Intellectual Property Rights

Unit-1:
Introduction to Intellectual Property
and IPR
 Types of Property
1) Physical Property
2) Intellectual Property
Intellectual Property Vs. Physical Property
Types of Property
 Concept of Property Rights
• Property rights define the theoretical and legal ownership of resources and
how they can be used. These resources can be both tangible or intangible
and can be owned by individuals, businesses, and governments.
• Property is secured by laws that are clearly defined and enforced by the
state. These laws define ownership and any associated benefits that come
with holding the property. The term property is very expansive, though the
legal protection for certain kinds of property varies between jurisdictions.
• Property is generally owned by individuals or a small group of people. The
rights of property ownership can be extended by using patents and
copyrights to protect:
– Scarce physical resources such as houses, cars, books, and cellphones
– Non-human creatures like dogs, cats, horses or birds
– Intellectual property such as inventions, ideas, or words
• Other types of property, such as communal or government property, are
legally owned by well-defined groups. These are typically deemed public
property. Ownership is enforced by individuals in positions of political or
cultural power.
• Property rights give the owner or right holder the ability to do with the
property what they choose. That includes holding on to it, selling or renting
it out for profit, or transferring it to another party.
Types of Property Rights
Intellectual Property Rights (IPR) and its
evolution
Intellectual Property Rights (IPR) and its evolution
Intellectual Property Rights (IPR) and its evolution
 Need for IPR
• Every creation requires time, energy and effort.
• The time involved varies greatly between projects.
It may vary from a few minutes to a few years. In
addition, any creative work also requires certain
amount of real capital and of course the education
or knowledge.
• All these things add up to a huge investment on the
part of any creative professional. Thus, it is
necessary to recognize and respect the intellectual
creations of a creator and protect it.
 What is an IPR ? Its Importance.
• Intellectual Property Rights are legally recognized
exclusive rights to creations of the mind, which
result from intellectual activity in industrial,
scientific, literary & artistic fields.
• These rights Safeguard creators and other
producers of intellectual goods & services by
granting them certain time-limited rights to control
their use.
• Protected IP rights like other property can be a
matter of trade, which can be owned, sold or
bought. These are intangible and non-exhausted
consumption.
 Importance of Intellectual Property
• Under these rights, like any other form of a conventional
property, intellectual property can be bought, sold, licensed
or exchanged.
• Under intellectual property law, owners are granted certain
exclusive rights to a variety of intangible assets, such as
musical, literary, and artistic works; discoveries and
inventions; words, phrases, symbols and designs.
• These laws protect the legal rights of creators and owners, in
relation to intellectual creativity. IPR is a prerequisite for
better identification, planning, commercialization, rendering
and thereby protection of invention or creativity.
• The objective of intellectual property law is to grant incentive
to the creator of a work. Inventive activity is supposed to
result in innovation, which further leads to technological
advancement, industrial development and economic welfare.
Importance of Intellectual Property
 Relevance of IPR in today’s time
• Today’s world is Knowledge Economy
• Pay will not only dependent on Physical labour, but
also on Intellectual labour
• Knowledge worker (Paid for their Time &
Intellectual capabilities)
• IPR is associated with any profession you choose
today
 Types of IPR
• Patents
• Trademarks
• Copyrights and related rights
• Trade Secrets
• Geographical Indications
• Industrial Designs
• Layout Design for Integrated Circuits
• Protection of New Plant Variety
International Instruments concerning
Intellectual Property Rights
Domestic Instruments concerning
Intellectual Property Rights
 National IPR policy 2016
• On 24th October 2014, Govt. of India through Department of
Industrial Policy & Promotion(DIPP)constituted an IPR Think
Tank to draft the National Intellectual Property Rights Policy
and to advice DIPP on IPR issues.
• This Think Tank submitted the Draft National IPR Policy of India
to Govt. on 24 December 2014. This Draft National IPR Policy of
India was kept open for public discussion and comments till 30
January 2015. based on input received, Think tank submitted
final policy document to Govt. of India.
