Intellectual Property Rights: An overviewAbhinav Kumar
A presentation on Intellectual property Rights, an outcome of human intellect including creativity concepts, inventions, industrial models, trademarks, songs, literature, symbols.
Intellectual Property Rights: An overviewAbhinav Kumar
A presentation on Intellectual property Rights, an outcome of human intellect including creativity concepts, inventions, industrial models, trademarks, songs, literature, symbols.
Barnes & Thornburg LLP - Intellectual PropertyNAWBO Atlanta
Jason Bernstein & Felicia Boyd, Partners at Barnes & Thornburg LLP, share an Overview of Intellectual Property with NAWBO Atlanta at our October 9 monthly luncheon. We discussed how to understand your IP rights and how to protect your business's innovations, designs, and brands.
Copyright, an important variant of Intellectual Property Rights (IPR) is too complex to tackle after the inception of Information and Communication Technology (ICT). Many cases like imprisonment of a Columbian researcher for sharing a research article online, closing of Rameshawari photocopy centre in Delhi University by Oxford University Publishing (OUP) and Cambridge University press in the charge of unfair dealing with their books, several cases of passing off, debate on the ownership of selfie taken by a female Celebes black crested monkeys are the reflections of this complexity. Creativity is the only thing without which a nation cannot be advanced. All creations must be protected and rewarded by copyright. Particularly scholarly communication in developing countries like India suffer a lot when we almost compel to publish our research outputs funded by the governmental research funders in commercial publishing houses. Copyright act, 1957 says about various types of activities that amount to fair use. Four factor analyses for fair use should be religiously followed to keep us within the limit of law. Cases of plagiarism is still rampant in educational arena here in India. Digital Rights Management (DRM) has been devised as a bunch of copyright protection technologies to ascertain the rights information of copyrighted materials being accessed in electronic environment. Internet has brought information revolution in the world but the same internet is being used for violating copyrights for distribution of counterfeited and pirated digital contents. Even people misuse BitTorrent, a communication protocol meant for for sharing large files between peer to peers and YouTube, predominantly a video sharing community and violate copyright laws for unfair use of copyrighted resources. Until we change our mindset and our moral ethics towards creativity and respect copyright of others, no plagiarised tool or any such device or mechanism can clean the academic environment and scholarly communication which in fact detrimental to progression of a nation in long term.
Module 3- Part 1.pptx ksjsjasjjssnnssnjsjsjsjsjjsAbhishekVenom
Electronics is a scientific and engineering discipline that studies and applies the principles of physics to design, create, and operate devices that manipulate electrons and other electrically charged particles. Electronics is a subfield of electrical engineering, but it differs from it in that it focuses on using active devices such as transistors, diodes, and integrated circuits to control and amplify the flow of electric current and to convert it from one form to another, such as from alternating current (AC) to direct current (DC) or from analog signals to digital signals. Electronics also encompasses the fields of microelectronics, nanoelectronics, optoelectronics, and quantum electronics, which deal with the fabrication and application of electronic devices at microscopic, nanoscopic, optical, and quantum scales.
Modern surface-mount electronic components on a printed circuit board, with a large integrated circuit at the top
Electronics have a profound impact on various aspects of modern society and culture, such as telecommunications, entertainment, education, health care, industry, and security. The main driving force behind the advancement of electronics is the semiconductor industry, which produces the basic materials and components for electronic devices and circuits. The semiconductor industry is one of the largest and most profitable sectors in the global economy, with annual revenues exceeding $481 billion in 2018. The electronics industry also encompasses other sectors that rely on electronic devices and systems, such as e-commerce, which generated over $29 trillion in online sales in 2017.
History and development
edit
See also: History of electronic engineering and Timeline of electrical and electronic engineering
One of the earliest Audion radio receivers, constructed by De Forest in 1914
Electronics has hugely influenced the development of modern society. The identification of the electron in 1897, along with the subsequent invention of the vacuum tube which could amplify and rectify small electrical signals, inaugurated the field of electronics and the electron age.[1] Practical applications started with the invention of the diode by Ambrose Fleming and the triode by Lee De Forest in the early 1900s, which made the detection of small electrical voltages such as radio signals from a radio antenna possible with a non-mechanical device.
