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Published by Bikramjit Singh

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Published by: Bikramjit Singh on Jan 26, 2011
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Intellectual Property Rights



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.


Trademark & domain names Copyright Trade secrets Patent Categories of IP rights Utility model/Designs Geographical Indications Plant Breeder’s rights 3 .

Classification of IPR Intellectual Property IPR Broadcasting Patents Copyright Music Dramatics Works Literature Sound Recording Works of Art Trademarks Industrial Design Geographical Indications Computer Programs 4 .

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. movies. books. Copyright-. Copyright may subsist in creative and artistic works (e. 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. 5 .   Designs. paintings. photographs. music.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.g.Rights that different IP assets protect  Intellectual Property can be clearly distinguished from Goodwill.

• To enhance the perceived value. or a combination thereof used in the course of trade that enables the purchasing public to distinguish one trader’s goods from similar goods of other traders The purpose of Brand is: • To uniquely identify a company and its product. a device. a label or numeral etc. • To differentiate them from competitor.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. the quality and satisfaction that a customer experiences. Trust failure can lead to brand failure and brand failure can be fatal.   useful.is an identification symbol which may be a word.Rights that different IP assets protect  Trademarks. 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) 6 . and non-obvious invention. • Above all brand is supposed to inspire trust. attachment. Patents.

or a subset of. public disclosure of which may sometimes be illegal .Trade-Secret is sometimes either equated with. "confidential information") is secret. non-public information concerning the commercial practices or proprietary knowledge of business.

Copyright Trade-Marks .

1970 The Copyright Act. 2000 The Geographical Indications Of Goods Act.Different Acts governing IP assets The Trade Marks Act. 1957 The Designs Act. 2001 Semi conductor IC layout design Act. 1999 The Patents Act.2000 9 Trade Marks Patents Copyright Designs Geographical Indications Plant Varieties Semi conductor IC layout . 1999 The Protection of plant varieties and Farmers’ Right Act.

cinematographic film.Duration of Term of Protection        Patents (20 years) Trademarks (10 years + renewals) Copyrights in published literary.IP. dramatic. and artistic works (Lifetime of author +60 years). 10 .) Industrial designs (10 years+ renewal permitted once for 5 years ) Trade-secrets and know how collectively “proprietary technology. 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. musical. Copyright in photographs .

Why are IP assets important ?  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 .

Designs. Geo. Ind. Indications All IP rights Invention Financing Literary / artistic creation Product Design Commercialization Marketing Exporting Licensing Copyright All IP rights 12 .IP adds value at every stage of the innovation and commercialization process Patents / Utility Models Industrial Designs Trademarks Trademarks.

lease or otherwise distribute copies  Perform and display copyrighted work  To prepare derivatives of a copyrighted work. 13 . rent.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.

Types of Copyright Infringement It is wholesale reproduction and distribution of Copyrighted works Direct Infringement Contributory Infringement It occurs when someone knowingly encourages infringing activity Vicarious Infringement 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 acts14 .

trademark dilution involves an unauthorized use of another's trademark on products that do not compete with. 15   . and have little connection with. those of the trademark owner.Dilution  Dilution is a trademark law concept forbidding the use of a famous trademark in a way that would lessen its uniqueness. 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.

Civil remedies include injunction. delivery of infringing copies and damages for conversion.Legal remedies-Copyright infringements There are three types of remedies against copyright infringement Civil Criminal Administrative Sections 54 to 62 deals with civil remedies for infringement of copyright. Costs: The costs of all parties in any proceedings in respect of the infringement of copyright shall be at the discretion of the court. damages and accounts. 16 .

Copyright Infringement 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. 17 .

) 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.Copyright Infringement (Contd. 18 .

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.Geographical Indications of Goods .Infringement Relief In case false geographical indication is established. 19 .

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 The judicial remedy for infringement of a registered design recommended in the Act is damages along with an injunction. A suit in the appropriate manner for seeking the relief in the form of an injunction is also recommended. Relief 21 . Section 22(2) stipulates remedy in the form of payment of a certain sum of money by the person who pirates a registered design.

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