IPR plays a decisive role

GROUP

came into effect on 1 January 1995

The three main features of the Agreement are: Standards Enforcement Dispute settlement


CRITICISM

Copyright terms must extend to 50 years after the death of the author Copyright must be granted automatically, and not based upon any "formality" Computer programs must be regarded as "literary works" under copyright law and receive the same terms of protection. National exceptions to copyright are constrained by the Berne three-step test Patents must be granted in all "fields of technology," although exceptions for certain public interests are allowed and must be enforceable for at least 20 yrs Exceptions to exclusive rights must be limited, provided that a normal exploitation of the work (Art. 13) and normal exploitation of the patent (Art 30) is not in conflict. No unreasonable prejudice to the legitimate interests of the right holders of computer programs and patents is allowed. Legitimate interests of third parties have to be taken into account by patent rights (Art 30).

Legal concept that confers rights to owners and creators of the work Establishes an equilibrium by granting rights for limited duration of time Arises from Human Intellect Intangible form of property

Things covered under IPR  Industrial designs  Scientific discoveries  Protection against unfair competition  Literary, artistic and scientific works  Trademarks, service marks and commercial names and designations

Copyrights Patents Trademark Trade Secrets Geographical Indication Design Rights

Features

Exclusive Rights No protection to the facts & methods of operation Holder does not hold the rights by himself Granted for whole life of the author + 50/70 years

Indian Copyright Act, 1957

Protect the work of creator, transformed in a tangible form Facilitates the owner to reproduce/reuse his copyrighted items Includes art work, plays, movies, music, books, etc.

One can use, re-use, reproduce the copies and can sell the copies One can import or export whole or part of work One is free to create any derivative work One can sell or pass its rights to other person One can indulge in transmitting or displaying work by radio or video

Exclusionary rights given by the government to the inventor of product Rights for protecting person s invention, process, discovery, or composition Can be sold, mortgaged, licensed, transferred to a third party Patent doesn't give any exploitation rights to patent holder

Patent s Act 1970



Facilitate to establish the mail box system for filing patents and accords Patent term for 20 years Public Health Safeguards

 

What can be patented ?

Invention concerning with composition, construction, manufacture o Of a substance o Of an article, o Of an apparatus. o An industrial type of process

What cannot be patented ?

Any artistic creation o Mathematical methods o Business scheme o Anything prohibited by National Patent Laws
o

 

Patents assist in powering the research and development Allows and encourage disclose the innovations in public domain Allows companies to purely concentrate on manufacturing process Allows inventor to maintain monopoly

Uniquely classify the producers products and/or services among consumers Distinction of the products or services Grants rights to the owner to take legal proceedings incase of infringement Protects the looks and appearance of manufactured article

Advantages Provides the guarantee for the unchanged quality  Helps in creating and advertising the products and services in public  At the time of any infringement, the owner can take upon the case in the court


Trade Mark Act 1999

Defines the trademark as the signature, device, word, invented word, letter etc Trademark chosen should be capable of making a distinction between the goods or services of different people It should not be deceptively identical to the existing mark Only the trademark proprietor whose trademark has been registered can put the symbol into use Trademark is valid upto 10 years

Features
Provide effective protection for some technologies, proprietary knowledge Is not known by the public. Provides some financial sort of gain to its holder Unlike of patents there is no particular international treaty(s) for trade secrets

Benefits
Offer protection for an indefinite time period Offers monopoly in respect of any secret data and information  Edge over competition
 

Used in reference to the products corresponding to the particular geographical area GI grants the rights to its holder which acts as the certification mark Aimed towards identifying the source of the product Examples- Basmati Rice, Darjeeling Tea , Kanchipuram Sarees

Geographical Indications of Goods (Registration & Protection) Act, 1999  Emphasis on the obligations of the government for providing legal opportunities  Curbing misappropriate use of GI  Goods should possess unique characteristics attributed to its geographical origin  Validity of GI upto 10 years

Confers the rights of exclusivity to the visual designs of objects Safeguards the appearance, style, design of the industrial object

Designs Act 2000

     

Exclusionary rights of selling, importing and applying it to any product Design Act of India has adopted first to file system Design should be new, not previously published in any nation The proprietor should have their business center in India Registration of design is valid for the period of 10 years One can transfer the rights of the industrial designs to other person or party

Help in increasing commercial viability of product and marketability Helps in safeguarding the ornamental or aesthetic elements Rights to owner against unauthorized use like copying or imitation Helps in benefiting public by encouraging fair and effective competition Help in the overall economic development which promote creativity in the industrial arena

IPR can increase competitiveness by..

Acquisition and exploitation of technological innovation Preventing competitors from copying or closely imitating a company s products Obtaining access to new markets Acquiring venture capital and enhancing access to finance Enhancing the market value of a company Avoiding wasteful investment in R&D and Marketing Creating a corporate identity

Pantaloon vs Shopper s Stop & Lifestyle :

Pantaloon using the name of competitors in advertisement Infringement of trademark Loyalty card holders of shopper s stop lured by pantaloons Putting up of hoardings like Keep West-Aside, Shoppers! Stop, Change your Lifestyle.. Delhi High Court ruling to restrain Pantaloon & penalitise them

Trupti Mota (136) Shriya Phadte (140) Raghvendra Agarwal (107) Sahil Garg (154) Ayush Jain (123) Shray Jindal (127)