Impact of IPR
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  • 1. Impact of IntellectualProperty Rights IPR MOEZ
  • 2. Assignment on Impact of Intellectual Property RightsCourse Code: MGT – 315Course Title: Fundamentals of MISPrepared For: Mr. Md. Rahimullah Miah Lecturer in MISPrepared by: Moez Al Azim Ansary ID. No.: 1101010183 Section: D Semester: 7th Batch: BBA - 27th Department of Business Administration Leading University, Sylhet, BangladeshDate of Submission: March 30, 2013
  • 3. March 30, 2013Lecturer in MISMr. Md. Rahimullah MiahDepartment of Business AdministrationLeading University, SylhetSubject: Submission of Assignment Paper on “Impact of IntellectualProperty Rights”.Dear Sir,It is an enormous pleasure to submit my Assignment Paper on “Impact ofIntellectual Property Rights”, which is assigned as a requirement of our courserelated.In preparing this assignment paper I have acquired good experience andknowledge about intellectual property rights and its impacts. I have tried to mybest to furnish the assignment with relevant data, which I had collected fromonline, fieldwork and other related sources. I think my assignment paper willclearly express the concept of intellectual property rights and its impacts andrelevant problems. And I hope this assignment paper will helps to make the IPlaws more enforceable and to take proper steps to protect intellectual property.I would like to convey my tributes to you and thank you for giving me theopportunity to preparing the Assignment Paper. Your queries in this aspect willhighly be expected.Thanking you.Sincerely yours,__________________________Moez Al Azim AnsarySection: DID: 11010101837th SemesterBBA -27th BatchDepartment of Business AdministrationLeading University, Sylhet, Bangladesh
  • 4. iv Dedication ToAll of My Friends and Honorable Teachers
  • 5. v DeclarationThis research paper has been prepared by myself which the title“Impact of Intellectual Property Rights” under the supervision ofMr. Md. Rahimullah Miah, Lecturer in MIS, Leading University, Sylhet,Bangladesh. The duplication of this paper is prohibited without thepermission of Author.__________________________Moez Al Azim AnsarySection: DID: 11010101837th SemesterBBA -27th BatchDepartment of Business AdministrationLeading University, Sylhet, Bangladesh
  • 6. vi AcknowledgementI am grateful to Allah for giving me the ability to complete the research paper.Now I acknowledge the persons who support and help me to complete theresearch. These persons are my honorable teachers, parents, friends and thepersons who response to the question of my assessment.At first I thank to my department head Dr. Bashir Ahmed Bhuiyan for offering methe course. Then I thank to my honorable course teacher and my instructorMr. Md. Rahimullah Miah, lecturer of Leading University for giving me theopportunity to research on such topic and directing me during the researchwork. Now I thank to all friends of my class, family members and the personswho co-operated with me and provided me the information through varioussources.AuthorMoez Al Azim AnsaryStudent of Business AdministrationLeading University, Sylhet, Bangladesh
  • 7. vii Table of ContentChapter Title Page No. Abstract viii 1.1 Origin of the Report 1Chapter - 1 Introduction 1-6 1.2 History of IPR 1 1.3 Relevant Problems Identified 3 1.4 Objectives 4 1.5 Limitations 5 2.1 Previous Research work 7Chapter - 2 General Context of the Study 7-15 2.2 Literature Review 9 2.3 Direction of Existing way and Present perspectives 14 3.1 Background of Study Area 16Chapter - 3 Methodology of the Study 16-19 3.2 Reconnaissance Survey 16 3.3 Research Design 16 3.4 Site Selection 17 3.5 Questionnaire Preparation 17 3.6 Data Collection Method 17 3.7 Key Information Interview 18 3.8 Data Analysis and Preparing Model 18Chapter - 4 Result and Discussion 20-21Chapter - 5 Recommendations and Conclusion 22-23Chapter - 6 References 24-25Chapter - 7 Appendices 26-32 Profile of Author 33
  • 8. viii AbstractIntellectual property refers the creation of mind which depends on one’sintellectual ability. Intellectual Property Right is a right that is had by a personor by a company to have exclusive rights to use its own plans, ideas, or otherintangible assets without the worry of competition, at least for a specific periodof time. Patent, Copyright, Industrial Design Rights and Trademark are beingused in Bangladesh as intellectual property rights. IPR provides security to one’sintellectual property and protects one’s exclusive innovation from illegal usages.It encourages people to new innovations and ensures the consumers to getoriginal products. IPR helps to economic and social developments. But, manypeople in Bangladesh are disobeying the IP rights because of immorality andunconsciousness about the effect of intellectual property rights. So, we shouldmake conscious the people of Bangladesh about the IP rights. The governmentshould take proper steps to protect intellectual properties and should make theIP laws more enforceable, and should make easy the processes of applying for IPrights.
