INTELLECTUAL PROPERTY RIGHTS
WHAT IS INTELLECTUAL PROPERTY ?
Intellectual property refers to creations of the mind.
Inventions; literary and artistic works and symbols,
names and images used in commerce.
INTELLECTUAL PROPERTY RIGHTS
IPRs became economically and politically very important
for developing countries after the agreements in TRIPS, was concluded during the Uruguay round of negotiations in 1994 .
The objective of the agreement was to reduce distortions
to international trade.
This focuses only on copyrights and related rights,
geographical indications and patents.
ACCORDING TO, WIPO, INTELLECTUAL PROPERTY INCLUDES RIGHTS RELATING TO :
Literary, artistic and scientific works Performances of performing artists, phonograms,and broadcasts Scientific discoveries Industrial designs Trademarks, service marks, and commercial names and
designations
Protection against unfair competition
WHY PROMOTE AND PROTECT INTELLECTUAL PROPERTY ?
To give statutory expression to the moral and economic
rights of creators in their
To promote creativity and the dissemination and
application of its results.
to encourage fair trade, which would contribute to
economic and social development.
INTELLECTUAL PROPERTY IS DIVIDED INTO TWO CATEGORIES:
Industrial Property
Copyright
WHAT IS A PATENT ?
DEFINITION OF PATENT
A patent is an exclusive right granted for an invention
of a product or process that provides a new way of doing something, or that offers a new technical solution to a problem.
Patent protection is provided for 20 years.
WHY ARE PATENTS NECESSARY ?
Patents provide incentives to individuals by recognising
their creativity.
Incentives encourage innovation.
CONDITIONS OF PATENTABILTY
Industrial applicability
Novelty
Inventive Step Patentable subject matter
NON - PATENTABLE INVENTIONS IN INDIA
Scientific theories and mathematical methods. Discovery of natural substances. Inventions related to atomic energy. Invention which can harm human, animal, plant life. A new method of agriculture or horticultre. A mere arrangement or re-arrangement of known devices..etc.
WHAT RIGHTS DO PATENT OWNERS HAVE?
Patent owner has right to decide who may or may
not use the patented invention.
Patent owner may give permission to other parties
to use his invention.
Patent owner may sell his invention to other
parties.
WHO GRANTS PATENTS ?
Patents are granted by national patent offices or
regional offices. Eg: The European Patent Office
In India Department of Intellectual property and
promotion (DIPP) grants patents.
WIPO- administered Patent Cooperation Treaty (PCT)
provides for filling of a single international patent application.
WHAT IS A TRADEMARK ?
TRADEMARK
A trademark is a distinctive sign that identifies certain goods or
services .
Produced by an individual or a company. A trademark can be a word, symbol, phrase or object. It helps consumers to identify and purchase a product or service
based on whether its specific characteristics and quality.
TRADEMARK
IN INDIA
The new legislation is governed by the Trade Marks Rules,
2002.
The definition under the Act includes products as well as
services, such as insurance, telecommunications etc.
An offender under the Act will be liable with a punishment
of minimum imprisonment of six months and fine of Rs.50, 000 and maximum punishment of three years imprisonment and fine of Rs.2, 00,000.
HOW IS A TRADEMARK REGISTERED?
First an application for registration of a
trademark must be filed with national or regional office.
Describe your mark.
State when it was first used.
Describe the products or services on
which the mark will be used, and
Suggest the classification under which
the mark should be registered.
WHAT KINDS OF TRADEMARKS CAN BE REGISTERED?
Service Trademarks- are marks used in service business where
actual goods under the mark are not traded eg: restaurant and hotel services, beauty and health care
Collective Trademarks- is used to inform the public about the
particular feature of the product for which the collective mark is used
Certification Trademarks- are used to define standards.
WHAT IS AN INDUSTRIAL DESIGN?
WHAT IS AN INDUSTRIAL DESIGN?
