related to professional practices

1. ASSIGNMENT NO: 01
TOPIC: ESSAY ON
INTELLECTUAL COPYRIGHTS
SUBMITTED TO: MAM
FAKEEHA
SUBMITTED BY: MARIA
NAEEM
ROLL NO: 02
BS(CS) SEMESTER 3RD
GOVT. POST GRADUATE
COLLEGE FOR WOMEN
EIDGAH ROAD FAISALABAD

2. INTELLECTUAL COPYRIGHT
An intellectual property right pertains to any original creation of the human
intellect such as artists, library, technical or scientific creation. Intellectual
Property Rights refers to the legal rights given by the state to the
inventor/creator to protect his invention/creation for a certain period of time.
These legal rights confer an exclusive right to the inventor/creator or his
assignee to fully utilize his invention/creation for a given period of time.
Intellectual property rights illustrate the nation’s ability to translate knowledge
and thereby creating social good and wealth through innovations. These
innovations hold the key to any nations’ prosperity as well as processing of
knowledge. It is very well settled that intellectual property play a vital role in
the modern economy
Intellectual property rights as a collective term, according to the Trade Related
Intellectual Property Rights (TRIPS) Agreement, include the following
independent (IP) rights namely, Intellectual Property
 What is intellectual property?
Intellectual property refers to any intellectual
creation, such as literary works, artistic works, inventions, designs, symbols,
names, images, computer code, etc.
Intellectual property law exists in order to protect the creators and covers areas
of copyright, trademark law, and patents.
Thus, intellectual property is an umbrella term encompassing
both copyright and industrial property, such as trademarks, patents, and
inventions.
 What is copyright?
Copyright is a form of intellectual property.
The U.S. Copyright Office defines copyright as

3.  A set of exclusive rights awarded to a copyright holder or owner for an
original and creative work of authorship fixed in a tangible medium of
expression.
 A limited statutory monopoly that gives a copyright holder the sole right
to market a work for a limited period of time.
 Copyright also includes exemptions that permit a user of the copyright-
protected work the right to exercise an exclusive right without
authorization or royalty payment under certain conditions.
Copyright includes literary and artistic works, such as
 Novels, poems, plays, and films
 Musical works
 Artistic works, such as drawings, paintings, photographs, and sculptures
 Architectural designs
As I begin this narrative, readers will have to understand that I have been and
always will be a Trekkie. The very first movie I was ever taken to see was Star
Trek III: The Search for Spock. I was six months old and I did nothing but
scream the entire time, but the fascination has nonetheless been there my entire
life, and there is no twelve-step program to help me recover. That having been
said, you might have some degree of understanding when I say that Viacom’s
attempts in 1997 to eliminate all use of copyrighted material on fan sites,
ranging from still pictures to movie and sound clips to the logos themselves,
was war for me. For Viacom, the issue was that these copyrighted images were
used at all. This spawned a whole host of further crackdowns and lawsuits in
similar kingdoms of fanatics across the web.
The situation I just described to you, while probably not the best example of the
internet’s general abuse of intellectual property, is one of the earliest examples.
Proper accreditation and documentation is a widespread problem on the
internet, particularly now that the internet has grown in use and popularity. The
internet hosts websites that directly violate the concept of intellectual property
in ways that no other tool ever can. If copyrighted graphics or sound appear on
any website trying to convey a message, particularly if these are recognizable to
an average member of the site’s target audience, the validity of that argument is
subconsciously undermined by the unaccredited presence of someone else’s
ideas.
Patents, Copyrights, Trademarks, Registered (industrial) design, Protection of
IC layout design, Geographical indications, and Protection of undisclosed
information.