Vacuum tubes (thermionic valves) were the first active electronic components which controlled current flow by influencing the flow of individual electrons,[2] They were responsible for the electronics revolution of the first half of the twentieth century,[3][4] They enabled the construction of equipment that used current amplification and rectification to give us radio, television, radar, long-distance telephony and much more. The early growth of electronics was rapid, and by the 1920s, commercial radio broadcasting and telecommunications were becoming widespread and electronic amplifiers
Copyright has always been very confusing in academia across the continents. It will remain so forever with the changing technological as well as socio-cultural perspectives from time to time. Among all, teacher-learner exceptions are considered to be the most debatable one. Academicians should always promote and practice fair use of the copyrighted materials in academia and scholarship. This is the basic premise to encourage creativity and proliferation of knowledge in the years to come. File sharing through internet, use of social media for academic work, submitting scholarly works in cloud has blurred the difference between copyright owners, creators and copyright file keepers or servers. Identifying, establishing and enforcing copyright for scholarly digital content gradually has become a challenging task. There can not be any simple solution to the present complexities to satisfy all kind of stakeholders in academia. Balancing al the stakeholders interests is the only key to keep afloat in the ocean of new scholarly ecosystem.
June 18, 2014 Copyright and Digital Scholarship Session for the Emory Center for Digital Scholarship's HBCU Summer Institute for Digital Scholarship - https://scholarblogs.emory.edu/hbcuinstitute/
Barnes & Thornburg LLP - Intellectual PropertyNAWBO Atlanta
Jason Bernstein & Felicia Boyd, Partners at Barnes & Thornburg LLP, share an Overview of Intellectual Property with NAWBO Atlanta at our October 9 monthly luncheon. We discussed how to understand your IP rights and how to protect your business's innovations, designs, and brands.
Copyright, an important variant of Intellectual Property Rights (IPR) is too complex to tackle after the inception of Information and Communication Technology (ICT). Many cases like imprisonment of a Columbian researcher for sharing a research article online, closing of Rameshawari photocopy centre in Delhi University by Oxford University Publishing (OUP) and Cambridge University press in the charge of unfair dealing with their books, several cases of passing off, debate on the ownership of selfie taken by a female Celebes black crested monkeys are the reflections of this complexity. Creativity is the only thing without which a nation cannot be advanced. All creations must be protected and rewarded by copyright. Particularly scholarly communication in developing countries like India suffer a lot when we almost compel to publish our research outputs funded by the governmental research funders in commercial publishing houses. Copyright act, 1957 says about various types of activities that amount to fair use. Four factor analyses for fair use should be religiously followed to keep us within the limit of law. Cases of plagiarism is still rampant in educational arena here in India. Digital Rights Management (DRM) has been devised as a bunch of copyright protection technologies to ascertain the rights information of copyrighted materials being accessed in electronic environment. Internet has brought information revolution in the world but the same internet is being used for violating copyrights for distribution of counterfeited and pirated digital contents. Even people misuse BitTorrent, a communication protocol meant for for sharing large files between peer to peers and YouTube, predominantly a video sharing community and violate copyright laws for unfair use of copyrighted resources. Until we change our mindset and our moral ethics towards creativity and respect copyright of others, no plagiarised tool or any such device or mechanism can clean the academic environment and scholarly communication which in fact detrimental to progression of a nation in long term.
Module 3- Part 1.pptx ksjsjasjjssnnssnjsjsjsjsjjsAbhishekVenom
Electronics is a scientific and engineering discipline that studies and applies the principles of physics to design, create, and operate devices that manipulate electrons and other electrically charged particles. Electronics is a subfield of electrical engineering, but it differs from it in that it focuses on using active devices such as transistors, diodes, and integrated circuits to control and amplify the flow of electric current and to convert it from one form to another, such as from alternating current (AC) to direct current (DC) or from analog signals to digital signals. Electronics also encompasses the fields of microelectronics, nanoelectronics, optoelectronics, and quantum electronics, which deal with the fabrication and application of electronic devices at microscopic, nanoscopic, optical, and quantum scales.
Modern surface-mount electronic components on a printed circuit board, with a large integrated circuit at the top
Electronics have a profound impact on various aspects of modern society and culture, such as telecommunications, entertainment, education, health care, industry, and security. The main driving force behind the advancement of electronics is the semiconductor industry, which produces the basic materials and components for electronic devices and circuits. The semiconductor industry is one of the largest and most profitable sectors in the global economy, with annual revenues exceeding $481 billion in 2018. The electronics industry also encompasses other sectors that rely on electronic devices and systems, such as e-commerce, which generated over $29 trillion in online sales in 2017.
History and development
edit
See also: History of electronic engineering and Timeline of electrical and electronic engineering
One of the earliest Audion radio receivers, constructed by De Forest in 1914
Electronics has hugely influenced the development of modern society. The identification of the electron in 1897, along with the subsequent invention of the vacuum tube which could amplify and rectify small electrical signals, inaugurated the field of electronics and the electron age.[1] Practical applications started with the invention of the diode by Ambrose Fleming and the triode by Lee De Forest in the early 1900s, which made the detection of small electrical voltages such as radio signals from a radio antenna possible with a non-mechanical device.
