IPR Overview SN

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Amity Business School

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INTELLECTUAL PROPERTYRIGHTS


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IPR

legal rights (ownership interests), which result

from intellectual activity in the industrial,

scientific, literary and artistic fields.

rights of creators in their creations

Intellectual property rights safeguard creators

and other producers of intellectual goods and

services by granting them certain time-limitedrights to control the use made of those

productions


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IPR (contd.)

IPRs promote creativity, dissemination and

application of intellectual goods and

encourage fair-trading in them IPR laws, thus contribute to economic and

social development.


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IPR (Types)

PATENTS ACT, 1970 ( AMENDED in 2004)

COPYRIGHTS ACT, 1957 ( AMENDED In 1999)

NEW ACTS ENACTED AS A SIGNATORY

TO GATT TO COMPLY WITH NEWARRANGEMENT OF PROTECTION OFINTELLECTUAL PROPERTY RIGHTS.

TRADEMARKS ACT, 1999 (substituted in place

of Trade Marks and Merchandise Marks Act 1958) DESIGNS ACT, 1999

GEOGRAPHICAL INDICATIONS ACT, 1999


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WTO

The TRIPSAgreement is Annex 1C of the MarrakeshAgreement Establishing the World Trade Organization,signed in Marrakesh, Morocco on 15April 1994. ...

WTO deals with the rules of trade between nations

It is a negotiating forum

It has 153 members

It has a General council, Council For Trade Related

IPRs, Council for Trade in Goods, Council for Trade inServices


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INDIA AND WTO

( TRIPS AGREEMENTS) The importance of IPR in India is well established

at all levels-statutory, administrative and judicial.

India ratified the agreement establishing the WTO.

The agreement lays down minimum standards forprotection and enforcement of intellectual propertyrights in member countries.


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WIPO

The World Intellectual Property Organization

(WIPO) is a specialized agency of the United

Nations. It is dedicated to developing a balanced

and accessible international intellectual property(IP) system, which rewards creativity, stimulates

innovation and contributes to economic

development while safeguarding the public

interest.

WIPO was established by the WIPO Convention

in 1967


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TRIPS

Agreement on Trade-Related Aspects

of Intellectual Property Rights

The TRIPS Agreement is Annex 1C of theMarrakesh Agreement Establishing the

World Trade Organization, signed in

Marrakesh, Morocco on 15 April 1994.


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PATENTS

Inventions are the subject matter of Patents.

Rights in new, non-obvious, and useful machines,articles of manufacture, compositions of matter, orprocesses.

It is actually an exclusive right granted by thegovernment to an inventor for exclusivity to theirinvention.


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REQUIREMENTS OF INVENTION

An inventor must show that the invention is:

NEW : that no other inventor has obtained a patent for the

same invention.

NON-OBVIOUS that the subject matter of an inventionwas not obvious at the time the invention was made to a

person having ordinary skill in the art to which said subject

matter pertains.

USEFUL :that the machine, product, or process is one thatcan be used in industry or commerce.


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NOT INVENTIONS:

1. An invention which claims anything contrary to existing natural laws.

2. The mere discovery of a scientific principle or the formulation of anabstract theory.

3. Discovery of a new process or property unless it results in a new reactant.

4. A substance obtained by mere admixture

5. Arrangement or rearrangement of duplication devices in a new way.


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6. A method of agriculture or horticulture, seeds, etc..

7. Any process of medicinal, surgical application on

human beings or animals to render them free of disease.

8. Inventions that involve essentially biological processes forthe production of plants or animals.


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PROCEDURE FOR REGISTRATION

An application has to be submitted to Controller ofPatents.

The application is then referred to Examiner.

Examiner checks its authenticity, about itsregistration .

If there are discrepancies in application ,objections are raised which must be answered .

Else it is notified in the Official Gazette that newPatent is registered.

PATENTEE CAN SELL OR ASSIGN HISPATENT TO OTHER PERSONS.


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TYPES

PRODUCT PATENT

PROCESS PATENT


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DURATION

The WTOs Agreement on Trade-Related Aspects of Intellectual Property Rights

requires that term of a patent be not less than

20 years.


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FOREIGN PATENTS

Procedure for patent in other countries

Patent Co-operation Treatyhas made the process ofgrant of Patent in various countries a simple one.

An inventor/assignee can file an application for grant ofPatent via PCT route in his own home country (calledInternational Application) and after search andexamination of his invention for novelty, patentabilityetc., he can file his application for grant of Patent in othercountries (called entry into National Phase PCT PatentApplication), provided both the countries are conventioncountries.There are more than 180 convention countries with

whom India has reciprocal relations. The list is


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COPYRIGHTS

Copyright Defined:

Right in an original intellectual creation in the fields of art,

literature, music or science that have been fixed in a tangiblemedium for the purpose of communication.

Copyright Protection:

Limited to an authors particular expression of an idea,process, concept, and the like in a tangible medium.


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ORIGINALITY TO BE DEFINED

Original intellectual creation (or work):

something that the author has infused with creativity.

Works in the fields of art, literature, music or science:

Literary, dramatic, musical and artistic works.

Sound recordings.

Films.

Radio and television broadcasts.

Computer programs - software

Work fixed in a tangible medium of expression:

medium that is permanent for at least some time- like music or filmCD, book


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DURATION

The TRIPS Agreement provides for the minimumstandard for duration of copyright protection.

In case of a person, the term is the life of author plus50 yrs. In India the period is 60 years.

In case of a corporate entity, it is 50 yrs from the endof the calendar year of authorized publication.