4. These are different forms of IPR and are mutually exclusive; each being
independent of the other and governed by a separate law. Their mutual
exclusiveness and independence can be gauged by the fact that it is possible to
protect different aspects of an original or inventive work with different rights.
All IP rights are awarded by a country and most of such rights are territorial in
nature. A copyright generated in a member country of the
Berne Convention is automatically protected in all the member countries,
without any need for registration in different countries, but will not be
automatically available in non-member countries. Therefore, copyright may not
be considered a territorial right in the strict sense. Like any other moveable or
immoveable property, IPR can be transferred, sold or gifted. One of the main
underlying principles of IPR is that protection is not given for an intellectual IP
that is already known in the public domain. IPR are meant to benefit creators of
work, inventions and designs. These rights are granted for a limited period of
time, except that in the case of trademark, the protection period could be
extended indefinitely by renewing the registration. IPR are monopoly rights and
thus prohibit unauthorized use of the protected work/invention.
Kinds of Intellectual Property
A patent is awarded for an invention, which satisfies the criteria of global
novelty, non-obviousness and industrial application. Patents can be granted for
products and processes. the term of a patent is 20 years from the date of filing a
patent application.
Copyright is awarded to literary, dramatic, audio visual and similar works.
Computer programs and databases are considered literary work and hence are
protected by copyright; in fact, these are also considered copyrightable items
under TRIPS. It may be noted that copyright protection extends to an expression
of an idea but not to the idea itself. To get protection, the work should be in a
tangible form, which means in a form that is capable of either visually or
audibly recreating the representation of the original work.
A trademark is any word, name, symbol, or device or any combination thereof
used by persons to distinguish their goods and services, including a unique
product, from those manufactured or sold by others, and to indicate the source
of goods / services. This gives an opportunity to consumers / buyers to assess
the quality of the goods being bought by them. The purpose of awarding a
trademark is also to benefit the public as it could then make an informed choice
while choosing from a range of similar products and services.

5. Industrial design is connected with the protection of external shape, appearance
and configuration of an article. Geographical indication is a name given to a
product identifiable with a specific geographical location for the uniqueness of
the product. The product could be natural or manmade. Once a geographical
indication has been legally registered in respect of a product then no similar or
identical product made / produced elsewhere or other geographical area can be
sold under that area.
Undisclosed information, generally known as trade secret / confidential
information, includes formula, pattern, compilation, program, device, method,
technique or process. Protection of undisclosed information is least known to
players of IPR and also least talked about, although it is perhaps the most
important form of protection for industries, R&D institutions and other agencies
dealing with IPRs
Need for Intellectual Property Rights (IPR)
IPR is a strong tool used to protect investments, time, money, effort and the like
invested by the inventor/creator of an Intellectual Property, since it grants the
inventor/creator an exclusive right for a certain period of time for use of his
invention/creation. Thus IPR, in a way, aids the economic development of a
country by promoting healthy competition and encouraging industrial
development and economic growth
A spurt in interest about IPR started with a curiosity and an element of
apprehension but it has now graduated to a need-based compulsion and desire to
play the new game introduced with the formation of the World Trade
Organization (WTO) and the introduction of TRIPS. Globalization, multilateral
trade and new economic order are continuously reducing the geographical
barriers to trade rendering the global trade very complex. The current
importance of IPRs is dictated by the following reasons:
(i) Technologies are changing rapidly,
(ii) Product life cycle is becoming shorter,
(iii) Investments on R&D, production, marketing has become very high,
(iv) Human resources should possess high level of skills, and
(v) The industry is becoming very competitive.
Trademarks:

6. Definition of trademark
According to Section of The Trademarks Act, [1] -A trade mark means a mark
capable of being represented graphically and which is capable of distinguishing
the goods or services of one person from those of others and may include shape
of goods, their packaging and combination of colors;
A trademark is a distinctive sign or indicator used by an individual, business
organization, or other legal entity to identify that the products or services
to consumers with which the trademark appears originate from a unique source,
and to distinguish its products or services from those of other entities [2] .
A trademark may be one or a combination of words, letters and numerals. It is
used by traders / companies/ firms etc. to distinguish their goods and services
from those of their competitors. A consumer associates some level of quality /
price / prestige with the goods of a particular trademark. In other words, the
consumer uses the trademark for making a choice while buying a particular
product. An examination of trademark laws and practices, as they exist today,
must necessarily begin with a look at their origin and evolution. Trademarks
originated as craftsmen’s marks that artisans and others put on their goods to
distinguish them from those of other artisans. Such marks have been found in
antiquity, in many societies and civilizations, including Persia, Egypt and
China, as well as Greece and Rome. The trademark in its modern sense began to
evolve in medieval Europe, where the craftsmen’s guilds developed a set of
rules of usage governing maker’s marks.
The brand names that one sees today are the present incarnation of the old
maker’s mark and often, after years of mass-marketing, have become so well-
known that they acquire immense value themselves, not merely because of the
value of the goods to which they are applied, but because of the goodwill
created among consumers
The rise of the modern nation-state brought an expansion of competitive
markets, covering the entire geographical region of a particular country.
Governments adopted national trademark laws, intended to protect merchants
and consumers in an entire nation. The most important feature of the national
trademark law was a central, government-operated trademark registry that
granted and established the scope of protection for a trademark.
As per the Indian laws, fragrances cannot be used as a trademark. According to
the Indian system a trademark can also be used for goods or services for
indicating a connection in the course of trade between the goods or services, as
the case may be, and some person having the right as proprietor to use the mark.
Further, a mark may be used for the purpose of indicating or so as to indicate a