Vacuum tubes (thermionic valves) were the first active electronic components which controlled current flow by influencing the flow of individual electrons,[2] They were responsible for the electronics revolution of the first half of the twentieth century,[3][4] They enabled the construction of equipment that used current amplification and rectification to give us radio, television, radar, long-distance telephony and much more. The early growth of electronics was rapid, and by the 1920s, commercial radio broadcasting and telecommunications were becoming widespread and electronic amplifiers
Copyright has always been very confusing in academia across the continents. It will remain so forever with the changing technological as well as socio-cultural perspectives from time to time. Among all, teacher-learner exceptions are considered to be the most debatable one. Academicians should always promote and practice fair use of the copyrighted materials in academia and scholarship. This is the basic premise to encourage creativity and proliferation of knowledge in the years to come. File sharing through internet, use of social media for academic work, submitting scholarly works in cloud has blurred the difference between copyright owners, creators and copyright file keepers or servers. Identifying, establishing and enforcing copyright for scholarly digital content gradually has become a challenging task. There can not be any simple solution to the present complexities to satisfy all kind of stakeholders in academia. Balancing al the stakeholders interests is the only key to keep afloat in the ocean of new scholarly ecosystem.
June 18, 2014 Copyright and Digital Scholarship Session for the Emory Center for Digital Scholarship's HBCU Summer Institute for Digital Scholarship - https://scholarblogs.emory.edu/hbcuinstitute/
Similar to An_Overview_of_Intellectual_Property.pptx (20)
What price will pi network be listed on exchangesDOT TECH
The rate at which pi will be listed is practically unknown. But due to speculations surrounding it the predicted rate is tends to be from 30$ — 50$.
So if you are interested in selling your pi network coins at a high rate tho. Or you can't wait till the mainnet launch in 2026. You can easily trade your pi coins with a merchant.
A merchant is someone who buys pi coins from miners and resell them to Investors looking forward to hold massive quantities till mainnet launch.
I will leave the telegram contact of my personal pi vendor to trade with.
@Pi_vendor_247
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If you are looking for a pi coin investor. Then look no further because I have the right one he is a pi vendor (he buy and resell to whales in China). I met him on a crypto conference and ever since I and my friends have sold more than 10k pi coins to him And he bought all and still want more. I will drop his telegram handle below just send him a message.
@Pi_vendor_247
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where can I find a legit pi merchant onlineDOT TECH
Yes. This is very easy what you need is a recommendation from someone who has successfully traded pi coins before with a merchant.
Who is a pi merchant?
A pi merchant is someone who buys pi network coins and resell them to Investors looking forward to hold thousands of pi coins before the open mainnet.
I will leave the telegram contact of my personal pi merchant to trade with
@Pi_vendor_247
how can i use my minded pi coins I need some funds.DOT TECH
If you are interested in selling your pi coins, i have a verified pi merchant, who buys pi coins and resell them to exchanges looking forward to hold till mainnet launch.
Because the core team has announced that pi network will not be doing any pre-sale. The only way exchanges like huobi, bitmart and hotbit can get pi is by buying from miners.
Now a merchant stands in between these exchanges and the miners. As a link to make transactions smooth. Because right now in the enclosed mainnet you can't sell pi coins your self. You need the help of a merchant,
i will leave the telegram contact of my personal pi merchant below. 👇 I and my friends has traded more than 3000pi coins with him successfully.
@Pi_vendor_247
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what is the future of Pi Network currency.DOT TECH
The future of the Pi cryptocurrency is uncertain, and its success will depend on several factors. Pi is a relatively new cryptocurrency that aims to be user-friendly and accessible to a wide audience. Here are a few key considerations for its future:
Message: @Pi_vendor_247 on telegram if u want to sell PI COINS.
1. Mainnet Launch: As of my last knowledge update in January 2022, Pi was still in the testnet phase. Its success will depend on a successful transition to a mainnet, where actual transactions can take place.
2. User Adoption: Pi's success will be closely tied to user adoption. The more users who join the network and actively participate, the stronger the ecosystem can become.
3. Utility and Use Cases: For a cryptocurrency to thrive, it must offer utility and practical use cases. The Pi team has talked about various applications, including peer-to-peer transactions, smart contracts, and more. The development and implementation of these features will be essential.
4. Regulatory Environment: The regulatory environment for cryptocurrencies is evolving globally. How Pi navigates and complies with regulations in various jurisdictions will significantly impact its future.
5. Technology Development: The Pi network must continue to develop and improve its technology, security, and scalability to compete with established cryptocurrencies.
6. Community Engagement: The Pi community plays a critical role in its future. Engaged users can help build trust and grow the network.
7. Monetization and Sustainability: The Pi team's monetization strategy, such as fees, partnerships, or other revenue sources, will affect its long-term sustainability.
