intellectual property rights (ipr) in engineering
TRANSCRIPT
Intellectual Property Rights (IPR)
https://www.youtube.com/user/dastikop Ravindra Dastikop
http://dastikop.blogspot.in
Ravindra Dastikop
PURPOSE
Provide a general awareness and introduction
on IPR, its provisions
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AGENDA● Meaning and Forms of Intellectual property
●Competing rationale for protection
●Means of Protection
○ International convention
○ World Court
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Who is the audience?
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Audience
● Engineering Faculty
● Engineering students
● research scholars
Why this webinar ?
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The Academic Reality
● Faculty, staff and students of engineering
colleges are engaged in Research &
Development work of diverse nature.
○ Project work, Ph.D
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The Result● Many of these activities lead to evolution of
intellectual property (IP) in the form of
● patents, know-how, copyrights, designs,
instruments, devices, processes, specimens,
software and other inventions
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The Benefit● These can be commercially exploited either with or without
registration under the Patents Act/Copyright ● Such a commercial exploitation can be of considerable
socio-economic benefit to the country. ● The Institutes, therefore, encourages the protection and licensing
of such IP to organisations which can effectively utilise the same for commercial exploitation.
● This would yield financial returns to the Institute, and partially support the R&D efforts.
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What is IP? ● Intellectual property or IP is a new category of
property.
● IP is handiwork of creative mind.
● It takes the form of an inventive solution or a
means to harness an opportunity or overcome
a problem
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What is IPR?
● Intellectual property Rights (IPR) are legally
awarded ownership rights to inventors.
● They provide them exclusive rights.
● It is similar to rights of a piece of land or some
other property such as a vehicle
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Forms of Intellectual Property
●Copyrights●Patents●Trademarks●Designs● Integrated circuits●Geographical indicators●Trade secrets
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Forms of Intellectual Property
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Importance of IPIntellectual properties are today's economic engines.
Idea-based products are creating wealth for
companies and countries.
Examples:
chemical formula used in a drug
algorithm used in search engine
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What is IP education?
IP education is concerned about creating
awareness and appreciation of IP
regime; its promises, potentials and
associated responsibilities
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Stages of IP Education
●Basic IP Education
● IP education for Practice (professionals)
● IP Education and Laws
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What does IP education consist of?
● IP education consists
○ educating about nature of IP,
○ its classification
○ legal framework (IPR ) to own and
protect it
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Why should one have IP education?
● Economy is driven by idea-based products ( software,
music)
●Globalization is increasing international trade
●Scope people interacting with IP is increasing (business,
R& D, designers)
●National heritages coming under IP domain - Yoga
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Origin and evolution of IP
Since early days humans have been using ideas
for facing challenges and harnessing
opportunities.
However, ideas or idea based products, services
have today come to forefront and are shaping
both business and social life.
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Competing rationale for protection
●Business environment is competitive sometime even
hostile
● IP have a key role to play economic development
●protection and promotion of IP contribute heavily to
economic and industrial developments ( developed
world)
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Value of IP- social perspective●Protection of IP has
○ opened up new frontiers in every human fields
○ helped inventions
○promoted technologies
○multiplied production of goods
○Globalised markets
○ spread better living standards across the world
○promote transfer of technology
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Value of IP: Inventor perspectives
●guarantee inventors and authors rights in the
commercial exploitation
●Limited duration monopoly ( 20 years for inventions)
● inspires other go beyond current level of inventions
○ improvements
○other directions in research & technology
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IP rights: DimensionsProvides rights to inventors or authors
protects these rights from infringements by
enforcing heavy fines and punishments
eg: i4i and Microsoft case
Microsoft is fined a huge amount for infringing
i4i's patents on some XML
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Benefits of IP● IP ownership is an incentive for inventors
● IP protection is a challenge for competitors
● Competition tries to "own" something new or finds improvements in existing
products or services
○ eg. Google has a search algorithm
○ others of trying to find better algorithms
● "pushing forward" tendency creates more competition and more products and
services
● Thus entire society benefits
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How do your ownership is protected
around the globe?
