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By Prof. Dipak V. Shirbhate Lecturer, Department of Production Engineering, VJTI,Matunga,Mumbai-19 www.vjti.ac.in
Intellectual Property Rights
Introduction The Concept of Intellectual Property Different Types of IP Rationale behind Intellectual Property Balancing the Rights of Owner & Society Enforcement of IPR Issues before us regarding IPR
Tuesday, August 18, 2009
What is Intellectual Property ?
Design ? Piece of Art ? Book ? Film ? Invention or Formula ? Or just an idea? Any thing created by man’s Ingenuity, Knowledge & Skill besides labor and capital.
Tuesday, August 18, 2009
Concept of Property
Lay mind : Some material object belonging to a particular person. Concept of Ownership is critical to Concept of Property. Ownership: Right to Possess, Use & Dispose at the desire of the owner & to exclude others. Society recognition is must. Legal Definition : Bundle of rights that the law confers on a person (s) by virtue of ownership and possession of an object.
Tuesday, August 18, 2009
IP is a dynamic area while corporeal property is a static one. Tuesday.Mumbai-19 5 . Innovation etc…referred to as Incorporeal Property Intellectual Property is Incorporeal Property and it derives its value from ideas. Idea.Building etc… referred to as Corporeal Property Intangible : Copyright.Types of Property Two types : Tangible & Intangible Tangible: Land . August 18. 2009 VJTI.
2009 VJTI. Industrial Designs . Copyright : Rights relating to creation of human mind in the fields of Literature. Trade Marks. Art and AudioVisual works (Related Rights & Neighboring Rights) Tuesday. August 18. Geographical Indication & Appellation of Origin.Classification of IP IP is generally divided into two categories a) Industrial Property b) Copyright Industrial Property : Rights relating to Inventions. Music.Mumbai-19 6 .
Seven types of IP TRIPS Agreement of the WTO recognizes seven types of Intellectual Property Rights 1.Patents 6.Industrial Designs 5.Trade Marks. Trade Names. 2009 VJTI.Copyright & Related/Neighboring Rights 2.Mumbai-19 7 .Undisclosed Information TRIPS : Trade Related Aspects Of Intellectual Property Rights WTO : World Trade Organization Tuesday.Geographical Indications 4. Service Marks 3.Layout Designs of Integrated Circuits 7. August 18.
literary musical.Mumbai-19 8 Tuesday. adaptation and translation of work VJTI. communication to the public.Copyright Copyright is granted for original. August 18.artists and filmmakers It includes rights of reproduction. composers. playwrites. 2009 . artistic or audiovisual works The creations of authors.
Copyright subsists the work which is the creation of idea(s).it is not the idea(s) which is protected by copyright. Although originality in expression is a requirement for copyright. 2009 .continued……….but merely the expression of the idea in the work Example : Painting/Sunset Research Paper Subject VJTI.Mumbai-19 9 Tuesday. August 18. the quality of work is not an issue at all.
Trade Marks/Names/Service Marks Trade Marks & Service Marks : Distinctive Symbols of the company Trade Names :Name of the enterprise that individualizes the name of the company Both are protected as IP Trade Mark to be Distinctive not Deceptive No requirement in law for Quality Standard Tuesday. August 18.Mumbai-19 10 . 2009 VJTI.
August 18.Geographical Indications (GI) It is a sign used on goods that have a specific geographical origin & possesses qualities /reputation solely attributed to place of origin and is protected as IP A GI is different from a Trade Mark GI – All producers producing in designated place can use IPR.Mumbai-19 11 .Distinguishes Product/Services of enterprise from others and exclude others from using the trade mark Tuesday. 2009 VJTI. It also denotes indication of source & appellation of origin Trade Mark.
2009 .Mumbai-19 12 Tuesday. August 18.Industrial Design The ornamental or aesthetic aspect of an article Serves as a tool for product differentiation Attracts customers by enhanced visual appeal and become IP to be protected Applied to wide range of products from industry or handicraft VJTI.
using or selling the patented product or from using the patented process. August 18.Mumbai-19 13 . 2009 VJTI. involve an Inventive step and are capable of Industrial Application Aim : Rewarding Intellectual Creativity for encouraging economic and technological development Tuesday. Under the TRIPS Agreement of the WTO inventions in all fields of Technology Products or Processes are patentable if they meet the criteria of Novelty. without due permission.Patent A Patent is a statutory right granted for a limited period to an inventor in respect of an invention to exclude any other person from manufacturing.
