This document discusses key concepts relating to intellectual property including definitions of property, intellectual property, and different types of intellectual property. It outlines several theories justifying intellectual property protection and notes that intellectual property laws aim to reward creativity while competition laws aim to protect consumers. The document also describes several international treaties and agreements governing intellectual property, including the Paris Convention, Berne Convention, TRIPS Agreement, and Patent Law Treaty. It provides an overview of requirements for patentability such as novelty, inventive step, and industrial application.
This document provides an overview of intellectual property rights (IPR) and related international agreements. It begins with definitions of intellectual property and IPR, noting they grant exclusive rights over creative works. The document then discusses the history of IPR laws and treaties, including the Paris and Berne Conventions. It outlines the main types of IPR including copyrights, trademarks, patents, industrial designs, and geographical indications. The document also summarizes the key WTO agreements TRIPS and TRIMS, including their requirements around IPR standards and restrictions on certain investment measures.
It is a subject taught in Mandsaur University, it includes copyrights, patents, geographical indications, plant variety, trademarks and various conventions and agreement related to IPR
This document discusses licensing intellectual property rights and international agreements related to IP protection. It notes that licensing IP allows companies to expand globally without large capital investments. Key points covered include typical license provisions, definitions of intellectual property, international treaties like the Paris and Berne Conventions, protections for trademarks, patents, copyrights, and the TRIPS agreement under the WTO. Enforcement challenges and the gray market are also summarized.
The document discusses intellectual property rights (IPR) and the TRIPS and TRIMS agreements. It provides an overview of the history of IPR treaties and organizations like WIPO. It describes the different types of IPR like patents, copyrights, trademarks. It discusses why IPR is needed and outlines some of the key provisions and standards in TRIPS, including national treatment, enforcement procedures, and dispute settlement.
The TRIPS Agreement establishes minimum standards of protection for intellectual property rights that all WTO members must adhere to. It was negotiated during the Uruguay Round and incorporated into the WTO. The TRIPS Agreement covers copyright, trademarks, geographical indications, industrial designs, patents, trade secrets and more. It introduced intellectual property rules into the international trading system for the first time. Developing issues around TRIPS continue to be negotiated at the WTO.
Intellectual Property Rights Notes for B.Sc. & M.Sc. StudentsPradipta Banerjee
GATT, WTO, WIPO, TRIPS, BERNE convention, Madrid Protocol, Budapest Treaty, Copyright, Trademark and its types, Service mark, GI, Industrial design, Integrated circuits
IPR: Definition, Importance, and Origin
Trade Related Intellectual Property Rights (TRIPS): objective, features, and agreement.
Common types of IPR: patent, trademark, tradesecret,copyright, design registration, a geographical indication.
This document provides an overview of intellectual property rights (IPR) and related international agreements. It begins with definitions of intellectual property and IPR, noting they grant exclusive rights over creative works. The document then discusses the history of IPR laws and treaties, including the Paris and Berne Conventions. It outlines the main types of IPR including copyrights, trademarks, patents, industrial designs, and geographical indications. The document also summarizes the key WTO agreements TRIPS and TRIMS, including their requirements around IPR standards and restrictions on certain investment measures.
It is a subject taught in Mandsaur University, it includes copyrights, patents, geographical indications, plant variety, trademarks and various conventions and agreement related to IPR
This document discusses licensing intellectual property rights and international agreements related to IP protection. It notes that licensing IP allows companies to expand globally without large capital investments. Key points covered include typical license provisions, definitions of intellectual property, international treaties like the Paris and Berne Conventions, protections for trademarks, patents, copyrights, and the TRIPS agreement under the WTO. Enforcement challenges and the gray market are also summarized.
The document discusses intellectual property rights (IPR) and the TRIPS and TRIMS agreements. It provides an overview of the history of IPR treaties and organizations like WIPO. It describes the different types of IPR like patents, copyrights, trademarks. It discusses why IPR is needed and outlines some of the key provisions and standards in TRIPS, including national treatment, enforcement procedures, and dispute settlement.