  • 9. Impact of Intellectual PropertyRights Chapter- 1 IntroductionIntellectual property (IP) is a legal concept which refers to creations of the mindfor which exclusive rights are recognized.[1] Under intellectual property law,owners are granted certain exclusive rights to a variety of intangible assets, suchas musical, literary, and artistic works; discoveries and inventions; and words,phrases, symbols, and designs. Common types of intellectual property rightsinclude copyright, trademarks, patents, industrial design rights, trade dress, andin some jurisdictions trade secrets. In the era of globalization and digitalization the Intellectual Property Rights1.1: Origin of the Report: becomes a burning question. Electronic media like internet make easy to copy one’s intellectual property by another. The imitation of intellectual property makes concern the author of the new innovation. For protecting the rights of intellectual property copyright, trademarks, patents, industrial design rights, trade dress, and in some jurisdictions trade secrets are established. My report is prepared for analysis how the intellectual properties are exposed and copying, how the laws for protecting intellectual property are implemented and can be made more effective, and the impacts of intellectual property rights. This report on “Impact of Intellectual Property Rights” has been prepared as a partial requirement for the completion of the course titled “Fundamentals of MIS” for the BBA program of the Leading University, Sylhet. The preparation of this report was supervised by Mr. Md. Rahimullah Miah, Lecturer in MIS, Leading University, Sylhet, Bangladesh. Although many of the legal principles governing intellectual property rights1.2: History of IPR: have evolved over centuries, it was not until the 19th century that the term
  • 10. Impact of Intellectual Property Rights | 2intellectual property began to be used, and not until the late 20th centurythat it became commonplace in the majority of the world.[2] The BritishStatute of Anne 1710 and the Statute of Monopolies 1623 are now seen as theorigins of copyright and patent law respectively.[3]Modern usage of the term intellectual property goes back at least as far as1867 with the founding of the North German Confederation whoseconstitution granted legislative power over the protection of intellectualproperty (Schutz des geistigen Eigentums) to the confederation. [4] When theadministrative secretariats established by the Paris Convention (1883) andthe Berne Convention (1886) merged in 1893, they located in Berne, and alsoadopted the term intellectual property in their new combined title, the UnitedInternational Bureaux for the Protection of Intellectual Property. Theorganization subsequently relocated to Geneva in 1960, and was succeededin 1967 with the establishment of the World Intellectual PropertyOrganization (WIPO) by treaty as an agency of the United Nations. Accordingto Lemley, it was only at this point that the term really began to be used inthe United States (which had not been a party to the Berne Convention), [2]and it did not enter popular usage until passage of the Bayh-Dole Act in1980.[5]"The history of patents does not begin with inventions, but rather with royalgrants by Queen Elizabeth I (1558–1603) for monopoly privileges.Approximately 200 years after the end of Elizabeths reign, however, a patentrepresents a legal [right] obtained by an inventor providing for exclusivecontrol over the production and sale of his mechanical or scientificinvention...[demonstrating] the evolution of patents from royal prerogative tocommon law doctrine.”[6]In an 1818 collection of his writings, the French liberal theorist, BenjaminConstant, argued against the recently introduced idea of "property which hasbeen called intellectual."[7] The term intellectual property can be found usedin an October 1845 Massachusetts Circuit Court ruling in the patentcase Davoll et al. v. Brown., in which Justice Charles L. Woodbury wrote that"only in this way can we protect intellectual property, the labors of the mind,productions and interests are as much a mans own as the wheat he
  • 11. Impact of Intellectual Property Rights | 3 cultivates, or the flocks he rears."[8] The statement that "discoveries are property" goes back earlier. Section 1 of the French law of 1791 stated, "All new discoveries are the property of the author; to assure the inventor the property and temporary enjoyment of his discovery, there shall be delivered to him a patent for five, ten or fifteen years." [9] In Europe, French author A. Nion mentioned propriete intellectuelle in his Droits civils des auteurs, artistes et inventeurs, published in 1846. Until recently, the purpose of intellectual property law was to give as little protection possible in order to encourage innovation. Historically, therefore, they were granted only when they were necessary to encourage invention, limited in time and scope.[10] The concepts origins can potentially be traced back further. Jewish law includes several considerations whose effects are similar to those of modern intellectual property laws, though the notion of intellectual creations as property does not seem to exist – notably the principle of Hasagat Gevul (unfair encroachment) was used to justify limited-term publisher (but not author) copyright in the 16th century.[11] In 500 BCE, the government of the Greek state of Sybaris offered one years patent "to all who should discover any new refinement in luxury." [12] It is assumed that there is a positive correlation between both the IPR system1.3: Relevant Problems Identified: and innovation, and between innovation and economic growth. In addition, it is assumed that the IPR system has a positive effect on, or at least doesn‘t inhibit economic growth, and so overall has a positive influence on the societal economic growth. However, the transition from industrial to knowledge society has led to a series of significant changes in innovation patterns and market conditions which in turn has led to new criteria within the IPR system. There is a risk that the ongoing adjustments of the IPR system could fall behind the rapid development of technology, making the system become characterized by inertia.
