IPR- Intellectual Property Rights

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                          Meaning of IPR
Intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs
used in commerce.

Intellectual property rights provide creators of original works economic incentive to develop and share ideas through a form of
temporary monopoly.

The legal rights accrued on the ‘intellectual’ property created are termed IPR.

Intellectual property is divided into two groupings: Industrial property (patents, trademarks, industrial designs, and geographic
indications of source) and Copyright (literary and artistic works) / Rights related to copyright (performing artists, producers,
broadcasters)




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                          Purpose
IPRs give creators exclusive rights to their creations, thereby providing an
incentive for the author or inventor to develop and share the information
rather than keep it secret.

The legal protections granted by IP laws are credited with significant
contributions toward economic growth.

Economists estimate that two-thirds of the value of large businesses in the
U.S. can be traced to intangible assets.

Likewise, industries which rely on IP protections are estimated to produce
72 percent more value per added employee than non-IP industries.




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                 Types of IPR
Patents

Trademarks

Copyrights

Industrial Designs

Trade Secrets

Protection for new plant variety

Geographical Indications
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                                Patents

Legal rights granted for new inventions employing scientific and technical
knowledge.

Patents are collectively known as "industrial properties", as they are
typically created and used for industrial or commercial purposes.


                        A patent may be granted for a new, useful, and non-
                        obvious invention and gives the patent holder a right
                        to prevent others from practicing the invention
                        without a license from the inventor for a certain
                        period of time.

                        Examples: A new drug for the treatment of AIDS
                        and a new cell phone.

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Trademarks


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                          Trade Marks
A trademark is a distinctive sign which identifies certain goods or services
as those produced or provided by a specific person or enterprise.

Its origin dates back to ancient times, when craftsmen reproduced their
signatures, or "marks" on their artistic or utilitarian products.

Over the years these marks evolved into today's system of trademark
registration and protection.

The system helps consumers identify and purchase a product or service
because its nature and quality, indicated by its unique trademark, meets
their needs.

Examples: Coca Cola in soft drinks, SONY in electronic goods.


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                          Copyrights




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M. F. Husain's Painting
                             Copyrights
A copyright is basically the right to copy and make use of literary, dramatic,
musical, artistic works, cinematographic films, records and broadcasts.

It is a proprietary right and comes into existence as soon as the work is
created.

Copyrights protect creative works, such as books, movies, music,
paintings, photographs, and software, and gives the copyright holder
exclusive right to control reproduction or adaptation of such works for a
certain period of time.

In day to day life, when we photocopy (Xerox) a book or any written article
we unknowingly indulge in violating the Copyrights.

U.S. copyright laws state that copyrights owned by corporations are valid
for 75 years from the date of first publication.
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Industrial Designs




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                               Industrial Design

An industrial design right protects the form of appearance, style or design
of an industrial object from infringement.

An industrial design is the ornamental or aesthetic aspect of an article. The
design may consist of three-dimensional features, such as the shape or
surface of an article, or of two-dimensional features, such as patterns, lines
or color.

Industrial designs are applied to a wide variety of products of industry and
handicraft: from technical and medical instruments to watches, jewellery,
and other luxury items; from house wares and electrical appliances to
vehicles and architectural structures; from textile designs to leisure goods.




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Trade Secret




           The best kept
           secret till date


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                Trade Secrets

A trade secret is an item of non-public
information concerning the commercial
practices or proprietary knowledge of a
business. Public disclosure of trade secrets may
sometimes be illegal.




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             Protection for new plant variety

TRIPS provisions of the WTO Agreement make it mandatory for member
countries to provide protection for new plant varieties. i.e. New variety of
rice or wheat.

The provisions have given member countries two options for providing
protection to new plant varieties —
Under the patent law itself and
By a separate system (called Sui generis system).




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                   GEOGRAPHICAL
                    INDICATIONS




Paithani weaving                  16
                Geographical Indications
These are indications that identify goods as originating in the territory of a
country, a region or a locality in that territory, where a specific quality,
reputation or other characteristic of the goods is essentially attributed to
their geographical origin.

Most commonly, a geographical indication includes the name of the place
of origin of the goods.

Agricultural products typically have qualities that derive from their place of
production and are influenced by specific local factors, such as climate and
soil.

Geographical indications may be used for a wide variety of products,
whether natural, agricultural or manufactured.

Examples: Basmati Rice Darjeeling Tea, Kanchipuram Silk Saree,
Alphanso Mango, Nagpur Orange, Kolhapuri Chappal, Bikaneri Bhujia,
Agra Petha                                                                       17
Can the legal rights in an intellectual property secured in one country be
enforced in another country?

