2010 11 pgp1-lab_written report_section b_group 12_dec20

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Intellectual Property Rights LEGAL ASPECTS OF BUSINESS (PGP-1 Term-II 2010-11) Section B | Group 12 Nitesh Kumar | Binny George | Raja Vijay Srikanth Kakumani | Amey Kulkarni

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Page 1: 2010 11 pgp1-lab_written report_section b_group 12_dec20

Intellectual Property Rights

LEGAL ASPECTS OF BUSINESS

(PGP-1 Term-II 2010-11)

Section B | Group 12Nitesh Kumar | Binny George | Raja Vijay

Srikanth Kakumani | Amey Kulkarni

Page 2: 2010 11 pgp1-lab_written report_section b_group 12_dec20

Introduction

Innovation and creativity has always been the base to solve any problem for human race

Intellectual Property (IP) describes a variety of intangible assets like ideas, inventions, technologies, artworks, music and literature

It is a commercial application of imaginative thoughts to solving a technical or artistic challenge

It is the idea behind a product and describes the way the idea is expressed and the way it is named

It is a result of an individual’s creation and inventiveness IP stimulates progress and helps transforming society

and adds value to our life

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The word “property” is used to describe the value IP adds to this world

IP applies only to inventions, works and names for which a person or group of persons claim ownership

IP results from innovations based on existing knowledge

IP is relevant in all times and culture, and it has helped in evolution and progress of the society

Page 4: 2010 11 pgp1-lab_written report_section b_group 12_dec20

The History Of Inventions And Intellectual Property

The Venetian Law of 1474 was the first systematic approach to protect inventions by a form of patents

Sixteenth-century Tudor England also had patent system

Statute of Monopolies in 1624 was the first written law which provided for the grant of a monopoly for an invention

Page 5: 2010 11 pgp1-lab_written report_section b_group 12_dec20

The History Of Inventions And Intellectual Property (contd..)

18th century saw many countries establishing their first patent systems First patent law in France was enacted in 1791 which provided

for the protection of inventors’ rights In US, the constitution specifically provided for patents and

protection of inventions by granting exclusive rights to

inventors in 1788 Spread of printing press provoked the need for a

copyright law The invention of printing press in 1440 gave birth to first

copyright system in the world The Statute of Anne was enacted by British Parliament

in 1710, which was one of the inspirations for the intellectual property protection in the US constitution

Page 6: 2010 11 pgp1-lab_written report_section b_group 12_dec20

International Framework for IP Paris Convention for the Protection of Industrial Property

1883 First major international treaty to protect intellectual creation Industrial property rights in the form of patents, marks,

industrial designs

Principle of National Treatment Equal protection between nationals and foreigners Paris Convention, Provision on national treatment (article 2)“The subjects or citizens of each of the contracting States shall,

as regards patents, industrial designs, trade marks and trade names, enjoy the advantages that their respective laws now grant, or may hereafter grant, to nationals. Consequently, they shall have the same protection as the latter and the same legal remedy against any infringement of their rights, provided they observe the formalities and conditions imposed upon nationals by the domestic legislation of each State”

Page 7: 2010 11 pgp1-lab_written report_section b_group 12_dec20

International Framework for IP International Literary and Artistic

Association Set up in mid 1800s as International

Literary Association by author Victor Hugo

Berne Convention for the Protection of Literary and Artistic Works 1886

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International Framework for IP Madrid Agreement on Marks 1891 International Convention for the Protection of

New Varieties of Plants (UPOV) 1961 Budapest Treaty on the International Recognition

of the Deposit of Microorganisms for the Purposes of Patent Procedure 1977

Washington Treaty on Intellectual Property in respect of Integrated Circuits 1989

Convention on Biological Diversity 1992

Page 9: 2010 11 pgp1-lab_written report_section b_group 12_dec20

TRIPS Agreement

General Agreement on Tariffs and Trade (GATT) Uruguay Round led to WTO Agreement in

Marrakesh 1994 WTO commenced operation in 1995

Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Administered by WTO Sets minimum standards for national IP systems Dispute settlement on IP issues Came into force on Jan 1st 1995 WTO members (except Least Developed Countries)

were to comply with TRIPS provisions by Jan 1st 2005

Page 10: 2010 11 pgp1-lab_written report_section b_group 12_dec20

WIPO & WTO

World Intellectual Property Organisation - Agency of the United Nations

Administers intellectual property treaties Paris convention, the PCT, Budapest treaty

and the Strasbourg agreement on the IPC Provides technical assistance through its

development cooperation program

Page 11: 2010 11 pgp1-lab_written report_section b_group 12_dec20

WTO

World Trade Organisation – body that supervises international trade

Administers the TRIPS agreement WIPO & WTO work together on common

responsibilities related to international IP issues

Page 12: 2010 11 pgp1-lab_written report_section b_group 12_dec20

Types of intellectual property Industrial property and copyright Trademarks, patents & trade secrets

IP shall include rights related to Literary, artistic & scientific works Performance of performing artists & broadcasts Inventions & scientific discoveries Industrial designs Marks and commercial names Protection against unfair competition All rights resulting from intellectual activity in

industrial, scientific, literary & artistic fields

Page 13: 2010 11 pgp1-lab_written report_section b_group 12_dec20

Intellectual property rights

Page 14: 2010 11 pgp1-lab_written report_section b_group 12_dec20

Intellectual property rights

Page 15: 2010 11 pgp1-lab_written report_section b_group 12_dec20

Intellectual property rights

Page 16: 2010 11 pgp1-lab_written report_section b_group 12_dec20

Common forms of IP RightsPatent:

Page 17: 2010 11 pgp1-lab_written report_section b_group 12_dec20

Patent:Cont.

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Trademark:

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Trademark:Cont.

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Copyright and Related Rights (1/2) Bundle of rights given to creators in their

literary and artistic works The creator can prohibit or authorize

its reproduction in various forms its public performance its broadcasting its translation into other languages

The creator can enforce rights in court to obtain an order to stop unauthorized use to obtain damages for loss of financial rewards

and recognition

Page 21: 2010 11 pgp1-lab_written report_section b_group 12_dec20

Copyright and Related Rights (2/2) Relative rights include

Right of a performer in his/her performance, Right of producer of a sound recording in

recording Right of broadcaster in broadcasting

Time limit of economic rights Copyright Act of 1957 1983 1992 1994

1999 Copyright exists from the moment the work is created Registration has evidentiary value in case of dispute

Page 22: 2010 11 pgp1-lab_written report_section b_group 12_dec20

Geographical indications

Specific geographic origin and possess qualities or reputation due to place of origin Champagne Darjeeling Tea

Geographical indicators can be used strategically to promote regional or national enterprises

Geographical Indications of Goods (Registration and Protection) Act, 1999

Page 23: 2010 11 pgp1-lab_written report_section b_group 12_dec20

Designs

“ A design is defined as the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any industrial process or means, whether manual, mechanical or chemical, which is the finished article appeal to and are judged solely by the eye ”

Indian Patent and Design Act, 1911 The Design Act, 2000

Protects only designs that are aesthetic in nature Novelty and originality are important criteria in

design for registration

Page 24: 2010 11 pgp1-lab_written report_section b_group 12_dec20

Other Indian IP Laws

The Protection Of Plant Varieties And Farmers Rights Act, 2001

Integrated Circuit Layout Designs Act, 2000

The Biological Diversity Act, 2002

Page 25: 2010 11 pgp1-lab_written report_section b_group 12_dec20

Thank you!