  • 12. Impact of Intellectual Property Rights | 4I find out two types of problems related to intellectual property rights - one isthe threat to protecting IPR and another is problems created by IPR. Now Idiscuss both of them below.1.3.1: The major problems/threats to Intellectual Property Rights arediscussed below. Piracy: (a) Piracy is the act of illegally copying someones product or invention without permission. (b)Piracy refers the unauthorized use of anothers production, invention, or conception especially in infringement of a copyright. Piracy is the major threat for protecting intellectual property. Books, music, software, videos are vastly pirated in Bangladesh. Internet Challenges: Some software, monitoring tools, cookies, web bugs are used to monitoring and scanning one’s personal computer and capture, snatching information from the computer by using internet. That enhances piracy or copying one’s intellectual property. Immorality: Immoral persons publish other’s innovation or work as their own innovation or work. This problem is mainly occurs in literature and scientific innovations like as new theory or formula. Tendency to Make Profits: Some dishonest business men copying or pirate the products without permission of author or inventor for making profits. This tendency deprives the original organizations or inventors from the actual profits which they could earn. Cost for IPR: In most jurisdictions the IPR holder must bear the cost for enforcing rights. This will usually involve engaging legal representation, administrative and / or court costs. These costs including time should be taken into consideration when evaluating the benefits of enforcing the rights.Besides these problems the Intellectual Property laws in Bangladesh are notrich and strong. The existing laws are not implemented properly. So theIntellectual Property Rights are broken many ways. Now, Copying is becomea common business in Bangladesh.
  • 13. Impact of Intellectual Property Rights | 5 1.3.2: The problems created by the intellectual property rights are discuss below. Monopoly Business: IPR helps the persons to do monopoly business. By providing all of the control over a product to a person, IPR  increases the price of the product. For this reasons many people become unable to purchase the product and deprived from the benefits of the products or services. For example, the high prized Hindering Development: Intellectual property rights hinder the software could not be use by the people of least developed countries. educational and technological development of low economic and  underdeveloped countries. The original software and books are very costly which are unbearable for poor people. 1.4.1: General Objective: The general objective is to prepare a report on1.4: Objectives: “Intellectual Property Rights” and identifying the relevant problems, ways to solve the problems and impact of IPR. 1.4.2: Specific Objectives: Specific objectives are...... Analysis the present condition of IPR in Bangladesh comparing with other countries in the world.  Analysis of the effectiveness of implemented laws. Discuss the different types of IPRs.   Since this research is only for academic purpose, there were some limitations1.5: Limitations: in this study. These are mentioned below: Discussion about the Intellectual Property Rights is a complicated subject.  Time was enough but it was not possible to give full concentration in this regard due to continuous pressure from other courses. 
  • 14. Impact of Intellectual Property Rights | 6 Due to political condition of the country and strikes make the situations too hard to do survey or conduct field work. So, most of the data are collected from secondary sources. The study is basically based on secondary data, because primary data collection method is costly and needs huge time.
  • 15. Impact of Intellectual Property Rights | 7 Chapter- 2 General Context of the Study The previous research works on Intellectual Property Rights are very few in2.1: Previous Research work: the context of Bangladesh. One of these research works is provided by Md. Milan Hossain, a Senior Lecturer of Law Department in Northern University Bangladesh. His research has provided the following information about IPR. The cultural, industrial, and economical development of a country depends on the progress of intellectual properties. Intellectual property is the things that are created by the human thought; it is the result of intellectual activities. Simply it refers copyright, trademark, patent design, trade secrets and geographical indications etc. Very broadly, it means the legal rights which result from intellectual activity in the industrial, scientific, literary and artistic fields. The World Intellectual Property Organization (WIPO) Convention provides that “intellectual property shall include rights relating to: 1. Literary, artistic and scientific works, 2. Performances of performing artists, phonograms and broadcasts, 3. Inventions in all fields of human endeavor, 4. Scientific discoveries, 5. Industrial designs, 6. Trademarks, service marks and commercial names and designations, 7. Protection against unfair competition, and 8. All other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.”[13] Mr. Md. Milan Hossain’s Findings and Recommendation through his research work are mention now. Intellectual properties laws in Bangladesh are not very rich. Some of them are not compatible with international treaties and conventions. Some of them are not maintainable with the digital based society. We have no laws on trade secrets, unfair competition, and geographical indication and lay out
  • 16. Impact of Intellectual Property Rights | 8design (topographies) of integrated circuits still today. Administrativecapacity of DPDT (Department of Patents, Designs and Trademarks) andCopyright Office are very poor due to manual system, shortage of number ofofficers and staff, expert on intellectual property. Besides, here awarenessamong the people is very little. Copyright piracy is very frequent; here its rateis the highest amongst the world. Under the above circumstances, thefollowing steps should be taken:1. Introducing basic concept on IP laws to the undergraduates and postgraduates courses in colleges and universities;2. Creating awareness through seminar, symposiums and national workshopsamong the all classes’ educated people of the country;3. Establishing IP Protection courts, at least, in the divisional level andtraining the judges and advocates and thus making the experts;4. Developing mechanism to ensure speedy and cheap resolution of disputesand litigation by infringement;5. Employing special teams of the members of law forces for theimplementation of the IP laws and training them.6. Introducing new laws on trade secrets, unfair competition, geographicalindication and lay out design (topographies) of integrated circuits;7. Updating or introducing a new Patents and Designs Act; as the 1911 Act isnot compatible with international treaties and convention;8. Updating Trademark Rules; because Trademark Rules 1963 are unable tomeet the IP demand of 2012. Besides, under the 2009 Act, new provision ofcollective mark has been inserted but the procedure of registration of it hasnot been mentioned in the Act, 2009. The procedure of publication oftrademark journal is not specified in the present law; it should be determinedby the new rules. Different forms of trademark, service mark, certificationmark or collective mark should be updated to maintain the consistency of thedigital based society. So, the replacement of 1963 Rules with a new one is amust; and,9. Recruiting necessary officers and staff for the DPDT and Copyright officeand training them on IP laws at home and abroad.
