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Intellectual Property Rights (IPR) in Engineering


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Intellectual property Rights(IPR) represents the latest in the long list of human created properties that need to be protected from other. Engineering institutions being hub of research and development activitiy have a huge potential create new intellectual property. Hence a basic understanding of themes and types of intellectual property is a must for every stake holder- faculty, student. researcher and R& D units. This presentation covers essentials of IPR and provides a general awareness on its provisions and prescriptions.

Published in: Education

Intellectual Property Rights (IPR) in Engineering

  1. 1. Intellectual Property Rights (IPR) Ravindra Dastikop Ravindra Dastikop
  2. 2. PURPOSE Provide a general awareness and introduction on IPR, its provisions  Ravindra Dastikop
  3. 3. AGENDA ● Meaning and Forms of Intellectual property ●Competing rationale for protection ●Means of Protection ○ International convention ○ World Court   Ravindra Dastikop
  4. 4. Who is the audience? Ravindra Dastikop
  5. 5. Audience ● Engineering Faculty ● Engineering students ● research scholars
  6. 6. Why this webinar ? Ravindra Dastikop
  7. 7. The Academic Reality ● Faculty, staff and students of engineering colleges are engaged in Research & Development work of diverse nature. ○ Project work, Ph.D Ravindra Dastikop
  8. 8. The Result ● Many of these activities lead to evolution of intellectual property (IP) in the form of ● patents, know-how, copyrights, designs, instruments, devices, processes, specimens, software and other inventions Ravindra Dastikop
  9. 9. The Benefit ● These can be commercially exploited either with or without registration under the Patents Act/Copyright ● Such a commercial exploitation can be of considerable socio-economic benefit to the country. ● The Institutes, therefore, encourages the protection and licensing of such IP to organisations which can effectively utilise the same for commercial exploitation. ● This would yield financial returns to the Institute, and partially support the R&D efforts. Ravindra Dastikop
  10. 10. What is IP? ● Intellectual property or IP is a new category of property.  ● IP is handiwork of creative mind. ● It takes the form of an inventive solution or a means to harness an opportunity or overcome a problem  Ravindra Dastikop
  11. 11. What is IPR? ● Intellectual property Rights (IPR) are legally awarded ownership rights to inventors. ● They provide them exclusive rights. ● It is similar to rights of a piece of land or some other property such as a vehicle Ravindra Dastikop
  12. 12. Forms of Intellectual Property ●Copyrights ●Patents ●Trademarks ●Designs ●Integrated circuits ●Geographical indicators ●Trade secrets   Ravindra Dastikop
  13. 13. Forms of Intellectual Property   Ravindra Dastikop
  14. 14. Importance of IP Intellectual properties are today's economic engines. Idea-based products are creating wealth for companies and countries. Examples: chemical formula used in a drug algorithm used in search engine Ravindra Dastikop
  15. 15. What is IP education? IP education is concerned about creating awareness and appreciation of IP regime; its promises, potentials and associated responsibilities Ravindra Dastikop
  16. 16. Stages of IP Education ●Basic IP Education ●IP education for Practice (professionals) ●IP Education and Laws Ravindra Dastikop
  17. 17. What does IP education consist of? ● IP education  consists  ○ educating about nature of IP, ○ its classification  ○ legal framework (IPR ) to own and protect it Ravindra Dastikop
  18. 18. Why should one have IP education?  ● Economy is driven by idea-based products ( software, music) ●Globalization is increasing international trade ●Scope people interacting with IP is increasing (business, R& D, designers) ●National heritages coming under IP domain - Yoga     Ravindra Dastikop
  19. 19. Origin and evolution of IP Since early days humans have been using ideas for facing challenges and harnessing opportunities. However, ideas or idea based products, services have today come to forefront and are shaping both business and social life. Ravindra Dastikop
  20. 20. You May Ask Question Now Interaction Time Ravindra Dastikop
  21. 21. Competing rationale for protection ●Business environment is competitive sometime even hostile ●IP have a key role to play economic development ●protection and promotion of IP contribute heavily to economic and industrial developments ( developed world)     Ravindra Dastikop
  22. 22. Value of IP- social perspective ● Protection of IP has ○  opened up new frontiers in every human fields ○  helped inventions ○ promoted technologies ○ multiplied production of goods ○ Globalised markets ○ spread better living standards across the world ○ promote transfer of technology   Ravindra Dastikop
  23. 23. Value of IP: Inventor perspectives ●guarantee inventors and authors rights in the commercial exploitation ●Limited duration monopoly ( 20 years for inventions) ● inspires other go beyond current level of inventions ○improvements ○other directions in research & technology Ravindra Dastikop