The legal rights secured for an intellectual property under appropriate
legislation can be enforced only within the boundaries of the country which
grants such rights.

Examples: the rights secured by the grant of a patent in India can be
enforced only in India.

In other words, there is nothing like a world patent or an international
patent.

Hence, if one desires protection for an IP created for his invention in
different countries, he has to make separate applications in each country.




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Is protection of IPR essential for commercial success of a product /
process?
It is not necessary that a product / process (invention) should be protected
under an appropriate IP law for its commercialisation.

The inventor has the right to commercialise the invention if the said
invention is not already protected by somebody else.

However, protection of IP is considered essential for the promotion of
technological, industrial and economical development of a country as it
provides incentives for the inventor and ensures adequate returns on
investment made for commercialisation of the invention.




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What are the benefits of the Intellectual Property system, especially
the patent system?

Patents are, in addition to securing exclusive legal rights for the invention
disclosed, useful for
1.Advancing knowledge and bringing new knowledge eventually into the
public domain through the unique source of information contained therein.
2.Identifying the trends and experts in a field.
3.Evaluating the strength of competitors.
4.Identifying unexplored areas for undertaking R & D so as to become a
leader in that area. &
5.Identifying unprotected areas to avoid infringement




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WIPO HQ, Geneva, Sw itzerland
                         About WIPO
Established by the WIPO Convention in 1967

The World Intellectual Property Organization (WIPO) is an international
organization dedicated to promoting the use and protection of works of the
human spirit.

It is a specialized agency of the United Nations.

These works, intellectual property, are expanding the bounds of science
and technology and enriching the world of the arts.

Through its work, WIPO plays an important role in enhancing the quality
and enjoyment of life, as well as creating real wealth for nations.



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                        History/Evolution
Refusal by foreign exhibitors to attend the International Exhibition of Inventions in
Vienna in 1873 fearing their ideas would be stolen and exploited commercially in
other countries.

1883 - birth of the Paris Convention for the Protection of IP, the 1st major
international treaty designed to help the people obtain protection in other countries
for their intellectual creations in the form of IPRs, known as:
1.inventions (patents)
2.trademarks
3.industrial designs

1886 - copyright entered the international arena with the Berne Convention.

1893 - these two small bureau united to form an international organization called the
‘United International Bureau for the Protection of Intellectual Property’.

1967 - Then was the birth of WIPO a dynamic entity with 184 member States, a staff
that now numbers some 938, from 95 countries around the world.
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                        Role of WIPO
It administers 23 international treaties dealing with different aspects of
intellectual property protection.

The exploitation of the IP system as an important and powerful tool for
wealth creation and poverty reduction is at the center of the vision and
strategy of WIPO.

WIPO regularly produces various explanatory publications on current
issues of interest.

Four WIPO treaties have created classification systems, which organize
information on different branches of industrial property into indexed,
manageable structures for easy retrieval.




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           Strategic Goals & Activities
The five strategic goals defined in the 2008-2009 Program and
Budget are:
1.Promoting a Balanced IP System and Realizing Its Development
Potential
2.Strengthening IP Infrastructure, Institutions and Human
Resources
3.Progressive Development of International IP Law
4.Delivery of Quality Service in Global IP Protection Systems
5.Greater Efficiency of Management and Administrative Support
Processes.




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                        Member States
WIPO’s Member States determine the strategic direction and activities of
the Organization. They meet in the Assemblies, committees and working
groups.

There are currently 184 Member States, i.e. over 90 percent of the
countries of the world.


                              Secretariat
The WIPO Secretariat, or International Bureau, is based in Geneva.
WIPO's staff, drawn from more than 90 countries, includes experts in
diverse areas of IP law and practice, as well as specialists in public policy,
economics, administration and IT.



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             NGOs, IGOs, Civil Society
WIPO works with a wide spectrum of stakeholders, including other
intergovernmental organizations, non-governmental organizations,
representatives of civil society and of industry groups. Some 250 NGOs
and IGOs currently have official observer status at WIPO meetings.



                             Observers
Some 250 organizations are currently accredited as observers at WIPO
meetings. WIPO seeks to involve NGOs, IGOs, industry groups and all
other stakeholders as widely as possible in consultation processes and
debates about current issues.




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                 Program and Budget

About 90% of the Organization's budgeted expenditure of 626 million
Swiss francs for the 2008-2009 biennium will come from earnings from the
services which WIPO provides to users of the international registration
systems

The remaining 10 percent will be made up mainly of revenue from WIPO’s
arbitration and mediation services and sales of publications, plus
contributions from Member States.