  • 17. Impact of Intellectual Property Rights | 9 Intellectual Property Right is a right that is had by a person or by a company2.2: Literature Review: to have exclusive rights to use its own plans, ideas, or other intangible assets without the worry of competition, at least for a specific period of time. These rights can include copyrights, patents, trademarks, and trade secrets. These rights may be enforced by a court via a lawsuit. The reasoning for intellectual property is to encourage innovation without the fear that a competitor will steal the idea and / or take the credit for it. Here we discuss about the laws are using in Bangladesh for Intellectual Property Rights. The common types of intellectual property rights include patents, copyright, industrial design rights, trademarks, trade dress, and in some jurisdictions trade secrets are used. Patents: A patent grants an inventor exclusive rights to make, use, sell, and import an invention for a limited period of time, in exchange for the public disclosure of the invention. An invention is a solution to a specific technological problem, which may be a product or a process. The procedure for granting patents, requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a patent application must include one or more claims that define the invention. These claims must meet relevant patentability requirements, such as novelty and non-obviousness. The exclusive right granted to a patentee in most countries is the right to prevent others from making, using, selling, or distributing the patented invention without permission. The right is given to the owner of exclusive innovation for 20 years. Copyright: Copyright is a legal concept, enacted by most governments, giving the creator of original work exclusive rights to it, usually for a limited time. Generally, it is "the right to copy", but also gives the copyright holder the right to be credited for the work, to determine who may adapt the work to other forms, which may perform the work, which may financially benefit from it, and other related rights. It is a form of intellectual property (like the
  • 18. Impact of Intellectual Property Rights | 10patent, the trademark, and the trade secret) applicable to any expressibleform of an idea or information that is substantive and discrete.Copyright may apply to a wide range of creative, intellectual, or artistic forms,or works. Specifics vary by jurisdiction, but these can include poems, theses,plays, other literary works, movies, dances, musical compositions, audiorecordings, paintings, drawings, sculptures, photographs, software, radio andtelevision broadcasts, and industrial designs. Graphic designs and industrialdesigns may have separate or overlapping laws applied to them in somejurisdictions.Copyright does not cover ideas and information themselves, only the form ormanner in which they are expressed.Industrial Design Rights: An industrial design right is an intellectualproperty right that protects the visual design of objects that are not purelyutilitarian. An industrial design consists of the creation of a shape,configuration or composition of pattern or color, or combination of patternand color in three dimensional forms containing aesthetic value. An industrialdesign can be a two or three dimensional pattern used to produce a product,industrial commodity or handicraft.Trademark: A trademark is a recognizable sign, design or expression whichidentifies products or services of a particular source from those of others.The trademark owner can be an individual, business organization, or anylegal entity. A trademark may be located on a package, a label, a voucher oron the product itself.Trademarks are used to claim exclusive properties of products or services. Atrademark may be located on a package, a label, a voucher or on the productitself. The usage of trademarks by its owner can cause legal issues if thisusage makes him guilty of false advertising or if the trademark is offensive.Trademarks can be owned, but also licensed. Licenses can be bought fromtrademark owners and brokers. For example, Banoful & Co. Ltd. is licensingmany suppliers as licensee to trade by using its name and logo.
  • 19. Impact of Intellectual Property Rights | 11The unauthorized usage of trademarks by producing and trading counterfeitconsumer goods is known as brand piracy.The owner of a trademark may pursue legal action against trademarkinfringement. Most countries require formal registration of a trademark as aprecondition for pursuing this type of action. In Bangladesh trademark isregistered by DPDT (Department of Patents, Designs and Trademarks).A trademark may be designated by the following symbols: TM (the "trademark symbol", which is the letters "TM", for an unregistered trademark, a mark used to promote or brand goods) SM(which is the letters "SM" in superscript, for an unregistered service mark, a mark used to promote or brand services) ® (the letter "R" surrounded by a circle, for a registered trademark).A trademark is typically a name, word, phrase, logo, symbol, design, image, ora combination of these elements. There is also a range of non-conventionaltrademarks comprising marks which do not fall into these standardcategories, such as those based on color, smell, or sound (like jingles).The term trademark is also used informally to refer to any distinguishingattribute by which an individual is readily identified, such as the well-knowncharacteristics of celebrities. When a trademark is used in relation to servicesrather than products, it may sometimes be called a service mark.Trade Dress: Trade dress is a legal term of art that generally refers tocharacteristics of the visual appearance of a product or its packaging (or eventhe design of a building) that signify the source of the product to consumers.Trade dress may be registered with the United States Patent and TrademarkOffice (PTO) in either the Principal Register or the Supplemental Register.[15]Although registration is not required for legal protection, registration offersseveral advantages. In the Principal Register, a registrant gains nationwideconstructive use and constructive notice, which prevent others from using or
  • 20. Impact of Intellectual Property Rights | 12 registering that registrant’s trade dress (without contesting the registration).[16] Further, a registrant in the Principal Register gains incontestable status after five years, which eliminates many of the ways for another party to challenge the registration. [17] Registration under the Supplemental Register allows the registrant to protect its trade dress in foreign countries, although the protections are much more limited than protections under the Principal Register in the U.S. [18] Trade Secrets: A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers. In some jurisdictions, such secrets are referred to as "confidential information", but should not be referred to as "classified information", due to the nature of the word "classified" in the USA. [19]Above are the common types of Intellectual Property Rights. Patents, copyright,industrial design rights and trademarks are now using in Bangladesh. All of thefour rights are registered by DPDT (Department of Patents, Designs andTrademarks.) in Bangladesh. Impacts of Intellectual Property RightsFor why IP rights or laws are established? The stated answer will be that the mostintellectual property laws are established for promoting progress in innovationand competition. That accelerates the industrial wheel and economy. Theimpacts of intellectual property rights are as follows. Motivating the individuals for new creations: Intellectual property rights encourage individuals for new inventions. IPR ensures that the exclusive inventions of an individual will not be copied without permission.
