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Intellectual property rights (IPR)

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This presentation provides information on intellectual property rights (IPR) and its other constituents such as copy rights, patents, trade marks, geographical indicators etc.

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Intellectual property rights (IPR)

  1. 1. Intellectual Property Rights (IPR) MyLISA OPENS (Orientation Program for Enthusiasts of NET/SLET Exam) in Library & Information Science November 20, 2013 SBRR Mahajana First Grade College, Jayalakshmipuram, Mysore By Vasantha Raju N. Librarian Govt. First Grade College- Periyapatna vasanthrz@gmail.com
  2. 2. What is Intellectual Property? Intellectual property refers to creations of the mind. Inventions, literary, artistic works; and symbols, names and images used in commerce Source:http://www.wipo.int/portal/en/
  3. 3. What are intellectual Property Rights? • Intellectual property rights (IPR) are like any other property right. • They allow creators, owners of patents, trademarks, or copyrighted works to benefit from their own work or investment in a creation. • The importance of intellectual property rights was first recognized in the – Paris Convention for the Protection of Industrial Property (1883) – Berne Convention for the Protection of Literary and Artistic Works (1886) Source:http://www.wipo.int/portal/en/
  4. 4. Why we need to promote and protect Intellectual Property? Some of the reasons WIPO has given are: - The progress and well-being of human rest on its capacity to create and invent new works in the areas of technology and culture. - the legal protection of new creations encourages the commitment of additional resources for further innovation - the promotion and protection of intellectual property spurs economic growth, creates new jobs and industries, and enhances the quality and enjoyment of life. Source: http://www.wipo.int/portal/en/
  5. 5. How IPR Benefits Common People? • The multibillion dollar film, recording, publishing and software industries – which bring pleasure to millions of people worldwide – would not exist without copyright protection. • Without the rewards provided by the patent system, researchers and inventors would have little incentive to continue producing better and more efficient products for consumers. • Consumers would have no means to confidently buy products or services without reliable, international trademark protection and enforcement mechanisms to discourage counterfeiting and piracy. Source: http://www.wipo.int/portal/en/
  6. 6. Types of IPR Industrial Copyright Patent Trade Marks Industrial Designs Geographical Indications Literary Works Films, Music Artistic Works Architectural Design Source:http://www.wipo.int/portal/en/
  7. 7. What is Patent ? A patent is a exclusive right granted for an invention- a product or process that provides a new way of doing something, or that offers technical solutions to a problem. A patent provides patent owners with protections for their inventions. Protection is granted for a limited period, generally 20 years. Source: http://www.wipo.int/portal/en/
  8. 8. What kind of protects do patent offer? – Patent protect means an invention cannot be commercially made, used, distributed or sold without the owner’s consent. – Patent rights are usually enforced in courts that, in most systems, hold the authority to stop patent infringement. • What rights do patent owners have? – A patent owner has the right to decide who may or may not use the patented invention for the period during which it is protected. – Patent owner may give permission to, or license, other parties to use their inventions on mutually agreed terms. – Owners may also sell their invention rights to someone else, who then becomes the new owner of the patent. – Once a patent expires, protection ends and the invention enters the public domain. Source: http://www.wipo.int/portal/en/
  9. 9. What role do patents play in everyday Life? Patented inventions have pervaded every aspect of human life, from electric lighting (patents held by Edison and Swan) and sewing machines (patents held by Howe and Singer), to magnetic resonance imaging (MRI) (patents held by Damadian) and the iPhone (patents held by Apple). Source: http://www.wipo.int/portal/en/
  10. 10. What kind of inventions can be protected as Patents? • It must be of practical use • It must show an element of “novelty” • The invention must show an “inventive step” that could not be deduced by a person with average knowledge of the technical field. • Its subject matter must be accepted as “patentable” under law. Source: http://www.wipo.int/portal/en/
