The document discusses the history and challenges of patent systems. It describes how patent systems originated in the Renaissance with early examples in Florence and Venice. Key developments include the English Statute of Monopolies in 1624, the US Constitution in 1787, and the Paris Convention of 1883. More recently, the World Trade Organization established rules on intellectual property through the Trade Related Aspects of Intellectual Property Rights agreement in 1994. The presentation questions whether new industrial revolutions driven by open source hardware and digital fabrication will change society's understanding and use of intellectual property.
Lect 1.2 Intellectual property rights an overviewMukesh Karnwal
The World Intellectual Property Organization (WIPO) was created in 1970 to promote the protection of intellectual property worldwide. WIPO seeks to promote IP protection under the convention that established it. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) requires WTO member states to provide strong protection for intellectual property rights, including minimum standards for many forms of IP regulation. TRIPS was negotiated in 1994 and remains the most comprehensive international IP agreement.
The document discusses the evolution of intellectual property rights from ancient times to modern times. It provides an overview of key IP laws and treaties in India and compares India's IP system to China's. It also summarizes IP filing statistics globally and in India. Academia's role and challenges in promoting IP awareness are also briefly covered.
Some background information for a dialogue with Carwyn Edwards on copyright and ICT organized by North Wales Tech and North Wales Creative on 21 April 2021,
This document discusses intellectual property rights and related topics. It begins with an introduction of the author Jacques Folon and his background. It then discusses several criticisms of intellectual property rights, including that many internet users do not consider piracy to be theft. The document also discusses the history and increasing lengths of copyrights. It examines whether intellectual property rights are truly a form of property in the same way as other types of property. The purpose and types of intellectual property rights are also explained, including inventions, signs, designs, copyrights and neighboring rights. The document concludes by raising questions about the limits of intellectual property rights, particularly regarding content on the internet and social media.
This document provides information about intellectual property (IP). It defines IP as creations of the mind like literary works, art, symbols and names used in commerce. IP is treated as a property right that allows creators to benefit from their work. The importance of IP was first recognized in the Paris and Berne Conventions of 1883 and 1886 respectively. An efficient IP system helps realize its potential for economic growth by balancing the interests of innovators and the public. The document also discusses intellectual property rights, the TRIPS agreement, industrial design, and the Indian Designs Act of 2000.
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.
Lect 1.2 Intellectual property rights an overviewMukesh Karnwal
The World Intellectual Property Organization (WIPO) was created in 1970 to promote the protection of intellectual property worldwide. WIPO seeks to promote IP protection under the convention that established it. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) requires WTO member states to provide strong protection for intellectual property rights, including minimum standards for many forms of IP regulation. TRIPS was negotiated in 1994 and remains the most comprehensive international IP agreement.
The document discusses the evolution of intellectual property rights from ancient times to modern times. It provides an overview of key IP laws and treaties in India and compares India's IP system to China's. It also summarizes IP filing statistics globally and in India. Academia's role and challenges in promoting IP awareness are also briefly covered.
Some background information for a dialogue with Carwyn Edwards on copyright and ICT organized by North Wales Tech and North Wales Creative on 21 April 2021,
This document discusses intellectual property rights and related topics. It begins with an introduction of the author Jacques Folon and his background. It then discusses several criticisms of intellectual property rights, including that many internet users do not consider piracy to be theft. The document also discusses the history and increasing lengths of copyrights. It examines whether intellectual property rights are truly a form of property in the same way as other types of property. The purpose and types of intellectual property rights are also explained, including inventions, signs, designs, copyrights and neighboring rights. The document concludes by raising questions about the limits of intellectual property rights, particularly regarding content on the internet and social media.
This document provides information about intellectual property (IP). It defines IP as creations of the mind like literary works, art, symbols and names used in commerce. IP is treated as a property right that allows creators to benefit from their work. The importance of IP was first recognized in the Paris and Berne Conventions of 1883 and 1886 respectively. An efficient IP system helps realize its potential for economic growth by balancing the interests of innovators and the public. The document also discusses intellectual property rights, the TRIPS agreement, industrial design, and the Indian Designs Act of 2000.
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.
This document provides an introduction to intellectual property rights. It discusses the key concepts of property and intellectual property. The seven main types of intellectual property instruments are described as patents, trademarks, geographical indications, industrial designs, integrated circuit layout designs, trade secrets, and copyrights. For each type, the document outlines what is protected, requirements for protection, duration of protection and other key details.
Dr. S. MANIKANDAN, M.Sc., Ph.D.,
Lecturer in Botany
Thiruvalluvar University Model Constituent College,
Tittagudi 606 106, Tamil Nadu, India.
Email id: drgsmanikandan@gmail.com
This document provides an overview of intellectual property rights (IPR) in India. It begins by defining intellectual property and IPR. It then classifies different types of IPR like patents, trademarks, copyrights, designs, geographical indications, and plant varieties. It discusses the duration of protection for each type of IPR and how IPR adds value at different stages of innovation and commercialization. The document also outlines various Indian acts governing different IP assets and the remedies available for patent and copyright infringement. It discusses steps taken by Indian pharmaceutical companies and the government to strengthen IPR protection in India.