  24. 24. IP rights: Dimensions Provides rights to inventors or authors protects these rights from infringements by enforcing heavy fines and punishments eg: i4i and Microsoft case      Microsoft is fined a huge amount for infringing i4i's patents on some XML Ravindra Dastikop
  25. 25. Benefits of IP ● IP ownership is an incentive for inventors ● IP protection is a challenge for competitors ● Competition tries to "own" something new or finds improvements in existing products or services ○ eg. Google has a search algorithm ○ others of trying to find better algorithms ● "pushing forward" tendency creates more competition and more products and services ● Thus entire society benefits Ravindra Dastikop
  26. 26. How do your ownership is protected around the globe? Ravindra Dastikop
  27. 27. International Conventions ●International conventions ●World court       Ravindra Dastikop
  28. 28. International Conventions International convention is needed to operate at global level ● Challenge ● countries have ○ different legal systems ○ different interests ○ at different state of progress ●  Solution ○ agreements among group of nations and between two or more nations ○ Such agreements are "International Conventions" Ravindra Dastikop
  29. 29. GATT - 1995- now WTO Came into being from 1-1-1995 India is a signatory IP rights are covered under this Signatory country must abide by ●  Paris Convention- for industrial property - patent and design ● Berne Convention - literary and artistic works ● Rome convention - protection of performers and phonograms ● Washington Convention - Integrated circuits ●  Geneva Convention- plant variety         Ravindra Dastikop
  30. 30. Nation's Responsibility ●Each nation must implement the provisions of conventions in their territory and adhere to them ●should not discriminate between nationals of other nations and their own citizens in implementing provisions of conventions   Ravindra Dastikop
  31. 31. World Court ● Established in 1945 by UN as a mechanism to settle international disputes ● It is also called International court of Justice and is based in the Hague, the Netherlands. ● World court comes into picture when ○ countries in dispute agree to refer the case to it ○ one country has a right to approach the world court against another country ○ states may agree is jurisdiction Ravindra Dastikop
  32. 32. World Court Composition and working ● 15 judges ● Nine Judges constitute a quorum ● Judges are elected by majority of security council ● Not more than one judge from a nation Power and authority ● The law adopted by World Court comprises of principles recognised by International law of civilized nations ● Looks to rules, laws and terms of agreements ● Judgements of world court can not be touched by any member state Ravindra Dastikop
  33. 33. You May Ask Question Now Interaction Time Ravindra Dastikop
  34. 34. FORMS OF IPR This section discusses different IPR Types Ravindra Dastikop
  35. 35. Forms of Intellectual Property ●Copyrights ●patents ●Trademarks ●Designs ●Integrated circuits ●Geographical indicators ●Trade secrets   Ravindra Dastikop
  36. 36. COPYRIGHT This section discusses about one kind of IPR called copyright.  Ravindra Dastikop
  37. 37. Copyrights ● Meaning of copyright, ● content of copyright, ● ownership and rights, period of copyright ● assignment and relinquishment of copyright, ● license, infringement of copy right, ● fair use, offenses and penalties ●   Ravindra Dastikop
  38. 38. COPYRIGHTS- meaning Meaning of Copyright ●Copyright is a form of IPR ●It protects the rights of authors ●Originally it covered only books, but it is extended to cover other creative works such as music, software     Ravindra Dastikop
  39. 39. COPYRIGHTS- definition Definition of Copyright ●Copyright creates in the author an exclusive right to produce, reproduce, publish and perform his work in all ways known and possible   Ravindra Dastikop
  40. 40. Nature of copyright ● Copyright is given with or without any kind of registration of work i.e author gets copyrighted as soon as he creates his work ● However, registration of work is recommended as it gives certified extract which can be used as evidence in case of disputes ● It also helps author to assign rights to others- such as publishers etc ● Courts will make immediate orders when copyright extract is produced ● It is useful document for succession issues also Ravindra Dastikop
  41. 41. Content and substance of Copyrights ● As per copyright law, the following can be copyrighted ○ original literary, dramatic, musical and artistic work ○ cinematograph films ○ sound recordings  ● Rights allow author to ○ reproduce work in any form ○ publish the work ○ perform in public place ○ translate the work ○ broadcast/telecast ○ adapt the work    Ravindra Dastikop