An industrial design refers to the ornamental or aesthetic aspects
of an article. A design may consist of three-dimensional features, such as the shape or surface of an article,or two-dimensional features, such as patterns, lines or color.
WHY PROTECT INDUSTRIAL DESIGNS?
WHY PROTECT INDUSTRIAL DESIGNS?
Add commercial value of a product and increase its
marketability.
Benefits consumers and the public at large. Helps to promote economic development. Industrial designs can be relatively simple and inexpensive to develop and protect
HOW CAN INDUSTRIAL DESIGNS BE PROTECTED?
HOW CAN INDUSTRIAL DESIGNS BE PROTECTED?
An industrial design must be registered.
An industrial design may also be protected as a work of
art under copyright law.
An industrial design may also be protectable under unfair
competition law
WHAT CANNOT BE PROTECTED BY INDUSTRIAL DESIGN RIGHTS?
WHAT CANNOT BE PROTECTED BY INDUSTRIAL DESIGN RIGHTS?
Designs that do not meet the requirements of novelty and
originality.
Designs that are considered to be dictated exclusively by the
technical function of a product.
Designs incorporating protected official symbols or emblems
GEOGRAPHICAL INDICATIONS
WHAT IS A GEOGRAPHICAL INDICATION?
Meaning Agricultural products (e.g. Tuscany for olive oil
produced in a specific area of Italy or Roquefort for cheese produced in that region of France.)
Human factors Place of origin
APPELLATION OF ORIGIN
A specific quality exclusively or essentially due to the geographical
environment.
E.g. Habana for tobacco grown in the Havana region of Cuba.
Prosciutto di Parma or Parma ham for ham produced in the Parma province of Italy
Bordeaux for wine produced in the Bordeaux region of France
WHY DO GEOGRAPHICAL INDICATIONS NEED PROTECTION
Consumers are deceived into believing they are buying a
genuine product with specific qualities and characteristics.
Legitimate producers are deprived of valuable business and
suffer damage to the established reputation of their products.
DIFFERENCE BETWEEN GEOGRAPHICAL INDICATION AND TRADEMARK
GENERIC GEOGRAPHICAL INDICATION
Type of product, rather than its place of origin.
E.g. Dijon mustard, a kind of mustard that originated many
years ago in the French town of Dijon, has, over time, come to denote mustard of that kind made in many places
HOW ARE GEOGRAPHICAL INDICATIONS PROTECTED
Laws against unfair competition. consumer protection laws, laws for the protection of certification marks, etc. Applicable sanctions (like payment of damages and fines or, in
serious cases, imprisonment.)
COPYRIGHT AND RELATED RIGHTS
Copyright laws grant authors, artists and other creators
protection for their literary and artistic creations
A closely associated field is related rights or rights
related to copyright.
THE BENEFICIARIES OF RELATED RIGHTS ARE :
Performers (such as actors and musicians) in their
performances.
Producers of phonograms (for example, compact discs) in
their sound recordings.
Broadcasting organizations in their radio and television
programs. Works covered by copyright include, but are not limited to: Novels, poems, plays, reference works, newspapers, advertisements, computer programs, databases, etc.
BENEFITS OF PROTECTING COPYRIGHT & RELATED RIGHTS
Copyright and related rights protection is an essential component in fostering human creativity and innovation. Giving authors, artists and creators incentives in the form of recognition and fair economic reward increases their activity and output and can also enhance the results.
HOW ARE COPYRIGHT AND RELATED RIGHTS REGULATED ?
Copyright and related rights protection is obtained automatically without the need for registration or other formalities.
For example: Questions involving disputes over ownership or creation, financial transactions, sales, assignments and transfer of rights.
WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO)
Established in 1970.
Dedicated to helping ensure that the rights of creators
and owners of intellectual property are protected .
CORE ACTIVITIES OF WIPO
Development of international IP laws and standards. Delivering global IP protection services.
Encouraging the use of IP for economic development.
THANK YOU