This document summarizes key provisions of Indian copyright law and proposed amendments. It discusses:
- India's international treaty obligations regarding copyrights
- Objectives of the proposed 2010 amendments, including bringing law into conformity with WIPO internet treaties
- Notable proposed amendments regarding definitions, rights of authors, performers, film/music industries
- Provisions on digital rights management, copyright societies/boards, exceptions for persons with disabilities and more
- Expanded fair use and compulsory licensing provisions
The document provides an overview of the major areas and goals addressed in proposed amendments to update Indian copyright law.
The World Intellectual Property Organization (WIPO) is a specialized UN agency dedicated to developing an accessible international IP system. It was established in 1967 and is headquartered in Geneva, Switzerland. WIPO promotes the protection of IP including copyrights, patents, trademarks, and industrial designs. It works to establish international IP laws and provides global registration and protection services for IP. Its goals include facilitating the use of IP for development and building cooperation and understanding of IP worldwide.
How International IP Laws Affect PR Practice in the Digital AgeSarah Jackson
This document summarizes Cayce Myers' presentation on how international intellectual property laws affect public relations practice in the digital age. The presentation covered key differences between U.S. copyright law and laws abroad, implications for PR practitioners working internationally, and emerging issues at the intersection of social media and copyright. International copyright is governed by individual nations' laws and international treaties. Enforcement of judgments abroad and pursuing infringement claims can be difficult for U.S. practitioners. Social media platforms also present new copyright challenges both domestically and globally.
The document discusses invention, innovation, and discovery in the music industry and technology more broadly. It defines key terms like invention, innovation, patents, trademarks, and copyrights. It also provides a brief history of innovation in music players from the phonograph to modern CD players and computers to illustrate how technology has evolved over time through invention and innovation.
The document provides information about patents and intellectual property from several countries. It defines what a patent is and lists the basic requirements for patents such as being new, inventive, and having industrial application. It then gives details on the specific requirements and processes for obtaining patents in the UK, US, Mexico, and other countries. Key inventions from the UK, US, and Mexico are highlighted. The US and UK are identified as global leaders in science and technology spending and research. Mexican scientists and organizations supporting science and technology are also mentioned.
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.
The document summarizes the Trade Related Aspects of Intellectual Property Rights (TRIPS) agreement. It discusses how TRIPS aims to reduce barriers to trade posed by lack of adequate intellectual property protection. It requires minimum standards for copyright, trademarks, geographical indications, industrial designs, patents, and enforcement procedures. TRIPS establishes that intellectual property rights should be protected across all WTO member countries to promote international trade while balancing public interests.
This document provides an overview of intellectual property law. It covers the main areas of patents, trademarks, and copyrights. The purpose of intellectual property law is to incentivize innovation by granting exclusive rights to creations. Two landmark cases are discussed: in Kellogg Co. v. National Biscuit Co., the Supreme Court ruled that the term "shredded wheat" was not trademarkable. In Lucasfilm Ltd. v. High Frontier, the court ruled that interest groups could use the term "star wars" as long as it was not attached to a product or service. The future of intellectual property law remains important to promote innovation through legal protections of ideas and inventions.
This document discusses various aspects of intellectual property including ownership, protection periods, and rights of owners. It covers different types of intellectual property like trademarks, patents, copyrights, industrial designs, and geographical indications. For each type, it describes what they protect, validity periods, rights of owners such as controlling use and distribution, and circumstances for expiration. The key rights discussed are reproduction, distribution, transfer through assignment or licensing, and ability to sue for infringement.
Meaning and scope intellectual property rightsAkshay Kumar
This document defines intellectual property and provides an overview of intellectual property rights. It begins by defining intellectual property as creations of the mind like inventions, literary/artistic works, and symbols. The document then discusses the history of intellectual property laws from the 15th century to modern international conventions. It outlines the major types of intellectual property rights like copyrights, patents, trademarks etc. and provides examples of related Indian legislation. The document discusses challenges like piracy due to digitization and the internet. It concludes with the importance of intellectual property for economic growth and innovation.
"Intellectual Property Basics for Entrepreneurs"--presentation by Pat Werschu...GoldsteinPatentLaw
Goldstein attorney Pat Werschulz was a guest lecturer at Rutgers University on Wednesday, February 20. Pat spoke on “Intellectual Property Basics for Entrepreneurs,” to the graduate students in Ernest Ruffin, Jr.’s ‘Foundations of Entrepreneurship’ course. Mr. Ruffin is Managing Director of ECSMG Consulting, LLC (www.ecsmg.com), and Adjunct Professor of Entrepreneurship at the university. The course is a core requirement of the Entrepreneurship MBA program at Rutgers.
The document summarizes the World Intellectual Property Organization (WIPO). WIPO is a UN agency dedicated to intellectual property protection. It has 187 member states and administers 26 treaties. Francis Gurry is the current Director General. WIPO provides global intellectual property services, sets international IP policy and standards, and facilitates international cooperation on IP issues. It aims to promote creativity and technological innovation for the benefit of all.
