Intellectual property Rights By Himaja 09114 Navya 09127 Roopak 09137 Sharmila 09143 Swati 09150 Mohit 09226
Introduction •Intellectual property refers to the creation of mind •Rights associated with intellectual property which gives legal protection is referred to as IPR
Introduction….• Industrial designs• Scientific discoveries• Protection against unfair competition• Literary, artistic and scientific works• Inventions in all fields of human endeavor• Performances of performing artists, phonograms and broadcasts• Trademarks, service marks and commercial names and designations• All other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.20 August 2012 Intellectual property Rights 3
Classification of IPR IPR Broadcasting Intellectual Property Music Patents Dramatics Works Trademarks Copyright Literature Sound RecordingIndustrial Design Works of Art Geographical Computer Programs Indications 20 August 2012 Intellectual property Rights 5
IP adds value at every stage of the innovation and commercialization process Patents / Trademarks, Utility Models Ind. Designs, Industrial Designs Trademarks Geo. Indications All IP rights Invention Commercialization Marketing Financing Product Design ExportingLiterary / artistic Licensing creation Copyright All IP rights
Different Acts governing IP assets The Trade Marks Act, 1999 Trade Marks The Patents Act, 1970 Patents The Copyright Act, 1957 Copyright The Designs Act, 2000 Designs The Geographical Indications Geographical Indications Of Goods Act, 1999 The Protection of plant varieties and Plant Varieties Farmers’ Right Act, 2001 Semi conductor IC layout design Semi conductor IC layout Act,200020 August 2012 Intellectual property Rights 7
IP- Duration of Term of Protection• Patents (14 years)• Trademarks (10 years + renewals)• Copyrights in published literary, dramatic, musical, and artistic works (Lifetime of author +60 years).• Copyright in photographs ,cinematographic film, sound recordings – (60 years from year in which it was published)• Broadcast reproduction right-(25 years from the beginning of the calendar year next following the year in which the broadcast is made.)• Performers right-(25 years from the beginning of the calendar year next following the year in which the performance is made)• Industrial designs (10 years+ renewal permitted once for 5 years )• Trade-secrets and know how collectively “proprietary technology” (contract period-protected by contract provisions, doctrine of breach of trust) 20 August 2012 Intellectual property Rights 8
A patent is an exclusive right granted by a country tothe owner of an invention to make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law.
Patent Infringement Kind of Infringement Relief• Where any person threats Section 106. Court has the power to grant following relief in cases of groundless threats of infringement any other person with proceedings: proceedings for A declaration to the effect that the threats are infringement of a patent. unjustifiable.• The colorable imitation of An injunction against the continuance of the an invention. threats and Such damages, if any, as he has sustained thereby.• Immaterial variations in the Section 108-The relief which a court may grant in any invention. suit for infringement includes an injunction and at the• Mechanical equivalents. option of the plaintiff, either damages or an account of profits.• Taking essential features of In brief, the relief which may be awarded in a suit for the invention. infringement are- Interlocutory/interim injunction. Damages or account of profits. Permanent injunction. 10
Remedies for Patent Infringement• An injunction to prevent further infringements that led to the dispute in the first instance;• damages to compensate for loss suffered as a consequence of the infringement or an account of profits made by the infringer as a result of the infringement;• an order that the infringing articles that are the subject of the dispute be destroyed or delivered up;• a declaration that the patent was valid and infringed
Coverage provided by copyright• Literary, dramatic and musical work. Computer programs/software are covered within the definition of literary work.• Artistic work (author’s life + 60 years)• Cinematographic films, which include sound track and video films (60 years from the beginning of the calendar year following the year in which the work was published)• Recording on any disc, tape, perforated roll or other device.• Broadcasting (25 years from the beginning of the calendar year following the year in which the broadcast was made).20 August 2012 Intellectual property Rights 12
Violation of copyright • (a) In the case of literary, dramatic or musical work, not being a computer program----- – to reproduce the work in any material form including the storing of it in any medium by electronic means; – to issue copies of the work to the public not being copies already in circulation; – to perform the work in public, or communicate it to the public; – to make any cinematography film or sound recording in respect of the work; – to make any translation of the work; to make any adaptation of the work;20 August 2012 Intellectual property Rights 13
Violation of copyright• (b) in the case of computer program – – to sell or give on hire, or offer for sale or hire any copy of the computer program, regardless of whether such copy has been sold or given on hire on earlier occasions;• (c ) in the case of an artistic work – – to reproduce the work in any material form including depiction in three dimensions of a two dimensional work or in two dimensions of a three dimensional work; – to communicate the work to the public; – to issue copies of the work to the public not being copies already in circulation; – to include the work in any cinematography film . – to make any adaptation of the work;20 August 2012 Intellectual property Rights 14
Violation of copyright• (d) in the case of a cinematography film – – to make a copy of the film including a photograph of. any image forming part thereof; – to sell or give on hire or offer for sale or hire, any copy of the film, regardless of whether such copy has been sold or given on hire on earlier occasions; – to communicate the film to the public;• (e) in the case of sound recording – – to make any other sound recording embodying it; – to sell or give on hire or offer for sale or hire, any copy of the ,sound recording, regardless of whether such copy has been sold or given on hire on earlier occasions; – to communicate the sound recording to the public;20 August 2012 Intellectual property Rights 15
Trade Marks•Features of the Trade Mark in India•Procedure of Trade Mark in India•Types of Trade marks•Advantages
IPR in India• India has defined the establishment of statutory, administrative, judiciary frame work for protecting IPR .• IPR are strengthening day to day• Government has passed a legislation under the trade related aspects of IPR, to protect them world wide.
Continued…• Trade and merchandise Act 1958 was replaced with Trade MarksBill 1999• Copy Right Amendment Act was signed on 30th Dec 1999• The Sui generis legislation was and named as Geographical indications of good by Indian Government in 1999• Industrial Designs Bill Act 1999 replaced the then existing designs Act 1911
Indian patent act2005• This is the third amendment of patent act.• The most significant feature of this amendment is the introduction of product patent.• This deals with the availability of medicines, agricultural seeds and their prices.• It gives exclusive rights to the manufacturer.
Steps taken by Indian pharmaceutical companies• They realized the importance of R&D• It is impossible to survive in post patent period.• Most of the Indian companies increased their expenditure on R&D by 7-10%
Steps of Indian Govt Towards Protecting IPR• Distributed copy right law for free of cost.• Special cells for copy right enforcement have set up in 23states and union territories.
Advantages of IPR• Exclusive rights to the inventor /owner of the property• It provides legal protection to their property• Rights provided under IPS also helps in Socio economic Development of the individual