The TRIPS Agreement establishes minimum standards of protection for intellectual property rights that all WTO members must adhere to. It was negotiated during the Uruguay Round and incorporated into the WTO. The TRIPS Agreement covers copyright, trademarks, geographical indications, industrial designs, patents, trade secrets and more. It introduced intellectual property rules into the international trading system for the first time. Developing issues around TRIPS continue to be negotiated at the WTO.
Intellectual Property Rights Notes for B.Sc. & M.Sc. StudentsPradipta Banerjee
GATT, WTO, WIPO, TRIPS, BERNE convention, Madrid Protocol, Budapest Treaty, Copyright, Trademark and its types, Service mark, GI, Industrial design, Integrated circuits
IPR: Definition, Importance, and Origin
Trade Related Intellectual Property Rights (TRIPS): objective, features, and agreement.
Common types of IPR: patent, trademark, tradesecret,copyright, design registration, a geographical indication.
DEVELOPMENT INTELLECTUAL PROPERTY LAW IN INDIA
Intellectual Property Rights are patents, copyrights, trademarks, geographical indicators, protection of undisclosed information, layout designs of integrated circuits, industrial designs and traditional knowledge that are recognized by the Trade Related Intellectual Property Rights agreement (TRIPS) and governed by the WTO (World Trading Organization).
Intellectual property rights are the rights given to persons over the creations of their minds and give the creator an exclusive right over the use of his/her creation for a certain period of time.
The document discusses different types of intellectual property rights including patents, copyrights, trademarks, and trade secrets. Patents protect inventions and provide exclusive rights to the inventor for a limited time. Copyrights protect original creative works like books, music, and art and provide automatic protection without registration. Trademarks protect distinctive signs and symbols that identify commercial goods and services. Trade secrets protect confidential business information. The document outlines the requirements and types of patents and copyright protections under intellectual property law.
1) The document discusses international intellectual property laws, including developments in trademark, copyright, and patent law.
2) It describes several international agreements and treaties that help standardize IP protections across countries, such as the Madrid Protocol, European Community Trademark, Berne Convention, WIPO Treaties, and TRIPS agreement.
3) Key international organizations that help administer IP law globally are also summarized, including WIPO, INTA, and relations between the US and foreign nations on IP standards.
This document summarizes several international conventions and treaties related to intellectual property rights:
- The Universal Declaration of Human Rights established the right to participate in cultural life and share in scientific advancement.
- The Paris Convention of 1883 established national treatment, right of priority, and independence of patents across countries.
- The Patent Cooperation Treaty of 1970 established an international system for filing patent applications.
- The Berne Convention of 1886 established automatic copyright protections for works across member countries.
- WIPO was established in 1967 to promote intellectual property protections worldwide and ensure cooperation between intellectual property unions and treaties. It became a UN agency in 1974.
These are the slides of a presentation to solicitors, barristers and others at 4-5 Gray;s Inn Square on 26 June 2013. It defines intellectual property ("IP") as the legal protection of intellectual assets ("IA") which are the brands, designs, technology or creative works that give a business a competitive advantage over its rivals. The study discusses how the law protects each of those assets: brands by designs, passing off, geographical indications and registered designs, for example,. and technology by patents, the law of confidence, unregistered design right, plant breeders rights and copyright. However, IP rights create monopolies and restraints of trade that are as harmful as any other. The law that creates these rights also regulates their subsistence and exercise. Thus, IP law strikes a balance between two conflicting interests: that of incentivizing creativity and innovation against promoting competition and freedom of trade. The tension between those two public interests has always existed and its appreciation is fundamental to understanding IP law. One instance where it appeared was in the Uruguay Round of negotiations of trade liberalization between 1986 and 1994 which led to the WTO agreement and TRIPS. Since 1994 IP protection has been one of the conditions of access to the markets of the leading industrial countries. TRIPS refers to four core treaties - Paris, Berne, Rome and Washington. These are the general protection treaties. Others, such as the PCT, Madrid and Hague, facilitate multiple patent, trade mark and registered design applications. There are classification agreements like Nice and Locarno and regional agreements like the European Patent Convention. The presentation considered the harmonization of European copyright, registered design and trade mark law and the Community trade mark and Community design regulations. It identified the core British statutes: the Patents Act 1977, Copyright, Designs and Patents Act 1988, the Trade Marks Act 1994 and the Registered Designs Act 1949. It discussed also some of the more important secondary legislation such as the Patents, Trade Marks and Registered Designs Rules. Finally, it identified some of the sources of law in print and on the internet listing the materials that can be downloaded from the IPO, EPO, OHIM, WIPO and other sites.