I took my first Patent Law course in the fall of 2010 at Suffolk University Law School. My instructor was Matthew Lowrie. Presented is my outline ("my notes") from the course that I wrote and used to prepare for the final examination. Please note the date Fall 2010 -- patent law has changed since these notes were written. For example, the notes are post In re Bilski, but pre American Invents Act, Prometheus, etc. You should write your own outline and use this one, mine, as merely a guide.
By dowloading, using, distributing or assisting in the distribution of my notes, you agree to indemnify, defend, and hold me harmless against any expense, judgment, damage, or loss (including reasonable legal fees) arising from any claim against you by a third party which arises out of or is based on your use or possession of my notes.
My notes are posted "As Is" and are representative of my personal interpretation of patent law as a then second year (2LE) law student. Download, print, use, and distribute at your own risk. I MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY COPYRIGHT IN MY NOTES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE. I EXTEND NO WARRANTIES OF ANY KIND AS TO COPYRIGHT CONFORMITY WITH WHATEVER SLIDES, MANUALS OR OTHER LITERATURE MAY BE ISSUED BY ME FROM TIME TO TIME. Furthermore, and not to limit the foregoing, I makes no warranty or representation that the exploitation of any copyright in my work or any derivative thereof will not infringe any patents or other intellectual property rights of a third party.
This document provides an overview of intellectual property law concepts including patents, copyrights, trademarks, and unfair competition. It defines these types of intellectual property, how they are obtained and protected, what constitutes infringement, and key related cases. For patents, it discusses requirements, subject matter eligibility, obviousness determinations. For copyright, it outlines automatic protections, duration, work-for-hire doctrine. It also examines trademark registration, dilution, and e-commerce infringement. The document concludes with trade secrets, commercial torts like product disparagement, and sample test questions.
IPR: Legal Issues in Research Data Collection and Sharing by EUDAT | www.euda...EUDAT
| www.eudat.eu | v1.0, June 2014 - The development of skills and competence to manage IPR and leverage its influence requires increasing focus. However, how much detail do you know? Take copyright for example, What exactly is protected?, What rights are reserved and for how long? This presentation addresses such questions on copyright and other topics such as Database Right, Trade Secret and Licensing.
Who is it for?: Researchers, Data Managers, General public.
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 document discusses intellectual property rights in the Philippines as governed by the Intellectual Property Code of the Philippines. It defines various types of intellectual property that are protected such as copyrights, trademarks, geographical indications, industrial designs, patents, integrated circuit layout designs, undisclosed information, utility models, and plant variety protections. It also discusses the Intellectual Property Office of the Philippines which was created to administer these intellectual property rights and implement state policies on intellectual property. The document outlines the office's services which include registration and granting of intellectual property rights as well as legal remedies, technology transfer, mediation, training, and advisory services.
This document discusses intellectual property and related ethical issues in information technology. It covers key topics like copyrights, patents, trade secrets, plagiarism, reverse engineering, open source code, competitive intelligence, trademark infringement, and cybersquatting. The objectives are to understand what intellectual property encompasses and why it is important, the strengths and limitations of different protections, how to combat plagiarism, issues with reverse engineering, the premise of open source code, the difference between competitive intelligence and industrial espionage, and how to protect against cybersquatting.
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.
This document provides an introduction to intellectual property rights. It discusses the key concepts of property and intellectual property. The seven main types of intellectual property instruments are described as patents, trademarks, geographical indications, industrial designs, integrated circuit layout designs, trade secrets, and copyrights. For each type, the document outlines what is protected, requirements for protection, duration of protection and other key details.
Dr. S. MANIKANDAN, M.Sc., Ph.D.,
Lecturer in Botany
Thiruvalluvar University Model Constituent College,
Tittagudi 606 106, Tamil Nadu, India.
Email id: drgsmanikandan@gmail.com
This document provides an overview of intellectual property rights (IPR) in India. It begins by defining intellectual property and IPR. It then classifies different types of IPR like patents, trademarks, copyrights, designs, geographical indications, and plant varieties. It discusses the duration of protection for each type of IPR and how IPR adds value at different stages of innovation and commercialization. The document also outlines various Indian acts governing different IP assets and the remedies available for patent and copyright infringement. It discusses steps taken by Indian pharmaceutical companies and the government to strengthen IPR protection in India.
This document summarizes key provisions of Indian copyright law and proposed amendments. It discusses:
- India's international treaty obligations regarding copyrights
- Objectives of the proposed 2010 amendments, including bringing law into conformity with WIPO internet treaties
- Notable proposed amendments regarding definitions, rights of authors, performers, film/music industries
- Provisions on digital rights management, copyright societies/boards, exceptions for persons with disabilities and more
- Expanded fair use and compulsory licensing provisions
The document provides an overview of the major areas and goals addressed in proposed amendments to update Indian copyright law.
