Intellectual property rights lecture.it contain general introduction, meaning and components of IPR
- 1. INTELLECTUAL PROPERTY RIGHTS Dr. NIDHI B.A.LL.B,LL.M UGC-NET, Ph.D M.A Police Adm.
- 2. Meaning • Intellectual Property is the creative work of the human intellect. • Intellectual property is essentially a creation of mind, therefore, it is called intellectual property. • The right to intellectual property is an invisible/ intangible right to product of man’s brain, i.e; property of the mind. • According to Salmond, “the unnatural product of man’s brain may be as valuable as his hands and his goods. The law, therefore, gives him a proprietary right in it”.
- 3. Objectives • To Promote the progress of science and technology, arts, literature and other creative works. • To encourage and reward creativity. • To give statutory rights to the economic rights of the creator. • The right of the public to access these creations. • The economic and technological development of a nation.
- 5. Cont.. Patent Any invention which is novel and useful can be patented. it should be applied before launching the product. Copyright Any Literary Object i.e; Artwork, Poetry, Books, music can be copyrighted. It can be applied anytime. Trademark Any Symbol, Mark to describe the product and services can be protected It can be done before or after launching the mark. Industrial design Novel Ornamental or appearance of product It Should be applied before launching the product.
- 6. Cont..
- 7. Validity and Laws of IPR Sr No. IPR Maximum Time Period Renewal Act/Rule 1 Patent 20Yrs Every Year (Mandatory) The Patent Act, 1970 Amended in 2005 2 Trade Mark Lifelong After 10 yrs The Trade Marks Act, 1999 Amended in 2010 Amendment Rules , 2013 3 Design 15yrs After 10 yrs for next 5yrs The Design Act, 2000 Design Amendment Rules, 2014 4 Copyright 60yrs Note require The Copyright Act, 1957 Amended in 2012
- 8. Relation Between IPR • The logo Coca- Cola is an example for TRADE MARK. • Shape of the Bottle- an Industrial Design. • PATENT may have been obtained in respect of bottling equipment . • Copyright in respect of the text, database or artistic work appearing on its website. i.e; A single product can be protected by more than one IPR.
- 9. Cont...
- 10. Legal Remedies Against Infringement CIVIL CRIMINAL ADMINISTRATIVE a. Anton Pillar order(Search& Seizure) b. Injunction c. Damage on account of profit d. Account of profits Imprisonment and Fine one may file for moving the Registrar to ban the import of infringing copies and delivery of the confiscated infringing copies to the owner.
- 11. Conventions of IPR Sr. No . Relating to Patent Relating to Trademark Relating to Copyright Relating to Industrial Design 1 International Convention for protection of New Varieties of Plants, 1998 Madrid Agreement, 1891 Berne Convention, 1886 Paris Convention, 1883 2 Patent Co-operation Treaty, 1970 Universal Copyright Convention, 1952 Hague Agreement, 1925 3 Budapest Treaty for Micro- organism, 1980 Rome Convention, 1961 Locarno Agreement, 1968
- 12. GATT General Agreement on Traffic and Trade The General Agreement on Tariffs and Trade (GATT) is a legal agreement between many countries, whose overall purpose was to promote international trade by reducing or eliminating trade barriers such as tariffs or quotas. According to its preamble, its purpose was the "substantial reduction of tariffs and other trade barriers and the elimination of preferences, on a reciprocal and mutually advantageous basis”. The GATT was first discussed during the United Nations Conference on Trade and Employment. It was signed by 23 nations in Geneva on 30 October 1947.
- 13. WIPO The World Intellectual Property Organization (WIPO) was created to promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organizations. • The WIPO was signed at Stockholm on 14th July, 1967. • It Designated as Specialized body of United Nations. • It also act as complimentary body with WTO. • The Headquarters of WIPO is at Geneva.
- 14. WIPO Objectives of WIPO: i) to promote the protection of intellectual property throughout the world through cooperation among States and, where appropriate, in collaboration with any other international organization, (ii) to ensure administrative cooperation among the Unions. (III) To Harmonise National Intellectual Property legislation and procedures. (IV) Provide Services for International Applications for intellectual Property Rights. (v) Exchange information on intellectual Property (vi) Provide Legal and technical assistance to developing and other countries. (vii) Facilitate the resolution of private intellectual property disputes
- 15. WIPO WIPO's Activities include : • Hosting forums to discuss and shape international IP rules and policies, • Providing global services that register and protect IP in different countries, • Resolving transboundary IP disputes, • Helping connect IP systems through uniform standards and infrastructure, and • Serving as a general reference database on all IP matters; • It includes providing reports and statistics on the state of IP protection or innovation both globally and in specific countries. • WIPO also works with governments, nongovernmental organizations (NGOs), and individuals to utilize IP for socioeconomic development.
- 16. WIPO Cont... Governing Bodies Standing Committees Permanent Committees General Assembly Law of Patent To Revise and Update the Classification Systems Conference Law of trademark, Industrial Design and Geographical Indication Programme and Budget Committee Coordination Committee Law of Copyrights and other Rights Development and Intellectual Property The Assemblies of member state of each Union Law of Information Technologies Intergovernmental committee on Intellectual Property and Genetic Resources Advisory Committee on Enforcement
- 17. Interrelationship between WIPO and WTO • Accessibility of laws and regulations in the WIPO collection by WTO members and their nationals. • Accessibility of Database to WTO members and their nationals. • Accessibility of Laws and Regulations in the WIPO collection by the WTO Secretariat and the Council for TRIPS etc.
- 18. TRIPS (Trade Related Intellectual Property rights) The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO). It establishes minimum standards for the regulation by national governments of different forms of intellectual property (IP) as applied to nationals of other WTO member nations. TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990 and is administered by the WTO.
- 19. TRIP • Its main aim is to create a uniform method for upholding the rights of intellectual property owners and to give a guarantee to all member countries that they have adequate protection for their intellectual property.
- 20. TRIP The Three main issues governed by the agreement are: • Standard– All member states are required to provide a minimum set of criteria for the protection of IPRs in each of the IP categories covered by the Agreement. Each area of IP is addressed in such a way that the major aspects of protection, such as the subject matter sought to be protected, the rights to be granted, and possible exceptions to such rights, as well as the minimum period of protection, are all explicitly stated. • Enforcement– The second set of clauses focuses on domestic processes and remedies for intellectual property rights enforcement. The Agreement establishes a set of broad rules that apply to all IPR enforcement actions. It also includes rules on civil and administrative processes and remedies, provisional measures, particular border requirements, and criminal proceedings, all of which outline the procedures and remedies that must be provided so that the right holders can successfully exercise their rights. • Dispute settlement– Disputes occurring between WTO members over responsibilities emanating from the TRIPS Agreement are subject to the WTO’s dispute resolution processes.
- 21. TRIP The whole TRIPS Agreement is further divided into seven parts which contain the complex provisions regarding intellectual property: • Part I- General Provisions and Basic Principles (Article 1 to Article 8) • Part II- This part covers the requirements for the availability, scope, and application of intellectual property rights. (Article 9 to Article 40) • Part III- The enforcement of IPRs is the focus of this part. (Article 41 to Article 61) • Part IV: This part covers the procedures for obtaining and maintaining intellectual property rights. (Article 62) • Part V: This part deals with the prevention and resolution of conflicts resulting from the provisions of the Agreement. (Article 63 to Article 64) • Part VI: This part is about transitional agreements. (Article 65 to Article 67) • Part VII: This part of the Agreement deals with a variety of institutional arrangements. (Article 68 to Article 73)