IPR-"Intellectual Propert Rights" Basics for B. Pharm GTU Studentspdb_13
The document discusses intellectual property rights (IPR) and related concepts. It defines intellectual property and intellectual property rights. It then discusses different types of IPRs like patents, designs, trademarks, copyright etc. It provides details on patent filing procedures in India. It also introduces international agreements related to IPR - GATT and TRIPS. It defines GATT as the General Agreement on Tariffs and Trade and TRIPS as the Trade Related Aspects of Intellectual Property Rights agreement under the World Trade Organization (WTO). The key objectives and principles of TRIPS are also summarized.
An Introduction to Intellectual Property for Commercial LawyersJane Lambert
These are the slides of a presentation that I gave to the Manchester Trainee Solicitors Group at BPP Law School in Manchester on 29 April 2015. This was a mixed audience consisting of trainee solicitors and graduate students. Most were from the UK but there were a few from other countries. Some of the trainees were employed in IP or TMT departments of major law firms. Others were in company and commercial departments. In this talk I decided to talk about the treaties and policy that shape our IP statutes.
The document discusses the World Trade Organization (WTO) and intellectual property rights. It provides an overview of the WTO, including that it deals with global trade rules and replaced GATT in 1995. It describes the principles of the WTO as non-discrimination, reciprocity, binding commitments, transparency, and safety valves. It then discusses the TRIPS agreement, which introduced intellectual property into the WTO and requires minimum standards for IP regulation.
The document discusses intellectual property rights (IPR) and provides information on various types of IPR including patents, trademarks, copyright, and industrial designs. It explains that IPR allow creators to benefit from their work and provides incentives for innovation. The document also summarizes India's IPR laws and international agreements on IPR. It notes that India is signatory to several treaties and has enacted laws to be compliant with international standards on patents, copyright, trademarks and other forms of intellectual property.
World Trade Organisation(WTO) ,TRIPS and IPR.Harsha
The World Trade Organization (WTO) is an intergovernmental organization that regulates international trade. It has 164 member countries. The WTO provides a framework for negotiating trade agreements and resolving disputes between members. It oversees numerous agreements covering trade in goods, services, and intellectual property, including patents, copyrights, and trademarks. The WTO's goal is to ensure open and fair trade for the benefit of all.
protectable subject matters, period of protection and protection in biotecth...B. BHASKAR
This document discusses intellectual property rights and the protection of subject matters in biotechnology. It covers the different types of intellectual property including patents, trademarks, copyrights, and trade secrets. It describes the subject matters protected under each type of intellectual property like inventions, literary works, symbols for commerce, and undisclosed information. The document also discusses geographical indications, integrated circuit layout designs, and the areas of biotechnology including healthcare, agriculture, and industrial applications that are protected by intellectual property rights.
There are three main types of property - real property (land), personal property (movable items), and intellectual property (creations of the mind). Intellectual property includes trademarks, copyrights, patents, and trade secrets. Trademarks identify the source of goods and services. Copyrights protect original creative works. Patents protect inventions. Trade secrets protect confidential business information. There are international organizations that promote intellectual property protection, such as WIPO, INTA, and treaties like the Berne Convention and Paris Convention. Infringement of trademarks, copyrights, and patents can result in civil lawsuits.
The document discusses intellectual property rights transfers between US firms and foreign businesses. There are several reasons why US firms may transfer their IPRs, such as receiving licensing fees, contributing technology to joint ventures, or shifting production to lower cost countries. International agreements like the Paris Convention and TRIPS Agreement established standards for protecting IPRs like patents, trademarks, and copyrights across signatory countries. The PCT and Madrid Protocol set up centralized filing systems for international patent and trademark applications.