  • 21. Impact of Intellectual Property Rights | 13 Providing due recognition to the creators and inventors: IPR provides the total control over a new innovation to its creator and permits to use inventor’s name on the invention. Ensuring material reward for intellectual property: IPR has rewarded the intellectual property of an individual. IPR provides the facility to the inventor to do monopoly business of his exclusive innovation or creation. Ensuring the availability of the genuine and original products: IP rights are facilitating the user or consumers to get / buy the genuine and original products. Maintaining differentiation: Trademark, logo, simple etc. common elements of IPR are ensuring to differentiate an individual’s or organization’s products from the competitors’ products. Customers can easily identify the preferred source’s products. Financial incentive: The exclusive rights allow owners of intellectual property to enjoy benefits from the property they have created and providing a financial incentive for the creation of an investment in intellectual property. Economic growth: The WIPO treaty and several related international agreements are premised on the notion that the protections of intellectual property rights are essential to maintaining economic growth.[20] IPR influences the individuals to new invention that ensure the society to get new products, services, ideas, theories which will increase the economic growth. To stop copying: IP rights restrict copying other’s design, idea, product and conducts business by copying other’s intellectual property. That diverse one to new creations.Though IPR has many advantages, it has criticized from some angle. IPRs ensureCriticisms of IPR:a person to conduct monopoly business which may be a cause of high price of aparticular product or service or any other intellectual things. That may affect theeconomy of a country. IPR makes the inventions personalized and that serves toa certain region for that most of the people deprived from its benefits.
  • 22. Impact of Intellectual Property Rights | 14It is impossible to the people of list developed countries such as Bangladesh tobuy or import original books and software from foreign countries withunbearable price. So, if prohibited to piracy of foreign books and software, thehigher education will become dream to the students of LDCs, and thetechnological and medical development will be deadlock. For protecting intellectual properties four ways of intellectual property2.3: Direction of Existing way and Present perspectives: rights are applying in Bangladesh. Those are Patents, Trademark, Copyright, and Industrial Design Rights which have discussed in chapter 2.2. The Patents and Designs Act -1911; Following IP related laws are prevailing in Bangladesh: The Trademarks Act – 2009;  The Copyrights Act – 2000 (Amended in 2005).  In the perspectives of Bangladesh how the IP rights are defined and appliedunder the above Acts are given below. A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. Under the Patents and Designs Act - 1911 patents are granted. Patents provide 16 years protection from the date of An industrial design is the ornamental or artistic aspect of an article. The filing of the application. 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 protected under The Patents and Designs Act - 1911. Registration of assign is given for 5 years. It could be renewed twice; each A trademark is a distinctive sign which identifies certain goods or services as renewal remains valid for 5 years. those produced or provided by a specific person or enterprise. The trademarks system helps consumers identify and purchase a product or
  • 23. Impact of Intellectual Property Rights | 15 service because its nature and quality, indicated by its unique trademark, meets their needs. A registered trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. In Bangladesh trademarks and service marks are registered under The Trademarks Act- 2009. Registration provides 7 years protection; it can be Copyrights are protected for original intellectual work of literature, art, renewed every after 10 year on payment of renewal fees. music, software, etc. under the Copyrights Act – 2000 (Amended in 2005). Copyright exist up to 60 years after the death of copyright owner.These laws are not applying strongly in Bangladesh for that piracy any copyingare not be prevented. So, the existing laws in Bangladesh for protectingintellectual property should be made more enforceable and applicable. Thesystems and conditions for applying IP rights should be easy and flexible.