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International Conventions● International conventions
●World court
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International ConventionsInternational convention is needed to operate at global level●Challenge● countries have
○different legal systems○different interests○ at different state of progress
● Solution ○ agreements among group of nations and between two or
more nations○ Such agreements are "International Conventions"
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GATT - 1995- now WTOCame into being from 1-1-1995India is a signatory IP rights are covered under this Signatory country must abide by● Paris Convention- for industrial property - patent and design●Berne Convention - literary and artistic works●Rome convention - protection of performers and
phonograms●Washington Convention - Integrated circuits ● Geneva Convention- plant variety
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Nation's Responsibility ●Each nation must implement the provisions of
conventions in their territory and adhere to them
●should not discriminate between nationals of other
nations and their own citizens in implementing
provisions of conventions
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World Court● Established in 1945 by UN as a mechanism to settle international
disputes● It is also called International court of Justice and is based in the
Hague, the Netherlands.●World court comes into picture when
○ countries in dispute agree to refer the case to it○one country has a right to approach the world court against
another country○ states may agree is jurisdiction
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World CourtComposition and working● 15 judges●Nine Judges constitute a quorum● Judges are elected by majority of security council●Not more than one judge from a nation
Power and authority● The law adopted by World Court comprises of principles
recognised by International law of civilized nations● Looks to rules, laws and terms of agreements● Judgements of world court can not be touched by any member
state
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FORMS OF IPR
This section discusses different IPR Types
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Forms of Intellectual Property
●Copyrights●patents●Trademarks●Designs● Integrated circuits●Geographical indicators●Trade secrets
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COPYRIGHT
This section discusses about one kind of IPR called copyright.
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Copyrights● Meaning of copyright,
● content of copyright,
● ownership and rights, period of copyright
● assignment and relinquishment of copyright,
● license, infringement of copy right,
● fair use, offenses and penalties
●
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COPYRIGHTS- meaning
Meaning of Copyright
●Copyright is a form of IPR
● It protects the rights of authors
●Originally it covered only books, but it is
extended to cover other creative works such as
music, software
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COPYRIGHTS- definition
Definition of Copyright
●Copyright creates in the author an
exclusive right to produce, reproduce,
publish and perform his work in all ways
known and possible
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Nature of copyright● Copyright is given with or without any kind of registration of work i.e
author gets copyrighted as soon as he creates his work
●However, registration of work is recommended as it gives certified extract
which can be used as evidence in case of disputes
● It also helps author to assign rights to others- such as publishers etc
● Courts will make immediate orders when copyright extract is produced
● It is useful document for succession issues also
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Content and substance of Copyrights ●As per copyright law, the following can be copyrighted
○ original literary, dramatic, musical and artistic work○ cinematograph films○ sound recordings
● Rights allow author to○ reproduce work in any form○ publish the work○ perform in public place○ translate the work○ broadcast/telecast○ adapt the work
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Copyright: OwnershipOwnership: Primary and special rights obligations
●Author is the first owner of the work
●He has the right to produce, publish,adapt and translate
●Making copy on digital media is also vested with author
●However, author can assign ownership to other such as
publisher, performer
●Assignment must be in Written Form
● This is also true of licence
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Assignment of Copyrights●Author may assign one or more of his copyrights in one or more
forms.○ Terms of assignments have to be drafted carefully○Assignment is for a period for five years unless stated
otherwise. ○ It lapses if not used within one year
●Assignment may be limited by geography/language■ books to be sold in India only
●Relinquishment of copyright○ Author may sell his copyright and relinquish his rights
altogether
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Copyright- Licence●Licence gives a particular kind of right to a copyrighted work
without giving up the ownership● It is usually given for a specified function
○ to publish in a region●Care must be taken to protect author while drafting a licence● In case either the owner or assignee or licencee fails to publish
a work which has a demand, then copyright board can assign rights to someone to publish the work- this is called compulsory licence.
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Copyright- REGISTRATIONRegistrar of copyright and copyright board
● The formal agencies for administering copyrights are
○ Registrar of Copyrights
○ Copyright board
● The registrar of copyright is responsible for registration of work and maintaining
registration details
○ name of author, address details
○ Title of work, language,year and location of publication
● Author must make an application for the registration of the work ( This is not
Mandatory)
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CopyrightsInfringements of Copyright● Infringement is act by any person other than the author doing
something that is allowed legally only to the author○ publishing a book without assignment or licence
● Infringement may occur in many forms. It covers○ Literary works○ dramatic works○Musical works○ Photographs
● Infringement can also happen with○ broadcasting○ computer software
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Copyrights:Defence against Infringements●Unconscious infringements
○displaying the photograph bought
○ composing a music which is similar to existing one is an act of
infringement
● Innocent infringements
○dealing with copyright works without knowing that they are so
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Copyright: fair use
●Fair use an act of using a copyrighted material that
does not amount to infringement
○using copyrighted material for research,
teaching, review etc
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Copyright: fair use Ravindra Dastikop
Copyright: fair use Ravindra Dastikop
Copyright:Remedies against Infringements
●Remedy is a legal means to protect copyrights. They are○Civil remedies
■ suit for injunction■ suit for damages
○Criminal remedies■ author can file a case for legal relief as and when
someone infringes his copyright○Administrative
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Copyrights:Offences and Penalties
