SERMONIBUS NEGOTIATUS
CONCEPT:
CONCEPT:
Building designs are
protectable by both utility patents, which protect the functional aspects of a
design, and design patents, which protect to ornamental features of a design.
Many architectural firms actively protect their designs, both with utility
patents and design patents. Some buildings can be protected with several
patents including both utility patents and design patents.
To be patentable, the
object must be new, useful and non-obvious. The newness standard requires that
the invention has not have been publicly disclosed prior to the filing date of
the patent application (with limited exceptions). The usefulness standard
requires that it has a use, which should not be a problem with architectural
designs (except for certain “post-modern” designs). The
non-obviousness standard requires that one of ordinary skill in the art
(architecture in this case) would not have been motivated to combine prior art
references (e.g. existing buildings and publications) to achieve the claimed
building. The question of non-obviousness involves a complex legal analysis,
which requires the advice of a patent attorney.
For example, US Patent
8,371,073 protects a building with integrated systems that reduce dependency on
external resources; US Patent 2,172,838 protects a slanted building with an
offset arrangement of successive stories; and US Patent 3,866,363 protects a
wind energy dissipating building. Similarly, utility patents can protect
functional elements associated with a building, such as lighting systems (e.g.,
US Patent 8,172,435), bio-retention basins (e.g., US Patent 8,834,066) and
window covering head rail cornices (e.g., US Patent 5,042,548). US Patent
8,336,261 protects an entire revolving roof for a stadium.
When thinking about
which functional aspects to protect, think of every aspect of the architectural
design: foundations, framing systems, utility distribution systems, energy
management systems, people placement and transport systems, glazing systems,
roofing systems, room layouts, etc. (As any architect can appreciate, the list
can be quite lengthy.
Design patents protect
the ornamental features of a useful object. Ornamental features are features
that serve aesthetic purposes and a useful object is simply an object that has
an identifiable use. Design patents can be extremely powerful tools that an
architect can use to keep imitators away from a valuable design. Design patents
can protect the ornamental features of entire buildings. For example, the
Manhattan Apple Store is protected by design patent D648,864. Additional
examples include: a dwelling structure (that might be described as
“post-modern”) is protected by D477,417; a pyramidal theatre building
is protected by D256,163; and a twisted high-rise building is protected by
D304,081. Design patents can also protect individual design elements that are
part of a building. For example, D553,763 protects balusters; D 393,319
protects cornices and D245,424 protects fountains. Any novel ornamental aspect
that gives a building its unique character can be protected with a design
patent.
THEME & ELEMENTS:
- Contract Law
- Companies Act, 2013
- Design Act, 2000
- Copyrights
- Patents Act, 1970
EVENTS:
- LEGAL DRAFTING
- CLIENT COUNSELLING
- NEGOTIATION COMPETITION
- MEDIATION
AWARDS:
- Tournament Winner: Trophy + Rs. 20,000/-
- Tournament Runner up: Trophy + Rs.10,000/-
- Best Draft: Trophy + Rs. 7,500/-
- Best Negotiator: Trophy + Rs. 7,500/-
- Best Counsellor: Trophy + Rs. 7,500/-
- Best Mediator: Trophy + Rs. 7,500/-
- Participation certificates will be issued to all the participants.
TEAM COMPOSITION:
- Each team should consist of 3 members. This number cannot be
modified under any circumstances.
- Each team will be provided a team code during orientation.
Teams should not disclose the identity of their institution; such disclosure
shall invite penalties including disqualification. The decision for the same
shall be at the discretion of the National Administrator.
- Maximum 30 Teams (Team Cap.)
ELIGIBILITY:
The competition is open
for students who are studying three-year or five-year law course during the
current academic year.
REGISTRATION: