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7/28/2019 47594539 43 Intellectual Property Rights Ppt Ks Doc 1
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Intellectual Property Rights
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INTRODUCTION TO INTELLECTUAL
PROPERTY RIGHTS (IPR)
Intellectual Property (IP) is defined as any"original creative work manifested in atangible form that can be legally protected
Right associated with intellectual propertywhich gives legal protection is referred to asIPR.
When we speak of IP rights, we refer tocontrolling the way IP is used, accessed or
distributed.
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Categories of
IP rights
Utility model/Designs
Plant Breeders
rights
Geographical
Indications
Trade secrets
Trademark &
domain namesCopyright
Patent
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Classification of IPR
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IPR
Patents
Industrial Design
Trademarks
Works of Art
Literature
Music
Broadcasting
Dramatics Works
Sound Recording
Computer ProgramsGeographical
Indications
Intellectual Property
Co
pyright
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Intellectual Property can be clearly distinguished from Goodwill.UK & Australian Generally Accepted Accounting Principles (GAAP)has specified goodwill as an umbrella concept consisting ofunidentifiable intangible assets and should not include thoseIntellectual Properties which are capable of individual
identification and can be sold separately.
Copyright-. Copyright may subsist in creative and artistic works (e.g.books, movies, music, paintings, photographs, and software) and givea copyright holder the exclusive right to control reproduction oradaptation of such works for a certain period of time (historically aperiod of between 10 and 30 years depending on jurisdiction.
Designs- The designs entitled to protection are new and originaldesigns having aesthetic value which have not been previouslyknown or published in India or elsewhere.
Rights that different IP assets protect
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Trademarks- is an identification symbol which may be a word, a device,a label or numeral etc. or a combination thereof used in the course oftrade that enables the purchasing public to distinguish one tradersgoods from similar goods of other traders
The purpose ofBrand is:
To uniquely identify a company and its product. To differentiate them from competitor. To enhance the perceived value, the quality and satisfaction that acustomer experiences.attachment. Above all brand is supposed to inspire trust. Trust failure can lead tobrand failure and brand failure can be fatal.
Patents- is the grant of a monopoly right to an inventor who has usedhis skill to invent something new. A patent may be granted for a new,useful, and non-obvious invention, and gives the patent holder a right toprevent others from practicing the invention without a license from theinventor for a certain period of time (typically 20 years from the filing date
of a patent application)
Rights that different IP assets protect
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Trade-Secret is sometimes either equated with, or a subset of, "confidential information")is secret, non-public information concerning the commercial practices or proprietary knowledge ofbusiness, public disclosure of which may sometimes be illegal
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Copyright
Trade-Marks
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Different Acts governing IP assets
Trade Marks
The Patents Act, 1970Patents
The Copyright Act, 1957Copyright
Designs
The Protection of plant varieties and
Farmers Right Act, 2001
Geographical Indications
Plant Varieties
Semi conductor IC layout design
Act,2000
The Designs Act, 2000
The Geographical Indications
Of Goods Act, 1999
The Trade Marks Act, 1999
Semi conductor IC layout
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IP- Duration of Term of Protection
Patents (20 years) Trademarks (10 years + renewals) Copyrights in published literary, dramatic, musical, and
artistic works (Lifetime of author +60 years). Copyright in photographs ,cinematographic film, sound
recordings (60 years from year in which it waspublished) Broadcast reproduction right-(25 years from the
beginning of the calendar year next following the year inwhich the broadcast is made.)
Industrial designs (10 years+ renewal permitted oncefor 5 years )
Trade-secrets and know howcollectively proprietarytechnology.
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Its creation is both time and costintensive Requires an assembled trained workforce for its
creation Requires building of goodwill through advertising
programs
Generates customer loyalty
Adds to commercial value of organization
Its exploitation brings consistent additionalprofits to an organization
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Why are IP assets important ?
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IP adds value at every stage of theinnovation and commercializationprocess
Literary / artistic
creation
Invention
Financing Product Design
Commercialization
Marketing
Licensing
Exporting
Patents /
Utility Models
Copyright
Industrial Designs
Trademarks
Trademarks,
Ind. Designs,
Geo. Indications All IP rights
All IP rights
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5 Exclusive Rights of a Copyright
ownership
Section 14 Copyright Act,1957
To fix information in any tangible form
To reproduce copyrighted work
To sell, rent, lease or otherwise distributecopies
Perform and display copyrighted work
To prepare derivatives of a copyrightedwork.
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Types of Copyright Infringement
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Direct Infringement
Contributory Infringement
Vicarious Infringement
It is wholesale reproduction and distribution ofCopyrighted works
It occurs when someone knowinglyencourages infringing activity
When for financial benefit the operator in spiteof his ability to control and checkinfringements deliberately restrains fromchecking the users from committing such acts-
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Dilution is a trademark law concept forbidding the useof a famous trademark in a way that would lessen itsuniqueness.
trademark dilution involves an unauthorized use ofanother's trademark on products that do not competewith, and have little connection with, those of thetrademark owner.
A trademark is diluted when the use of similar oridentical trademarks in other non-competing marketsmeans that the trademark in and of itself will lose itscapacity to signify a single source.
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Dilution
http://en.wikipedia.org/wiki/Trademark_lawhttp://en.wikipedia.org/wiki/Trademark_lawhttp://en.wikipedia.org/wiki/Trademark_lawhttp://en.wikipedia.org/wiki/Trademark_law7/28/2019 47594539 43 Intellectual Property Rights Ppt Ks Doc 1
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Legal remedies-Copyright
infringements
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Sections 54 to 62 deals with civil remedies for infringement of copyright. Civil
remedies include injunction, damages and accounts, delivery of infringing copies and
damages for conversion.
Costs: The costs of all parties in any proceedings in respect of the infringement of
copyright shall be at the discretion of the court.
There are three types of remedies against copyright infringement
Civil Criminal Administrative
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Copyright Infringement
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Relief
Civil Remedies:
Injunction
Damages
Account of profit
Delivery of infringing copies
Damages for conversion
Criminal Remedies:
Imprisonment of the accused orimposition of fine or both
Seizure of infringing copies.
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Copyright Infringement (Contd.)
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Relief
Administrative remedies:
Administrative remediesconsist of moving the
Registrar of Copyrights toban the import ofinfringement is by way ofsuch importation and thedelivery of the confiscatedinfringing copies to the
owner of the copyright andseeking the delivery.
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Geographical Indications of Goods
- Infringement
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Relief
In case false geographicalindication is established, it carriespenalty with imprisonment for aterm which shall not be less thansix months but which may extend
to three years and with fine whichshall not be less than fiftythousand rupees but may extendto two lakh rupees.
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Legal remedies for infringement
of Patent
Indian Patent Act-Section 108
Injunction
Damages or account of profits Infringing goods and materials be
destroyed.
Suit be filed in district court or highcourt having original civil jurisdiction
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Design Infringement
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Relief
The judicial remedy forinfringement of a registereddesign recommended in the Act isdamages along with aninjunction. Section 22(2)
stipulates remedy in the form ofpayment of a certain sum ofmoney by the person who piratesa registered design. A suit in theappropriate manner for seekingthe relief in the form of aninjunction is also recommended.