Intellectual property

rights
- Mayank Gupta, 11 I
 TABLE OF CONTENTS

01 02 03
Introductio Know your
Patents?
n rights
Get to know about More about
Get a brief insight
WIPO and Intellectual Property
to patents
Intellectual Property and your rights
 TABLE OF CONTENTS

04 05 06
Trademar Copyright Infringeme
ks s and laws nt
Know more about how
Gain knowledge you can protect your
Judicial side
about trademarks property through
copyrights
 TABLE OF CONTENTS

7 8 9
questions Conclusio Thank
n you
Audience participation
 WIPO
• WIPO was established as a special UN
agency the WIPO Convention in 1967.
• It is the global forum for
intellectual property (IP) services, policy,
information and cooperation.
• It is a self-funding agency of the
United Nations, with 193 member states.
• Its mission is to lead the development of
a balanced and effective international IP
system that enables innovation and
creativity for the benefit of all.
 Wipo provides
A policy
Cooperation
forum and capacity-building
To shape balanced programs to enable all
international IP countries to use IP for
rules economic, social and
cultural development;
Global Technical
services infrastructure
To protect IP
across borders and To connect IP
resolve disputes systems and share
knowledge
What is
Intellectual
Property?
Intellectual property (IP) refers to
creations of the mind, such as
inventions; literary and artistic works;
designs; and symbols, names and
images used in commerce.
IP is protected in law by, for example, patents, copyright and trademarks, which enable
people to earn recognition or financial benefit from what they invent or create. By
striking the right balance between the interests of innovators and the wider public
interest, the IP system aims to foster an environment in which creativity and innovation
can flourish.
Intellectual property
Rights
Intellectual property rights as a collective term
Rights which can be used for protecting includes the following independent IP rights:
different aspects of an inventive work • Patents
for multiple protection. Outlined in • Copyrights
Article 27 of the Universal Declaration • Trademarks
of Human Rights. IPR are largely • Registered ( industrial) design
territorial rights except copyright, which • Geographical indications
is global in nature. IPR can be assigned, • Protection of undisclosed information
gifted, sold and licensed like any other
property.
 Patents
An exclusive right granted by a country to the
owner of an invention to make, use,
manufacture and market the invention. The
patent right is territorial in nature. Patents
provide incentives to individuals by recognizing
their creativity & these incentives encourage
innovation. It is covered under the Patents Act,
1970 (No. 39 of 1970) as amended by the
Patents (Amendment) Act, 2005
Trademarks
A trademark (also written trade
mark or trade-mark) is a type of
intellectual property consisting of a
recognizable sign, design, or
expression which identifies
products or services of a particular
source from those of others,
although trademarks used to
identify services are usually called
service marks.
 Copyrights
The Copyright Act, 1957 (the ‘Act’) came into effect
from January 1958. The Act has been amended five
times since then, i.e., in 1983, 1984, 1992, 1994, 1999
and 2012. The Copyright (Amendment) Act, 2012 is the
most substantial.
 Continued…
The main reasons for amendments to the Copyright
Act, 1957 include to bring the Act in conformity
with two WIPO internet treaties concluded in 1996
namely, the WIPO Copyright Treaty (“WCT”) and
WIPO Performances and Phonograms Treaty
(“WPPT”); to protect the Music and Film Industry
and address its concerns; to address the concerns
of the physically disabled and to protect the
interests of the author of any work; Incidental
changes; to remove operational facilities; and
enforcement of rights.
Infringement and
punishments
The Judicial Side
 Infringement
Any reproduction, use , distribution,
performance, etc. of the work without the
permission of the owner is known as copyright
infringement. An identical or substantial similar
reproduction is also covered.
A suit can lie in the District or High court ,• It
may issue an injunction either to prevent the
infringer from any further use & award damages
to the patent owner or will pay the patent owner
royalties for further use.
 Audience
participation
• Do you think that scientific
knowledge should also be
patented and why?
• Do you believe its morally
correct to infringe copright?
THANKS
!