  • 24. Impact of Intellectual Property Rights | 16 Chapter- 3 Methodology of the StudyA methodology is usually a guideline system for solving a problem, with specificcomponents such as phases, tasks, methods, techniques and tools. It can bedefined also as follows: 1. "the analysis of the principles of methods, rules, and postulates employed by a discipline";[21] 2. "the systematic study of methods that are, can be, or have been applied within a discipline";[21] 3. "the study or description of methods".[21] My research’s background area is Bangladesh which is a least developed3.1: Background of Study Area: country. Here I try to focus the Intellectual Property Rights of Bangladesh comparing with the international intellectual property rights. My initial survey was conducted over internet, library, some CD shops and3.2: Reconnaissance Survey: university going students. Research design is a logical and systematic planning in directing a research.3.3: Research Design: There are three types of research design. These are... i) Exploratory research design ii) Descriptive research design iii) Experimental research designI follow the descriptive research design in my research work. Descriptiveresearch design is a scientific method which involves observing and describing
  • 25. Impact of Intellectual Property Rights | 17the behavior of a subject without influencing it in any way. As my research topicis observable and describable, I follow this research design. The topic chosen for assignment is “Impact of Intellectual Property Rights”.3.4: Site Selection: As most of the data are collected from secondary sources, field observation3.5: Questionnaire Preparation: and internet, I prepare a very simple and short open-ended questionnaire. I prepare the questionnaire for inventors and users. Data are generally two types. These are Primary data and Secondary data.3.6: Data Collection Method: 3.6.1: Primary Data: Primary data means original data that has been collected specially for the purpose in mind. It means someone collected the data from the original source first hand. Data collected this way is called primary data. Primary data has not been published yet and is more reliable, authentic and objective. Its validity is greater than secondary data. The people who gather primary data may be an authorized organization, investigator, enumerator or they may be just someone with a clipboard. These people are acting as a witness so primary dada is only considered as reliable as the people who gathered it. 3.6.2: Secondary Data: Secondary data is the data that has been already collected by and ready available from other sources. When we use statistical method with primary data from another purpose for our purpose we refer to it as secondary data. It means that one purpose’s primary data is another purpose’s secondary data. So that secondary
  • 26. Impact of Intellectual Property Rights | 18 data is data that is being reused. Such data are cheaper and more quickly obtainable than primary data. In my research work both primary and secondary data are used. But here I give preference on secondary data. Most of the data are collected from secondary sources. For collecting data by face to face contact, I have selected university going3.7: Key Information Interview: students, library keepers, computer stores and CD stores. And for collecting data via email contact, I contact with some website authorities who are providing the free software and music, some fashion design house and garments.3.8: Data Analysis and Preparing Model:The data I have collected from various sources are both on the behalf of IPR andagainst IPR. In this case most of them are on the behalf of IPR. Most of the peopleexpress their opinion about intellectual property rights positively. Authors,designers, business and industrial entrepreneurs, and other inventors mentionthat the IPR encourages them to new innovation and provides security to theirexclusive creation that helps them to do long time monopoly business and earnhigh / maximum profit for a certain period of time.Small classes of people express their opinion against IPR in few cases. They areuniversity students, some website owners, software users and some consumers.University students are said that it is not necessary to obey the rules of IPR in thecase of books written by foreign authors for LDCs. Both university students andsoftware users said that the foreign books and software cost high price which isunbearable for the people of LDCs like Bangladesh. The mentioned, in these casespiracy should be permitted. Consumers provide the information that an exclusiveproduct or exclusive designed product of single owner needs high cost because
  • 27. Impact of Intellectual Property Rights | 19they can do monopoly business, if his product or design is copied by others thenthe cost will be fewer.After the above discussion, we can say that the intellectual properties of nationalpeople of a country should be strongly protected by enforcing laws of IPR. Impacts of Intellectual Property Rights Positive Impacts Negative Impacts  Encourage individuals to  Cause of high price innovation  Secure individuals’ IP  Affecting higher education  Promote individuals’ of least developed ability, works and profile countries  Helping the monopoly business  Affecting the technological  Ensure long time and and medical development maximum profits of LDCs  Maintaining quality  Ensure original products  Centralizing new  Helping to identify the innovation desired sources Positive impacts of IPR are more than negative impacts. For protecting the intellectual properties of a country’s people and getting original product intellectual property rights are must be obeyed even in foreign products which must require maintaining slandered of inventor / registered manufacturer for long lasting and well performance like Mobile handset. The expensive foreign product can be pirated when it is necessary to human development of a country like Books and Software piracy.
  • 28. Impact of Intellectual Property Rights | 20 Chapter- 4 Result and DiscussionIntellectual property rights is the core rights of an inventor or author or artist.But the technological development and other relevant problems vastly disturbthese rights in many ways. The rate of braking IP rights in Bangladesh is veryhigh and it increases rapidly. The system of braking IP rights is commonly knownas piracy. Bangladesh is in top position in piracy of software, music, videos andbooks. The books of Bangladeshi author are in generally not pirated, but thebooks of foreign author are vastly pirated. Most of the text books of highereducation are pirated. Bangladesh is in second position in software piracy in theworld, 92% of its software are pirated which market value is US$147 Million.Music piracy is become a major threat for music industries of Bangladesh. Musicpiracy in Bangladesh causes losses of US$180 Million. Only 5% to 10% of thetotal music market consists of legitimate sales. 80% text books in Bangladeshare pirated mainly the text books for higher education, in them 86% are foreignbooks. The market price of these books is US$600 Million.By the side of consumer/ user sectors including students, software user andothers, most of them are not agreed with intellectual property rights. From thesurvey I find that 47% of university students have supported the intellectualproperty rights in the case of text book. Only 2% of software users support IPrights for prohibiting software piracy where 98% software users are supportingsoftware piracy.By the side of inventors or legal manufacturer, all of them are support theintellectual property rights. They expressed that the breach of IP laws causes thehuge loss to them every year. Artists and authors articulated that because of thebreach of IPR, they could not get their expected feedback/benefits for that theysuffer much in their personal life. Manufacturers said that the illegal use of theirdesign and trademarks and brand names causes to impair goodwill and reducingthe profits. Musicians and music production houses gets only 40% of theirexpected profits due to piracy, for that reason lot of music production houses inBangladesh are collapsed in the last decade. On the other hand, dishonest
  • 29. Impact of Intellectual Property Rights | 21persons are illegally using the design, name, trademarks and symbols of manywell-known companies which affect the companies’ feedback, customersatisfaction and deprived from their actual obtaining as well as it deprivescustomers from real products.Intellectual property rights must be obeyed by all people of a country. Breachingof IP rights is a cause of economic fall of any country. The rate of breaching IPR ishigh in Bangladesh which decreases our economic growth and increasing blackmoney in the country.Intellectual property rights protect individuals’ exclusive innovation and theirrights over the innovations. IPR secure one’s intellectual work that encouragesindividuals for new invention, to generate new ideas and enlarges people’sintellectual ability. Intellectual property rights help to economic progress andencourage people to behave as a moral human being. IPR protects the rights ofinventors, manufacturers, suppliers, artists and consumers of goods or services.IPR saves the customers from cheating.The laws of intellectual property rights should be more enforceable inBangladesh for wellbeing of the country and the nation.