This document provides an overview of patent laws and intellectual property rights in India. It explains that a patent gives an owner legal rights to exclude others from an invention for a limited time period in exchange for publicly disclosing the invention. The document discusses India's priority on overseas markets like the UK and the importance of understanding and enforcing intellectual property rights in India. It also summarizes India's patent history and current government laws around patents, the patent application process, costs associated with patents, alternatives to patents, benefits and criticisms of the patent system.
The document discusses several international agreements related to intellectual property rights:
- The World Trade Organization (WTO) established in 1995 replaced the General Agreement on Tariffs and Trade (GATT) and deals with international trade rules between nations.
- The TRIPS agreement administered by the WTO sets minimum standards for intellectual property regulation that member states must follow.
- Other agreements discussed include the Paris Convention protecting industrial property, the Berne Convention protecting artistic and literary works, the Budapest Treaty governing biological deposits, and the Madrid Protocol facilitating international trademark registration.
- The document also covers intellectual property rights relating to plant breeders' rights and biodiversity under agreements like the Convention on Biological Diversity.
The TRIPS agreement establishes international standards for intellectual property rights including copyrights, trademarks, geographical indications, industrial designs, patents, and trade secrets. It requires WTO members to provide minimum levels of protection for these intellectual property rights and provides a dispute resolution process to settle intellectual property disputes between members. The agreement covers issues like adequate protection of IP rights, enforcement of IP rights domestically, and transitional arrangements for implementing new IP protections.
Business law : Intellectual property right: Patents, trademarks, geographical...Renzil D'cruz
This document provides an overview of patents, trademarks, and geographical indications as forms of intellectual property rights, with relevant provisions from the WTO. It includes an introduction to intellectual property and the TRIPS agreement. Case studies on specific IP disputes are also presented. The document was authored by Renzil D'cruz for a business law course presentation. It contains sections on understanding patents, trademarks, geographical indications, the WTO agreement, and two index pages listing topics and references.
The document provides an overview of intellectual property rights (IPR) in India. It begins with definitions of intellectual property (IP) and IPR. It then discusses the different types of IP under industrial property and copyright. The document outlines the key IP laws and regulations in India, including the Patents Act, Trademarks Act, and Copyright Act. It also discusses international treaties and organizations related to IPR, such as TRIPS, WIPO, the Berne Convention, and the Budapest Treaty. Overall, the document covers the basic concepts and legal framework of IPR in India.
DEVELOPMENT INTELLECTUAL PROPERTY LAW IN INDIA
Intellectual Property Rights are patents, copyrights, trademarks, geographical indicators, protection of undisclosed information, layout designs of integrated circuits, industrial designs and traditional knowledge that are recognized by the Trade Related Intellectual Property Rights agreement (TRIPS) and governed by the WTO (World Trading Organization).
Intellectual property rights are the rights given to persons over the creations of their minds and give the creator an exclusive right over the use of his/her creation for a certain period of time.
The document discusses different types of intellectual property rights including patents, copyrights, trademarks, and trade secrets. Patents protect inventions and provide exclusive rights to the inventor for a limited time. Copyrights protect original creative works like books, music, and art and provide automatic protection without registration. Trademarks protect distinctive signs and symbols that identify commercial goods and services. Trade secrets protect confidential business information. The document outlines the requirements and types of patents and copyright protections under intellectual property law.
1) The document discusses international intellectual property laws, including developments in trademark, copyright, and patent law.
2) It describes several international agreements and treaties that help standardize IP protections across countries, such as the Madrid Protocol, European Community Trademark, Berne Convention, WIPO Treaties, and TRIPS agreement.
3) Key international organizations that help administer IP law globally are also summarized, including WIPO, INTA, and relations between the US and foreign nations on IP standards.
This document summarizes several international conventions and treaties related to intellectual property rights:
- The Universal Declaration of Human Rights established the right to participate in cultural life and share in scientific advancement.
- The Paris Convention of 1883 established national treatment, right of priority, and independence of patents across countries.
- The Patent Cooperation Treaty of 1970 established an international system for filing patent applications.
- The Berne Convention of 1886 established automatic copyright protections for works across member countries.