7. connection in the course of trade between the goods or services, as the case may
be, and some person having the right, either as proprietor or by way of
permitted user, to use the mark whether with or without any indication of the
identity of that person, and includes a certification trade mark or collective
mark.
If you obtain a trademark, it is binding nationwide and others are not allowed to
infringe upon it in an effort to swipe your customers or confuse the public.
Trademarks help promote economic efficiency. If trademarks are not allowed to
be registered with the manufacturers it may eventually take away the incentive
of trademark owning manufacturers to make investments in quality control.
There would be thus no healthy competition among the manufacturers leading
to the loss of vitality of the economy. If we do not have a system of having
trademark a manufacturer would get nothing by improving his products quality.
And consumers would not be in a position to identify high or low-quality
products. In such a situation a manufacturer who reduces its price by reducing
quality may pocket the benefit of the market.
Fundamentals of Trademarks
Trademark is a symbol that allows a purchaser to identify goods or services that
have been proved satisfactory and not to buy goods or services that have not
been satisfactory. Trademarks serve mainly three purposes viz. (i) encourage the
production of quality products; (ii) reduce the customer’s costs of shopping and
(iii) help the customer to make decisions on purchasing products. . Today the
uniformity of quality of products in the marketplace is the result of the use of
trademarks rather than the inherent nature of production or the reflection of
altruistic motives of manufacturers or distributors. In a system wherein
trademarks are allowed to be infringed, all may take a free ride on the
successful seller’s trademark and reputation; there would be no incentive to
distinguish one’s own goods and services.
Trademarks reduce the customer’s cost and agony of acquiring information
about products and service. If a person knows by his experience or experience
of others that a product is of good quality, he would go for that brand without
much search
Trademark infringement law and unfair trademark law are different. The
essential element of a trademark is the exclusive right of its owner to use a word
or device to distinguish his products. On the contrary a claim of unfair
competition considers the total physical image given by the product and its
name together. In giving protection to trademark, the law is imposing ethical
and moral norms on the competitive process in a sense the law of trademarks

8. reflects the societal view that certain forms of competitive behavior in business
practices are unfair.
It is argued by many that trademarks actually create a barrier to entry to the
market. It does not appear to be correct. In fact, when consumers have the
benefit of price advertising retail prices are dramatically lower than without
advertising. Advertising may reduce, not raise the cost of products/services.
However, when such barriers exist it may be noted that they exist because
consumers prefer the brand with the favorable representation and are willing to
pay a higher price for them.
What are the international treaties that affect trademarks?
Multilateral treaties and agreements such as the Paris Convention, the Madrid
Agreement and Protocol, TRIPS, the Trademark Law Treaty, Vienna
Agreement, and the Nice Agreement on International Classification
Regional agreements formed by countries of one region such as ARIPO and
OAPI in Africa, the Andean Pact and MERCOSUR in South America, NAFTA,
the Pan-American Convention and the European Community Trade Mark
Bilateral treaties and agreements between two countries or between a country
and an intergovernmental organization (e.g., the European Union) on such
issues as trade and intellectual property rights
The main purposes of these treaties affecting trademarks are the protection of
rights, harmonization of laws and multilateral filing.
Intellectual Property
As I begin this narrative, readers will have to understand that I have been and
always will be a Trekkie. The very first movie I was ever taken to see was Star
Trek III: The Search for Spock. I was six months old and I did nothing but
scream the entire time, but the fascination has nonetheless been there my entire
life, and there is no twelve-step program to help me recover. That having been
said, you might have some degree of understanding when I say that Viacom’s
attempts in 1997 to eliminate all use of copyrighted material on fan sites,
ranging from still pictures to movie and sound clips to the logos themselves,
was war for me. For Viacom, the issue was that these copyrighted images were
used at all. This spawned a whole host of further crackdowns and lawsuits in
similar kingdoms of fanatics across the web.
The situation I just described to you, while probably not the best example of the
internet’s general abuse of intellectual property, is one of the earliest examples.

9. Proper accreditation and documentation is a widespread problem on the
internet, particularly now that the internet has grown in use and popularity. The
internet hosts websites that directly violate the concept of intellectual property
in ways that no other tool ever can. If copyrighted graphics or sound appear on
any website trying to convey a message, particularly if these are recognizable to
an average member of the site’s target audience, the validity of that argument is
subconsciously undermined by the unaccredited presence of someone else’s
ideas.