It's essential to approach Pi or any new cryptocurrency with caution and conduct due diligence. Cryptocurrency investments involve risks, and potential rewards can be uncertain. The success and future of Pi will depend on the collective efforts of its team, community, and the broader cryptocurrency market dynamics. It's advisable to stay updated on Pi's development and follow any updates from the official Pi Network website or announcements from the team.
Even tho Pi network is not listed on any exchange yet.
Buying/Selling or investing in pi network coins is highly possible through the help of vendors. You can buy from vendors[ buy directly from the pi network miners and resell it]. I will leave the telegram contact of my personal vendor.
@Pi_vendor_247
What website can I sell pi coins securely.DOT TECH
Currently there are no website or exchange that allow buying or selling of pi coins..
But you can still easily sell pi coins, by reselling it to exchanges/crypto whales interested in holding thousands of pi coins before the mainnet launch.
Who is a pi merchant?
A pi merchant is someone who buys pi coins from miners and resell to these crypto whales and holders of pi..
This is because pi network is not doing any pre-sale. The only way exchanges can get pi is by buying from miners and pi merchants stands in between the miners and the exchanges.
How can I sell my pi coins?
Selling pi coins is really easy, but first you need to migrate to mainnet wallet before you can do that. I will leave the telegram contact of my personal pi merchant to trade with.
Tele-gram.
@Pi_vendor_247
how to sell pi coins in South Korea profitably.DOT TECH
Yes. You can sell your pi network coins in South Korea or any other country, by finding a verified pi merchant
What is a verified pi merchant?
Since pi network is not launched yet on any exchange, the only way you can sell pi coins is by selling to a verified pi merchant, and this is because pi network is not launched yet on any exchange and no pre-sale or ico offerings Is done on pi.
Since there is no pre-sale, the only way exchanges can get pi is by buying from miners. So a pi merchant facilitates these transactions by acting as a bridge for both transactions.
How can i find a pi vendor/merchant?
Well for those who haven't traded with a pi merchant or who don't already have one. I will leave the telegram id of my personal pi merchant who i trade pi with.
Tele gram: @Pi_vendor_247
#pi #sell #nigeria #pinetwork #picoins #sellpi #Nigerian #tradepi #pinetworkcoins #sellmypi
Financial Assets: Debit vs Equity Securities.pptxWrito-Finance
financial assets represent claim for future benefit or cash. Financial assets are formed by establishing contracts between participants. These financial assets are used for collection of huge amounts of money for business purposes.
Two major Types: Debt Securities and Equity Securities.
Debt Securities are Also known as fixed-income securities or instruments. The type of assets is formed by establishing contracts between investor and issuer of the asset.
• The first type of Debit securities is BONDS. Bonds are issued by corporations and government (both local and national government).
• The second important type of Debit security is NOTES. Apart from similarities associated with notes and bonds, notes have shorter term maturity.
• The 3rd important type of Debit security is TRESURY BILLS. These securities have short-term ranging from three months, six months, and one year. Issuer of such securities are governments.
• Above discussed debit securities are mostly issued by governments and corporations. CERTIFICATE OF DEPOSITS CDs are issued by Banks and Financial Institutions. Risk factor associated with CDs gets reduced when issued by reputable institutions or Banks.
Following are the risk attached with debt securities: Credit risk, interest rate risk and currency risk
There are no fixed maturity dates in such securities, and asset’s value is determined by company’s performance. There are two major types of equity securities: common stock and preferred stock.
Common Stock: These are simple equity securities and bear no complexities which the preferred stock bears. Holders of such securities or instrument have the voting rights when it comes to select the company’s board of director or the business decisions to be made.
Preferred Stock: Preferred stocks are sometime referred to as hybrid securities, because it contains elements of both debit security and equity security. Preferred stock confers ownership rights to security holder that is why it is equity instrument
<a href="https://www.writofinance.com/equity-securities-features-types-risk/" >Equity securities </a> as a whole is used for capital funding for companies. Companies have multiple expenses to cover. Potential growth of company is required in competitive market. So, these securities are used for capital generation, and then uses it for company’s growth.
Concluding remarks
Both are employed in business. Businesses are often established through debit securities, then what is the need for equity securities. Companies have to cover multiple expenses and expansion of business. They can also use equity instruments for repayment of debits. So, there are multiple uses for securities. As an investor, you need tools for analysis. Investment decisions are made by carefully analyzing the market. For better analysis of the stock market, investors often employ financial analysis of companies.
