Slides of Laws relating to information technology intellectual property

1. LAWS RELATING INTELLECTUAL
PROPERTY RIGHTS
• The property which comes out of the intellect of a person.
• creation of human mind.
• owner may use his property as he wish
• nobody is can unlawfully use his property without
authorization.
• IP law is that area of law which concern legal rights
associated with creative effort.
• law deters other form copying or taking unfair advantage
of the work reputation of any other and provides remedies

2. TYPES OF INTELLECTUAL PROPERTY
• Industrial property
i. Patent: Invention, method, formula, principle(article 23 trips, 20 yrs)
ii. Design: product design, functional and aesthetic feature, packing, getups
etc.
iii. Trademark: sign, picture or word, slogan, colour, drawing, shape, logotype
(Coca-Cola, Kodak, nokia)
iv. Geographical indication: place name to identify the product, which reflect
the speciality of product. (champagne, scotch, pokhara mansuli, apple of
jumla and mustang, leather of Pakistan)
• Copy rights:
i. Literary works
ii. Performances, artistic works,
iii. Musical works

3. Legal Regime of TT under TRIPS
• DEVELOPED COUNTRIES SHOULD TRANSFER
THEIR MODERN SOPHESTICATED TECHNOLOGY
TO LDC’S WHICH SHOULD NOT HARM THE ENV.
& PUBLIC HEALTH, WELFARE & SOCIO-CULTURAL
ASPECTS OF HUMAN BEING. (article 7 and 66.2
of TRIPS)

4. Nepal IPRS laws & TRIPS
• Period of protection of patent: Nepal IPRS 7yrs & Trips 20
yrs
• Periods of protection of design: Nepal IPRS 5yrs & trips
10yrs
• Coverage of exclusive rights: trips includes GI and trade
secrets 7 neglected by Nepal iprs.
• Patentability: not clearly mentioned in Nepal Iprs & clearly
mentioned in Trips article 27
• Enforcement: Iprs ineffective
• Flexibility:

5. What should be done for the effective
protection of IP in Nepal
• Written agreement with right owner.
• Promote the use of original goods.
• Register the IP
• Effective rules & regulations.
• Awareness program.
• Crater should authorize for reuse and agreement for royalty and
give it commercial value.
• Limitation in agreement.
• Effective implementation.
• Clear-cut time period in agreement