  11. 11. Patent Acts in India Patents Acts 1856 THE ACT VI OF 1856 ON PROTECTION OF INVENTIONS BASED ON THE BRITISH PATENT LAW OF 1852. CERTAIN EXCLUSIVE PRIVILEGES GRANTED TO INVENTORS OF NEW MANUFACTURERS FOR A PERIOD OF 14 YEARS. 1859 THE ACT MODIFIED AS ACT XV; PATENT MONOPOLIES CALLED EXCLUSIVE PRIVILEGES (MAKING. SELLING AND USING INVENTIONS IN INDIA AND AUTHORIZING OTHERS TO DO SO FOR 14 YEARS FROM DATE OF FILING SPECIFICATION). 1872 THE PATENTS & DESIGNS PROTECTION ACT. 1883 THE PROTECTION OF INVENTIONS ACT. 1888 CONSOLIDATED AS THE INVENTIONS & DESIGNS ACT 1911 THE INDIAN PATENTS & DESIGNS ACT. 1972 THE PATENTS ACT (ACT 39 OF 1970) CAME INTO FORCE ON 20TH APRIL 1972 (1970) 1999 ON MARCH 26, 1999 PATENTS (AMENDMENT) ACT, (1999) CAME INTO FORCE FROM 01-01-1995 2002 THE PATENTS (AMENDMENT) ACT 2002 CAME INTO FORCE FROM 2OTH MAY 2003 2005 THE PATENTS (AMENDMENT) ACT 2005 EFFECTIVE FROM Ist JANUARY 2005
  12. 12. Indian Patent Office and Its Regional Centers • Indian Patent Head Office is located in Kolkata – Indian Patent office has three regional centers located in • Delhi Patent Office (Regional) • Chennai Patent Office (Regional) • Mumbai Patent Office (Regional) Source: http://ipindia.nic.in/
  13. 13. What is Trademark? A trademark is a distinctive sign that identifies certain goods or services as those produced by a specific person or enterprise. For example: Logo of a company or organization Trademarks may be one or a combination of words, letters and numerals Source: http://www.wipo.int/portal/en/
  14. 14. What is Trademarks conti…. • They may consist of drawings, symbols, three- dimensional signs such as the shape and packaging of goods, audible signs such as music or vocal sounds, fragrances, or colours used as distinguishing features. • It 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. Source: http://www.wipo.int/portal/en/
  15. 15. What is Trademarks Conti…. • It helps consumers identify and purchase a product or service because its nature and quality, indicated by its unique trademark, meets their needs. • Registration of trademark is prima facie proof of its ownership giving statutory right to the proprietor. • The initial term of registration of trademark is for 10 years, later it may be renewed time to time. Source: http://www.wipo.int/portal/en/
  16. 16. Chronology of Trademark Related acts in India • The Patents, Designs and Trade Marks Act, 1883 • The Trade Marks Act, 1905 • The Trade Marks (Amendment) Act, 1919 • The Trade Marks (Amendment) Act, 1938 • The Trade Marks Act, 1940 • The Trade and Merchandise Marks Act, 1958 • The Trade Marks Act, 1999 • Trade Mark Registry office in India is located in Mumbai and has four other regional centres : New Delhi, Kolkata, Chennai and Ahmadabad Source: http://ipindia.nic.in/
  17. 17. What is Industrial Design? • An industrial design refers to ornamental or aesthetic aspect of an article (product). • Industrial designs are applied to wide variety of industrial products and handicrafts. – Example: Technical and medical instruments Watches and jewelry, electronic appliances, vehicles, etc. Source: http://www.wipo.int/portal/en/
  18. 18. Industrial Design Act in India • The Design Act, 2000 • The duration of the design is for ten years • The head office is in Kolkata Source: http://ipindia.nic.in/
  19. 19. What is Geographical Indications(GI)? • GI are signs used on goods that have specific geographical origin and possess qualities or reputations that are due to that place of origin. • Agricultural products typically have qualities that derive from their place of production and are influenced by specific local factors such as climate and soil – Example: Nanjanagudu Rasaballe Darjeeling Tea • GI is an exclusive rights given to a particular community hence the benefit of the registration are shared by all members of the community. • The registration of GI comes handy to protect the interest of tribes/communities/skilled artisans Source: http://www.wipo.int/portal/en/
  20. 20. Act for Protecting GI in India • The Geographical Indications of Goods (Registration and Protection) Act, 1999 • Geographical Indications Registry Office -Chennai Source: http://ipindia.nic.in/
  21. 21. Layout Design for Integrated Circuits • Semiconductor integrated circuit means a product having transistors and other circuitry elements, which are inseparably formed on a semiconductor material or an insulating material or inside the semiconductor material and designed to perform an electronic circuitry function. • The Semiconductor Integrated Circuits Layout Design Act- 2000 (SICLD Act) has been enacted to bring Semiconductor Integrated Circuits Layout Design under IPR. • Semiconductor Integrated Circuits Layout-Design Registry(SICLDR) is located at New Delhi.
