discussion on Intellectual Property Right (IPR) and its different aspects

1. 10th October, 2020
Dr. Sudipta Biswas
Librarian
Ramakrishna Mission Vivekananda
Centenary College,
Rahora, Kolkata- 700118

2.  Intellectual property (IP) is a category of property
that includes intangible creations of the human
intellect, and primarily encompasses copyrights,
patents, and trademarks.
~ Wikipedia

3.  IP is also includes other types of rights, such as trade
secrets, publicity rights, moral rights, and rights
against unfair competition.
 Artistic works like music and literature, as well as some
discoveries, inventions, words, phrases, symbols, and
designs, can all be protected as intellectual property.
~ Wikipedia

5.  Copyright is a legal right, existing globally
in many countries, that grants the creator of
an original work exclusive rights to
determine and decide whether, and under
what conditions, this original work may be
used by others.
 This is usually only for a limited time.
 The exclusive rights are not absolute but limited
by limitations and exceptions to copyright law,
including fair use.
~ Wikipedia

6.  The primary goal of copyright law is to protect the
time, effort, and creativity of the work's creator. As
such, the Copyright Act gives the copyright owner
certain exclusive rights, including the right to:
 Reproduce the work
 Prepare "derivative works" (other works based on
the original work)
 Distribute copies of the work by sale, lease, or
other transfer of ownership
 Perform the work publicly
 Display the work publicly

7.  The copyright owner also has the right to authorize other
people to do any of the rights mentioned above.
 The copyright owner has the option and ability to transfer
his or her exclusive rights -- or any subdivision of those
rights -- to others as well.
 If an author or artist creates a work for a company or
in the course of his or her employment, the creator is
usually not the copyright owner. This situation is
known as a "work made for hire," and it gives
copyright ownership to the employer or person who
commissioned the work

8.  The Copyright Act 1957 governs the subject of
copyright law in India. The Act is applicable
from 21 January 1958.
 The Copyright Act 1957 was the first post-
independence copyright legislation in India and
the law has been amended six times since 1957.
 The most recent amendment was in the year
2012, through the Copyright (Amendment) Act
2012.
~ Wikipedia

9.  The history of copyright law in India can be traced back
to its colonial era under the British Empire.
 Prior to 21 January 1958, The Indian Copyright Act,
1914, was applicable in India and still applicable for
works created prior to 21 January 1958, when the new
Act came into force
 (the Copyright Act of 1911 passed by the Parliament of the
United Kingdom as modified in its application to India by the
Indian Copyright Act, 1914)
~ Wikipedia

10. ~ Wikipedia

11.  Copyrights of works of the countries mentioned in
the International Copyright Order are protected in
India, as if such works are Indian works. The term
of copyright in a work shall not exceed that which
is enjoyed by it in its country of origin.
 For further information on 1957 & 1991 acts please
visit the links below:
 http://www.advocatekhoj.com/library/bareacts/copyright/index.php?Title=Copy
right%20Act,%201957
 http://www.wipo.int/wipolex/en/text.jsp?file_id=128101
~ Wikipedia

12. https://en.wikipedia.org/wiki/List_of_countries%27_copyright_lengths

13.  Not every use of a copyrighted work is considered
infringement. Fair Use is an exception that
permits limited use of copyrighted material
without acquiring permission from the rights
holder. Typically, fair use includes categories such
as criticism/parody, comment, news reporting,
teaching, scholarship, and research.

14.  When determining whether fair use exists, courts
look to whether the use is transformative by
examining four factors:
 The purpose and character of the use, including
whether such use is of a commercial nature or is for
nonprofit educational purposes;
 The nature of the copyrighted work;
 The amount and substantiality of the portion used in
relation to the copyrighted work as a whole; and
 The effect of the use upon the potential market for or
value of the copyrighted work

15.  Right to quote or right of quotation or quotation
right is one of the copyright exceptions provided
by the Berne Convention, article 10:
 "It shall be permissible to make quotations ... provided
that their making is compatible with fair practice, and
their extent does not exceed that justified by the
purpose". With different language, it was already
present in the 1908 revision of the treaty.
(The Berne Convention for the Protection of Literary and
Artistic Works, usually known as the Berne Convention, is an
international agreement governing copyright, which was first
accepted in Berne, Switzerland, in 1886.
(https://en.wikipedia.org/wiki/Berne_Convention )
~ Wikipedia

