U 5.2_ LBE.pptx

www.sanjivanimba.org.in
207- Legal & Business Environment
Unit No.5.2
Patent Laws
Presented By:
Dr. K. Meenakshi
1
Sanjivani College of Engineering, Kopargaon
Department of MBA

Patent Laws
• Patent laws are a set of legal provisions and regulations that govern the granting,
enforcement, and protection of patents.
• A patent is a legal monopoly granted by a government to an inventor or applicant,
providing exclusive rights to the inventor over their invention for a limited period of time.

Key Aspects
• Purpose of Patents: Patents are designed to encourage innovation by providing inventors with a
limited monopoly over their inventions. In exchange for disclosing their invention to the public,
inventors are granted exclusive rights to their invention for a specified period, typically 20 years from
the filing date.
• Patentable Subject Matter: Patent laws vary across jurisdictions but generally cover inventions that
are new, useful, and non-obvious. The subject matter may include processes, machines, manufactured
goods, compositions of matter, or improvements thereof. However, laws often exclude certain types of
inventions, such as abstract ideas, laws of nature, and natural phenomena.
• Patent Application Process: To obtain a patent, an inventor must file a patent application with the
relevant patent office. The application typically includes a description of the invention, claims defining
the scope of protection sought, and any necessary drawings or diagrams. The patent office examines
the application to determine if the invention meets the patentability requirements.

• Examination and Granting of Patents: During the examination process, the patent office
reviews the application to ensure it meets the criteria for patentability. This includes
assessing novelty, non-obviousness, and usefulness. If the application meets these
requirements, a patent is granted, and the inventor obtains exclusive rights to the invention.
• Patent Rights and Enforcement: Once a patent is granted, the patent holder has the
exclusive right to prevent others from making, using, selling, or importing the patented
invention without permission. In case of infringement, the patent holder can enforce their
rights through legal means, such as filing a lawsuit and seeking damages or injunctions
against the infringing party.

• Patent Duration and Maintenance: Patents have a limited duration, typically 20 years from
the filing date. To maintain a patent in force, the patent holder is often required to pay
periodic maintenance fees to the patent office. Failure to pay these fees may result in the
expiration or abandonment of the patent.
• International Patent Protection: Inventors seeking protection in multiple countries can
pursue patent applications through national patent offices or take advantage of international
mechanisms, such as the Patent Cooperation Treaty (PCT) or the European Patent
Convention (EPC). These systems provide a streamlined process for filing and seeking
patent protection in multiple countries.

Trademark
• Trademarks are legal protections granted to distinctive names, logos, symbols, phrases, or
designs that are used to identify and distinguish the goods or services of one business from
those of others.
• Trademark laws are designed to prevent confusion among consumers and protect the
reputation and goodwill associated with a particular brand.

Key Aspects
• Purpose of Trademarks: Trademarks serve as identifiers of the source or origin of goods or
services. They allow consumers to distinguish between different brands and make informed
purchasing decisions. Trademarks also help businesses build and maintain their reputation
by preventing others from using similar marks that could cause confusion or dilution of the
brand.
• Trademark Registration: While trademark rights can be established through common law
usage, registration provides additional benefits and protections. To register a trademark, an
application must be filed with the relevant trademark office, such as the United States Patent
and Trademark Office (USPTO) in the United States. The application typically includes the
mark, a description of the goods or services, and the basis for the application (e.g., actual use
or intent to use).

• Trademark Examination and Approval: The trademark office examines the application to
ensure it meets the legal requirements for registration. This includes determining if the mark
is distinctive, not confusingly similar to existing marks, and not descriptive or generic. If the
application is approved, the mark is published for opposition, allowing third parties to
challenge the registration within a specified period.
• Trademark Rights and Enforcement: Once a trademark is registered, the owner is granted
exclusive rights to use the mark in connection with the specified goods or services. The
trademark owner can enforce these rights by taking legal action against unauthorized use or
infringement. Remedies for trademark infringement may include injunctive relief, monetary
damages, and the seizure or destruction of infringing goods.