  • 30. Impact of Intellectual Property Rights | 22 Chapter- 5 Recommendations and Conclusion5.1: RecommendationsThough violating intellectual property rights provide a few benefits to someselfish people, protecting IP rights is necessary for development of Bangladesh.Following steps should be taken in Bangladesh for protecting intellectualproperty. Introducing the courses about basic concepts of IP rights in colleges and universities of Bangladesh.  People should concern about IP rights. People should reject the pirated products.  Administrative agents like Police, RAB should be active to protect  intellectual properties.  Acts/laws of copyright, patent, trademark and design should be updated. Employing special teams of the members of law forces for the  implementation of the IP laws and training them.  Establishing IP protection court at least in divisional level. Processes of applying for IP rights to be easy and flexible.  Time duration for processing patent, copyright, industrial design rights,  trademarks, trade dress should be minimized. The effects of intellectual property rights are as follows... IPR provides the mental serenity to IP holders. IPR provides security to intellectual property.  Preventing illegal activities.  Ensuring original products.  IP rights should be abided by all people of Bangladesh for economic, social,cultural development of the country.
  • 31. Impact of Intellectual Property Rights | 235.2: ConclusionThe intellectual property is implicated with individuals’ interest as well as acountry’s economical, cultural and historical interests. In Bangladesh, the laws ofintellectual property rights are not applying and abide by properly. So, the piracyrate is high in Bangladesh.The government of Bangladesh is committed to the protection and for thatmatter to the enforcement of the rights of IP holders. With this end, it hasundertaken several measures to strengthen the IP system in Bangladesh. On theone hand, it has taken measures to strengthen the IP Office; on the other it hasalmost finalized updating the existing IP legislating. Work on framing IP laws onutility model and geographical indications have been undertaken.In any initiative to protect and enforce the rights of IP holders, the importance ofpublic awareness and training of the officials of the concerned department canhardly be exaggerated.The preference of IP rights varies in difference cases but, the benefits of IP rightsare much and the protection for intellectual property is a fundamental right of aperson. So, we should obey the intellectual property rights and make them moreenforceable. Bangladesh government should take proper steps for enforcing IPlaws at any situation.
  • 32. Impact of Intellectual Property Rights | 24 Chapter- 6 ReferencesReference: 1. Intellectual Property Licensing: Forms and Analysis, by Richard Raysman, Edward A. Pisacreta and Kenneth A. Adler. Law Journal Press, 1998–2008. ISBN 973-58852-086-9[verification needed] 2. "property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley, Property, Intellectual Property, and Free Riding, Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4. 3. Brad, Sherman; Lionel Bently (1999). The making of modern intellectual property law: the British experience, 1760–1911. Cambridge University Press. pp. 207. ISBN 9780521563635. 4. Article 4 No. 6 of the Constitution of 1867 (German) Hastings Law Journal, Vol. 52, p. 1255, 2001 5. Mark A. Lemley, "Property, Intellectual Property, and Free Riding"(Abstract); see Table 1: 4–5. 6. Mossoff, A. Rethinking the Development of Patents: An Intellectual History, 1550–1800, Hastings Law Journal, Vol. 52, p. 1255, 2001 7. (French) Benjamin de Constant de Rebecque, Collection complète des ouvrages publiés sur le gouvernement représentatif et la constitution constitutionnelle, P. Plancher, 1818, p. 296. actuelle de la France: formant une espèce de cours de politique 8. 1 Woodb. & M. 53, 3 West.L.J. 151, 7 F.Cas. 197, No. 3662, 2 Robb.Pat.Cas. 9. A Brief History of the Patent Law of the United States 303, Merw.Pat.Inv. 414 10. "Property, Intellectual Property, and Free Riding", Mark A. Lemley, Texas Law Review 2007 11. Jewish Law and Copyright
  • 33. Impact of Intellectual Property Rights | 2512. Charles Anthon, A Classical Dictionary: Containing an Account of the Principal Proper Names Mentioned in Ancient Authors, and Intended to Elucidate All the Important Points Connected with the Geography, History, Biography, Mythology, and Fine Arts of the Greek and Romans. Together with an Account of Coins, Weights, and Measures, with Tabular Values of the Same 1273 (Harper & Brothers 1841).13. Art. 2(viii), The Convention Establishing the World Intellectual Property Organization (WIPO), 196714. INTELLECTUAL PROPERTIES: BANGLADESH APPROACH by Md. Milan Hossain. Senior Lecturer, Department of Law, Northern University Bangladesh (NUB, Holding No-13, Road No-17, Banani C/A, Dhaka-1213, Bangladesh.15. PTO website, http://www.uspto.gov/16. Lanham Act - 7(c), 15 U.S.C. - 1057(c)17. Lanham Act - 15, 15 U.S.C. - 1057(c)18. Menell at 69619. http://en.wikipedia.org/wiki/Trade_secret20. http://en.wikipedia.org/wiki/Intellectual_property21. Methodologist (Business model- and startup methodology)22. http://www.dpdt.gov.bd/23. http://www.nationmaster.com/graph/cri_sof_pir_rat-crime-software- piracy-rate24. http://www.weeklyblitz.net/2058/pirated-cd-dvd-selling-openly-in- bangladesh