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RIGHTS OF COPYRIGHT

Pecuniary

It is a right to exploit a work for economic gain. It

includes the following:

Right to reproduce.

Right to distribute.

Exhaustion of Rights: once a work has been

distributed to the public, the right to control its

distribution comes to an end.

Right of performance.


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Implication It is a right to prohibit others from tampering with a work.

These include:

Right to object to distortion, mutilation or

modification.

Right to be recognized as the author.

Right to control public access to the work.

Right to correct or retract a work.


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COPYRIGHT INFRINGEMENT Copyright Infringement is the unauthorized use of a

material which is covered by copyright law in a

manner that violates one of the original copyrightowners exclusive right.

For example: right to reproduce the copyrightedwork.

Penalties could include the court order to stopproducing that item, confiscation of the item.


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EXCEPTIONS TO COPYRIGHT INFRINGEMENT

Common uses that do not constitute an infringement of acopyright :

-Use of the idea only and not the particular expression

Use in a court or administrative proceeding

Use by the police if the material (such as a portrait) isneeded to maintain public safety

Use for instructional purposes in schools

Use for a purely private purpose

Use in extended quotations of newsworthy

speeches or political commentaries


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FOREIGN COPYRIGHTS

FOLLOWING CONVENTIONS are relevant

1. Berne Convention for the Protection of Literary and Artistic works.

2. Universal Copyright Convention.

3. Multilateral Conventions

4. TRIPS

Government of India has established Copyright Enforcement AdvisoryCouncil (CEAC) as an apex body for dealing in copyright relatedissues. No special courts have been set up for hearing casespertaining to copyright related matters.


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TRIPS

Agreement on Trade Related Aspects of

Intellectual Property Rights (TRIPS)

sets down minimum standards forintellectual property (IP) regulations

negotiated at the end of the Uruguay

Round of the General Agreement on

Tariffs and Trade (GATT) in 1994


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TRIPS (contd.)

TRIPS contains requirements that nations'

laws must meet for :1. Copy rights, including the rights of performers, producers of sound

recordings and broadcasting organizations

2. Patents

3. Trade marks

4. Geographical indications

5. Industrial Designs

6. Integrated Circuit layout designs

Also specifies enforcement procedures,

remedies, and dispute resolution procedures


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Berne Convention

For protection of literary rights and artistic

works

A

dopted in 1886

in Paris Completed in Berne in 1914, and

Revised from time to time


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Patent Cooperation Treaty

Adopted in Washington in 1974, revised in

1979, 84 and 2001

Simplifies and renders more economicalthe obtaining of protection for inventions

where protection is sought in several

countries,


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Convention Countries

Countries or groups of countries with

whom India has reciprocal arrangement to

extend similar treatment as is granted to

its own citizens in the matter of grant of

patent or patent protection and rights ( S.

133 Patents Act 1970)


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TRADEMARKS Trademarks Defined: any word, name, symbol, or device that

merchants and others use to identify themselves and their

products

Acquiring Trademarks

By use

Famous foreign trademarks will be protected to prevent

confusion in the minds of local consumers

By registration


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WTO's Agreement on Trade-Related Aspects

of Intellectual Property Rights sets that the

initial registration of a trademark shall be for a

minimum term at 7 years.

Registration may be renewed indefinitely.


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FOREIGN TRADEMARKS

FOLLOWING TREATIES ARE RELEVANT

1. Agreement on Trade-Related Aspects of IntellectualProperty Rights, 1994 :

2. The Madrid system for the international registration ofmarks :

3. Trademark Law Treaty 1994:.

4. The Communal Trademark System :


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Communal Trademark System

ACommunity Trade Mark (CTM) is any trademark which ispending registration or has been registered in the European Unionas a whole (rather than on a national level within the EU).

The CTM system creates a unified trademark registration system inEurope, whereby one registration provides protection in all member

states of the EU. The CTM system is unitary in character.A

lthoughan objection against a CTM application in any member state candefeat the entire application, a CTM registration is enforceable in allmember states.

The CTM system is administered by the Office for Harmonization inthe Internal Market (Trade Marks and Designs) (OHIM), which islocated in Alicante, Spain (see also trade mark law of the European

Union).


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MadridAgreement (1891), and the Madrid Protocol (1989)

Madrid system offers a trademark owner the possibility to have histrademark protected in several countries by simply filing oneapplication directly with his own national or regional trademark office(members of the Madrid Union available in PDF). An internationalmark so registered is equivalent to an application or a registration ofthe same mark effected directly in each of the countries designatedby the applicant. If the trademark office of a designated country doesnot refuse protection within a specified period, the protection of themark is the same as if it had been registered by that Office. TheMadrid system also simplifies greatly the subsequent managementof the mark, since it is possible to record subsequent changes or torenew the registration through a single procedural step. Furthercountries may be designated subsequently.


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Trademark Law Treaty 1994

The aim of the Trademark Law Treaty (TLT) is toapproximate and streamline national and regionaltrademark registration procedures. This is achievedthrough the simplification and harmonization of certain

features of those procedures, thus making trademarkapplications and the administration of trademarkregistrations in multiple jurisdictions less complex andmore predictable.

The great majority of the provisions of the TLT concern

the procedure before the trademark office which can bedivided into three main phases: application forregistration, changes after registration and renewal.


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Integrated Circuit

A product in which interconnections are

integrally formed on a piece of material,

intended to perform an electronic function.


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Layout Design

A three-dimensional disposition of the

elements composing an integrated circuit

Documents

IPR Overview SN