Our Policy
Our intellectual property is protected not only under the laws of India but also internationally. Our creative and commercial assets are protected globally through various treaties and conventions to which India is a signatory, such as the Berne Convention for the Protection of Literary and Artistic Works and the Paris Convention for the Protection of Industrial Property. This ensures we have the legal standing to enforce our rights against infringement in multiple jurisdictions.
User-Generated Content
Any content created and submitted by users of our website, such as product reviews, testimonials, or comments.
1. Our Policy
By submitting any content to our website, you affirm that you are the creator and owner of that content. You grant us a non-exclusive, royalty-free, worldwide, and perpetual license to use, reproduce, modify, publish, and distribute that content across our website and marketing channels. This allows us to use your feedback and testimonials while maintaining control and ownership of the content on our platform.
Disclaimer
This statement of rights is for informational purposes only and is not intended to serve as legal advice. It is a declaration of our intellectual property claims and the legal framework under which we operate. For formal legal matters, we advise you to consult with a legal professional.