This document summarizes several key pieces of Indian legislation protecting intellectual property rights. It discusses the Trademarks Act of 1999, the Copyright Act of 1957, the Designs Act of 2000, the Geographical Indications Act of 1999, the Protection of Plant Varieties and Farmers' Rights Act of 2001, the Patents Act of 1970, and the Biological Diversity Act of 2002. For each, it provides a brief overview and discusses available remedies for infringement. The legislation aims to strengthen legal protections for inventions, artistic works, designs, trademarks, and more, through registration systems and by enabling enforcement actions like injunctions and damages.
The Protection of Plant Varieties and Farmers’ Rights ActMahendra Pal
Intellectual property (IP) is a legal concept that includes copyrights, trademarks, patents, and related rights. Under intellectual property law, the holder of one these abstract "properties" has certain exclusive rights to the creative work, commercial symbol, or invention which is covered by it. In India, the Plant Variety Protection (PVP) and Farmers Rights Bill, 1999, proposes protection for all genera and species notified by the Central Government for a period of 15 and 18 years for herbaceous and woody species respectively subject to
the satisfaction of the NDUS ( Novelty, Distinctness, Uniformity and Stability)
criteria Protection is also extended to essentially derived varieties (EDVs). Researcher’s privilege is provided to ensure continuous improvement of varieties. Breeders from any country, honouring the principle of reciprocity, are permitted to apply for protection.
The Protection of Plant Varieties and Farmers’ Rights ActMahendra Pal
Intellectual property (IP) is a legal concept that includes copyrights, trademarks, patents, and related rights. Under intellectual property law, the holder of one these abstract "properties" has certain exclusive rights to the creative work, commercial symbol, or invention which is covered by it. In India, the Plant Variety Protection (PVP) and Farmers Rights Bill, 1999, proposes protection for all genera and species notified by the Central Government for a period of 15 and 18 years for herbaceous and woody species respectively subject to
the satisfaction of the NDUS ( Novelty, Distinctness, Uniformity and Stability)
criteria Protection is also extended to essentially derived varieties (EDVs). Researcher’s privilege is provided to ensure continuous improvement of varieties. Breeders from any country, honouring the principle of reciprocity, are permitted to apply for protection.
TREATIES ON IPR PROTECTION
Berne Convention for the Protection of Literary and Artistic Works
Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods (1891).
The paris Convention
Beijing Treaty on Audiovisual Performances (2012)
Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite (1974)
Marrakesh Treaty (2013)
Nairobi Treaty on the Protection of the Olympic Symbol (1981)
Patent Law Treaty (PLT) (2000)
Phonogram convention (1971)
TYPES OF INTELLECTUAL PROPERTIES AND LEGISLATIONS COVERING IPR IN INDIA : PAT...KISHLAYRANJAN
TYPES OF INTELLECTUAL PROPERTIES AND LEGISLATIONS COVERING IPR IN INDIA: PATENTS, COPYRIGHTS
In this presentation, you will get to know about copyright, patents, and Intellectual property rights in India. The duration of patent and how copyright is different from the patent.
compulsory licensing of patents in India how to get compulsory licensing in India, procedure, rights involved, act and sections,limitation of compulsory licensing, government rights for compulsory licensing,well good for law students
TREATIES ON IPR PROTECTION
Berne Convention for the Protection of Literary and Artistic Works
Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods (1891).
The paris Convention
Beijing Treaty on Audiovisual Performances (2012)
Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite (1974)
Marrakesh Treaty (2013)
Nairobi Treaty on the Protection of the Olympic Symbol (1981)
Patent Law Treaty (PLT) (2000)
Phonogram convention (1971)
TYPES OF INTELLECTUAL PROPERTIES AND LEGISLATIONS COVERING IPR IN INDIA : PAT...KISHLAYRANJAN
TYPES OF INTELLECTUAL PROPERTIES AND LEGISLATIONS COVERING IPR IN INDIA: PATENTS, COPYRIGHTS
In this presentation, you will get to know about copyright, patents, and Intellectual property rights in India. The duration of patent and how copyright is different from the patent.
compulsory licensing of patents in India how to get compulsory licensing in India, procedure, rights involved, act and sections,limitation of compulsory licensing, government rights for compulsory licensing,well good for law students
Indian act on IPRs, CBD, Copyright Act, 1957
The Patents Act, 1970
The Geographical Indications of Goods (Registration and Protection) Act, 1999
The Trade Marks Act, 1999
The Designs Act, 2000
The Semiconductor Integrated Circuits Layout-Design Act, 2000
Protection of Plant Varieties and Farmers' Rights Act, 2001
Biological Diversity Act, 2002
RATIONALE OF COPYRIGHT PROTECTION
What is copyright?