- WIPO was established in 1967 to promote intellectual property protections worldwide and ensure cooperation between intellectual property unions and treaties. It became a UN agency in 1974.
These are the slides of a presentation to solicitors, barristers and others at 4-5 Gray;s Inn Square on 26 June 2013. It defines intellectual property ("IP") as the legal protection of intellectual assets ("IA") which are the brands, designs, technology or creative works that give a business a competitive advantage over its rivals. The study discusses how the law protects each of those assets: brands by designs, passing off, geographical indications and registered designs, for example,. and technology by patents, the law of confidence, unregistered design right, plant breeders rights and copyright. However, IP rights create monopolies and restraints of trade that are as harmful as any other. The law that creates these rights also regulates their subsistence and exercise. Thus, IP law strikes a balance between two conflicting interests: that of incentivizing creativity and innovation against promoting competition and freedom of trade. The tension between those two public interests has always existed and its appreciation is fundamental to understanding IP law. One instance where it appeared was in the Uruguay Round of negotiations of trade liberalization between 1986 and 1994 which led to the WTO agreement and TRIPS. Since 1994 IP protection has been one of the conditions of access to the markets of the leading industrial countries. TRIPS refers to four core treaties - Paris, Berne, Rome and Washington. These are the general protection treaties. Others, such as the PCT, Madrid and Hague, facilitate multiple patent, trade mark and registered design applications. There are classification agreements like Nice and Locarno and regional agreements like the European Patent Convention. The presentation considered the harmonization of European copyright, registered design and trade mark law and the Community trade mark and Community design regulations. It identified the core British statutes: the Patents Act 1977, Copyright, Designs and Patents Act 1988, the Trade Marks Act 1994 and the Registered Designs Act 1949. It discussed also some of the more important secondary legislation such as the Patents, Trade Marks and Registered Designs Rules. Finally, it identified some of the sources of law in print and on the internet listing the materials that can be downloaded from the IPO, EPO, OHIM, WIPO and other sites.
IPR-"Intellectual Propert Rights" Basics for B. Pharm GTU Studentspdb_13
The document discusses intellectual property rights (IPR) and related concepts. It defines intellectual property and intellectual property rights. It then discusses different types of IPRs like patents, designs, trademarks, copyright etc. It provides details on patent filing procedures in India. It also introduces international agreements related to IPR - GATT and TRIPS. It defines GATT as the General Agreement on Tariffs and Trade and TRIPS as the Trade Related Aspects of Intellectual Property Rights agreement under the World Trade Organization (WTO). The key objectives and principles of TRIPS are also summarized.
An Introduction to Intellectual Property for Commercial LawyersJane Lambert
These are the slides of a presentation that I gave to the Manchester Trainee Solicitors Group at BPP Law School in Manchester on 29 April 2015. This was a mixed audience consisting of trainee solicitors and graduate students. Most were from the UK but there were a few from other countries. Some of the trainees were employed in IP or TMT departments of major law firms. Others were in company and commercial departments. In this talk I decided to talk about the treaties and policy that shape our IP statutes.
The document discusses the World Trade Organization (WTO) and intellectual property rights. It provides an overview of the WTO, including that it deals with global trade rules and replaced GATT in 1995. It describes the principles of the WTO as non-discrimination, reciprocity, binding commitments, transparency, and safety valves. It then discusses the TRIPS agreement, which introduced intellectual property into the WTO and requires minimum standards for IP regulation.
The document discusses intellectual property rights (IPR) and provides information on various types of IPR including patents, trademarks, copyright, and industrial designs. It explains that IPR allow creators to benefit from their work and provides incentives for innovation. The document also summarizes India's IPR laws and international agreements on IPR. It notes that India is signatory to several treaties and has enacted laws to be compliant with international standards on patents, copyright, trademarks and other forms of intellectual property.