1. An Overview of Intellectual
Property Rights
T.C. James
Director
National Intellectual Property Organisation
E-mail: tcjames@nipo.in
2. Objective and Plan of Presentation
Objective
• To give a general introduction to the concept
of Intellectual Property Rights and Their Role
in Technology Transfer
Plan of Presentation
• Rationale of Protection
• Different kinds of IPRs
• IPRs and Licensing/Technology Agreements
2
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4. Kinds of Property
• Movable Property
Car, Pen, Furniture, Dress
• Immovable Property
Land, Building
• Intellectual Property
Literary works, inventions
4
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5. Nature of Intellectual Property
• Creation of human mind (Intellect)
• Intangible property
• Exclusive rights given by statutes
• Attended with limitations and exceptions
• Time-bound
• Territorial
5
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6. Definition of Intellectual Property
“Intellectual Property shall include the rights relating to
– literary, artistic and scientific works,
– performances of performing artists, phonograms, and
broadcasts,
– inventions in all fields of human endeavour
– scientific discoveries
– Industrial designs
– trademarks, service marks and commercial names
and designations
– protection against unfair competition
and all other rights resulting from intellectual activity in
the industrial, scientific, literary or artistic fields.”
(WIPO Convention)
6
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7. International Treaties
• Paris Convention for the Protection of Industrial
Property 1883
• Berne Convention for the Protection of Literary and
Artistic Works 1886
• International Union for New Varieties of Plants
(UPOV) 1961, 1972, 1978 and 1991
• Convention on Biodiversity, 1992
• Agreement on Trade Related Aspects of Intellectual
Property Rights 1994
• Internet Treaties 1996
7
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8. Basic Principle
• Contract between creator and sovereign state
Protection for revelation
• Balance between rights of creator and public
interest
Rights and limitations and exceptions
8
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9. Major Intellectual Properties
• Copyright and Related Rights
• Industrial Property
Patents
Industrial Designs
Trade Marks
Geographical Indications
Layout Designs/Topographies Integrated Circuits
Trade Secrets
Protection of New Plant Varieties
9
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10. IP Laws of India
Act Ministry/Department
The Copyright Act, 1957 Higher Education
The Patents Act, 1970 Industrial Policy & Promotion
The Designs Act, 2000 Industrial Policy & Promotion
The Trade Marks Act, 1999 Industrial Policy & Promotion
The Geographical Indications of Goods
(Registration and Protection) Act, 1999
Industrial Policy & Promotion
The Semiconductor Integrated Circuits Layout-
Design Act, 2000
Information Technology
The Protection of Plant Varieties and Farmers’
Rights Act, 2001
Agriculture and Cooperation
10
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12. 12
Scope of Copyright
• Original Literary, Dramatic, Musical and
Artistic Works
Work: Ideas expressed in material form
No copyright in ideas or facts
• Cinematograph Films
• Sound Recordings
12
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13. 13
Rights
• Two Kinds of Rights
Moral Rights
To protect personality of author
Economic Rights
To bring economic benefits
13
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14. 14
Moral Rights
• Right of Authorship
• Right of Integrity
– Digital Manipulation
– No Right for Display
• Inalienable Rights
14
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15. 15
Economic Rights -1
• Right of Reproduction
– Making copies e.g. an edition of a novel
– Storage in computer memory
• Right of Distribution/Issuing Copies
– Digital Distribution
• Right of Communication to the Public
– Public Performance
– Internet Communication
15
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16. 16
Economic Rights 2
• Adaptation Rights
– Conversion into another form e.g. literary to
drama
– Abridgement
– Picturizations, comic formats
• Right to make a cinematograph film or sound
recording
• Translation Rights
• Rental Rights
• Resale Rights for original artistic works.
16
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17. 17
Ownership of Rights
• Literary – author
• Drama – Dramatist
• Music – Composer
• Artistic work – Artist e.g. Painter, sculptor,
architect
• Photograph – Photographer
• Author of Computer Programme – Person who
causes the work to be created
• Cinematograph film – producer
• Sound Recording - producer
17
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18. 18
Author as Owner of Rights:
Exceptions
• In the course of employment – employer
• Employment by newspaper, magazine –
employer has publishing right; other rights
with author
• Photograph, painting, cinema for valuable
consideration – person who pays money
18
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19. 19
Author as Owner of Rights:
Exceptions
• Lecture delivered in public – Person
delivering
• Government Work – Government
• Public Undertaking Work – public
undertaking
• Work of International Organization –
International Organization
19
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20. 20
Author as Owner of Rights:
Exceptions
• Work of apprentice – to Teacher
• If teacher writes a book then teacher because he
is employed to teach and not write
• Question Papers – Paper setter
• Encyclopedia, dictionary – editor for collection
• Music under contract by film producer – film
producer
20
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21. 21
Securing Copyright
• Formality free protection
• Voluntary Registration (S. 44 & 45)
• Registration does not as a matter of law
establish that what is registered is in fact
and in law copyrightable subject matter
21
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22. 22
Duration of Copyright
• Literary, dramatic, Musical and Artistic Works
published during life time of author: Life + 60
years
• All Other Works: 60 years from date of
publication
– Posthumous, Anonymous Works
– Works of Government and Organizations
– Cinema and Sound Recording
– Photograph
22
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23. 23
RELATED RIGHTS
• Rights granted by law to communicators of
works to the public
– Performers
– Broadcasting Organizations
23
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24. 24
Performer’s Rights
• Recording, broadcasting and
communicating to the public of a live
performance
• Presumption of transfer of performer’s
right to cinematographic film producer
• Duration: 50 years
24
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25. 25
Rights Of Broadcasting
Organisations
• Broadcast Reproduction Right
• Re-broadcasting, Recording and
Communicating to the Public of a
Broadcast
• Duration: 25 Years
25
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27. What is a PATENT?
