GEOGRAPHICAL INDICATIONSInstitution Name of

Paithani weaving

What is GI?

Name of Institution

Many goods possess their peculiar properties due to their geographical origin. GI is the best method to indicate the geographical origin of goods and services. Many agricultural products (tea, rice); dairy products (cheese), wines and spirits (Champagne) owe their special quality and reputation to their geographical place of growth or processing.

Protection of GI

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GI is not owned by a single owner Any producer in the region can use the GI on the product provided it is prepared by the norms set out for the use of that GI. GI is registered in the national register and is similar to the certification mark identifying the origin of the good. Govt. can register GI in the international register maintained by WIPO for world wide protection. It is an offence to use false GI on goods.

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Varanasi weavers get GI protection (01 November 2009)

The newest Geographical Indication (GI) certificate from India declares that henceforth only saris produced in Varanasi, Azamgarh, Chandauli, Jaunpur, Mirzapur and Sant Ravi Dass Nagar (Bhadohi) will be considered Benarsi saris. A GI certificate, which is granted by the Centre under the Geographical Indication of Goods (Registration and Protection) Act, 1999, is both a guarantee and protection. It guarantees that the product under consideration was produced in a specific geographical region or locality from where it draws its special characteristics.

Industrial Designs

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What are Industrial Designs?Name of Institution

The ornamental or aesthetic aspect of an article that enhances visual appeal and differentiates product. e.g. 3-D features of shape or surface as of a perfume bottle, 2-D patterns of lines, shapes and colours as on a bed sheet.

Criteria for Protection as ID Name of Institution

New and Original

Capable of mass production or application on an article of utility Not contrary to public order or morality
The shape should not be determined merely by the functionality of the good.

Comparison of ID against TM of Institution Name

ID Has to be integral part of product TM Is applied on the product but need not be embodied in it. Should be distinctive

Should be original and new but need not be distinctive

ID, Copyright, Patent

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If the article is not mass produced or the design can not be applied on a useful article, the design would be an aesthetic work, protectable under copyright.

Some engineering designs may be sufficiently innovative, protectable as a patent.

ID Protection

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Protects commercial exploitation of the design idea through products/articles that embody it or reproduce it and not the articles themselves.

Integrated Circuit Layout Designs Name of Institution

What is Layout Design? Name of Institution

Layout of transistors and other circuit elements, including lead wires connecting such elements and expressed in any manner in a semiconductor integrated circuit (IC).

Why to protect?

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IC Layouts are creations of human mind; There is lot of investment of time and money in the creation but copying is very cheap; Fertile area with new circuit designs made every day to cater for miniaturization and novel applications.

Trade Secret

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The best kept secret till date

Trade Secrets

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Some inventions, data, information cannot be protected by any of the available means of IPRs. Such information is held confidential as a trade secret. Trade secret can be an invention, idea, survey method, manufacturing process, experiment results, chemical formula, recipe, financial strategy, client database etc.

When Trade Secrets are preferred? of Institution Name

When invention is not patentable; Patent protection is limited to 20 years, when secret can be kept beyond that period; When cost of patent protection are prohibitive;

How to guard Trade Secret? of Institution Name

Restricting number of people having access to secret information Signing confidentiality agreements with business partners and employees Using protective techniques like digital data security tools and restricting entry into area where trade secret is worked or held National legislations provide protection in form of injunction and damages if secret information is illegally acquired or used.

Copyright

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Copyright

Name of Institution

Copyright protects literary and artistic works e.g. Books, lectures, dramatic and musical works, choreography, cinematography, drawings, paintings, architecture, sculpture, photographs, illustrations, maps, plans sketches etc. This is automatic right created with the creation of work and no registration is required

Rights covered under CR Name of Institution

Moral Rights : Authors right of paternity. Non-alienable. Economic Rights : Rights to exploit the work. e.g. Rights of translation, rights of performance, rights of reproduction etc. These rights can be transferred, assigned, licensed for economic benefits.

Who are the Authors?

Writer/writers of the book; Painter; Music composer; Translator; Cinematographer; Photographer etc.

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Duration of Protection

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For books and other works of arts it is 50 to 70 years after the death of the author (the laws of different countries vary); For photographic work 25 years from making the work; For cinematic works 50 years after making the work available to public.

Related Rights

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Emerging Issues in IPR

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Traditional Knowledge and Expression of Culture (Folklore) Biodiversity and Genetic Resources Electronic Commerce; Internet Domain Names; Protection of databases, software