  22. 22. Copyright • Copyright law grant authors, artists and other creators protection for their literary and artistic creations. Generally referred as “works” • Works covered by copyright include, but are not limited to: novels, poems, plays, reference works, newspapers, advertisements, computer programs, databases, films, musical compositions, choreography, paintings, drawings, photographs, sculpture, architecture, maps and technical drawings. Source: http://www.wipo.int/portal/en/
  23. 23. Rights for Copyright Holders on Their Works • The creators of works protected under copyrights have certain basic rights under copyright law. The right holders can authorize or prohibit – Its production in all forms including print form or sound recording – Its public performance and communication to the public – Its broadcasting – Its translation into other languages – Its adaptation, such as from a novel to a screenplay for a film. Source: http://www.wipo.int/portal/en/
  24. 24. Protection of Copyright • In Indian context copyright lasts for 60 years (counted from the year following the death of the author) • The protection of copyright under WIPO is 50 years (counting from the year following the death of the author)
  25. 25. Fair Dealing/Use of Copyrighted Works – for the purpose of research or private study, – for criticism or review, – for reporting current events, – in connection with judicial proceeding, – performance by an amateur club or society if the performance is given to a non-paying audience, and – the making of sound recordings of literary, dramatic or musical works under certain conditions. – Use of works in libraries, schools and in the legislations Source: http://copyright.gov.in/
  26. 26. Indian Copyright Laws • The Copyright act, 1914 • The Copyright Act, 1957 – Amended in 1983, 1984, 1992, 1994 and 1999, 2012 – The Copyright (Amendment) Act, 2012 • Indian Copyright Registry Office is located in New Delhi
  27. 27. International and Indian Acts which Protects IPR • Berne Convention (1886) • Universal Copyright Convention (UCC)-1952 • Paris Revision of 1971 • Copyright Act 1976 • World Intellectual Property Organization (WIPO)-1967 • WIPO Copyright Treaty (WCT) • WIPO Performances and Phonograms Treaty (WPPT) • The Digital Millennium Copyright Act-1998 • Information Technology Act-2000 • Information Technology (Amendment) Act- 2008
  28. 28. Creative Commons (CC) http://creativecommons.org Creative Commons is a global non-profit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools.
  29. 29. Various Licenses Under CC Attribution CC BY This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of licenses offered. Recommended for maximum dissemination and use of licensed materials. Attribution-ShareAlike CC BY-SA This license lets others remix, tweak, and build upon your work even for commercial purposes, as long as they credit you and license their new creations under the identical terms. This license is often compared to “copyleft” free and open source software licenses. All new works based on yours will carry the same license, so any derivatives will also allow commercial use. This is the license used by Wikipedia, and is recommended for materials that would benefit from incorporating content from Wikipedia and similarly licensed projects.
  30. 30. Various Licenses Under CC Attribution-NoDerivs CC BY-ND This license allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to you Attribution-NonCommercial CC BY-NC This license lets others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don’t have to license their derivative works on the same terms.
  31. 31. Various Licenses Under CC Attribution-NonCommercial-ShareAlike CC BY-NC-SA This license lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms. Attribution-NonCommercial-NoDerivs CC BY-NC-ND This license is the most restrictive of our six main licenses, only allowing others to download your works and share them with others as long as they credit you, but they can’t change them in any way or use them commercially.
  32. 32. Thank you ?

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