• A patent is an exclusive right granted for an
invention, which is a product or a process
that provides a new way of doing something,
or offers a new technical solution to a
problem
• The limited monopoly right granted by
the state enables an inventor to prohibit
another person from manufacturing, using or
selling the patented product or from using
the patented process, without permission.
• Period of Patents - 20 Years
27
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28. WHAT CAN BE PATENTED?
Inventions in all fields of technology,
whether products or processes, if they
meet the criteria of
• Novelty;
• Non-obviousness (inventive step);
• Industrial application (utility).
28
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29. Conditions of Patentability
• Novelty: Invention not known to public
prior to claim by inventor
• Inventive Step: Invention would not be
obvious to a person with ordinary skill in
the art
• Industrial Application: Invention can be
made or used in any useful, practical
activity as distinct from purely intellectual
or aesthetic one 29
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30. Grant of Patent
• Patents are granted by national patent offices
after publication and substantial examination
of the applications
• In India provisions exist for pre-grant and post
grant opposition by others
• They are valid within the territorial limits of
the country
• Foreigners can also apply for patents
30
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31. INVENTIONS – NOT PATENTABLE
An Invention Which is frivolous or
which claims anything obviously
contrary to the well established
Natural Laws e.g.
Machine giving more than 100% performance
Perpetual motion machine
Newton’s laws of gravitation
31
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32. INVENTIONS – NOT PATENTABLE
A machine whose primary or intended use or
commercial exploitation of which could be contrary
to Public order or morality or which causes serious
prejudice to human, animal or plant life or health
or to the environment :
Gambling machine
device for house-breaking
Biological warfare material or device
Terminator gene technology
embryonic stem cell
32
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33. INVENTIONS – NOT PATENTABLE
Mere Discovery of a Scientific Principle
or Formulation of an Abstract Theory
or discovery of any living thing or non–living
substance occurring in nature
• Discovery adds to the human knowledge by
disclosing something ,not seen before, whereas,
• Invention adds to human knowledge by suggesting an
action resulting in a new product or new process
• e.g. Archimedes Principle, Superconducting
Phenomenon as such – not patentable , However,
• An apparatus /method for technological application may
be patentable 33
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34. INVENTIONS – NOT PATENTABLE
The mere discovery of a new form of a known
substance which does not result in the
enhancement of the known efficacy of that
substance OR
the mere discovery of any new property or new
use for a known substance OR
of the mere use of a known process, machine
or apparatus, unless such known process
results in a new product or employs at
least one new reactant. 34
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35. INVENTIONS – NOT PATENTABLE
A substance obtained by mere admixture resulting
only in the aggregation of the properties of the
components thereof or a process for producing
such substance, e.g.
Paracetamol (Antipyretic) +Brufen (analgesic) = A drug (antipyretic &
analgesic)
• A soft drink that is only a mixture of sugar and some colorants
in water
But, a mixture resulting in synergistic properties of
mixture of ingredients may be patentable e.g
Soap, Detergent, lubricant.
35
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36. INVENTIONS – NOT PATENTABLE
Mere arrangement or re-arrangement or
duplication of known devices,each functioning
independently of one another in a known way
for example -.
A Bucket fitted with torch,
An Umbrella with fan
A Clock and radio in a single cabinet
A flour-mill provided with sieving
36
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37. Not patentable
Method of Agriculture or Horticulture
• e. g. Cultivation of algae ,
Producing new form of a known plant,
preparation of an improved soil
However, Agricultural Equipments
are patentable
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38. Inventions - Not Patentable
Plants & animals in whole or any part
thereof other than micro- organisms,
but including seeds, varieties and species
and essentially biological process for
production or propagation of plants & animals
e.g.