●Every infringement is punishable. Hence it becomes
an offence and may attract punishment and/or
penalty
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PATENTSThis session discusses about one kind of IPR called
patent
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Concept of patent●Patent is a state grant- in the name of inventor
● It has a time period - usually 20 years
●Patent is a privilege for
○making, manufacturing, selling or using the
invention and right to authorize others to do
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Patents : Purpose & Policy
● Encourage research and promote inventive genius
● to secure for inventors awards for inventing
● to provide inventors a monopoly for commercial exploitation of
the invention
●maintain flow of inventions
● to generate and promote scientific temper
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Patents: ApplicationApplications of patents: The following persons can make application for patent●person claiming to be the true and first inventor of
the invention● the assignee of the inventor● legal representative of the deceased person who
immediately before his death was entitled to make such application
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Patentpatentable inventions●Patent is issued only such of those inventions which are new and
novel and have commercial value ● Invention must not be known earlier● It must have usefulness
Inventions:● art,process,method or manner of manufacture●machines, appliances and other articles● substances produced by manufacture
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PatentsPublication and public use
●Publication of an invention is the
announcement to the public about the
invention
● If invention is known earlier and is in use- it
amounts to prior knowledge
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PatentProcedure for obtaining patent●Patent is obtained through application●Application must be thorough and comply with all the
requirements specified in the rules.●Stages of procedure○ First stage: Office objections○Granting of patent○Post-grant hearing○ Final order○
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PatentOpposition
●Any one can oppose patent
●A notice of opposition in triplicate shall be sent
by the objector to the controller within four
months of publication
●Grounds for opposition
○wrongly obtained invention
○ invention is already published
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PatentGrant of patent
●Once the controller makes the order for granting patent, the applicant has to make an application for the issue of patent and for sealing it.
●The date of sealing is relevant for the purpose of calculating the term of patent
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Patents● Rights and obligations of patent holders
● Infringements & remedies
● Offenses and Penalties
●
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TRADEMARK
This section discusses about one kind of IPR called Trademark.
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Trademarks●Why trade marks
●Definition and conception
●What can be registered as TM
●Application and Granting of TM
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Trademarks: Why●Trade mark is for a company what name is for an
individual● It represents "personality" of the company●Name, reputation, expectation are all part of a trademark● It establishes "distinctiveness" for the products and
service○eg BBC
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Uses of Trademark● Trademark guarantees consistency in quality of goods and services
● It allows companies to introduce "new" products with little effort
○ eg. Rajeshree Films
● For a consumer, it simplifies purchasing decision
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Trademark: Definition & Conception● Form
○ Trade mark in its physical form is a symbol○ It can be label affixed to a product or service- hologram○ It can be embossed or integrated into product
● Content○name, signature, word, letter, numeral or any combination
●Appearance○distinctiveness
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Trademark: Examples
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Registering Trademark: Procedure and advantages
● Like copy right, registration of trademark is not compulsory. Howver, like in case of
Copyright, the registration of trademark provides some advantages
○ helps owner to establish title on it
○ It protects owner against un-authorised infringements by others
○ helps owner to negotiate with other business and government for commercial
agreements
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What can not be registered as TM●non-distinct words or symbols
● common words ( in common use)
●A square can be trademark for any product or service but it can
not be trademark for a product which is SQUARE in shape
● Trademarks that offends community or religious sentiments can
not be a TM
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Application for Trademark●Before applying for TM, it is necessary for the applicant to make
necessary check of existing TM to avoid duplication
● Application form must be submitted in "prescribed" form to "
Registrar of Trademarks" with prescribed Fees
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Procedure of registration●upon receipt of application, the registrar of TM issues an
acknowledgement● It begins a search for any earlier TM● In case not found, it allots the trademarks● It may also suggest changes, in shape, color etc● The applicant gets a notice for grant of TM●Once granted, it is open for public challenge● TM is issued for a period of 10 years and it needs RENEWAL
●
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Industrial Designs
●Definition of a design
●procedure for registeration
●rights conferred by registration
● Infringements
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Industrial Design: Meaning and Definition
● Industrial design is a kind of IPR● It is applied to a wide variety of products and service such as items
of ○handicrafts○watches○ jewellery○ fashion○ luxury items
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Industrial Design: Examples
●
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Industrial design: Procedure for registration
●Application has to made in prescribed form
●Different applications for single or set of items
●Application must be done 4 copies- and accompanied by
drawings, photographs, tracings or specimans
● Industrial design can be applied under 14 categories
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Granting of Industrial design
●Upon the receipt of application , the office makes a compliance
study
●Upon acceptance, industrial design is automatically registered.
●Any application for cancellation from third party has to be made
within one year
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Industrial design: Infringement
●Unauthorised use of Industrial design is termed as " piracy"
● Infringement is caused in the following
○use of Industrial design on a product of similar category for
which it is issued
○wrongful application for "imitation " products
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Summary
Conclusions● IPR is an important tool for protecting our
academic and research results
● A basic knowledge and practice of IPR
provisions is a MUST for all concerned.
● IPR is a techno-legal-commercial in nature
and hence needs expert advice
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