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CONCEPT OF PROPERTY Natural object becomes a resource when it satisfies a human want A resource possessed and owned becomes a property A bundle of legal rights linked to ownership and possession of an item (Tangible: related to physical
INTELLECTUAL PROPERTY
It is the P !P" T# $ "AT"% &# APP'I$ATI!N !( )*+AN +IN% Intangible (non,physical) in nature, deri-es -alue from ideas There is no uniform definition of IP In knowledge age. IP is a key to techno,economic growth
IP UBIQUITOUS IN LIFE
Articles of food. furniture. clothing. te/tiles. cosmetics. pharmaceuticals. entertainment gadgets. machinery. books. etc0 are all IP protected0 %omain of IP is e-er e/panding with ad-ent of Technology and 1lobali2ation : 1I. I$ topography are new additions. T34&iodi-ersity are likely
RATIONALE BEHIND IP
The creati-e acti-ity culminating in IP is
IP rights grant monopoly to ensure The interests of owner and society are
balanced by limiting periods of monopoly with obligation to disclose and remedies against abuse of rights
NATURE OF IPRs
"ssentially negati-e rights to stop
others from copying or counterfeiting 5 In patents. being first with an in-ention pre,empts any right of another making same in-ention independently0 5 In copyrights. the right is diluted as right is o-er the form of e/pression and not o-er idea0
enforceable0
7 MAIN IP INSTRUMENTS
Patents Trademarks. Trade Names 6 7er-ices +arks 1eographical Indications Industrial %esigns 'ayout,designs of Integrated $ircuits Trade 7ecrets $opyrights And elated ights
Patents
be made or used in any useful. practical acti-ity as distinct from purely intellectual or aesthetic one
TRADEMARKS
;<==
TYPES OF MAR&S
?ell 3nown Trade +ark $ollecti-e +ark: Proprietor is an
indicate origin of goods but certifies the goods as conforming to certain characteristics (:uality. ingredients. geographical origin etc0) e0g0 I7I. A1+A 3. )allmark
Fo)*s of TM
@isual: ?ords. letters. numerals.
de-ices including drawings and symbols or A,% representations of object or a combination of two or more of these. colour combinations or colour + ) s . B,% sign as shape of goods or packaging0
CRITERIA OF TM PROTECTABILITY
%istincti-e (basic function):
7pecial
e:uirements
Paithani
W,at is 0I?
+any goods possess their peculiar
properties due to their geographical origin0 1I is the best method to indicate the geographical origin of goods and ser-ices0 +any agricultural products (tea. rice)8 dairy products (cheese). wines and spirits ($hampagne) owe their special :uality and reputation to their geographical place of growth or
P)ot -tion of 0I
1I is not owned by a single owner Any producer in the region can use the
1I on the product pro-ided it is prepared by the norms set out for the use of that 1I0 1I is registered in the national register and is similar to the certification mark identifying the origin of the good0 1o-t0 can register 1I in the international register maintained by ?IP! for world wide protection0
Industrial Designs
Co*+a)ison of ID a2ainst TM
I% )as to be integral part of product T+ Is applied on the product but need not be embodied in it0 7hould be distincti-e
7hould be
ID P)ot -tion
Protects commercial e/ploitation of the design idea through products4articles that embody it or reproduce it and not t, a)ti-" s t, *s "3 s4
mind8 There is lot of in-estment of time and money in the creation but copying is -ery cheap8 (ertile area with new circuit designs made e-ery day to cater for miniaturi2ation and no-el applications0
cannot be patented8 $opyright protection does not return the in-estments since commercial life of a design is limited0
fully or in parts8 Importing. selling or distributing commercially a protected layout design or I$ incorporating it0 &ut identical design created ind + nd nt"# by third party is not +)o,i!it d4
Trade Secret
T)ad S -) ts
7ome in-entions. data.
information cannot be protected by any of the a-ailable means of IP s0 7uch information is held confidential as a trade secret0 Trade secret can be an in-ention. idea. sur-ey method.manufacturing process. e/periment results. chemical formula. recipe. financial strategy.
W, n T)ad S -) ts a) +) f )) d?
?hen in-ention is not patentable8 Patent protection is limited to AC
years. when secret can be kept beyond that period8 ?hen cost of patent protection are prohibiti-e8 ?hen it is difficult to re-erse engineer
access to secret information 7igning confidentiality agreements with business partners and employees *sing protecti-e techni:ues like digital data security tools and restricting entry into area where trade secret is worked or held National legislations pro-ide protection in form of injunction and damages if
Copyright
Co+#)i2,t
$opyright protects literary and
artistic works
e0g0 &ooks. lectures. dramatic and musical works. choreography. cinematography. drawings. paintings. architecture. sculpture. photographs. illustrations. maps. plans sketches etc0 This is automatic right created with the creation of work and no registration is re:uired
ights : Author>s right of paternity0 Non,alienable0 ights : ights to e/ploit the work0 e0g0 ights of translation. rights of performance. rights of reproduction etc0 These rights can be transferred. assigned. licensed for economic benefits0
"conomic
W,o a) t, A1t,o)s?
?riter4writers of the book8 Painter8 +usic composer8 Translator8 $inematographer8 Photographer etc0
is DC to <C years after the death of the author (the laws of different countries -ary)8 (or photographic work AD years from making the work8 (or cinematic works DC years after making the work a-ailable to public0
eporting etc0
(ree *se is decided by amount of work used and its economic implications to the right holder0 The mention of original author4source is must0
R "at d Ri2,ts
International Agreements
Paris con-ention for the protection
of Industrial Property (=FFB) &erne con-ention for protection of 'iterary and Artistic ?orks (=FFG) Agreement on Trade elated Aspects of Intellectual Property ights (T IP7) (=HH;)
"/pression of $ulture ((olklore) &iodi-ersity and 1enetic esources "lectronic $ommerce8 Internet %omain Names8 Protection of databases. software
Than$ you
%or your patience