The World Intellectual Property Organization (WIPO) is a specialized UN agency dedicated to developing an accessible international IP system. It was established in 1967 and is headquartered in Geneva, Switzerland. WIPO promotes the protection of IP including copyrights, patents, trademarks, and industrial designs. It works to establish international IP laws and provides global registration and protection services for IP. Its goals include facilitating the use of IP for development and building cooperation and understanding of IP worldwide.
How International IP Laws Affect PR Practice in the Digital AgeSarah Jackson
This document summarizes Cayce Myers' presentation on how international intellectual property laws affect public relations practice in the digital age. The presentation covered key differences between U.S. copyright law and laws abroad, implications for PR practitioners working internationally, and emerging issues at the intersection of social media and copyright. International copyright is governed by individual nations' laws and international treaties. Enforcement of judgments abroad and pursuing infringement claims can be difficult for U.S. practitioners. Social media platforms also present new copyright challenges both domestically and globally.
The document discusses invention, innovation, and discovery in the music industry and technology more broadly. It defines key terms like invention, innovation, patents, trademarks, and copyrights. It also provides a brief history of innovation in music players from the phonograph to modern CD players and computers to illustrate how technology has evolved over time through invention and innovation.
The document provides information about patents and intellectual property from several countries. It defines what a patent is and lists the basic requirements for patents such as being new, inventive, and having industrial application. It then gives details on the specific requirements and processes for obtaining patents in the UK, US, Mexico, and other countries. Key inventions from the UK, US, and Mexico are highlighted. The US and UK are identified as global leaders in science and technology spending and research. Mexican scientists and organizations supporting science and technology are also mentioned.
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.
The document summarizes the Trade Related Aspects of Intellectual Property Rights (TRIPS) agreement. It discusses how TRIPS aims to reduce barriers to trade posed by lack of adequate intellectual property protection. It requires minimum standards for copyright, trademarks, geographical indications, industrial designs, patents, and enforcement procedures. TRIPS establishes that intellectual property rights should be protected across all WTO member countries to promote international trade while balancing public interests.
This document provides an overview of intellectual property law. It covers the main areas of patents, trademarks, and copyrights. The purpose of intellectual property law is to incentivize innovation by granting exclusive rights to creations. Two landmark cases are discussed: in Kellogg Co. v. National Biscuit Co., the Supreme Court ruled that the term "shredded wheat" was not trademarkable. In Lucasfilm Ltd. v. High Frontier, the court ruled that interest groups could use the term "star wars" as long as it was not attached to a product or service. The future of intellectual property law remains important to promote innovation through legal protections of ideas and inventions.
This document discusses various aspects of intellectual property including ownership, protection periods, and rights of owners. It covers different types of intellectual property like trademarks, patents, copyrights, industrial designs, and geographical indications. For each type, it describes what they protect, validity periods, rights of owners such as controlling use and distribution, and circumstances for expiration. The key rights discussed are reproduction, distribution, transfer through assignment or licensing, and ability to sue for infringement.
Meaning and scope intellectual property rightsAkshay Kumar
This document defines intellectual property and provides an overview of intellectual property rights. It begins by defining intellectual property as creations of the mind like inventions, literary/artistic works, and symbols. The document then discusses the history of intellectual property laws from the 15th century to modern international conventions. It outlines the major types of intellectual property rights like copyrights, patents, trademarks etc. and provides examples of related Indian legislation. The document discusses challenges like piracy due to digitization and the internet. It concludes with the importance of intellectual property for economic growth and innovation.
"Intellectual Property Basics for Entrepreneurs"--presentation by Pat Werschu...GoldsteinPatentLaw
Goldstein attorney Pat Werschulz was a guest lecturer at Rutgers University on Wednesday, February 20. Pat spoke on “Intellectual Property Basics for Entrepreneurs,” to the graduate students in Ernest Ruffin, Jr.’s ‘Foundations of Entrepreneurship’ course. Mr. Ruffin is Managing Director of ECSMG Consulting, LLC (www.ecsmg.com), and Adjunct Professor of Entrepreneurship at the university. The course is a core requirement of the Entrepreneurship MBA program at Rutgers.
The document summarizes the World Intellectual Property Organization (WIPO). WIPO is a UN agency dedicated to intellectual property protection. It has 187 member states and administers 26 treaties. Francis Gurry is the current Director General. WIPO provides global intellectual property services, sets international IP policy and standards, and facilitates international cooperation on IP issues. It aims to promote creativity and technological innovation for the benefit of all.
I took my first Patent Law course in the fall of 2010 at Suffolk University Law School. My instructor was Matthew Lowrie. Presented is my outline ("my notes") from the course that I wrote and used to prepare for the final examination. Please note the date Fall 2010 -- patent law has changed since these notes were written. For example, the notes are post In re Bilski, but pre American Invents Act, Prometheus, etc. You should write your own outline and use this one, mine, as merely a guide.
By dowloading, using, distributing or assisting in the distribution of my notes, you agree to indemnify, defend, and hold me harmless against any expense, judgment, damage, or loss (including reasonable legal fees) arising from any claim against you by a third party which arises out of or is based on your use or possession of my notes.