  42. 42. Copyright: Ownership Ownership: Primary and special rights obligations ● Author is the first owner of the work ● He has the right to produce, publish,adapt and translate ● Making copy on digital media is also vested with author ● However, author can assign ownership to other such as publisher, performer ● Assignment must be in Written Form ● This is also true of licence   Ravindra Dastikop
  43. 43. Assignment of Copyrights ● Author may assign one or more of his copyrights in one or more forms. ○ Terms of assignments have to be drafted carefully ○ Assignment is for a period for five years unless stated otherwise. ○ It lapses if not used within one year ● Assignment may be limited by geography/language ■  books to be sold in India only ● Relinquishment of copyright ○  Author may sell his copyright and relinquish his rights altogether Ravindra Dastikop
  44. 44. Copyright- Licence ● Licence gives a particular kind of right to a copyrighted work without giving up the ownership ● It is usually given for a specified function ○ to publish in a region ● Care must be taken to protect author while drafting a licence ● In case either the owner or assignee or licencee fails to publish a work which has a demand, then copyright board can assign rights to someone to publish the work- this is called compulsory licence. Ravindra Dastikop
  45. 45. Copyright- REGISTRATION Registrar of copyright and copyright board ●  The formal agencies for administering copyrights are ○ Registrar of Copyrights ○ Copyright board ● The registrar of copyright is responsible for registration of work and maintaining registration details ○ name of author, address details ○ Title  of work, language,year and location of publication ● Author must make an application for the registration of the work ( This is not Mandatory) Ravindra Dastikop
  46. 46. Copyrights Infringements of Copyright ● Infringement is act by any person other than the author doing something that is allowed legally only to the author ○ publishing a book without assignment or licence ● Infringement may occur in many forms. It covers ○ Literary works ○ dramatic works ○ Musical works ○ Photographs ● Infringement can also happen with ○ broadcasting ○ computer software Ravindra Dastikop
  47. 47. Copyrights: Defence against Infringements ● Unconscious infringements ○ displaying the photograph bought ○ composing a music which is similar to existing one is an act of infringement ● Innocent infringements ○ dealing with copyright works without knowing that they are so Ravindra Dastikop
  48. 48. Copyright: fair use ●Fair use an act of using a copyrighted material that does not amount to infringement ○using copyrighted material for research, teaching, review etc Ravindra Dastikop
  49. 49. Copyright: fair use Ravindra Dastikop
  50. 50. Copyright: fair use Ravindra Dastikop
  51. 51. Copyright:Remedies against Infringements ● Remedy is a legal means to protect copyrights. They are ○ Civil remedies ■ suit for injunction ■ suit for damages ○ Criminal remedies ■ author can file a case for legal relief as and when someone infringes his copyright ○ Administrative Ravindra Dastikop
  52. 52. Copyrights:Offences and Penalties ●Every infringement is punishable. Hence it becomes an offence and may attract punishment and/or penalty   Ravindra Dastikop
  53. 53. You May Ask Question Now Interaction Time Ravindra Dastikop
  54. 54. PATENTS This session discusses about one kind of IPR called patent   Ravindra Dastikop
  55. 55. Concept of patent ●Patent is a state grant- in the name of inventor ●It has a time period - usually 20 years ●Patent is a privilege for ○making, manufacturing, selling or using the invention and right to authorize others to do Ravindra Dastikop
  56. 56. Patents : Purpose & Policy ● Encourage research and promote inventive genius ● to secure for inventors awards for inventing ● to provide inventors a monopoly for commercial exploitation of the invention ● maintain flow of inventions ● to generate and promote scientific temper Ravindra Dastikop
  57. 57. Patents: Application Applications of patents: The following persons can make application for patent ●person claiming to be the true and first inventor of the invention ●the assignee of the inventor ●legal representative of the deceased person who immediately before his death was entitled to make such application Ravindra Dastikop
  58. 58. Patent patentable inventions ● Patent is issued only such of those inventions which are new and novel and have commercial value  ● Invention must not be known earlier ● It must have usefulness   Inventions: ● art,process,method or manner of manufacture ● machines, appliances and other articles ● substances produced by manufacture     Ravindra Dastikop
  59. 59. Patents Publication and public use ●Publication of an invention is the announcement to the public about the invention  ●If invention is known earlier and is in use- it amounts to prior knowledge Ravindra Dastikop
  60. 60. Patent Procedure for obtaining patent ●Patent is obtained through application ●Application must be thorough and comply with all the requirements specified in the rules. ●Stages of procedure ○First stage: Office objections ○Granting of patent ○Post-grant hearing ○Final order ○ Ravindra Dastikop