– Clones and new varieties of plants:
– A process for production of plants or animals if it consists
entirely of natural phenomena such as crossing or selection
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39. Inventions - Not Patentable
A mathematical method or a business
method or algorithms or
a computer programme per se
These are the outcomes of mental process only
and do not involve industrial process or product
For example-
• Computer programme claimed by itself or as a
record on a carrier
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40. • Non-patentable
• A literary, dramatic, musical or artistic work or any
other aesthetic creation including cinematographic
work and television productions
These subject-matters fall under the copy-right
protection
A mere scheme or rule or method of performing
mental act or method of playing game
Examples –
• Scheme for learning a language , Method for solving a
crossword puzzle, Method of learning a language,
Method of teaching /learning - Not patentable
• Novel apparatus for playing game or carrying
out a scheme – patentable
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41. Non-patentable
Presentation of information
Examples –
Any manner or method of expressing
information , whether by spoken words,
Visual display, symbols ,diagrams or information
recorded on a carrier
Topography of integrated circuits.
An invention which, in effect, is the
Traditional Knowledge or an aggregation
or duplication of known properties of
traditionally known component or
components
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42. Traditional Knowledge is already in public
domain, and hence, not patentable
However, any value-addition using Traditional
Knowledge leading to a new process or product,
possessing novelty, inventive step and industrial
applicability, can be patentable
• Inventions relating to atomic energy – Not
patentable
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44. What is an Industrial Design?
• ‘Design’ means only the features of shape,
configuration, pattern, ornament or
composition of lines or colours applied to any
article whether in two dimensional or three
dimensional or in both forms, by any industrial
process or means, whether
manual,mechanical or chemical, separate or
combined, which in the finished article appeal
to and are judged solely by the eye.
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48. Rights of the Registered Proprietor
• The proprietor of the registered design
has the exclusive right to apply the
design to any article in the class in
which the design is registered
• Period of protection is ten years
extendable by 5 years.
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49. What is Excluded?
• Any mode or principle of construction or
anything which is in substance a mere
mechanical device
• Trade mark
• Property mark
• Artistic work
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50. What is not registrable?
• A design which is not new or original
• A design which has been disclosed to the
public anywhere in the world prior to the filing
• A design which is not significantly
distinguishable from known designs or
combination of known designs
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51. What is not registrable?
• A design which comprises or contains
scandalous or obscene matter
• A design which is contrary to public order or
morality
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52. NOT REGISTRABLE ARTICLES
Calendar, certificates,forms, greeting cards,leaflets,
Maps, building plan,medals
Labels,tokens,stamps
Religious symbols
Mere mechanical contrivance
Building and construction or real estate
Flags,emblems,or signs of any country, computer icons Parts
of articles not manufactured and soled separately
Layout designs of integrated circuits Basic shape, variations
commonly used in the trade
Mere workshop alteration
Mere change in size
Any principle or mode of construction of article 52
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54. TRADE MARK
• A name of an enterprise or a Mark capable of
being represented graphically, distinguishing the
goods or services of one person from those of others
e. g., LUX, Godrej, TVS ,Telco, 555, APPLE
• Trade Mark can be -
o sign , words, letters, numbers,
o drawings, pictures, emblem,
o colours or combination of colours,
o shape of goods,
o graphic representation or packaging or
o any combination of the above
as applied to an article or a product.
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55. Registration of Trade Mark
• Trade Marks are registered by national trade
mark registries and are valid in that country
• Registration is made after examination and
publication
• Period of registration is for 10 years but can be
renewed indefinitely
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56. Kinds of Trademarks
• Marks on goods
• Service Marks
• Certification trademark
• Collective Marks
• Well known marks
• Trade Names
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57. TRADE MARK
• Service Marks include banking, education, finance, insurance,
real estate ,entertainment,repairs, transport, conveying news and
information, advertising etc
• Certification Trade marks: Certified by the Proprietor as having
characteristics like geographical origin, ingredients, quality
e.g.AGMARK,WOOLMARK Certification mark cannot be used as a trade
mark.
» Certifies that the goods on which it is applied are
made of 100% wool. It is registered in 140 countries
and licensed to the companies which assure that they
will comply with the strict standards set out by the
Woolmark company , the owner of the mark.
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58. COLLECTIVE MARK
• COLLECTIVE MARK is a Mark that distinguishes
the goods -or services of members of association
from marks of other undertakings
• Who owns collective Mark ?
Association of persons
• It could be manufacturers, producers, suppliers,
traders or other profession bodies like institute of
chartered accountants, test cricketers association
etc.
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59. WELLKNOWN MARKS
•Coca Cola for soft drink
•Toblerone (Triangular-
shaped chocolates)
Trade Names
•Godrej- Furniture, Refrigerators, Storewell, Compactor etc
•GE- Bulbs
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60. Forms of TM
• Visual: Words, letters, numerals,
devices including drawings and
symbols or 2-D representations of
object or a combination of two or more
of these, colour combinations or colour
per se, 3-D sign as shape of goods or
packaging.
• Audio: Sounds, Musical Notes
• Olfactory: Smells
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61. What is protected and
what’s not?
• Right to use TM in relation to goods/
services as registered are protected (If
TM consists of several parts, protection
is for TM as a whole)
• State Emblems, Official Hallmarks,
Emblems of Intergovernmental
Organizations cannot be used as TM.