My notes are posted "As Is" and are representative of my personal interpretation of patent law as a then second year (2LE) law student. Download, print, use, and distribute at your own risk. I MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY COPYRIGHT IN MY NOTES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE. I EXTEND NO WARRANTIES OF ANY KIND AS TO COPYRIGHT CONFORMITY WITH WHATEVER SLIDES, MANUALS OR OTHER LITERATURE MAY BE ISSUED BY ME FROM TIME TO TIME. Furthermore, and not to limit the foregoing, I makes no warranty or representation that the exploitation of any copyright in my work or any derivative thereof will not infringe any patents or other intellectual property rights of a third party.
This document provides an overview of intellectual property law concepts including patents, copyrights, trademarks, and unfair competition. It defines these types of intellectual property, how they are obtained and protected, what constitutes infringement, and key related cases. For patents, it discusses requirements, subject matter eligibility, obviousness determinations. For copyright, it outlines automatic protections, duration, work-for-hire doctrine. It also examines trademark registration, dilution, and e-commerce infringement. The document concludes with trade secrets, commercial torts like product disparagement, and sample test questions.
IPR: Legal Issues in Research Data Collection and Sharing by EUDAT | www.euda...EUDAT
| www.eudat.eu | v1.0, June 2014 - The development of skills and competence to manage IPR and leverage its influence requires increasing focus. However, how much detail do you know? Take copyright for example, What exactly is protected?, What rights are reserved and for how long? This presentation addresses such questions on copyright and other topics such as Database Right, Trade Secret and Licensing.
Who is it for?: Researchers, Data Managers, General public.
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 document discusses intellectual property rights in the Philippines as governed by the Intellectual Property Code of the Philippines. It defines various types of intellectual property that are protected such as copyrights, trademarks, geographical indications, industrial designs, patents, integrated circuit layout designs, undisclosed information, utility models, and plant variety protections. It also discusses the Intellectual Property Office of the Philippines which was created to administer these intellectual property rights and implement state policies on intellectual property. The document outlines the office's services which include registration and granting of intellectual property rights as well as legal remedies, technology transfer, mediation, training, and advisory services.
This document discusses intellectual property and related ethical issues in information technology. It covers key topics like copyrights, patents, trade secrets, plagiarism, reverse engineering, open source code, competitive intelligence, trademark infringement, and cybersquatting. The objectives are to understand what intellectual property encompasses and why it is important, the strengths and limitations of different protections, how to combat plagiarism, issues with reverse engineering, the premise of open source code, the difference between competitive intelligence and industrial espionage, and how to protect against cybersquatting.
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.
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.
This document discusses challenges related to electronic commerce, including protecting intellectual property on the internet, guarding users' online privacy, and establishing acceptable electronic payment systems. It defines electronic commerce and different types like business-to-business and business-to-consumer. Issues around copyright and intellectual property on the internet are examined, along with cases involving Napster, cybersquatting, and the Secure Digital Music Initiative which aims to develop standards for protected digital music. Overall the document outlines the growth of electronic commerce and technical and legal approaches to challenges in this area.
The Right to Share: Principles on Freedom of Expression and Copyright in th...Karlos Svoboda
This document provides a summary of the key principles from the document "The Right to Share: Principles on Freedom of Expression and Copyright in the Digital Age" published by ARTICLE 19 in 2013.
The document outlines 15 principles regarding balancing copyright with freedom of expression online. It affirms that freedom of expression is a fundamental human right and that copyright restrictions must comply with international law. It also stresses that limitations on copyright such as fair use must be interpreted broadly. Finally, it argues that measures like website blocking and disconnection from the internet for copyright infringement are disproportionate restrictions on freedom of expression.
Principles on Freedom of Expression and Copyright in the Digital AgeKarlos Svoboda
This document provides a summary of the key principles from the document "The Right to Share: Principles on Freedom of Expression and Copyright in the Digital Age".
The document establishes 15 principles to ensure that the right to freedom of expression and ability to share knowledge and culture are protected in the digital age, while also ensuring that copyright interests do not unduly restrict these rights. It discusses general principles of freedom of expression and copyright, protection of the public domain, exceptions to copyright like fair use, and measures to promote access to knowledge. It also covers enforcement of copyright in the digital environment and principles of transparency and accountability in copyright policymaking.
Intellectual property refers to creations of the mind such as inventions, literary works, symbols, and designs. Intellectual property rights protect these creations and include the rights to reproduce, distribute, license, sell, and exploit them. Unlike physical goods, intellectual creations cannot be contained within regions due to technology enabling free flow of information globally. Intellectual property rights are private rights that laws confer as monopolies to stimulate innovation and creativity by granting rights holders exclusive commercial benefits for their creations. Major sources of intellectual property rights are international conventions and treaties that have created a complex system of standards for national intellectual property laws.
