Intellectual Property Rights

1

INTRODUCTION TO INTELLECTUAL PROPERTY RIGHTS (IPR)

Intellectual Property (IP) is defined as any "original creative work manifested in a tangible form that can be legally protected

Right associated with intellectual property which gives legal protection is referred to as IPR.

When we speak of IP rights, we refer to controlling the way IP is used, accessed or distributed.

2

3Categories of IP rights

Utility model/Designs

Plant Breeders rights

Geographical Indications

Trade secrets

Trademark & domain names Copyright

Patent

Classification of IPR

4

IPRPatents

Industrial Design

Trademarks

Works of Art

Literature

MusicBroadcasting

Dramatics Works

Sound Recording

Computer Programs Geographical Indications

Intellectual Property

Copy

r igh

t

5 Intellectual Property can be clearly distinguished from Goodwill. UK & Australian Generally Accepted Accounting Principles (GAAP) has specified goodwill as an umbrella concept consisting of unidentifiable intangible assets and should not include those Intellectual 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 give a copyright holder the exclusive right to control reproduction or adaptation of such works for a certain period of time (historically a period of between 10 and 30 years depending on jurisdiction.

Designs- The designs entitled to protection are new and original designs having aesthetic value which have not been previously known or published in India or elsewhere.

Rights that different IP assets protect

6 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 of trade that enables the purchasing public to distinguish one traders goods from similar goods of other traders

The purpose of Brand is: To uniquely identify a company and its product. To differentiate them from competitor. To enhance the perceived value, the quality and satisfaction that a customer experiences. attachment. Above all brand is supposed to inspire trust. Trust failure can lead to brand failure and brand failure can be fatal.

Patents- is the grant of a monopoly right to an inventor who has used his 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 to prevent others from practicing the invention without a license from the inventor for a certain period of time (typically 20 years from the filing date of a patent application)

Rights that different IP assets protect

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 of business, public disclosure of which may sometimes be illegal

Copyright

Trade-Marks

9Different 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 IndicationsOf Goods Act, 1999

The Trade Marks Act, 1999

Semi conductor IC layout

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 was published)

Broadcast reproduction right-(25 years from the beginning of the calendar year next following the year in which the broadcast is made.)

Industrial designs (10 years+ renewal permitted once for 5 years )

Trade-secrets and know how collectively proprietary technology.

10

Its creation is both time and cost intensive 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 additional

profits to an organization

11

Why are IP assets important ?

12

IP adds value at every stage of the innovation and commercialization

process

Literary / artisticcreation

Invention

Financing Product Design

CommercializationMarketing

Licensing

Exporting

Patents / Utility Models

Copyright

Industrial DesignsTrademarks

Trademarks, Ind. Designs,

Geo. Indications All IP rights

All IP rights

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 distribute

copies Perform and display copyrighted work To prepare derivatives of a copyrighted

work.

13

Types of Copyright Infringement

14

Direct Infringement

Contributory Infringement

Vicarious Infringement

It is wholesale reproduction and distribution of Copyrighted works

It occurs when someone knowingly encourages infringing activity

When for financial benefit the operator in spite of his ability to control and check infringements deliberately restrains from checking the users from committing such acts-

Dilution is a trademark law concept forbidding the use of a famous trademark in a way that would lessen its uniqueness.

trademark dilution involves an unauthorized use of another's trademark on products that do not compete with, and have little connection with, those of the trademark owner.

A trademark is diluted when the use of similar or identical trademarks in other non-competing markets means that the trademark in and of itself will lose its capacity to signify a single source.

15

Dilution

Legal remedies-Copyright infringements

16

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

Copyright Infringement

17

Relief

Civil Remedies: Injunction Damages Account of profit Delivery of infringing copies Damages for conversion

Criminal Remedies: Imprisonment of the accused or

imposition of fine or both Seizure of infringing copies.

Copyright Infringement (Contd.)

18

Relief

Administrative remedies: Administrative remedies

consist of moving the Registrar of Copyrights to ban the import of infringement is by way of such importation and the delivery of the confiscated infringing copies to the owner of the copyright and seeking the delivery.

Geographical Indications of Goods - Infringement

19

Relief

In case false geographical indication is established, it carries penalty with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but may extend to two lakh rupees.

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 high

court having original civil jurisdiction

20

Design Infringement

21

Relief

The judicial remedy for infringement of a registered design recommended in the Act is damages along with an injunction. Section 22(2) stipulates remedy in the form of payment of a certain sum of money by the person who pirates a registered design. A suit in the appropriate manner for seeking the relief in the form of an injunction is also recommended.

Intellectual Property RightsINTRODUCTION TO INTELLECTUAL PROPERTY RIGHTS (IPR)Slide 3Classification of IPRSlide 5Slide 6Slide 7Slide 8Slide 9IP- Duration of Term of ProtectionSlide 11Slide 125 Exclusive Rights of a Copyright ownershipTypes of Copyright InfringementSlide 15Legal remedies-Copyright infringementsCopyright InfringementCopyright Infringement (Contd.)Geographical Indications of Goods - InfringementLegal remedies for infringement of PatentDesign Infringement