World Trade Organisation(WTO) ,TRIPS and IPR.Harsha
The World Trade Organization (WTO) is an intergovernmental organization that regulates international trade. It has 164 member countries. The WTO provides a framework for negotiating trade agreements and resolving disputes between members. It oversees numerous agreements covering trade in goods, services, and intellectual property, including patents, copyrights, and trademarks. The WTO's goal is to ensure open and fair trade for the benefit of all.
protectable subject matters, period of protection and protection in biotecth...B. BHASKAR
This document discusses intellectual property rights and the protection of subject matters in biotechnology. It covers the different types of intellectual property including patents, trademarks, copyrights, and trade secrets. It describes the subject matters protected under each type of intellectual property like inventions, literary works, symbols for commerce, and undisclosed information. The document also discusses geographical indications, integrated circuit layout designs, and the areas of biotechnology including healthcare, agriculture, and industrial applications that are protected by intellectual property rights.
There are three main types of property - real property (land), personal property (movable items), and intellectual property (creations of the mind). Intellectual property includes trademarks, copyrights, patents, and trade secrets. Trademarks identify the source of goods and services. Copyrights protect original creative works. Patents protect inventions. Trade secrets protect confidential business information. There are international organizations that promote intellectual property protection, such as WIPO, INTA, and treaties like the Berne Convention and Paris Convention. Infringement of trademarks, copyrights, and patents can result in civil lawsuits.
The document discusses intellectual property rights transfers between US firms and foreign businesses. There are several reasons why US firms may transfer their IPRs, such as receiving licensing fees, contributing technology to joint ventures, or shifting production to lower cost countries. International agreements like the Paris Convention and TRIPS Agreement established standards for protecting IPRs like patents, trademarks, and copyrights across signatory countries. The PCT and Madrid Protocol set up centralized filing systems for international patent and trademark applications.
This document provides an overview of patent laws and intellectual property rights in India. It explains that a patent gives an owner legal rights to exclude others from an invention for a limited time period in exchange for publicly disclosing the invention. The document discusses India's priority on overseas markets like the UK and the importance of understanding and enforcing intellectual property rights in India. It also summarizes India's patent history and current government laws around patents, the patent application process, costs associated with patents, alternatives to patents, benefits and criticisms of the patent system.
The document discusses several international agreements related to intellectual property rights:
- The World Trade Organization (WTO) established in 1995 replaced the General Agreement on Tariffs and Trade (GATT) and deals with international trade rules between nations.
- The TRIPS agreement administered by the WTO sets minimum standards for intellectual property regulation that member states must follow.
- Other agreements discussed include the Paris Convention protecting industrial property, the Berne Convention protecting artistic and literary works, the Budapest Treaty governing biological deposits, and the Madrid Protocol facilitating international trademark registration.
- The document also covers intellectual property rights relating to plant breeders' rights and biodiversity under agreements like the Convention on Biological Diversity.
The TRIPS agreement establishes international standards for intellectual property rights including copyrights, trademarks, geographical indications, industrial designs, patents, and trade secrets. It requires WTO members to provide minimum levels of protection for these intellectual property rights and provides a dispute resolution process to settle intellectual property disputes between members. The agreement covers issues like adequate protection of IP rights, enforcement of IP rights domestically, and transitional arrangements for implementing new IP protections.
Business law : Intellectual property right: Patents, trademarks, geographical...Renzil D'cruz
This document provides an overview of patents, trademarks, and geographical indications as forms of intellectual property rights, with relevant provisions from the WTO. It includes an introduction to intellectual property and the TRIPS agreement. Case studies on specific IP disputes are also presented. The document was authored by Renzil D'cruz for a business law course presentation. It contains sections on understanding patents, trademarks, geographical indications, the WTO agreement, and two index pages listing topics and references.
The document provides an overview of intellectual property rights (IPR) in India. It begins with definitions of intellectual property (IP) and IPR. It then discusses the different types of IP under industrial property and copyright. The document outlines the key IP laws and regulations in India, including the Patents Act, Trademarks Act, and Copyright Act. It also discusses international treaties and organizations related to IPR, such as TRIPS, WIPO, the Berne Convention, and the Budapest Treaty. Overall, the document covers the basic concepts and legal framework of IPR in India.
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Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
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3. What is Property?
◦ Ownership ?
◦ Possession. ?
◦ Property is an object where ownership extends.