16.  The public domain consists of all the creative
works to which no exclusive intellectual property
rights apply.
 Those rights may have expired, been forfeited,
expressly waived, or may be inapplicable.
 For example, the works of Shakespeare and
Beethoven, and most early silent films are in the
public domain either by virtue of their having been
created before copyright existed, or by their
copyright term having expired.
~ Wikipedia

17.  Perpetual copyright can refer to a copyright
without a finite term, or to a copyright whose finite
term is perpetually extended.
 Reuse of Crown-copyrighted material, through
new licenses
 Crown copyright is a form of copyright claim used
by the governments of a number of
Commonwealth realms.
 E.g. A perpetual crown copyright is held for
the Authorized King James Version of the Bible in the
UK
~ Wikipedia

18.  A patent is a form of intellectual property. A patent
gives its owner the right to exclude others from
making, using, selling, and importing an
invention for a limited period of time, usually
twenty years.
 The patent rights are granted in exchange for a
detailed public disclosure of the invention. People
who are employed to do research are often
obligated by their employment contracts to assign
inventions to their employer.
~ Wikipedia

19.  The Indian Patent Office is administered by the Office
of the Controller General of Patents, Designs & Trade
Marks (CGPDTM). This is a subordinate office of the
Government of India and administers the Indian law of
Patents, Designs and Trade Marks.
 Amendments (in 1999, 2002, 2005) were necessitated
by India's obligations under TRIPS, allowing product
patents in drugs and chemicals.
 Indian Patent Rules were amended in
2003,2005,2006,2012,2013,2014 & 2016.The 2006
amendment of rules introduced reduced time lines and
a fee structure based on specification size and number
of claims, in addition to a basic fee.
~ Wikipedia

20. http://www.ipindia.nic.in/

21.  A trademark, trade mark, or trade-mark is a
recognizable sign, design, or expression which
identifies products or services of a particular
source from those of others
 The trademark owner can be an individual,
business organization, or any legal entity.
 A trademark may be located on a package, a label,
a voucher, or on the product itself.
 A service mark or servicemark is a trademark used
in the United States and several other countries to
identify a service rather than a product
~ Wikipedia

22.  Trade dress is a legal term of art that generally
refers to characteristics of the visual appearance of
a product or its packaging (or even the design of a
building) that signify the source of the product to
consumers.
 In India the new Trade Marks Act, 1997, which
came into force in September 2003 introduced a
new legal definition of a trade mark, which, in
part, encompasses almost all the elements of trade
dress as defined by the US law
~ Wikipedia

23.  A trade secret is a formula, practice, process, design,
instrument, patter, commercial method, or
compilation of information not generally known or
reasonably ascertainable by others by which a
business can obtain an economic advantage over
competitors or customers. In some jurisdictions, such
secrets are referred to as confidential information.
 is not generally known to the public;
 confers economic benefit on its holder because the
information is not publicly known; and
 is the subject of reasonable efforts by the holder to
maintain its secrecy.
~ Wikipedia

24.  Contrary to patents, trade secrets are protected
without registration, that is, trade secrets are
protected without any procedural formalities.
Consequently, a trade secret can be protected for
an unlimited period of time.
 The information must be secret (i.e. it is not generally
known among, or readily accessible to, circles that
normally deal with the kind of information in question).
 It must have commercial value because it is a secret.
 It must have been subject to reasonable steps by the
rightful holder of the information to keep it secret (e.g.,
through confidentiality agreements).

25.  A geographical indication (GI) is a name or sign used
on products which corresponds to a specific
geographical location or origin (e.g. a town, region, or
country). The use of a geographical indication, as a
type of indication of source, may act as a certification
that the product possesses certain qualities, is made
according to traditional methods, or enjoys a certain
reputation, due to its geographical origin.
 Appellation of origin is a subtype of geographical
indication where quality, method and reputation of a
product strictly originate from the delineated area
defined under its intellectual property right registration.
~ Wikipedia