Criteria – Original-No Monopoly Right Tuesday.Layout Designs-Integrated Circuits Layout Designs topography) of integrated circuits is relatively new area in IP Has appeared with computer technology The programming instructions on a computer chip are implemented through a circuitry printed on semiconductor materials. The design of circuitry on the chip requires great investments of knowledge. Protected as IP against copying but improved design by reverse engineering is regarded as fair. skills and capital and therefore needs to be protected as IP.Mumbai-19 14 . 2009 VJTI. August 18.
Tuesday. 2009 VJTI. August 18.Mumbai-19 15 .Undisclosed Information Undisclosed Information gets recognition as a kind of IP to be protected under TRIPS It virtually restricts honest practices to protection of trade secrets.
Mumbai-19 16 Tuesday.The provision of the Global IP regime to ensure economic returns and safeguarding interests of all concerned. 2. 2009 .Creative activity culminating in IP can be increased by encouragement but not in adequate quantity without economic incentives. 3. VJTI.Adequate Economic Benefits as just rewards for creation of IP through grant of Monopoly Rights even if for limited period.Rationale behind IPR IPRs are based on three premises : 1. August 18.
2009 . Role of State & purpose of Law : Harmonize conflicting claims and achieve balance.Mumbai-19 17 Tuesday. August 18. VJTI.Balancing the Rights of Owner & Society There can be no absolute rights in IP because all individual rights are subject to the recognition of the rights of other individuals and the rights of the society.
it is no more a fundamental right VJTI. August 18. Protection of Individual Property is important but it is equally important in a democratic polity that the State creates condition and necessary structure for wide spread access to opportunities Balancing responsibility of the State reflected in the Indian Law Private Property is strongly respected and legally protected.Mumbai-19 18 Tuesday. 2009 .
Copyright. Trade Marks & Merchandise. 2009 The constitution of India under entry 49 of Union list of matters mentions about Patents. August 18. Designs.but it makes no specific reference to IP However IP as a form of property can be put under Article 300A dealing with property and be entitled to a legal right. Inventions. VJTI.Mumbai-19 19 .IP & Constitution of India Tuesday.
Mumbai-19 20 Tuesday. The Hon’ble Courts have zealously upheld this fundamental freedom. August 18. especially the Copyright and the constitutionally guaranteed freedom of speech and expression.However such challenge has not yet been mounted. 2009 . VJTI. Experts have indicated towards the possible conflicts between IP.
Mumbai-19 21 Tuesday. However the TRIPS agreement leaves some room to deal with various issues at national level such as definition of an invention. VJTI. August 18.Enforcement of IPR India and the TRIPS Agreement : India has to a large extent complied with its obligations under TRIPS through a series of amendments to its existing laws and through new legislations. exception to exclusive rights. compulsory licenses and others. 2009 .
1999 2. The Designs Act. The Geographical Indication of Goods (Registration & Protection) Act. 1999 6. Tuesday. 1999 7. August 18.Mumbai-19 22 . 1999 All issues regarding IPR in India are governed by these legislations 1.New Legislations/Amendments to Existing Legislations The Trade Marks Act. 2001 4. 1957 together with International Copyright Order. 2002 8. 2009 VJTI. The Copyright Act. The Semiconductor Integrated Circuits Layout Designs Bill. The Patents Act 1970. 2000 3.as amended by Patents (Amendment) Act. The Protection of Plant Varieties and Farmer’s Rights Act.
Issues before Us What is a patentable Invention ? “A new product or process involving an inventive step and capable of industrial application” What is not patentable ? Tuesday. 2009 VJTI. August 18.Mumbai-19 23 .
2009 VJTI.Mumbai-19 24 .Procedure for Obtaining Patent Who can apply ? A person claiming to be the true and first inventor of an invention Filing a Patent Application: Only one application is filed for one invention along with provisional or complete specification Tuesday. August 18.
August 18.Mumbai-19 25 . 2009 VJTI.The Specification must contain : Title. sufficiently indicating the subject matter Relevant drawings/graphics Full & particular description of invention Details of its operation or use and the method by which it is to be performed Disclosure of the best method of performing the invention Claims defining the scope of the invention substantiated by the disclosure Abstract providing technical information Declaration as to the inventiorship of the invention Tuesday.
4.Mumbai-19 26 . Prior Applications Patents Already Granted Already Published or Claimed Any objection raised by the examiner are to be removed by applicant within 12 months. August 18.Search for anticipation by previous publication and by prior claim The search requires investigation for 3. 2009 VJTI. Tuesday. 5.
2009 . VJTI. the applicant enjoys the privileges and rights as if a patent had been sealed on the date of advertisement except the right of infringement.Mumbai-19 27 Tuesday.Acceptance & Advertisement Controller of Patents notifies it to the applicant and also advertises it in the Official Gazette for public inspection From date of advertisement to the date of sealing the patent. August 18.