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.
Why should copyright be protected?
Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.
Is it not true that strict application of the principle of protection of copyright hampers economic and cultural development of the society?
Yes. If copyright protection is applied rigidly, it can hamper progress of the society. However, copyright laws are enacted with necessary exceptions and limitations to ensure that a balance is maintained between the interests of the creators and of the community.
To strike an appropriate and viable balance between the rights of the copyright owners and the interests of the society as a whole, there are exceptions in the law. Many types of exploitation of work which are for social purposes such as education, religious ceremonies, and so on are exempted from the operation of the rights granted in the Act. Copyright in a work is considered as infringed only if a substantial part is made use of unauthorizedly. What is ‘substantial’ varies from case to case. More often than not, it is a matter of quality rather than quantity. For example, if a lyricist copy a very catching phrase from another lyricist’s song, there is likely to be infringement even if that phrase is very short.
Does the law allow any use of a work without permission of the owner of the copyright, and, if so, which are they?
Subject to certain conditions, a fair deal for research, study, criticism, review and news reporting, as well as use of works in library and schools and in the legislatures, is permitted without specific permission of the copyright owners. In order to protect the interests of users, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. Some of the exemptions are the uses of the work
1.
for the purpose of research or private study,
2.
for criticism or review,
3.
for reporting current events,
4.
in connection with judicial proceeding,
5.
performance by an amateur club or society if the performance is given to a non-paying audience, and
6.
the making of sound recordings of literary, dramatic or musical works under certain conditions.
What is the scope of protection in the Copyright Act,1957 ?
The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright in an idea.
Does copyright apply to titles and names ?
Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright a work must be original.
WORK
What is a work?
A work means any of the following , namely, a literary, dramatic, musical or artistic work
IP law Introduction in India By Vijay Pal Dalmia, Advocate, Delhi High Court, Partner and Head IP & IT Laws Division, Vaish Associates Advocates India
Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.
It is according to the new syllabus of Business regulatory Framework (B.R.F.) of Veer Narmad South Gujarat University. It includes basic understanding of intellectual property rights. meaning, term period, registration process and act under which different intellectual property falls, are also included in these slides.
A patent is a set of exclusive rights granted by a state (national government) to an inventor for a limited period of time in exchange for a public disclosure of an invention.
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June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
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• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
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http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
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This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
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The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
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INDIAN LEGISLATION IN PROTECTING IPR
1. INDIAN LEGISLATION IN PROTECTING IPR
WEL COME
Muttanna Iliger
PGS14AGR6592
Dept.Agronomy
2. INTELLECTUAL PROPERTY
• What is Property?
any asset or thing that is owned by a person or entity:
tangible or intangible.
• When does a property called “intellectual” property?
when it is the result of human mind/intellect/thinking
process
• Intellectual Property (IP) is a legal term that refers to
creations of the human mind and human intellect, such as
inventions; literary and artistic works; designs; and
symbols, names and images used in commerce.
3. • IP is protected in law by for example patents, copyrights
and trademarks, Geographical indications, etc which
enable people to earn recognition or financial benefit from
what they invent or create.
• Legislation- it’s a body of law enacted.
• Amendment- modification of constitution of a nation or a
state.
• Act- it is a statute which enacted as primary legislation
by a nation or sub nation parliament.
4. Legal changes in India to protect IPR
• Trademark Act 1999
• Indian copyright Act 1957
• Designs Act 2000
• Registration & protection of geographical indications
(Goods) Act 1999
• Protection of plant varieties and farmers’ rights Act 2001
• Indian patent Act 1970
• Biological diversity Act 2002
5. Trade Marks Act, 1999.
• Purpose of the Act:- An Act which helps provide registration
and better protection of trade marks for goods and services .