◦ Corporeal and Incorporeal
4. What includes Intellectual Property?
◦ 2(viii) WIPO
◦ i. Literary, artistic and scientific
◦ ii. Performance of performing artists
◦ iii. Inventions
◦ iv. Scientific discoveries.
◦ v. Industrial designs
◦ vi. TM, SM, etc
◦ vii. Protection from unfair competition.
◦ viii. Rights Results from intellectual activity
7. Justification for Intellectual Property
◦ Utilitarian Principles (Bentham)– greatest good for the maximum
number of people.
◦ Labour Theory (John Locke)– one who labours upon has a
natural right to the fruits of it. Therefore, state has a duty to
enforce and respect those natural right.
◦ Personality Theory (Kant and Hegel) – What is the moral
justification of any private ownership? Why property rights? Will
and sphere of freedom – self actualisation(lack of dependence) –
Absolute right of appropriation over a property one put his will
into must be there for anyone to have self actualisation.
9. Competition Law and Intellectual
Property Law
◦ CL – promotes and maintains competition.
◦ - protect the interest of the consumers.
◦ Therefore, Prohibits anti-competitive agreements
◦ IPL – confer exclusive rights and reduce competition between players.
◦ Justification
◦ - recognizes and rewards the creativity of the inventor.
◦ - acts as an inspiration or catalyst for further inventions or creative
works.
What happens after the expiry of the term of protection of IP?
11. International Legal Framework
◦ Reason for an International Framework – Distortion in
free trade, Insufficient legal framework in many
countries, discriminate against different foreign
nations, excessive protection, etc.
◦ Main treaties :
◦ Paris Convention 1883–covers Patents, TMs, and other
Industrial Properties.
◦ Berne Convention 1886 – Copyrights.
◦ GATT, 1947 and TRIPS Agreement, 1994.
12. Paris Convention 1883
◦ Deals with Industrial Property
◦ Established Paris Union (Bodies : Assembly and executive
committee)
Members of executive committee are elected from the Union.
Switzerland is ex officio member.
13. Paris Convention 1883
◦ Deals with Industrial Property
National Treatment
Common rules
Right of Priority
Each contracting state to the treaty
shall grant equal treatment to other
contracting states.
Application filed in any one of the contracting state will
be considered as the first application and the
subsequent applications in other contracting states will
be considered as if it had been filed on the same date as
that of the first application. Applicable for a certain
period of time. Eg: 6 months or 1 year.
There are some common rules, every states must follow.
In case patents: (1)Independency of patents between states. Patent granted or not granted in any
other state is not a ground for grant or refusal.
(2) Inventors Right to be named
(3) Patent cannot be refused based upon domestic laws.
(4) Rules regarding Compulsory License: Only after 3 years. May be done only after a requesting a
reason not to do that.
(5) Forfeiture of patent : shall not be done unless compulsory license is insufficient to prevent
abuse.
14. Paris Convention 1883
◦ Deals with Industrial Property
Common rules
There are some common rules, every states must follow.
In case Trade mark: Registration of a mark is independent of other contracting states.
Non-use will be liable for refusal to register only after a reasonable time.
Well known Trademark.
Protection of Industrial Designs : region of manufacture of the product is not relevant.
Unfair competition must be avoided.
15. Berne Convention for the protection of
Literary and Artistic works, 1886
◦Deals with the protection of the rights of
authors.
◦Principles.
◦ i. works originating in any one of the contracting state must be given
same protection in other contracting states as the country grant
protection to its own nationals.
◦ ii. Protection must not be conditional upon compliance with any
formality (principle of automatic protection).
◦ iii. Protection is independent of the existence of protection in the
country of origin (principle of independence of protection).
16. Berne Convention for the protection of
Literary and Artistic works, 1886
Minimum standards of Protection
◦ the right to translate
◦ the right to make adaptations and arrangements.
◦ the right to perform in public
◦ the right to recite
◦ The right to communicate to the public
◦ The right to broadcast,
◦ The right to make reproductions
◦ The right to use the work as a basis for an audiovisual work,
◦ moral rights- right to claim authorship of the work and the right
to object to any mutilation, deformation or other modification
17. TRIPS Agreement
◦Trade Related Aspects of Intellectual Property
Rights.