2009 VJTI.Opposition to the grant of Patent 2. 4.Mumbai-19 28 . 3. 5. August 18. Notice to Controller within 4 months from the date of advertisement on following grounds : Wrongfully obtained by the inventor Anticipated in a specification filed for another patent earlier Publicly known in India before priority date of claim Not an invention within the meaning of the Act The information furnished is false Geographical origin is not disclosed or falsely disclosed Convention application not filed in India in prescribed time for the same invention in a convention country Tuesday. 7. 8. 6.
The patent so granted shall be sealed with the seal of the patent office and the date shall be entered in the register. VJTI.Mumbai-19 29 Tuesday. a patent shall be granted if the applicant makes a request within 6 months of advertisement. August 18. 2009 .Grant of Patent Where the application for a patent has been accepted without opposition or after disposing the opposition.
August 18.Mumbai-19 30 .Rights of Patent Right to exploit the patent Right to grant license etc Right to surrender Right to sue for infringement LIMITATIONS : Purposes of Government For imparting instructions to pupils Medicine or Drug imported by the Government for its use in hospital. medical institute. 2009 VJTI. maintained by or on behalf of the Government. Tuesday. Lab.
August 18.( Patent Search) Tuesday.Difficulties Primarily Faced in Creation of IPR in Academic & Research Institute: 1. Lack of knowledge regarding the novelty/innovation of a research work persuade by a scholar with respect to its suitability for creation of IPR. 2009 VJTI.Mumbai-19 31 .
2009 VJTI.Mumbai-19 32 . To conceive the part or phases of any developmental work justifying its novelty/innovation. August 18.2. in Tuesday. Absence of systematic planning and organizing of a research programme reference to filing of patent.
publication etc. without harming the interest of the work with respect to its right for IP. level of technicality and extent of experience /data that can be disclosed or made public by lecturing. Tuesday. Absence of knowledge regarding the disclosure of invention to of inventor. August 18.3. 2009 VJTI. Lack of idea regarding the type of information.Mumbai-19 33 .ship/creatorship timely register the right 4.
Poor knowledge of preparation of technical and legal write-up of a work to justifying its suitability to register as IPR prior to the legal consideration. August 18.Mumbai-19 34 .5. Tuesday. Non availability of legal staff / cell in most of the academic institutes to prepare and plead the case of IPR. 6. 2009 VJTI.
August 18. Attitude and Culture for creation of IP Tuesday.Immediate measures to be taken : Activation of the system for Development of Awareness. 2009 VJTI.Mumbai-19 35 .
Mumbai-19 36 Tuesday. labor and skill. The intellectual property thus vests in a creation of human mind involving knowledge. August 18. 2009 . It is the result of sustained intellectual application and efforts by inventors/authors/artists Powerful factor of production and wealth generation Significant competitive advantage over rivals in the trade and industry VJTI.
2009 VJTI. Tuesday.Moser Baer story Moser Baer Entertainment who was the leading manufacturers of blank DVDs and VCD’s recently entered the market by selling quality DVD in regional languages at an affordable price.Mumbai-19 37 . August 18.
UFO MOVIES INDIA LIMITED Tuesday. 2009 VJTI. August 18.Mumbai-19 38 .
Mumbai-19 NATION Savings of foreign Exchange in importing film stock Increase in cinema collections means increased entertainment tax revenues Good quality prints shall result in increased collection Curb on piracy will increase cinema collection Encourages film production and enchances revenue potential Encourages film production and enchances revenue potential Production of more films will increase cinema collections 39 Promoters Niche Cinema Promotes regional specific films Lower Break Even Point Tuesday. August 18.ADVANTAGES BENEFITS Savings in Print Cost Wide Release of Film Durability of Media Curb on Piracy AUDIENCE No increase in Ticket costs Audience in C and D centers will get access to new releases on day of release Good and uniform viewing experience Access to good quality theatre viewing in the early part of a films life Provides access to newer variety of cinema Provider access to newer variety of cinema Encourages producers to make good and meaningful cinema VJTI. 2009 .
August 18. Tuesday. and may have slightly lower quality paper. 2009 VJTI.Mumbai-19 40 .Eastern Economy edition Eastern Economy Edition: This is a type of International Edition which is usually printed in black and white or reduced color.
Mumbai-19 41 .India Patents Yoga Poses From Western Thefts Tuesday. August 18. 2009 VJTI.
August 18.Mumbai-19 42 . since 1930. 2009 VJTI. to extend the science of ayurveda to produce scientifically verified herbal solutions.Himalaya: Heritage sells only if packaged well The Himalaya Drug Company. Tuesday. has blended ayurvedic expertise with modern medical research methodology.
August 18.THANK YOU Tuesday.Mumbai-19 43 . 2009 VJTI.
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