• Trade marks act enacted in 1999.
• Enforcement-15th April 2004
Protection of Trade marks and Remedies by
following ways
1) Infringement Action : If any invasion of this registered
trade mark by any other person he can protect his trade mark
by an action for infringement in which he can obtain
INJUNCTION, DAMAGES OR ACCOUNT OF PROFIT made
by the other person.
6. 2) Passing Off Action : Here, the Trade Mark need not be
registered. “passing off”, the main principle is that no one
has any right to represent for trade purposes, his goods or
business as being the goods or business of somebody else.
3) Criminal Action:- Criminal complaints can be filed in the
court of Metropolitan Magistrate or First Class judicial
magistrate against accused person.
Copyright
• A Copyright shall subsist in an original literary work.
• Copyright protects only what is EXPRESSED and not the
IDEA that has been used to express.
• Indian copyright Act 1957
• Amendments- 1981, 1984, 1994, and 1999 (w.e.f. 15
January 2000)
7. Remedies for infringement
a) Civil remedy- one may file for injunction, damages and
accounts rendition, delivery of infringing copies and
damages for conversion.
b) Criminal remedy- one may file for imprisonment and
fine, and delivery of them to the owner.
c) Administrative remedy- one may file for moving the
Registrar to ban the import of infringing copies.
8. Designs Act, 2000.
• Expressing a mental conception in a physical form is called
design.
Objects of the Designs Act, 2000.
• Legal system for protection of Industrial design to be made
more efficient.
• To promote design activity in order to promote the design
element in an article of production.
Remedies for Infringement of Design
• Any person liable for contravention (every contravention) has
to pay to the registered proprietor of the design, a sum not
exceeding Rs.25,000/-, . The proprietor can also bring a suit
for damages for such contravention and for an injunction
against repetition. The total sum recoverable cannot exceed
Rs.50,000/-
9. Geographical indications of
goods(Registration and protection) Act, 1999.
• Geographical Indication : it is the indication which
identifies goods such as agricultural goods, natural goods
or manufactured goods or originating or manufactured in
the territory of a country or a region or locality in that
territory.
Remedies for Infringement of GI
• Section 22 of the Act deals with infringements if An
Unauthorised user using a registered GI Proceedings can
be instituted to prevent or to recover damages for the
infringement of a registered GI.
10. Protection of Plant varieties and
Farmers’ Rights Act, 2001.
Protection of rights of breeder, researcher and farmers
• The rights of the breeders are protected by granting them
a monopoly to use and sell the seeds and planting
materials of the new plant varieties evolved by them
through a system by which they are granted registration.
• If other use the registered plant varieties for production
and sale of seeds and other planting material have to
take a license from the breeder by paying him fees.
Remedies for Infringement of PPV and FR act
Sections against violation of registered variety
Sec 71 – punishable offence with heavy fine
Sec 72 – punishable offence
Sec 73 – Penalty for subsequent offence
11. Patents Act, 1970
• A patent is a right granted to a person who has invented a
new and useful article or an improvement of an existing
article or a new process of making an article.
• Patent act enacted in 1970.
• Amendments – 1999 , 2002 , 2005. w.e.f 20-3-2005.
Remedies for Infringement of Patent
• Action for infringement of a patent must be instituted by
filing a suit in the Court having jurisdiction not inferior to
that of a District Court.
• For infringement relief is injunction and at the option of the
plaintiff, either damages or an account of profits.
• The limitation period for taking action for infringement is
three years from the date of infringement.
12. Biological Diversity Act, 2002
• Biological Diversity refers to the the variety of all life on
earth. It includes diversity of ecosystems, species and the
ecological processes that support them
• The Biodiversity Act was amended in May 2009
Remedies for Infringement in Biodiversity
• The penalties for contravening the Act have been
increased to a fine of up to Rs 5 million for a first offence
and up to Rs 10 million for a subsequent offence, and/or
imprisonment for up to 10 years.
