47594539 43 intellectual property rights ppt ks doc 1

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_law


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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.

47594539 43 intellectual property rights ppt ks doc 1

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