This document provides an overview of intellectual property concepts including patents, trademarks, copyright, and industrial designs. It defines intellectual property as creations of the mind like artistic works, symbols, names, and signs used in commerce. Intellectual property rights give creators exclusive rights over their creations for a certain period to benefit from their work. The document outlines international treaties governing intellectual property, different types of intellectual property like patents, trademarks, copyright, and industrial designs. It discusses intellectual property laws and registration procedures in India.
This document provides an overview of technology licensing today and the role of trade secrets in licensing. It discusses how intellectual property rights (IPRs) have become increasingly important as the basis for technology transfers and licensing agreements. Licensing has evolved from being relatively uncommon to encompassing complex agreements that integrate multiple IPRs such as patents, copyrights, trademarks, and trade secrets for synergistic protection. Trade secrets in particular play an important role in licensing by protecting related know-how and providing additional protection to strengthen patents. Most technology licenses now cover both patents and trade secrets.
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.
This document provides an overview of intellectual property rights from a legal perspective. It discusses the history and evolution of intellectual property laws globally and in India. The key forms of intellectual property covered include patents, trademarks, copyright, designs, geographical indications, and plant varieties. International agreements governing intellectual property like the Paris Convention, Berne Convention, and TRIPS agreement are also summarized.
The document provides an overview of intellectual property rights (IPR) and patents in India. It defines what a patent is, the requirements for patentability, and types of inventions that can and cannot be patented under Indian law. It discusses the history of patent acts in India, the key provisions of the Patents Act of 1970, and requirements for filing a patent application such as specifications, fees, and documents needed. It also summarizes rules around patent renewal, restoration, and filing abroad.
The document discusses strategies for dealing with software patents, including those that could negatively impact free and open source software projects. It notes that Open Invention Network promotes non-aggression for FLOSS projects and helps invalidate bad patents using prior art. The rise of patent trolls that file frivolous lawsuits to extract money is discussed, as is a brief history of software patent law in the US. The document provides recommendations for defensive publications, peer-to-patent participation, and post-issue challenges to help block bad patents. Contact information is provided for those seeking advice.
The document discusses intellectual property (IP) policies in Jordan. It provides an overview of Jordan's IP laws covering various areas like patents, trademarks, copyrights, and more. Key points include Jordan strengthening IP laws in recent years to promote innovation and economic development. Various government entities and stakeholders in Jordan have also developed their own IP policies tailored to their missions. In 2006, Jordan established a national commission for intellectual property to further encourage IP management practices. The document then focuses on patents, defining them and outlining Jordan's patent application and granting process. It explains how patents can motivate research and development by protecting inventors and allowing further research on patented inventions.
The document discusses the foundation of patent law. It covers the different types of patents including utility patents, design patents, and plant patents. It explains that a patent is a legal right granted by the government that allows the owner to prevent others from making, using, or selling the invention. It also outlines the requirements for an invention to be patentable, including that it must be useful, novel, and non-obvious. Finally, it discusses factors considered in determining if an invention is non-obvious like analogous prior art, the level of ordinary skill in the art, and secondary considerations.
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.
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. Intellectual property rights such as patents, trademarks, copyrights, and industrial designs can protect innovations and brand identity.
2. Patents protect inventions by providing exclusive rights to the inventor for a limited time, usually 20 years. Trademarks protect distinguishing signs that identify commercial goods and services.
3. There are various strategies for managing intellectual property depending on a company's size and goals, from defensive portfolios for large firms to focusing on key patents for startups.
The document summarizes key aspects of the U.S. patent system including the transition from a "first to invent" system to a "first inventor to file" system as a result of the America Invents Act of 2013. It provides details on patent requirements, international implications, effects on small vs. large companies, and examples of how the new system impacts patent disputes. The goal of the changes is to better align the U.S. with international standards and facilitate innovation.
The document appears to be a collection of random phrases, quotes and snippets of text from various sources touching on a wide range of topics including globalization, urbanization, biology, energy, technology, and more. It does not provide a clear overall message or point.
This document discusses the nature and future of humanity. It questions who the author is to think they can discuss humanity's future, noting that humans are born naked and die spent, experiencing life in between. It acknowledges both the negative aspects of human nature like war, rape, and greed, as well as materialism. The document goes on to argue that the author should create humanity's future. It explores paradoxes around private versus public and technology versus humanity. It suggests potential next steps in human evolution could involve sexuality, reproduction, pleasure, liberation, and transcending the human body and spirit through action and learning. The document considers what humanity's next step in evolution may be and whether people could evolve themselves.
This document discusses the differences between knowledge and information, and explores issues around knowledge ownership. It provides definitions of knowledge from UNESCO and LIFT that describe knowledge as the distinctive features of a society or social group. The document questions who invented culture and who owns knowledge.
This document discusses patents and software. It notes that software is patentable in the US but not patentable in Europe under the European Patent Convention. It provides facts about software patents and explains why someone would need to know about software patents. The document also discusses the patent process, costs associated with patents, prior art, and resources for searching patent databases.