  • 34. Impact of Intellectual Property Rights | 26 Chapter- 7 Appendices Figure - 1Percentage of agree and disagree with IPR in different cases by the side ofconsumers/users is shown by the following figure. 120% 100% 80% 60% 40% 20% Agree with IPR 0% Disagree with IPR Figure - 2
  • 35. Impact of Intellectual Property Rights | 27Country Map of Research Area: Figure - 3
  • 36. Impact of Intellectual Property Rights | 28 Date: _____/______/2013 QuestionnaireRespondent Type:  Consumer/User  Inventor/Author/Artist/Entrepreneur A survey for Impact of IPR____________________________________________________________________________________________Name: ........................................................................................................................................................Age: ....................... yearsOccupation: .............................................................................................................................................Institution: ..............................................................................................................................................Subject related questionsDo you know about IPR?  Yes  Noa) What is your opinion about IPR in Bangladesh?Ans:...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... .b) What are the importances of IPR in Bangladesh you think?Ass:...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... .c) What are the impacts of IPR in Bangladesh, in your view? Ans:...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... .
  • 37. Impact of Intellectual Property Rights | 29d) How much you obey the IP laws in different situations?Ans:.............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. .e) Do you think IP laws are properly implemented in Bangladesh?  Yeas  No  Considerablef) In what situations you think IP rights are inferior?Ans:...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... .g) What is your suggestion for making IP rights more applicable and moreenforceable?Ans:...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... .h) What steps government should take for protecting intellectual property, youthink?Ans:...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... .
  • 38. Impact of Intellectual Property Rights | 30 Some Symbol of IPR© ®IndicatesCopyright Indicates Registered SM TM Indicates Service Mark Indicates Trade Mark Example of the usages of IPR in Bangladesh Example of Use Logo as Registered Trademark ® Use Font of Letter & Color combination as Trademark
  • 39. Daj.€. zp / 6s /ZOI3 Questionnaire A survey for Impactof IPRRespondent Typ", ffConsu."t/User ! Inventor/Author/Artist/Entrepreneur So/r,r-^n Isb.nAge, ....-?.3.........; years0ccupation: StuJe-nFInstitution:Subiect related questionsDo you know abciut IPR? PfYes I Noal iVhat is your opinion about IPR in Bangladesh?Ans:....Ih.nov..a.Hp.:r .,.....92r..a*&h.L,..?..+!**.1..1f.w,n**m.4.r=y;.....1tY=...1**---..........:. *^on oi.- l?k,b) iVhat are the importances of IPR in Bangladesh you think? br12!t i ^.....T.p...p...p-k*.k.......*-.--4ki^i.i.r..e=......i..**p.vz.Hmr...*.!:.......4*{rr-.%r-,.ie-.}.;.....i!-o-......?-1..-*e-!**.q#...*?t-F.-e/JE.*+^tt*t".t4rrs..;................................:............................-1.e....i.nra*a-cs-..-*.t*3::f lro:.+,..4n*i.*1,......3f:..=*......*Ll=t-h:::*n.f-cJ iVhat are the impacts of IPR in Bangladesh, in your view? Ans: : La-qaz- bt.<in-e-55 o,/r* S-oar-,, Pn-ofu)3 az..-1, t-<ruvi. ^ s j
  • 40. d) How much you obey the IP laws in different situations?Ans:e] Do you think IP laws are properly implemented in Bangladesh? lYeas ENo ffonsiderable0 In what situations you think IP rights are inferior?Ans:g) What is your suggestion for making IP rights more applicable and moreenforceable?Ans: ba- c-oh3L:d?g1 1p ,,--ra<-)e.-el /-a-ws .hJ What steps government should take for protecting intellectual property, youthink?Ans: q:?4t4Tu-t4: 9b.--*4-.,.*n*rl}-.-......f.5-*".....1.P.n*l*lf.*X..........
  • 41. PROFILE OF AUTHORName: Moez Al Azim AnsaryDate of Birth: November 13, 1991Father’s Name: Abdul Hannan AnsaryMother’s Name: Napsun Nahar ChowdhuryPresent and Permanent Address: 68 Payra, Jharnarpar, Dargamahallah, Sylhet,...... .Bangladesh.Occupation: StudentID No: 1101010183Section: DSemester: 7thBatch No: BBA-27thDepartment: Business AdministrationName of Institution: Leading University, Sylhet, BangladeshContact No: +88-01686377284Email: moez.ansary@yahoo.com Thank you