Advance Professional Practices

1. INTELLECTUAL PROPERTY
RIGHTS
Assignment 1
Advance Professional Practice
By: Deeksha Shukla
Priyal Maheshwari
Poloumi Mandal
Toshi Mahto

2. What is Intellectual Property?
 Intellectual property (IP) refers to creations of the mind, such
as:
- inventions;
- literary and artistic works;
- designs; and
- symbols, names and images used in commerce
 IP is protected in law by, for example, patents, copyright and
trademarks
 It enable people to earn recognition or financial benefit from
what they invent or create
 IP system aims to foster an environment in which creativity
and innovation can flourish

3. What are intellectual property
rights?
 Rights which allow creators, or owners, of patents,
trademarks or copyrighted works to benefit from their
own work or investment in a creation
 These rights are outlined in Article 27 of the Universal
Declaration of Human Rights
 Provides for the right to benefit from the protection of
moral and material interests resulting from authorship of
scientific, literary or artistic productions

4.  IP was first recognized in the Paris Convention for
the Protection of Industrial Property (1883) and the
BerneConvention for the Protection of Literary and
ArtisticWorks (1886)
 Both treaties are
administered by theWorld
Intellectual Property
Organization (WIPO)

5. Types of intellectual property
Copyright
Patents
Trademarks
Industrial designs
Geographical indications

6.  Copyright:
• it is a legal term used to describe the rights that creators
have over their literary and artistic works
• Works covered by copyright range from books, music,
paintings, sculpture and films, to computer programs,
databases, advertisements, maps and technical drawings
 Patents:
• A patent is an exclusive right granted for an invention
• a patent provides the patent owner with the right to
decide how - or whether - the invention can be used by
others

7.  Trademarks:
• A trademark is a sign capable of distinguishing the goods
or services of one enterprise from those of other
enterprises
• Trademarks date back to ancient times when craftsmen
used to put their signature or "mark" on their products
 Industrial designs:
• An industrial design constitutes the ornamental or
aesthetic aspect of an article
• A design may consist of three-dimensional features, such
as the shape or surface of an article, or of two-
dimensional features, such as patterns, lines or colour

8.  Geographical indications:
• Geographical indications and appellations of origin
are signs used on goods that have a specific
geographical origin and possess qualities, a
reputation or characteristics that are essentially
attributable to that place of origin
• Most commonly, a geographical indication includes
the name of the place of origin of the goods

9. Why Are Intellectual Property
Rights Important?
 Intellectual property (IP) contributes enormously to our
national and state economies
 Dozens of industries across our economy rely on the
adequate enforcement of their patents, trademarks, and
copyrights, while consumers use IP to ensure they are
purchasing safe, guaranteed products
 Without protection of ideas, businesses and individuals
would not reap the full benefits of their inventions and
would focus less on research and development
 Similarly, artists would not be fully compensated for their
creations and cultural vitality would suffer as a result

10.  We believe IP rights are worth protecting, both
domestically and abroad.This is why:
o Intellectual Property Creates and Supports High-Paying
Jobs
• IP-intensive industries employ over hundreds of millions of
people worldwide.
• Jobs in IP-intensive industries are expected to grow faster
over the next decade than the national average.
• The average worker in an IP-intensive industry earned
about 30% more than his counterpart in a non-IP industry
• The average salary in IP-intensive industries pay $50,576
per worker compared to the national average of $38,768

11. o Intellectual Property Drives EconomicGrowth and
Competitiveness
• America’s IP is worth $5.8 trillion, more than the nominal
GDP of any other country in the world.
• These industries also have 72.5% higher output per worker
than the national average, valued at $136,556 per worker.
• IP accounts for 74% of all U.S. exports- which amounts to
nearly $1 trillion.
• The direct and indirect economic impacts of innovation are
overwhelming, acounting for more than 40% of U.S.
economic growth and employment.