◦Established in 1994 and came in effect from 1st
Jan 1995 onwards in GATT.
◦GATT is replaced by WTO presently in 1995.
18. TRIPS Agreement
◦Important Points relating to TRIPS Agreement
◦ Recognizes all Intellectual Properties (eg:
Copyright, Patents, Industrial Designs, TM, GI,
layout designs of IC, and undisclosed information)
◦Raises the level of protection
◦.MFN
◦Substantial levels of protection for domestic laws.
◦Procedure for enforcement of IP laws
◦Dispute settlement procedures.
19. TRIPS Agreement
◦ TRIPS Protection
◦ --- Minimum standards of protection (subject matter)
◦ --- Rights to be conferred and permissible exceptions to
those rights.
◦ --- minimum duration of protection.
◦ --- provisions for enforcement (civil criminal and
administrative).
◦ --- Dispute settlement between member states.
20. TRIPS Agreement
◦ TRIPS Protection
◦ --- Minimum standards of protection (subject matter)
◦ --- Rights to be conferred and permissible exceptions to those
rights.
◦ --- minimum duration of protection.
◦ --- provisions for enforcement (civil criminal and
administrative).
◦ --- Dispute settlement between member states. (violation
leads to suspension of tariff concessions or other benefits in
trade sector).
21. Patent Law Treaty 2000
◦ Harmonize and streamline procedures with respect to National
and regional patent applications.
◦ Make the requirements more generous(mainly regarding
obtaining filing date) from the applicants point of view.
◦ Obtaining filing date made easier. It can be obtained if i. if its an
application for patent. ii. If there’s a contact of applicant. iii.
Description of invention.
Reduces the procedural gaps between international, regional and
national patent system.
Implementation of electronic filing of patent applications.
Ownership is the aggregate of all rights you have on an object. Couples with power liberty and immunity to possess, dispose, and destroy..
Section 54 and 55 Sale
Sec 52 easement Act deals with license.
Pproperty is not a necessary object for the survival of humans. Private property and personhood are related. Relationship b/w property and personhood. Olden days, concept of lease during King’s rule in India. Will and [sphere of] freedom(internal and external existence). Self actualisation or lack of dependence or ones independence. So putting ones Will into object(property) gives him independence or self actualisation.
Individuals in communal societies often have their interest in preservation well cared for as long as they fit the group’s conception of the good
Private property and personhood are related. Relationship b/w property and personhood. Olden days, concept of lease during King’s rule in India. Will and [sphere of] freedom(internal and external existence). Self actualisation or lack of dependence or ones independence. So putting ones Will into object(property) gives him independence or self actualisation.
Private property and personhood are related. Relationship b/w property and personhood. Olden days, concept of lease during King’s rule in India. Will and [sphere of] freedom(internal and external existence). Self actualisation or lack of dependence or ones independence. So putting ones Will into object(property) gives him independence or self actualisation.
Private property and personhood are related. Relationship b/w property and personhood. Olden days, concept of lease during King’s rule in India. Will and [sphere of] freedom(internal and external existence). Self actualisation or lack of dependence or ones independence. So putting ones Will into object(property) gives him independence or self actualisation.
Private property and personhood are related. Relationship b/w property and personhood. Olden days, concept of lease during King’s rule in India. Will and [sphere of] freedom(internal and external existence). Self actualisation or lack of dependence or ones independence. So putting ones Will into object(property) gives him independence or self actualisation.
that is, the right to claim authorship of the work and the right to object to any mutilation, deformation or other modification of, or other derogatory action in relation to, the work that would be prejudicial to the author's honor or reputatio
Filing date and Priority date – in 3 cases priority date can be earlier than filing date.
1 continuation application.
2. Domestic application based on foreign applications.
3. In case of provisional patent applications.
Private property and personhood are related. Relationship b/w property and personhood. Olden days, concept of lease during King’s rule in India. Will and [sphere of] freedom(internal and external existence). Self actualisation or lack of dependence or ones independence. So putting ones Will into object(property) gives him independence or self actualisation.