• Trademark Duration and Renewal: Trademark registrations have a specified duration,
typically lasting 10 years in many jurisdictions. However, trademarks can be renewed
indefinitely by filing renewal applications and paying the required fees. Continual use of the
mark is generally required to maintain the registration and prevent it from becoming
vulnerable to cancellation for non-use.
• International Trademark Protection: Trademark protection can be sought at both national
and international levels. For international protection, the Madrid System provides a
mechanism for filing a single international application to seek protection in multiple
countries that are party to the Madrid Agreement and Protocol. Regional trademark
systems, such as the European Union Intellectual Property Office (EUIPO), also exist to
protect trademarks within specific regions.

• Trademark Infringement and Disputes: Trademark disputes can arise when two parties
claim similar or identical marks, or when someone uses a mark that is likely to cause
confusion with an existing registered trademark. In such cases, litigation or alternative
dispute resolution methods, such as negotiation or mediation, may be pursued to resolve the
dispute.
• Consulting with a qualified trademark attorney or expert is recommended to navigate the
complexities of trademark law and registration procedures in a specific jurisdiction.
• Trademark laws are a set of legal provisions and regulations that govern the protection,
registration, and enforcement of trademarks. These laws vary across jurisdictions, but they
generally aim to provide exclusive rights to trademark owners, prevent consumer confusion,
and protect the goodwill associated with a brand.

Copyright
• Copyright is a legal framework that grants exclusive rights to creators and authors of
original creative works, allowing them to control how their works are used and
disseminated. It provides a means to protect various forms of artistic and intellectual
expression, including literary works, music, films, software, visual arts, and more.
• Consulting with a copyright attorney or expert can provide guidance on copyright
registration, licensing, fair use, and enforcement in a specific jurisdiction.
• Copyright laws are a set of legal statutes and regulations that govern the protection and
enforcement of copyright, which grants exclusive rights to creators of original works. These
laws vary across jurisdictions, but they generally aim to promote creativity, incentivize
artistic expression, and provide a framework for the protection and use of copyrighted
works.

Key Aspects
• Eligible Works: Copyright protection extends to original works of authorship fixed in a
tangible medium of expression. This includes literary works (books, articles, poems),
musical compositions, dramatic works, choreography, pictorial or graphic works, sculptures,
films, sound recordings, and computer software, among others.
• Exclusive Rights: Copyright grants several exclusive rights to the copyright holder. These
rights typically include the rights to reproduce the work, distribute copies, publicly display
or perform the work, create derivative works based on the original, and in the case of sound
recordings, to perform the work publicly through digital audio transmissions.

• Copyright Ownership: In most cases, the author or creator of a work is the initial copyright
owner. However, there are exceptions such as works made for hire, where the employer or
commissioning party is considered the copyright owner. Copyright ownership can also be
transferred or assigned through agreements or contracts.
• Copyright Duration: Copyright protection generally lasts for a specific duration, which has
varied over time and between jurisdictions. In many countries, copyright protection extends
for the life of the author plus a certain number of years after their death (e.g., 70 years in the
United States and European Union). For works created by corporations or anonymous
works, copyright duration is typically shorter.

• Copyright Registration: Copyright protection generally exists automatically upon the
creation of an original work and does not require registration. However, registering a
copyright with a designated copyright office, such as the U.S. Copyright Office, provides
additional benefits, including a public record of the copyright, evidence of ownership, and
the ability to bring a lawsuit for infringement in some jurisdictions.
• Copyright Infringement: Copyright infringement occurs when someone violates the
exclusive rights of a copyright holder without permission, such as by copying, distributing,
performing, or displaying the copyrighted work without authorization. Infringement can
result in legal consequences, including injunctions, damages, and, in some cases, criminal
penalties.

• Fair Use and Exceptions: Copyright laws often provide for limitations and exceptions to
copyright protection to accommodate certain uses of copyrighted works without permission.
Fair use is a prominent exception in the United States, allowing limited use of copyrighted
material for purposes such as criticism, comment, news reporting, teaching, scholarship, or
research. Other jurisdictions have similar provisions, such as fair dealing in the United
Kingdom and other Commonwealth countries.
• International Copyright Protection: Copyright protection is governed by national laws, but
international agreements provide a framework for harmonization and mutual recognition of
copyright. The Berne Convention for the Protection of Literary and Artistic Works is one
such agreement, which establishes minimum standards of protection among its member
countries.