12. o Strong and Enforced Intellectual Property Rights Protect
Consumers and Families
• Strong IP rights help consumers make an educated choice
about the safety, reliability, and effectiveness of their
purchases.
• Enforced IP rights ensure products are authentic, and of
the high-quality that consumers recognize and expect.
• IP rights foster the confidence
and ease of mind that consumers
demand and markets rely on.

13. o Intellectual Property Helps Generate Breakthrough
Solutions to Global Challenges
• Nearly all of the 300 products on the World Health
Organization’s Essential Drug List, which are critical to
saving or improving people’s lives around the globe, came
from the R&D-intensive pharmaceutical industry that
depends on patent protections.
• Innovative agricultural companies are creating new
products to help farmers produce more and better
products for the world’s hungry while reducing the
environmental impact of agriculture.
• IP-driven discoveries in alternative energy and green
technologies will help improve energy security and
address climate change.

14. o Intellectual Property Rights Encourage Innovation and
Reward Entrepreneurs
• Risk and occasional failure are the lifeblood of the
innovation economy.
• IP rights incentivize entrepreneurs to keep pushing for new
advances in the face of adversity.
• IP rights facilitate the free flow of information by sharing
the protected know-how critical to the original, patented
invention.
• In turn, this process leads to new innovations and
improvements on existing ones.

15.  Bringing all of these important and diverse points
together is the fact that protecting IP is a non-
partisan issue that is shared by a broad coalition of
interests
 These rights are embraced by all sectors of
industry—small, medium and large companies
alike—and by labor organizations, consumer groups,
and other trade associations we bring together

16. YouTube case study
 The Delhi High Court passed an order of interim injunction
againstYouTube and its parent companyGoogle against
the business practice ofYouTube of earning profits at the
expense of a rightful copyright owner
 The suit was filed byT-series in the Delhi High Court
 The Delhi High Court issued notice and summons against
YouTube and Google
 passed an interim order restraining them from reproducing,
adapting, distributing, communicating, transmitting,
disseminating or displaying on their websites or otherwise
infringing in any manner any audio visual works in which
the Super Cassettes Industries (hereinafter referred as SCIL)
owns exclusive, valid and subsisting copyright

17.  The business model ofYouTube allows, encourages and
profits from use of copyrighted work uploaded on the
website without obtaining any license or permission from
the rightful copyright owners and without paying them any
royalty
 The profits from this business model, which is based on
copyright infringement, were enormous
 The arguments on the basis of which the injunction order
was passed were:
• YouTube and Google profit at SCIL's expense by showing
SCIL's songs for free to the public, while displaying
advertising on the screen and collecting revenue from the
advertisers based on the number of hits on the site

18. • SCIL’s revenue comes from manufacturing and selling DVDs,
CDs and audio cassettes of its copyrighted music and from
royalties collected by licensing the copyrighted music to
hotels, restaurants, television companies, radio stations,
telecom operators and internet websites
• YouTube LLC and its parent, Google Inc., have on their
websiteYouTube.com been showing videos of SCIL’s
copyrighted songs without SCIL’s license or permission
 The grounds which is highlighted byYouTube to avoid
copyright infringement during the hearing are as follows:
• Whenever a user uploads any videos onYouTube the
following message appears to avoid copyright infringement
“Do not upload anyTV shows, music videos, music concerts,
or commercials without permission unless they consist
entirely of content you created yourself

19.  Google has in the past objected to provisions in India's
InformationTechnology Act 2000 which make
intermediaries such as ISPs (Internet service providers),
website hosting companies, search engines, e-mail
services, and social networks, liable for their users' content
 Ironically, many other Internet operations such as
MySpace,TorrentSpy, DailyMotion and Break.com have set
up filtering systems to block copyrighted material
 With the passing of this restraining order, the Google and
YouTube to prevent users from uploadingT-Series content
 The other thing is - if this becomes a permanent injunction,
then it sets a precedent in India which will impact other
videosharing sites, including Rediff’s

