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Intellectual Property Rights : A Primer
 

Intellectual Property Rights : A Primer

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    Intellectual Property Rights : A Primer Intellectual Property Rights : A Primer Presentation Transcript

    • INTELLECTUAL PROPERTY RIGHTS A PRIMER By Vishwaranjan
    • INTELLECTUAL PROPERTY RIGHTS
      • MEANING – Grant of exclusive rights for a certain period over intangible assets created through human skill, intelligence, labour and effort
      • CLASSIFICATION OF IPR –
          • Copyright ©
          • Trademark TM/SM/®
          • Patent
          • Geographical Indications
          • Industrial Design
          • Trade Secrets
    • COPYRIGHT
      • Literary/Dramatic/Musical/Artistic Work
      • Computer Programs/Software are literary works and covers –
      • Algorithms and Source Codes
      • Cinematograph Films including Sound Tracks
      • Recording on disc, tape, perforated roll or other device
      • Protection for the expression of an idea and not for the idea itself
      • Protection starts from the moment an original work is created
      • No formal registration is required for claiming protection
      • Fair Use provisions
    • TRADE MARKS
      • A distinctive, non – descriptive sign, identifies certain goods/services produced/provided by a specific person or enterprise.
      • Trademark may be –
        • One or Combination of Words/Letters/Number
        • Drawings/Symbols/Three Dimensional Signs
      • Classification of Goods/Services offered
      • Well known Mark
      • Associated Trademarks
      • Service Marks
      • Certification Marks
    • PATENTS
      • Invention of a new product or process involving an inventive step and capable of industrial application.
      • Essentials:
      • - Novelty
      • - Inventiveness (Non – Obviousness)
      • - Usefulness
      • Non – patentable inventions
    • IPR PROTECTION MECHANISM IN INDIA
      • SALIENT FEATURES
      • In conformity with International standards and as amended from time to time, the Indian laws provide for both civil and criminal liability;
      • Protection available to both registered as well as unregistered IPRs through civil suits, temporary / permanent injunction, arrest, penalty, damages, compensation etc.;
      • Criminal remedy more effective than civil proceedings;
      • Signatory to International Convention & treaties, i. e.
        • Berne Convention, 1886 for protection of Literary and Artistic Works - copyright;
        • Paris Convention, 1883 for protection of patents, trademarks, designs, etc;
        • Patent Cooperation Treaty (PCT);
        • TRIPS; WPPT 1996 etc.
    • GOVERNING STATUTES & TERM OF PROTECTION
          • Copyright Act, 1957 – Lifetime + 60 yrs., for Natural entity and 50 yrs. from publication for Artificial Entity; 25 years for broadcasting.
          • Patents Act, 1970 – 20 year,
          • Trademarks Act, 1999 – 10 year, renewable;
          • Designs Act, 2000 - 10 year + 5 year extension;
          • Geographical Indications of Goods (Registration and Protection) Act,1999 – 10 Years;
          • Protection of Plant Variety & farmer’s Right Act, 2000 – Maximum 18 years;
          • Semiconductor Integrated Circuits Layout Design Act, 2000, 10 year.
    • COPYRIGHT AND ITS PROTECTION
      • Protects copyright owners from piracy and infringement of copyrights.
      • Criminal Remedy - Minimum jail term of seven days which can be extended up to 3 years and fine ranging from Rs. 50,000/- to Rs. 2,oo,ooo/-
      • Provided under Section 55 of the Act, Civil Remedies include
        • Injunction,
        • Damages or accounts of Profit,
        • Delivery up of infringing copies
        • Damages for conversion
      • Section 64 empowers Police to Seize infringed copyright material
    • TRADE MARKS AND ITS PROTECTION
      • Trade Marks Act, 1999 awards both civil and criminal remedies
      • For registered Trade Mark, civil remedy include
        • Suits for infringement under Section 134
        • Injunction under Section 135
      • For unregistered Trade Mark, Action for Passing Off can be instituted.
      • The tort of Passing off reputation, deception and damage.
      • Similarly, suit for damages and for rendition of Accounts can also be instituted
    • SNAPSHOT OF LEGAL PROVISIONS
      • PROTECTION OF PATENTS
          • Criminal liability : penalties available under Section 118
          • Contravention of Secrecy provisions relating to certain inventions in cases relating to infringement of Patents
          • Failure to comply with Section 35, is punishable with imprisonment for a term which may extend to two years or with fine or both.
      • PROTECTION OF DESIGNS :
          • Civil Remedies against infringement of Copyright in a design area
            • an injunction,
            • damages or
            • Compensation and delivery up of infringing articles.
          • No Provision for criminal proceedings against piracy of designs.
          • Unregistered design can be protected under Copyrights Act.