Third World Criticism
• Third world criticism, also known as postcolonial criticism or decolonial criticism, is a
theoretical framework and approach to analyzing literature, culture, and society that
emerged in the mid-20th century.
• It challenges the dominance of Western perspectives and Eurocentric narratives, aiming to
deconstruct and critique the power imbalances, cultural imperialism, and colonial legacies
that persist in the global context.

Key Points
• Context and Origins: Third world criticism emerged primarily from the experiences and
intellectual voices of formerly colonized regions of Africa, Asia, the Caribbean, and Latin
America. It developed as a response to the legacy of colonialism and the ongoing challenges
faced by these regions.
• Decentering Western Narratives: Third world criticism seeks to decenter and challenge the
dominant Western narratives that have historically shaped literary and cultural studies. It
critiques the Eurocentric biases in knowledge production and highlights the perspectives,
histories, and cultural traditions of non-Western societies.
• Colonialism and Imperialism: This criticism critically examines the historical processes of
colonialism and imperialism and their lasting impact on the economic, political, social, and
cultural structures of the third world. It explores themes of power, domination, resistance,
and cultural hybridity resulting from these processes.

• Identity and Representation: Third world criticism interrogates the representation of
marginalized identities and challenges essentialist and stereotypical portrayals in literature,
media, and popular culture. It aims to amplify the voices and experiences of marginalized
groups, including indigenous peoples, racial and ethnic minorities, and the economically
disadvantaged.
• Language and Discourse: The critique of language and discourse is central to third world
criticism. It examines how language has been used as a tool of colonization and emphasizes
the importance of reclaiming indigenous languages and expressions. It challenges linguistic
imperialism and highlights the power dynamics inherent in linguistic choices and
translations.

• Postcolonial Theory and Intersectionality: Third world criticism intersects with
postcolonial theory, which examines the dynamics of power and resistance in the aftermath
of colonialism. It also engages with intersectional perspectives, recognizing that systems of
oppression, such as race, gender, class, and sexuality, are interconnected and mutually
reinforcing.
• Global Solidarity and Social Justice: Third world criticism aims to foster global solidarity
and advocate for social justice by challenging inequitable power structures and promoting
inclusive and equitable representations and narratives. It calls for decolonizing educational
curricula, institutions, and intellectual practices to create spaces for diverse voices and
knowledge.

TRIPS
TRIPS (Trade-Related Aspects of Intellectual Property Rights) is an international
agreement administered by the World Trade Organization (WTO) that sets minimum standards
for the protection and enforcement of intellectual property rights (including patents, copyrights,
trademarks, and trade secrets) among its member countries.

TRIPS - Relationship With Other Treaties
• TRIPS Agreement: The TRIPS Agreement was established in 1994 as part of the Uruguay
Round of multilateral trade negotiations. It aims to strike a balance between promoting
intellectual property rights protection and ensuring access to knowledge, technology
transfer, and public health considerations.
• World Intellectual Property Organization (WIPO): WIPO is a specialized agency of the
United Nations responsible for promoting the protection of intellectual property worldwide.
It administers various intellectual property treaties and provides a forum for international
cooperation on IP matters. While WIPO and TRIPS are distinct entities, they work closely
together. WIPO provides technical assistance and support to countries in implementing and
enforcing intellectual property laws consistent with TRIPS standards.

• Relationship between TRIPS and WIPO Treaties: TRIPS and WIPO treaties complement
each other. WIPO administers several international IP treaties, such as the Berne Convention
for the Protection of Literary and Artistic Works, the Paris Convention for the Protection of
Industrial Property, and the Patent Cooperation Treaty. These treaties establish minimum
standards and provide a framework for cooperation and harmonization of intellectual
property laws among participating countries.
• General Agreement on Tariffs and Trade (GATT) and General Agreement on Trade in
Services (GATS): GATT and GATS are two multilateral trade agreements also administered
by the WTO. They focus on reducing trade barriers in goods and services, respectively.
TRIPS is integrated into the WTO's legal framework alongside GATT and GATS to ensure
that intellectual property rights are protected as part of international trade.

