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INTELLECTUAL PROPERTY RIGHTS.pdf

INTELLECTUAL PROPERTY RIGHTS.pdf

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INTELLECTUAL PROPERTY RIGHTS
INTELLECTUAL PROPERTY RIGHTS

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Published by: hitmaaaccount on Apr 16, 2013
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INTELLECTUAL PROPERTY RIGHTS
NOTES
1ANNA UNIVERSITY CHENNAI
UNIT I
INTRODUCTION TO INTELLECTUALPROPERTY
1.1 INTRODUCTION
Invention
 
is the process of devising and producing by independent investigation,experimentation, and mental activity something which is useful and which was not previouslyknown or existing. An invention involves such high order of mental activity that the inventoris usually acclaimed even if the invention is not a commercial success.
Inventiveness
is theformof creativity leading to invention.1
Creativity
 
is the ability to solve problems, create products or raise issues in a “domain”(e.g. cooking, engineering, law, music) that is initially novel but is eventually accepted inone or more cultural settings.
Innovation
,
which may or may not include invention, is the complex process of Introducing novel ideas into use or practice and includes entrepreneurship as an integralpart. Innovation is usually considered noteworthy only if it is a commercial success. Thussociety benefits from innovation, not from invention alone, and often there is a significantlapse of time from invention to innovation.
1.2 AN OVERVIEW OF INTELLECTUAL PROPERTY
Intellectual property rights are a bundle of exclusive rights over creations of the mind,both artistic and commercial. The former is covered by copyright laws, which protectcreative works, such as books, movies, music, paintings, photographs, and software, andgive the copyright holder exclusive right to control reproduction or adaptation of suchworks for a certain period of time. The second category is collectively known as industrial properties, as they aretypically created and used for industrial or commercial purposes. A patent may be grantedfor a new, useful, and non-obvious invention and gives the patent holder a right to preventothers from practicing the invention without a license fromthe inventor for a certain periodof time. A trademark is a distinctive sign which is used to prevent confusion among productsin the marketplace.
 
DBA 1761
NOTES
2ANNA UNIVERSITY CHENNAI
An industrial design right protects the form of appearance, style or design of an industrialobject from infringement. A trade secret is an item of non-public information concerningthe commercial practices or proprietary knowledge of a business. Public disclosure of trade secrets may sometimes be illegal.
KEY OBJECTIVES
After reading this chapter, you will be able to understand:
Introduction, Invention and Creativity to Intellectual Property Rights
Basic types of Intellectual property and its forms
Importance and protection of Intellectual Property Rights
An Overview of Intellectual Property Rights (IPR), Patents, Industrial Designs,Plant Varieties, copyrights, Trademarks, Geographical Indications.
1.3 IMPORTANCE- PROTECTION OF IPR
Intellectual property plays an important role in an increasingly broad range of areas,ranging from the Internet to healthcare to nearly all aspects of science and technology andliterature and the arts. Understanding the role of intellectual property in these areas manyof them still emerging often requires significant new research and study. To promote informeddiscussion of the intellectual property, education and awareness in this field is important. Today, possession of land, labor and capital are just not enough for a country tosucceed. Creativity and innovation are the new drivers of the world economy. The policiesadopted by a country shall determine the nations well being and further as to how it isdeveloping the trapped intellectual capital. An effective intellectual property system is thefoundation of such a strategy. Within knowledge-based, innovation-driven economies, theintellectual property system is a dynamic tool for wealth creation providing an incentive forenterprises and individuals to create and innovate; a fertile setting for the development of,and trade in, intellectual assets; and a stable environment for domestic and foreign investment.
1.4 IMPORTANCE OF INTELLECTUAL PROPERTY
Intellectual property protection is the key factor for economic growth and advancementin the high technology sector. They are good for business, benefit the public at large andact as catalysts for technical progress. Whether IPRs are a good or bad thing, the developedworld has come to an accommodation with them over a long period. Even if theirdisadvantages sometimes outweigh their advantages, by and large the developed worldhas the national economic strength and established legal mechanisms to overcome theproblems so caused. Insofar as their benefits outweigh their disadvantages, the developedworld has the wealth and infrastructure to take advantage of the opportunities provided. Itis likely that neither of these holds true for developing and least developed countries.(Extracts from Report on Commission on IPR London September 2002).
 
INTELLECTUAL PROPERTY RIGHTS
NOTES
3ANNA UNIVERSITY CHENNAI
Why care about IPR?
Patents benefit none other than the owner of the IP and add value to all industrial aswell as business concerns and laboratory discoveries and in doing so provide incentivesfor private sector investment into their development. Anyone in the above business shouldhave an independent Research and development (R&D) center. Offering free R&D andprocesses in over enthusiasm must be avoided.Globalization and the rapid proliferation of technology have elevated the importanceof intellectual property protection for small and medium sized enterprises (SMEs). Theintangible nature of intellectual property and the worldwide inconsistency of standardpractices create challenges for those businesses wishing to protect their inventions, brands,and business methods in foreign markets. The three most common vehicles for protectingintellectual property are patents, trademarks, and copyrights. The Biotechnology Industry Organization advocates a strong and effective intellectualproperty system. Strong intellectual property protection is essential to the success, and insome instances to the survival, of the biotechnology companies in this country. For thesecompanies, the patent system serves to encourage development of new medicines anddiagnostics for treatment and monitoring intractable diseases, and agricultural products tomeet global needs. While giving holistic interpretation to TRIPS agreement public healthshould be the prime consideration rather than merely protecting the interest of the companies.In the era of knowledge age or information age, the fundamental unit of most productsand services is information— in one or another form. Have you seen that n-number owebsites, virtual enterprises and virtual products? All these rest upon the cornerstone of information’: in digital or non-digital form. These have become the top IPR issues, thisInternet shall bring several new IPR issues to the fore. In several cases such information isof proprietary nature, hence, the investment in that information product, knowledge productor the virtual product must be protected to encourage other similar initiatives. With increasingworldwide access to electronic distribution, the damage caused by piracy to contentproducers may completely destroy the value built in their intellectual property. The same context is valid in the case of companies who have earned consumerrecognition for their brand names and trade marks. A recognized brand name or trademark represents the goodwill that has been built into the product or service. Consumerstend to associate the recognized brand name or trade mark with certain characteristics thatare specific to that name or mark. Therefore, companies should manage, protect andsafeguard the investment in the related intellectual property rights. Not only this, they shouldbe vigilant if anyone else is misusing or causing infringement of this Intellectual property. That is the crux of the intellectual property rights: to give credit where, and when, it isdue. With the emergence of the knowledge society and virtual products, the issue of safeguarding the investment in the information-based products has certainly gained high

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