• After reviewing and making necessary changes, the Union
Cabinet approved the National IPR Policy of India on 12 May
2016 with the aim of lying down the future roadmap for all the
IPRs and its administration in India.
 National IPR policy 2016
• Vision Statement: An India where creativity and innovation are
stimulated by IP for the benefit of all; an India where IP
promotes advancement in science and technology, arts and
culture, traditional knowledge and biodiversity resources; an
India where knowledge is the main driver of development, and
knowledge owned is transformed into knowledge shared.
• Mission Statement: Stimulate a dynamic, vibrant and balanced
IPR system in India to:
1. Foster Creativity and innovation and thereby promote
entrepreneurship and enhance socio-economic and
cultural development; and
2. Focus on enhancing access to healthcare, food security and
environmental protection among other sectors of vital
social, economic, and technological importance.
 Objectives of National IPR policy 2016
• The Policy lays down the following seven Objectives:
1. IPR Awareness: Outreach and Promotion
2. Generation of IPRs
3. Legal and Legislative Framework
4. Administration and Management
5. Commercialization of IPRs
6. Enforcement and Adjudication
7. Human Capital Development
 Salient Features of National IPR policy 2016
1. Cell for IPR Promotion and Management
2. Awareness Campaign
3. Intellectual Property Cells
4. Generation, Registration and Commercialization
5. Traditional Knowledge Digital Library
6. Cadre Management in Intellectual Property Offices
7. Access to Medicines
8. Piracy/Counterfeiting
9. Assistance to Smaller Firms
10. Judicial Awareness and Resolution of Intellectual Property
Disputes
11. Review
IPR Administration system in India
IPR Administration system in India
IPR Administration system in India
 Government of India Schemes in IPR
• Establishment of Centre of Excellence in Intellectual
Property
• Providing IP Facilitation Support to MeitY Societies and
Grantee Institutions
• Providing Financial Support to Startups and SMEs for
International Patent Filing through SIP-EIT Scheme
• IPR Awareness through Financial Support to Industry
Bodies and Academia
• Providing Help-Desk services For IPR
• Creation of IPR Awareness through Digital Media
 Steps towards promoting IPR in India
• In last few years, the GOI has taken many positive steps to
strengthen its IPR regime such as:
1. efforts to modernize its IP offices;
2. increase manpower;
3. use IT and technology in e-filing of applications;
4. deliver certificates of grant/registration of patent,
trademark and designs in digital format;
5. reduce the number of trademarks forms;
6. use video conferencing for hearing of IP applications;
7. create expedited examination procedures; and
8. spread awareness on IPR.
 International Instruments concerning
Intellectual Property Rights
1) https://www.wipo.int/treaties/en/ip/paris/summary_paris.html
2) https://www.wipo.int/treaties/en/ip/berne/summary_berne.html
3) https://www.wipo.int/madrid/en/
4) https://www.wipo.int/treaties/en/registration/madrid/summary_madrid_marks.
html
5) https://www.wipo.int/treaties/en/registration/hague/summary_hague.html
6) https://en.wikipedia.org/wiki/Universal_Copyright_Convention
7) https://www.wipo.int/treaties/en/ip/rome/summary_rome.html
8) https://www.wipo.int/treaties/en/convention/summary_wipo_convention.html
9) https://www.wipo.int/treaties/en/registration/pct/summary_pct.html
10) https://www.wipo.int/treaties/en/ip/phonograms/summary_phonograms.html
11) https://www.wipo.int/treaties/en/ip/tlt/summary_tlt.html
12) https://www.wto.org/english/tratop_e/trips_e/intel2_e.htm
13) https://www.wto.org/english/thewto_e/whatis_e/tif_e/fact1_e.htm
 Paris Convention for the Protection of Industrial
Property (1883)
• The Paris Convention applies to industrial property in
the widest sense, including patents, trademarks,
industrial designs, utility models, service marks, trade
names, geographical indications and the repression of
unfair competition.