• Trips-Plus Agreements: Some countries, particularly developed nations, have entered into
bilateral or regional trade agreements that go beyond the minimum standards of TRIPS.
These agreements, known as "TRIPS-Plus" agreements, impose additional intellectual
property obligations and higher levels of protection than required by TRIPS. They can
impact areas such as patent terms, data exclusivity, and enforcement measures.
• Doha Declaration on TRIPS and Public Health: The Doha Declaration, adopted in 2001,
clarified the flexibility of TRIPS regarding public health concerns, particularly access to
medicines. It affirmed that TRIPS should be interpreted and implemented in a manner that
supports member countries' right to protect public health and promotes access to essential
medicines, especially for developing nations facing public health crises such as HIV/AIDS,
tuberculosis, and other epidemics.

WIPO
• WIPO (World Intellectual Property Organization) is a specialized agency of the United
Nations responsible for promoting the protection of intellectual property (IP) rights
worldwide.
• It serves as a global forum for cooperation, policy development, and the administration of
international IP treaties.
• WIPO's activities and initiatives contribute to the development of a balanced and effective
global intellectual property system, fostering innovation, creativity, and economic growth
while respecting the rights and interests of creators, inventors, and the public.

Key Functions
• Mandate and Objectives: WIPO's primary mandate is to encourage the use and protection
of intellectual property and facilitate the balanced development of IP systems. It aims to
promote innovation, creativity, and economic growth by fostering an effective and balanced
IP regime. WIPO seeks to harmonize and strengthen IP laws and practices globally while
taking into account the interests of different stakeholders.
• Policy Development and Harmonization: WIPO plays a crucial role in developing
international IP policies, standards, and guidelines. It facilitates negotiations and discussions
among member states to address emerging IP issues, promote IP best practices, and
encourage the development of balanced IP laws and regulations.

• International IP Treaties: WIPO administers various international IP treaties and
agreements that establish minimum standards and provide a framework for IP protection
and cooperation. Some of the key treaties include:
a. Berne Convention for the Protection of Literary and Artistic Works: It covers copyright
protection for literary and artistic works and ensures basic rights for authors.
b. Paris Convention for the Protection of Industrial Property: It provides protection for
industrial property rights, including patents, trademarks, industrial designs, geographical
indications, and unfair competition.
c. Patent Cooperation Treaty (PCT): It simplifies the international patent filing process and
facilitates the search, examination, and granting of patents in multiple countries.

d. Madrid Agreement and Protocol: They establish an international system for the registration
and management of trademarks, allowing for trademark protection in multiple countries
through a single application.
e. Hague Agreement Concerning the International Registration of Industrial Designs: It
simplifies the process of registering industrial designs across multiple countries.

• Technical Assistance and Capacity Building: WIPO provides technical assistance, training
programs, and capacity-building initiatives to help countries develop effective IP systems,
enhance their IP infrastructure, and strengthen their enforcement mechanisms. These
activities aim to promote innovation, creativity, and economic development, particularly in
developing and least-developed countries.
• IP Information and Services: WIPO offers various services and resources to facilitate the
dissemination and accessibility of IP information. This includes the WIPO Global IP
Databases, which provide access to patent, trademark, and industrial design information
from around the world. WIPO also offers online tools for IP management and provides
guidance on IP registration and protection.

• Dispute Resolution and Mediation: WIPO provides alternative dispute resolution services
for resolving IP-related disputes through mediation, arbitration, and domain name dispute
resolution procedures. These services help parties find mutually acceptable solutions to
conflicts without resorting to lengthy and costly litigation.
• Cooperation and Partnerships: WIPO collaborates with governments, intergovernmental
organizations, non-governmental organizations, industry associations, and other
stakeholders to promote IP awareness, encourage innovation, and address global IP
challenges. It fosters partnerships and dialogue to ensure that IP policies reflect the needs
and interests of all stakeholders.

WTO
• The WTO (World Trade Organization) is an international organization that deals with the
global rules of trade between nations.
• It provides a forum for member countries to negotiate trade agreements, settle trade
disputes, and establish trade rules.

Key Functions
• Mandate and Objectives: The primary objective of the WTO is to facilitate the smooth flow
of international trade and promote economic growth and development. It aims to create a
predictable, transparent, and non-discriminatory environment for trade relations among
member countries.
• Trade Negotiations: The WTO conducts trade negotiations among member countries to
establish trade agreements and liberalize trade barriers. The most notable negotiation
rounds have been the Uruguay Round (which led to the establishment of the WTO) and the
subsequent Doha Development Agenda. These negotiations cover a wide range of issues,
including tariffs, non-tariff barriers, services, agriculture, intellectual property, and trade
facilitation.