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       World Intellectual Property Day – April 26

The aims of World IP Day are:
1.To raise awareness of how patents, copyright, trademarks and designs
impact on daily life;
2.To increase understanding of how protecting IP rights helps promote
creativity and innovation;
3.To celebrate creativity, and the contribution made by creators and
innovators to the development of societies across the globe;
4.To encourage respect for the IP rights of others.




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                       Madrid Protocol
The Madrid Protocol was adopted in Madrid on 27 June 1989 to:
– create a link with the CTM and
– facilitate accession to the Madrid system of countries which had so far felt
unable to participate (such as USA, UK or Japan). Indeed, the Protocol was
also intended a vehicle for expanding the geographical scope of the Madrid
Union.

Madrid Protocol is an international treaty that allows a trademark owner to
seek registration in any of the countries that have joined the Madrid Protocol
by filing a single application, called an "international application."

The resulting “international registration” serves as a means for seeking
protection in member countries, each of which apply their own rules and laws
to determine whether or not the mark may be protected in their jurisdiction.

Neither the Madrid Protocol nor the Madrid Agreement provide for registration
of an “internationally effective” trademark.



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                           Members
Members:
As of November 2007, 74 countries have joined the Madrid Protocol.
These countries are called "Contracting Parties."




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                                                                Source: www.wipo.int
     Application Procedure for international registration:

Payment in advance directly to the International Bureau in Swiss Francs




Renewal Fee
- Same as initial registration fees
- Paid within 6 months of the expiration of the 10 year term
-Directly to WIPO

Change in ownership fee
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     Fees charged
1 Swiss franc(CHF) = 0.874585 U.S. dollars
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          Source: www.wipo.int/fee.html
              Intellectual Property Rights in India


India has one of the most modern copyright protection laws in the world.

There is a well-established statutory, administrative and judicial framework
to safeguard intellectual property rights in India. Computer software
companies have successfully curtailed piracy through court orders.

Right to privacy, which is not protected even in some developed countries,
has been recognized in India.




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                           Legislations
The year 1999 witnessed the consideration and passage of major
legislation with regard to protection of IPR. These include:
1.The Patents (Amendment) Act, March 10 1999
2.The Trade Marks Bill, December 23, 1999.
3.The Copyright (Amendment) Act, December 30, 1999.
4.A sui generis legislation called the Geographical Indications of Goods
(Registration & Protection) Bill, December 23, 1999.
5.The Industrial Designs Bill, December 23, 1999.
6.The Patents (Second Amendment) Bill, December 20, 1999.

Special cells for copyright enforcement have been set up in 23 States and
Union Territories.




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                          Punishments

Knowingly making a infringed copy of a Software – Imprisonment up to
3 years and fine up to Rs. 2 lakhs

As per the data relating to copyright offenses available with the National
Crime Records Bureau:
1.the number of copyright cases registered has gone up from 479 in
1997 to 802 in 1998.
2.The number of persons arrested has increased from 794 in 1997 to
980 in 1998.
3.The value of seizures has gone up from Rs.2.88 crore (28.8 million) in
1997 to Rs.7.48 crore (74.8 million) in 1998.



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                           Piracy
Cinematographic Works:
1.   Cinematic Rights          4. Pay TV Rights
     a) Theatrical                  a) Terrestrial
     b) Non theatrical              b) Cable
     c) Public Video                c) Satellite
2.   Ancillary Rights          5. Free TV Rights
     a) Airline                     a) Terrestrial
     b) Ship                        b) Cable
     c) Hotel                       c) Satellite
3.   Video Rights
     a) Home rental
     b) Home see through
     c) Commercial
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                      Music/Sound Piracy:
The piracy in sound recordings takes three principal forms:

First, songs from different cassettes/CDs are copied in a single cassette/CD
without taking proper authorisation. These are generally copied in blank
tapes. A large number of music lovers in the country demand recent hits in a
single medium. Since no single legitimate cassette/CD can fulfil this demand,
pirates step in.

Second, there is the counterfeiting where pirated version is similar to that of
original in almost all respects including appearance and price. Buyers at the
time of buying feel that they are buying original products.

Third category is bootlegging where unauthorised recordings of performance
are made without the knowledge of anybody.



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           Bajaj Auto to sue TVS for IPR 'violation'

'infringing' upon intellectual property rights of its patented digital twin spark
ignition (DTSi) technology.

"The first is the purpose for which they are doing it (use of twin spark
ignition for enhanced performance and better mileage). Secondly, the size
(of engine) is same and third, construction of engine is also the same,―

TVS CMD Venu Srinivasan had said that the company planned to sell
about 30,000 to 35,000 per month after the model's proposed market
launch by November.