20. The laws governing the IPR for
Indian companies:
 Agreement ofTrade Related Intellectual Property Rights
- better known asTRIP's
 to which India is a signatory, is an integral
part ofWTO and it has an enormous impact on Indian
business and trade partnerships
 India has complied its obligations by amending the
Indian Patents Act twice
 in the Patents Acts there are areas where substantive or
procedural amendments could be considered for
complying with theTRIPs

21.  Business methods/models or computer programme
comprising only of mathematical or scientific principles
are not patentable under the present Act
 Patents on the other hand are IP created by employees in
the course of their employment, but when it comes to the
owing of the right to the IP created is on the facts and
circumstances of a particular employer-employee
relationship
 Many Indian Companies have framed an IPR Policy to this
effect, but in absence of any such policy the clarity of
ownership is again a question mark

22.  Another way by which Indian Companies can benefit
monetarily to a large extent is by IP licensing
 The strategy of licensing IP is also perhaps the best way
for all Indian companies to walk the middle road between
services and products specially software
 IP can also act as a competitive barrier to stop other
companies from targeting your niche domain
 Further, the same IP can also be used to provide services
in a faster manner, though commercialization and
marketing remains the key issue for an IP

23. Example: need of IPR
 problem which has been faced by the Community Radio
Rules stations in India
 there are different kinds of broadcasters are active but
neither in Copyright Amendment Act,2012 nor
in Copyrights Rules the distinction is mentioned
 There are basically two kinds of stations - Corporate
owned FM radio stations and Community radio stations
 Both work differently
 No express distinction has been made between the
commercial radio broadcasters and the community radio
broadcasters

24.  Corporate owned station or commercial radio are
basically profit oriented and the business is depends
upon the paid programs and advertisement
 Whereas the community radio stations are different in
both ways, in terms of purpose and operating sense and
provided only to nonprofit legal entities such as krishi
vigyan kendras and educational institutions
 The content is basically development
 These stations normally struggles for financial
sustainability and depends upon small donations from
the state, communities and specific agencies
 But this is not the same case with the commercial radio
stations

25.  There are also complaints regarding the insufficient
compensation/royalty provided to the copyright
owner in exchange of their copyright work
 The rights of the copyright owners has been denied
 The term “exclusive right” which is the basis of
the Copyright Act has lost its significance
 Such cases require special copy rights acts

26. Conclusion
A common man comes across intellectual properties from
dawn to dusk. From waking up from a Gautier bed, using a
comfortable Sleepwell mattress and pillows, having a cup of
Taj MahalTea, then wearing a Nike track suite and shoes for
a morning walk, he deals with these properties. A Modern
Bread or Mother Dairy Milk or a cup of Nescafe at the
breakfast, going in a Zen car to the office, using a Compaq
computer and coming back in a car. In the evening,
watching SonyTelevision and fixing alarm in his/ her Swatch
watch to wake-up in the morning, he uses the products
which are intellectual properties of some one.

27. These properties have been covered under a patent or
a copy right or a trade mark. Since a common man's life
is very closely linked with articles and products which
are protected by law under intellectual rights.The
copying, imitation, adaptation, and un-authorised
reproduction of these things, without the permission of
the owner, may amount to a serious offence.
Therefore, the knowledge about intellectual property
right is must for a common man

28. References
 http://www.wipo.int/edocs/pubdocs/en/intproperty/450/wipo_pub_4
50.pdf
 http://www.wipo.int/about-ip/en/
 http://www.stopfakes.gov/learn-about-ip/ip/importance
 http://www.legalservicesindia.com/
 https://www.nibusinessinfo.co.uk/content/importance-protecting-
intellectual-property
 http://www.theglobalipcenter.com/why-are-intellectual-property-
rights-important/
 https://www.atu.edu/jbao/spring2005/MangalSpring2005.pdf