1. OPEN SOURCE HARDWARE
Industrial Revolutions
Challenges to the Patent System
Dannie Jost
World Trade Institute, University of Bern, Switzerland
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2. Question:
How many industrial revolutions
does it take to change the way
that our society understands
and uses intellectual property?
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3. Why this, why now?
… we want to be able to break the constraints of
the existing limitations in sharing knowledge
and know-how
… the pace of development is too slow
… we want to tailor the technology
… we want to own the technology that we use
… we want to share
… we want to learn
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4. OHANDA
Freedom 0: The freedom to use the device for any
purpose.
Freedom 1: The freedom to study how the device works
and change it to make it to do what you wish. Access to
the complete design is precondition to this.
Freedom 2: Redistribute the device and/or design
(remanufacture).
Freedom 3: The freedom to improve the device and/or
design, and release your improvements (and modified
versions in general) to the public, so that the whole
community benefits. Access to the complete design is
precondition to this.
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5. four freedoms
• Goods
• Capital
• Services
• People
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7. the idea is…
to foster a community where those who benefit
from the work of others in turn contribute their
improvements to that community.
(Ackerman, 2008)
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8. trends
#1 makers and hackers
Commons based peer production is emerging in the digitally
networked environment (Benkler & Niessenbaum 2006)
#2 TRIPS + clauses (ACTA, TPP)
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9. game shifters
technology
① Literacy (analog and digital)
② Design Sampling
③ Digital Fabrication
④ Broadband (fixed, mobile)
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10. paradigm shifts in the making
• Creation
– from cloistered to ubiquitous
• Production
– from centralized to distributed
• Organization of the collective
– from static nation states to citizen’s interests
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15. … the Republic of Florence issued a patent in 1421 to the
eminent architect and inventor, Filippo Brunelleschi, for his
ship, which was designed to transport Carraran marble for his
famous Duomo of Florence.
However the ship sunk, and with it the
(first) Florentine patent system.
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16. Venice, 1474
“The Venetian Republic, on March 19, 1474, enacted the first
known general patent statute, with overwhelming support in the
Venetian legislature[39]. This statute, which sought to encourage
technological advancement by issuing private grants and
importation licenses, established a foundation for the world’s
first patent system, leading one historian to proclaim that ‘the
international patent experience of nearly 500 years has merely
brought amendments or improvements upon the solid core
established in Renaissance Venice’ “
Nard, Craig A, and Morriss, Andrew P. “Constitutionalizing Patents: From
Venice to Philadelphia.” Review of Law & Economics 2, no. 2 (2006): 223-
321.
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17. Venice, 1474
We have among us men of great genius, apt to
invent and discover ingenious devices; and in
view of the grandeur and virtue of our
City, more such men come to us every day from
divers parts.
preamble
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18. Statute of Monopolies, 1624
… any Declaration before-mentioned shall not extend to any
Letters Patents and Grants of Privilege for the Term of fourteen
Years or under, hereafter to be made, of the sole Working or
Making of any manner of new Manufactures within this
Realm, to the true and first Inventor and Inventors of such
Manufactures, which others at the Time of Making such Letters
Patents and Grants shall not use, so as also they be not contrary
to the Law, nor mischievous to the State, by raising Prices of
Commodities at home, or Hurt of Trade, or generally
inconvenient ...
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19. US Constitution, 1787
Sec. 8
The Congress shall have Power …
To promote the progress of science and useful
arts, by securing for limited times to authors and
inventors the exclusive right to their respective
writings and discoveries;
First Congress, Patent Act, 1790
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20. 1883
• Paris Convention for the Protection of
Industrial Property
• 174 Parties (Member States)
• Article 4: [A to I. Patents, Utility
Models, Industrial Designs, Marks, Inventors’
Certificates: Right of Priority G. Division of the
Application
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21. Fast Forward…
• 1947 GATT (1993) General Agreement on
Tariffs and Trade
• 1994 GATT
• 1995 WTO World Trade Organization
– Uruguay Round 1986-1994
– Trade Related Aspects of Intellectual Property
Rights
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22. TRIPS Article 27*
Patentable Subject Matter
1. Subject to the provisions of paragraphs 2 and 3, patents shall
be available for any inventions, whether products or
processes, in all fields of technology, provided that they are
new, involve an inventive step and are capable of industrial
application.(5) Subject to paragraph 4 of Article 65, paragraph 8 of
Article 70 and paragraph 3 of this Article, patents shall be
available and patent rights enjoyable without discrimination as
to the place of invention, the field of technology and whether
products are imported or locally produced.
* As of 10 May 2012, the WTO counted 155 Member States
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23. …
Possible Exclusions I
2. Members may exclude from patentability inventions, the
prevention within their territory of the commercial exploitation
of which is necessary to protect ordre public or
morality, including to protect human, animal or plant life or
health or to avoid serious prejudice to the
environment, provided that such exclusion is not made merely
because the exploitation is prohibited by their law.