• The substantive provisions of the Convention fall into
three main categories: national treatment, right of
priority, common rules.
• The Paris Convention, concluded in 1883, was revised
at Brussels in 1900, at Washington in 1911, at The
Hague in 1925, at London in 1934, at Lisbon in 1958
and at Stockholm in 1967, and was amended in 1979.
 Berne Convention for the Protection of Literary and
Artistic Works (1886)
• The Berne Convention deals with the protection of works
and the rights of their authors. It is based on three basic
principles and contains a series of provisions determining
the minimum protection to be granted, as well as special
provisions available to developing countries that want to
make use of them.
Madrid System: The International Trademark System
• The Madrid System is a convenient and cost-effective
solution for registering and managing trademarks
worldwide. File a single international trademark application
and pay one set of fees to apply for protection in up to 130
countries. Modify, renew or expand your global trademark
portfolio through one centralized system.
• You can use the Madrid System if you are a national of – or
have a domicile or business in – any of the 130 countries
covered by the Madrid System's 114 members.
• The Madrid System supports you throughout the lifecycle
of your trademark, from application through to renewal.
 Hague Agreement Concerning the International
Registration of Industrial Designs (1925)
• Two Acts of the Hague Agreement are currently in operation – the
1999 Act and the 1960 Act. In September 2009, it was decided to
freeze the application of the 1934 Act of the Hague Agreement, thus
simplifying and streamlining overall administration of the
international design registration system.
• An international design registration may be obtained only by a
natural person or legal entity having a connection – through
establishment, domicile, nationality or, under the 1999 Act, habitual
residence – with a Contracting Party to either of the two Acts.
• The Hague Agreement allows applicants to register an industrial
design by filing a single application with the International Bureau of
WIPO, enabling design owners to protect their designs with minimum
formalities in multiple countries or regions. The Hague Agreement
also simplifies the management of an industrial design registration,
since it is possible to record subsequent changes and to renew the
international registration through a single procedural step.
 Universal Copyright Convention (UCC)-1952
• The Universal Copyright Convention (UCC), adopted in Geneva, Switzerland, in
1952, is one of the two principal international conventions protecting copyright;
the other is the Berne Convention.
• The UCC was developed by the United Nations Educational, Scientific and Cultural
Organization (UNESCO) as an alternative to the Berne Convention for those states
that disagreed with aspects of the Berne Convention but still wished to participate
in some form of multilateral copyright protection. These states included developing
countries as well as the United States and most of Latin America. The developing
countries thought that the strong copyright protections granted by the Berne
Convention overly benefited Western, developed, copyright-exporting nations;
whereas the United States and Latin America were already members of the Buenos
Aires Convention, a Pan-American copyright convention that was weaker than the
Berne Convention. The Berne Convention states also became party to the UCC, so
that their copyrights would exist in non-Berne convention states.
• The United States only provided copyright protection for a fixed renewable term,
and required that, for a work to be copyrighted, it must contain a copyright notice
and be registered at the Copyright Office. The Berne Convention, on the other
hand, provided for copyright protection for a single term based on the life of the
author, and did not require registration or the inclusion of a copyright notice for
copyright to exist. Thus the United States would have to make several major
modifications to its copyright law to become a party to the Berne Convention.
 Rome Convention for the Protection of Performers, Producers of
Phonograms and Broadcasting Organisations (1961)
• The Rome Convention secures protection in performances for performers, in phonograms
for producers of phonograms and in broadcasts for broadcasting organizations.
(1) Performers (actors, singers, musicians, dancers and those who perform literary or
artistic works) are protected against certain acts to which they have not consented, such as
the broadcasting and communication to the public of a live performance; the fixation of the
live performance; the reproduction of the fixation if the original fixation was made without
the performer's consent or if the reproduction was made for purposes different from those
for which consent was given.