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63. What is a Geographical Indication?
Geographical Indication is an indication which
identifies goods as agricultural goods, natural
goods or manufactured goods as originating,
or manufactured in the territory of country, or
a region or locality in that territory, where a
given quality, reputation or other
characteristic of such goods is essentially
attributable to its geographical origin.
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64. • Explanation clarifies that GI need not be a
geographical name
E.g. Alphonso, Basmati
• Goods include goods of handicraft or of
industry and also foodstuff.
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65. Registration
• In India, geographical indications have to be
registered.
• Geographical Indications Registry examines
and publishes the application before
registration
• Registration is valid for 10 years but can be
renewed indefinitely
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66. Rights
• Exclusive right to use the Geographical
Indication on the goods
• Right to obtain relief for infringement of the
Geographical Indication
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68. Protectable Layout Designs?
• Original and novel Layout-Designs of
semiconductor integrated circuits can
get protection through registration
• Registration is done after examination
and publication of the application
• Registration is valid for 10 years
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69. Non-registrable Layout-Designs
• Not original
• Has been commercially exploited
anywhere in India or in a convention
country
• Not inherently distinctive
• Not inherently capable of being
distinguishable from any other
registered layout-design
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71. Trade Secrets
• Some inventions, data, information
cannot be protected by any of the
available means of IPRs. Such
information is held confidential as a
trade secret.
• Trade secret can be an invention, idea,
survey method,manufacturing process,
experiment results, chemical formula,
recipe, financial strategy, client
database etc. 71
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72. When Trade Secrets are
preferred?
• When invention is not patentable;
• Patent protection is limited to 20 years,
when secret can be kept beyond that
period;
• When cost of patent protection are
prohibitive;
• When it is difficult to reverse engineer
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73. How to guard Trade Secret?
• Restricting number of people having access
to secret information
• Signing confidentiality agreements with
business partners and employees
• Using protective techniques like digital data
security tools and restricting entry into area
where trade secret is worked or held
• National legislations provide protection in
form of injunction and damages if secret
information is illegally acquired or used. 73
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75. PROTECTION OF PLANT VARITIES
• Registrable varieties and criteria:
New Varieties
Novelty, Distinctiveness, uniformity and stability
Extant varieties
Distinctiveness, uniformity and stability
• Persons who can Register
Breeders, farmers, universities, agricultural institutes
• Period of protection
15 years for annual crops
18 years for trees and vines
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76. Rights of Breeders
• Production
• Sale
• Marketing
• Distribution
• Export
• Import
However, if the breeders’ variety is essentially derived
from a farmers’ variety, the breeder cannot give any
authorisation without the consent of the farmers or
communities from whose varieties the protected variety is
derived.
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77. Farmers’ Rights
• To save, use, sow, re-sow, exchange, share or sell
his farm produce including seed in the same
manner as he was entitled earlier (Seeds for sale
should not be branded)
• To full disclosure of the expected performance of
the Seeds or planting material by the plant
breeder. Where these fail to perform in the
manner claimed by the breeder, the farmer may
claim compensation from the plant breeder.
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78. Researchers’ Rights
Free and complete access to
protected materials for research
use in developing new varieties of
plants.
However, authorisation of the
breeder is required “whose repeated
use of such variety as parental line is
necessary for commercial production
of such other newly developed
variety”.
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80. International Organizations in IP
• World Intellectual Property Organisation
• World Trade Organisation
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81. IPR LICENSING AND TECHNOLOGY
TRANSFER
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82. Licensing of an IP
• Licence is a permission granted by an IP owner to
another person to use the IP on agreed terms and
conditions, while he continues to retain
ownership of the IP
• Licensing creates an income source
• It establishes a legal framework for transfer of
technology to a wider group of researchers and
engineers
• Creates market presence for the technology or
trademark
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83. Licensing Conditions of IPRs
• Owners of IP prefer to transfer technology through
licensing agreements only
• All rights or limited rights can be licensed
• Can be exclusive or non-excusive or sole (owner and
licensee)
• Most such agreements provide for royalty payment and
non-transfer to a third party.
• Royalties can be upfront, part upfront and part % per
production/sale, only % per production/sale
• The particular uses for which the IP can be used are also
generally specified
• Needs to be careful about the Competition law
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84. Is Licensing Profitable?
• IBM revenue from patent licensing $ 1.7 billion (2002)
• Texas Instruments generated $ 3 billion in licensing in
10 years
• US and Canadian Universities generated $ 1.1 billion in
royalties (2001)
• New York University $ 109 million (2004)
• Ohio University to get $52 M. From royalties on the
growth hormone drug SOMAVERT in 5 years (2011)
• CSIR $ 150 million in milestone payments + royalty
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