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24. …
Optional Exclusions II
3. Members may also exclude from patentability:
(a) diagnostic, therapeutic and surgical methods for the treatment of
humans or animals;
(b) plants and animals other than micro-organisms, and essentially
biological processes for the production of plants or animals other than non-
biological and microbiological processes. However, Members shall provide for
the protection of plant varieties either by patents or by an effective
sui generis system or by any combination thereof. The provisions of this
subparagraph shall be reviewed four years after the date of entry into force of
the WTO Agreement.
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25. What is an invention?
EPC Article 52(2) recites what is not regarded as
an invention:
(a) discoveries, scientific theories and mathematical methods;
(b) aesthetic creations;
(c) schemes, rules and methods for performing mental
acts, playing games or doing business, and programs for
computers;
(d) presentation of information.
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26. what have we learned from patent law history?
• It started with the renaissance guilds
• It has not changed much since then
• It is part of international economic law
• It is based on the sovereignty of the nation state
• It serves the interests of industrial production
entities
• It creates repository of documents describing
technologies; public domain
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27. Is this the fear?
‘[open hardware designers] theoretically
not have much legal recourse if their
designs get patented, made/sold, or used
in a closed system’
A Powell, Democratizing production through
open source knowledge: from open software to
open hardware, 34 Media, Culture & Society
691–708 (2012).
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28. You are free to…
• Put anything in the public domain..
– Just publish it (defense publishing)
• publication is not synonym with access
• publication is the first step in access
• access is the first step in share-alike
– IF YOU PUBLISH – like in make it public – YOU
DESTROY THE NOVELTY OF ANY SUBSEQUENT
ATTEMPT AT PATENTING ☞ STANDARD
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29. Of all the IPR objects, which ones can
open hardware use?
• Trademarks
• Expired patent specifications, unsuccessful
patent applications (public domain)
• Copyright (License)
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31. Thank you!
@dannie
http://about.me/danniejost
YOUR QUESTIONS ARE WELCOME
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Editor's Notes
The EU four freedoms
Simple until you think about it a bit more.
EmergenceBottom upTop downWho will win?Balance
Paradigm shifts are the evergreens in social evolution
The TRIPS Agreement is Annex 1C of the Marrakesh Agreement Establishing the World Trade Organization, signed in Marrakesh, Morocco on 15 April 1994. (Part of the Uruguay round)
Or, to paraphrase the noted American philosopher Alfred North Whitehead, all Western patent systems consist of but a series of footnotes to the Venetian patent statute. (same source)
Many Italian guilds adopted regulations that granted temporally-limited monopolies on innovations, beginning with the silk weaving industry, including the development of new patterns of silk weaving, as well as the invention of new machinery. Because Venetian guilds were “powerless to grant or allow monopolies by action of their own,” however, Prager argues that the regulations required monopolies to be issued by the state, making them the forerunners of modern patents. Prager’s answer to the questions of “Why Venice?” and “Why the fifteenth century?” is that “quasi-patents were most developed” in Venice and “that the silk patent law came when the idea of intellectual property was gaining approval.” Thus, “[t]he conclusion seems justified that it was this ancient, newly vitalized idea which expanded the medieval tradition of quasi-patents into the first modern patent system” (Prager, 1952:131-132). Third, although primarily focused on trading, Venice also had some important local industries, such as glass and other luxury goods,59 Rather than controlling the details of production, the Venetian guilds’ primary role was safeguarding the boundaries of the craft,76 allowing individuals within each craft to compete through innovation.77
focus on the one unambiguous feature of the Statute and the struggles over monopolies that produced it: the dispute between crown and Parliament over who would evaluate the validity of individual grants of patents of monopoly. The innovation introduced in England was not the overcoming of the common law’s long-standing prohibition on all monopolies, as the crown continued to issue monopoly grants, but the assertion of the right to have claims to monopolies adjudicated in a neutral forum against a utilitarian standard.
Section 8.The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;To borrow money on the credit of the United States;To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;To provide for the punishment of counterfeiting the securities and current coin of the United States;To establish post offices and post roads;To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;To constitute tribunals inferior to the Supreme Court;To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;To provide and maintain a navy;To make rules for the government and regulation of the land and naval forces;To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--AndTo make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
The WTO was born out of negotiations, and everything the WTO does is the result of negotiations. The bulk of the WTO’s current work comes from the 1986–94 negotiations called the Uruguay Round and earlier negotiations under the General Agreement on Tariffs and Trade (GATT). The WTO is currently the host to new negotiations, under the ‘Doha Development Agenda’ launched in 2001.
GATT was signed in 1947 and lasted until 1993, when it was replaced by the WTO in 1995
What constitutes “serious prejudice to the environment” is open for debate.Exploitation may be prohibited in the country of origin, but that does not prevent the applicant from extending its patent family to another nation where exploitation is within the law. Mention the Doha Declaration on AIDS drugs which Article 66.1 and 66.2.14 November 2001 Doha Declaration §17. We stress the importance we attach to implementation and interpretation of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) in a manner supportive of public health, by promoting both access to existing medicines and research and development into new medicines and, in this connection, are adopting a separate declaration.
Only of interest for those working in biotechnology and renewable energy, biomass, etc.