  61. 61. Patent Opposition ●Any one can oppose patent ●A notice of opposition in triplicate shall be sent by the objector to the controller within four months of publication ●Grounds for opposition ○wrongly obtained invention ○invention is already published Ravindra Dastikop
  62. 62. Patent Grant of patent ●Once the controller makes the order for granting patent, the applicant has to make an application for the issue of patent and for sealing it. ●The date of sealing is relevant for the purpose of calculating the term of patent Ravindra Dastikop
  63. 63. You May Ask Question Now Interaction Time Ravindra Dastikop
  64. 64. Patents ● Rights and obligations of patent holders ● Infringements & remedies ● Offenses and Penalties ● Ravindra Dastikop
  65. 65. TRADEMARK This section discusses about one kind of IPR called Trademark.  Ravindra Dastikop
  66. 66. Trademarks ●Why trade marks ●Definition and conception ●What can be registered as TM ●Application and Granting of TM Ravindra Dastikop
  67. 67. Trademarks: Why ●Trade mark is for a company what name is for an individual ●It represents "personality" of the company ●Name, reputation, expectation are all part of a trademark ●It establishes "distinctiveness" for the products and service ○eg BBC Ravindra Dastikop
  68. 68. Uses of Trademark ● Trademark guarantees consistency in quality of goods and services ● It allows companies to introduce "new" products with little effort ○ eg. Rajeshree Films ●For a consumer, it simplifies purchasing decision     Ravindra Dastikop
  69. 69. Trademark: Definition & Conception ● Form ○ Trade mark in its physical form is a symbol ○ It can be label affixed to a product or service- hologram ○ It can be embossed or integrated into product ●  Content ○ name, signature, word, letter, numeral or any combination ● Appearance ○ distinctiveness Ravindra Dastikop
  70. 70. Trademark: Examples Ravindra Dastikop
  71. 71. Registering Trademark: Procedure and advantages ● Like copy right, registration of trademark is not compulsory. Howver, like in case of Copyright, the registration of trademark provides some advantages ○ helps owner to establish title on it ○  It protects owner against un-authorised infringements  by others ○ helps owner to negotiate with other business and government for commercial agreements Ravindra Dastikop
  72. 72. What can not be registered as TM ● non-distinct words or symbols ● common words ( in common use) ● A square can be trademark for any product or service but it can not be trademark for a product which is SQUARE in shape ● Trademarks that offends community or religious sentiments can not be a TM     Ravindra Dastikop
  73. 73. Application for Trademark ● Before applying for TM, it is necessary for the applicant to make necessary check of existing TM to avoid duplication ●  Application form must be submitted in "prescribed" form to " Registrar of Trademarks" with prescribed Fees   Ravindra Dastikop
  74. 74. Procedure of registration ● upon receipt of application, the registrar of TM issues an acknowledgement ● It begins a search for any earlier TM ● In case not found, it allots the trademarks ● It may also suggest changes, in shape, color etc ● The applicant gets a notice for grant of TM ● Once granted, it is open for public challenge ● TM is issued for a period of 10 years and it needs RENEWAL ●  Ravindra Dastikop
  75. 75. Industrial Designs ●Definition of a design ●procedure for registeration ●rights conferred by registration ●Infringements Ravindra Dastikop
  76. 76. Industrial Design: Meaning and Definition ● Industrial design is a kind of IPR ● It is applied to a wide variety of products and service such as items of ○ handicrafts ○ watches ○ jewellery ○ fashion ○ luxury items Ravindra Dastikop
  77. 77. Industrial Design: Examples ● Ravindra Dastikop
  78. 78. Industrial design: Procedure for registration ● Application has to made in prescribed form ● Different applications for single or set of items ● Application must be done 4 copies-  and accompanied by drawings, photographs, tracings or specimans ● Industrial design can be applied under 14 categories Ravindra Dastikop
  79. 79. Granting of Industrial design ● Upon the receipt of application , the office makes a compliance study ● Upon acceptance, industrial design is automatically registered. ● Any application for cancellation from third party has to be made within one year Ravindra Dastikop
  80. 80. Industrial design: Infringement ● Unauthorised use of Industrial design is termed as " piracy" ● Infringement is caused in the following ○ use of Industrial design on a product of similar category for which it is issued ○ wrongful application for "imitation " products Ravindra Dastikop
  81. 81. You May Ask Question Now Interaction Time Ravindra Dastikop
  82. 82. Summary
  83. 83. Conclusions ● IPR is an important tool for protecting our academic and research results ● A basic knowledge and practice of IPR provisions is a MUST for all concerned. ● IPR is a techno-legal-commercial in nature and hence needs expert advice Ravindra Dastikop
  84. 84. Contact Information Visit email: Ravindra Dastikop