(2) Producers of phonograms have the right to authorize or prohibit the direct or indirect
reproduction of their phonograms. In the Rome Convention, “phonograms” means any
exclusively aural fixation of sounds of a performance or of other sounds. Where a
phonogram published for commercial purposes gives rise to secondary uses (such as
broadcasting or communication to the public in any form), a single equitable remuneration
must be paid by the user to the performers, to the producers of the phonograms, or to
both. Contracting States are free, however, not to apply this rule or to limit its application.
(3) Broadcasting organizations have the right to authorize or prohibit certain acts, namely
the rebroadcasting of their broadcasts; the fixation of their broadcasts; the reproduction of
such fixations; the communication to the public of their television broadcasts if such
communication is made in places accessible to the public against payment of an entrance
fee.
Convention Establishing the World Intellectual Property Organization
(WIPO Convention) (1967)
•The WIPO Convention, the constituent instrument of the World
Intellectual Property Organization (WIPO), was signed at Stockholm on
July 14, 1967, entered into force in 1970 and was amended in 1979.
WIPO is an intergovernmental organization that became in 1974 one of
the specialized agencies of the United Nations system of organizations.
•The origins of WIPO go back to 1883 and 1886 when the Paris
Convention for the Protection of Industrial Property and the Berne
Convention for the Protection of Literary and Artistic Works,
respectively, were concluded. Both Conventions provided for the
establishment of an "International Bureau". The two bureaus were
united in 1893 and, in 1970, were replaced by the World Intellectual
Property Organization, by virtue of the WIPO Convention.
•WIPO's two main objectives are (i) to promote the protection of
intellectual property worldwide; and (ii) to ensure administrative
cooperation among the intellectual property Unions established by the
treaties that WIPO administers.
Convention Establishing the World Intellectual Property Organization
(WIPO Convention) (1967)
•In order to attain these objectives, WIPO, in addition to performing the
administrative tasks of the Unions, undertakes a number of activities,
including: (i) normative activities, involving the setting of norms and
standards for the protection and enforcement of intellectual property
rights through the conclusion of international treaties;
(ii) program activities, involving legal and technical assistance to States
in the field of intellectual property;
(iii) international classification and standardization activities, involving
cooperation among industrial property offices concerning patent,
trademark and industrial design documentation; and
(iv) registration and filing activities, involving services related to
international applications for patents for inventions and for the
registration of marks and industrial designs.
 Patent Cooperation Treaty (PCT) (1970)
•The Patent Cooperation Treaty (PCT) makes it possible to seek patent
protection for an invention simultaneously in each of a large number of
countries by filing an "international" patent application. Such an
application may be filed by anyone who is a national or resident of a
PCT Contracting State. It may generally be filed with the national patent
office of the Contracting State of which the applicant is a national or
resident or, at the applicant's option, with the International Bureau of
WIPO in Geneva.
•The Treaty regulates in detail the formal requirements with which
international applications must comply.
•Filing a PCT application has the effect of automatically designating all
Contracting States bound by the PCT on the international filing date.
The effect of the international application is the same in each
designated State as if a national patent application had been filed with
the national patent office of that State.
Geneva Convention for the Protection of Producers of Phonograms
Against Unauthorized Duplication of their Phonograms (1971)
•The Phonograms or Geneva Convention provides for the obligation of each
Contracting State to protect a producer of phonograms who is a national of
another Contracting State against the making of duplicates without that
producer's consent; against the importation of such duplicates, where the
making or importation is for the purpose of distribution to the public; and
against the distribution of such duplicates to the public.
•"Phonogram" means an exclusively aural fixation (that is, it does not
comprise, for example, the sound tracks of films or videocassettes), whatever
its form (disc, tape, etc.). Protection may be provided under copyright law, sui
generis (related rights) law, unfair competition law or penal law. Protection
must last for at least 20 years from the date of first fixation or the first
publication of the phonogram. (However, national laws increasingly provide
for a 50-year term of protection.) The Convention permits the same
limitations as those provided in relation to the protection of authors. It allows
non-voluntary licenses if reproduction is intended exclusively for teaching or
scientific research, limited to the territory of the State whose authorities give
the license, and if equitable remuneration is provided (Article 6).