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     Roshans maintain right to use Krazy 4 music

Despite settling in court with Mr. Ram Sampat for an alleged sum of Rs. 2
crores, the Roshans and Film Kraft, makers of the recently released Krazy
4, are maintaining that they were well within their rights to incorporate the
Krazy 4 'Break Free' song from a Sony Ericson commercial.

However as the film neared release, Sampat filed his own lawsuit and was
able to get a judgement in Bombay High Court in his favour.




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Microsoft sued for copyright violation in Philippines

A Philippine college on Monday accused global software giant Microsoft
Corp. of allegedly reproducing the school's copyrighted materials without
consent.

for copying and distributing the college's 370-paged manual on how to
operate Microsoft Office XP system.

The manual was copyrighted in 2005 by SEC for the exclusive use of
teachers and students. Microsoft Philippines in 2004 reportedly purchased
licenses to print 10, 000 copies of SEC manual. SEC claimed that
Microsoft copied the manual contents and made them into CDs for
distribution.




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 Eleven jailed in $2 billion software piracy case
Eleven individuals were convicted in a southern China court of violating
national copyright laws and participating in a sophisticated counterfeiting
ring that enabled them to mass-produce and distribute pirated Microsoft
software globally.

The organization mass-pirated software such as Windows XP and Office
2007. The goods were sold via the Internet and then exported from China
and shipped to the United States and Europe.

Twenty-five individuals were arrested, and several manufacturing facilities
were shut down. Software valued at more than $500 million was
confiscated from the facilities.

Microsoft said it was satisfied with the outcome and noted that the
sentences were the strictest ever delivered in a Chinese copyright
infringement trial.

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   Rock ‘n Roll in Bangladesh: Protecting Intellectual
              Property Rights in Music
Miles, a very popular Bangladeshi music band has accused music director
Anu Malik, a music-mogul of the Mumbai movie world, of committing pure
piracy of one of its original compositions.

The song ‘Phiriye Dao Amar Prem’ had been copied in the sound track of
movie ‘Murder’ – Jaana jaane jaana.

As compensation for the ‘injury’ caused to the business interests of the
petitioners, 50 million rupees were demanded from Anu Malik, Mahesh
Bhatt, Saregama India Ltd and RPG Global Music; in addition, ‘total
reimbursement’ for the expenditure incurred in filing the case also was
demanded. A court order was also sought for appointing a receiver or
special officer to seize the entire lot of soundtrack software from
Saregama’s Dum Dum studio. Besides this, the band’s lawyers demanded
that the respondents ‘should be directed to disclose upon oath details of
cassettes and CDs distributed by them to various vendors and retails’.
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                            Sources & References
Websites:
http://www.wipo.int/sme/                                                        Books:
http://www.wipo.int/members/en/organizations.jsp                                International Marketing – Philip Caeotra
http://www.patentoffice.nic.in/                                                 Making a Mark
                                                                                Inventing the Future
http://www.iprlawindia.org/
http://en.wikipedia.org/wiki/Intellectual_property
http://dipp.nic.in/ipr.htm                                                      News Papers:
http://www.indianembassy.org/special/ipr/ipr.htm                                Economic Times- through ET website article, 2000.
http://www.nipo.in                                                              Mint- Latest Article on Property Rights.
                                                                                DNA- online article
http://www.wipo.int/treaties/en/registration/lisbon/
                                                                                The Times Of India – 02 Feb 2009
http://pfc.org.in/fac/bull.htm                                                  Bombay Times, 18 July 2004
http://www.hindu.com
http://www.antipiracy-india.com
http://www.iisc.ernet.in/currsci/jun102000/editorial.pdf
http://pfc.org.in/fac/bull.htm
http://www.ipr-helpdesk.org/newsletter/33/html/EN/IPRTDarticleN101CA.html
http://copyright.gov.in/maincpract6.asp
http://www.wipo.int/treaties/en/statistics/StatsResults.jsp?treaty_id=8&lang=en
http://www.uspto.gov/web/trademarks/madrid/madridfaqs.htm#q1
http://copyright.gov.in/mainact.asp#top
http://www.usinfo.state.gov/products/pubs/inteprp
http://www.copyright.gov/circs/circ1.html
http://www.chinaview.cn
http://www.India-Forums.com
http://www.economictimes.com/today/12home1.htm
http://www.sciweb.com/home/eddyjake/patents/
patents_800_10_2_97.html
http://www.indiaserver.com/bline/stories/04130032.htm
http://www.business-standard.com/98apr07/economy4.htm                                                                            45
QUESTIONS
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Project done by:
Divya Alva                02
Mitesh Bangera            03
Shailesh Gada             15
Murtuza Kinariwala        27
Trupthi Nayak             37
Chandrashekhar Upadhyay   56

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