• Trade Rules and Agreements: The WTO sets and enforces the rules governing international
trade. The main legal framework is the General Agreement on Tariffs and Trade (GATT),
which covers trade in goods. Additionally, the WTO has agreements covering trade in
services (General Agreement on Trade in Services or GATS) and intellectual property rights
(Trade-Related Aspects of Intellectual Property Rights or TRIPS). These agreements establish
rights and obligations for member countries and provide a framework for trade relations.
• Dispute Settlement: The WTO provides a dispute settlement mechanism to resolve trade
disputes among member countries. It has a structured and legally binding process that helps
ensure compliance with trade rules. Disputes are settled through consultations, mediation,
and, if necessary, through the establishment of dispute settlement panels and the Appellate
Body. The WTO's dispute settlement system plays a crucial role in maintaining the stability
and predictability of the international trading system.

• Trade Policy Review: The WTO conducts periodic reviews of member countries' trade
policies to enhance transparency and encourage adherence to WTO rules. These reviews
assess the member's trade policies, practices, and measures, promoting openness and
providing a platform for discussions and recommendations.
• Technical Assistance and Capacity Building: The WTO provides technical assistance and
capacity-building programs to help developing and least-developed countries participate
effectively in international trade. It offers support in areas such as trade policy formulation,
trade negotiations, trade facilitation, and building institutional capacity.

• Trade and Development: The WTO recognizes the importance of integrating developing
countries into the global trading system and promoting their development objectives. It has
special provisions and programs to assist developing countries, including longer transition
periods for implementing trade obligations and support for capacity building and technical
assistance.
• Trade and Environment, Labor, and Health: The WTO seeks to strike a balance between
trade liberalization and the protection of other societal goals, such as environmental
protection, labor standards, and public health. It encourages dialogue and cooperation
among member countries to ensure that trade policies and practices are consistent with these
objectives.

GATT
• The General Agreement on Tariffs and Trade (GATT) primarily focused on trade in goods
rather than intellectual property rights (IPRs). However, during the Uruguay Round of
GATT negotiations, the Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS) was negotiated and became an integral part of the GATT framework.
• TRIPS expanded the scope of GATT by incorporating provisions related to IPRs.
• The GATT/TRIPS framework provides a comprehensive set of rules and standards for
intellectual property rights.

Key Functions
• Minimum Standards: TRIPS establishes minimum standards of protection and enforcement
for various forms of intellectual property, including copyrights, trademarks, patents,
industrial designs, and trade secrets. Member countries are required to provide legal
frameworks that comply with these minimum standards.
• National Treatment: TRIPS ensures that foreign intellectual property rights holders are
granted the same level of protection and rights as domestic rights holders in each member
country. It prohibits discrimination against foreign IPRs based on their origin.

• Most-Favored-Nation (MFN) Treatment: TRIPS enforces the principle of MFN treatment,
which means that any advantage, favor, privilege, or immunity granted to the nationals of
one country must be extended to the nationals of all other member countries. This principle
prevents discriminatory treatment of IPRs between member countries.
• Protection Periods: TRIPS establishes minimum durations of protection for copyrights,
trademarks, and patents. It requires member countries to provide adequate protection
periods to encourage innovation and creativity while striking a balance with public access to
knowledge and information.

• Enforcement Measures: TRIPS includes provisions related to the enforcement of intellectual property
rights. It requires member countries to establish legal remedies and procedures to combat
infringement, counterfeiting, and piracy. It also provides for civil and criminal penalties and border
measures to prevent the import and export of infringing goods.
• Technology Transfer: TRIPS recognizes the importance of technology transfer for economic
development, particularly in developing countries. It encourages member countries to promote the
transfer of technology, including through licensing and collaboration agreements, to ensure that they
can benefit from technological advancements.
• Dispute Settlement: GATT/TRIPS provides a mechanism for resolving disputes related to intellectual
property rights. Member countries can bring cases to the World Trade Organization's Dispute
Settlement Body if they believe another member country is not complying with its obligations under
TRIPS.

Thank You

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