Intellectual property Rights

By
Himaja 09114
Navya 09127
Roopak 09137
Sharmila 09143
Swati 09150
Mohit 09226
Introduction

• Intellectual property
refers to the creation of
mind

• Rights associated with

intellectual property
which gives legal
protection is referred to
as IPR
•
 Introduction….
• Industrial designs
• Scientific discoveries
• Protection against unfair competition
• Literary, artistic and scientific works
• Inventions in all fields of human endeavor
• Performances of performing artists, phonograms and
broadcasts
• Trademarks, service marks and commercial names and
designations
• All other rights resulting from intellectual activity in the
industrial, scientific, literary or artistic fields.
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08/27/10 Intellectual property Rights 4
 Classification of IPR

IPR
Intellectual Property Broadcasting

Music
Patents
Dramatics
Works
Trademarks Copyright Literature

Sound
Recording
Industrial
Works of Art
Design
Computer
Geographical Programs
Indications
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 IP adds value at every stage of the innovation and
commercialization process

Patents / Trademarks,
Utility Models Ind. Designs,
Industrial Designs
Trademarks Geo. Indications
All IP rights

Invention Commercializati
on
Marketing Exportin
Financing Product Design g
Literary / Licensing
artistic
creation

Copyright All IP rights

 Different Acts governing IP assets

The Trade Marks Act, 1999

Trade Marks

The Patents Act, 1970

Patents

The Copyright Act, 1957

Copyright

The Designs Act, 2000

Designs
The Geographical Indications
Geographical Indications Of Goods Act, 1999
The Protection of plant varieties and
Plant Varieties Farmers’ Right Act, 2001
Semi conductor IC layout design
Semi conductor IC layout Act,2000

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 IP- Duration of Term of Protection
• Patents (14 years)
• Trademarks (10 years + renewals)
• Copyrights in published literary, dramatic, musical, and artistic works
(Lifetime of author +60 years).
• Copyright in photographs ,cinematographic film, sound recordings –
(60 years from year in which it was published)
• Broadcast reproduction right-(25 years from the beginning of the
calendar year next following the year in which the broadcast is
made.)
• Performers right-(25 years from the beginning of the calendar year
next following the year in which the performance is made)
• Industrial designs (10 years+ renewal permitted once for 5 years )
• Trade-secrets and know howcollectively “proprietary technology”
(contract period-protected by contract provisions, doctrine of
breach of trust)

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A patent is an exclusive right granted by a country to
the owner of an invention to make, use, manufacture
and market the invention, provided the invention
satisfies certain conditions stipulated in the law.
 Patent Infringement
Kind of Infringement Relief
¡Section 106. Court has the power to grant following relief
• Where any person threats
in cases of groundless threats of infringement
any other person with proceedings:
proceedings for lA declaration to the effect that the threats are
infringement of a unjustifiable.
patent. lAn injunction against the continuance of the

• The colorable imitation of threats and

an invention.
• Immaterial variations in
the invention.
• Mechanical equivalents.
• Taking essential features of
the invention.
lSuch damages, if any, as he has sustained
thereby.
¡Section 108-The relief which a court may grant in any
suit for infringement includes an injunction and at the
option of the plaintiff, either damages or an account of
profits.
¡In brief, the relief which may be awarded in a suit for
infringement are-
lInterlocutory/interim injunction.
lDamages or account of profits.
lPermanent injunction.
¡
10
 Remedies for Patent Infringement
• An injunction to prevent further infringements that
led to the dispute in the first instance;
• damages to compensate for loss suffered as a
consequence of the infringement or an account of
profits made by the infringer as a result of the
infringement;
• an order that the infringing articles that are the
subject of the dispute be destroyed or delivered
up;
• a declaration that the patent was valid and infringed
•
 Coverage provided by
copyright
• Literary, dramatic and musical work. Computer
programs/software are covered within the definition of
literary work.
• Artistic work (author’s life + 60 years)
• Cinematographic films, which include sound track and
video films (60 years from the beginning of the calendar
year following the year in which the work was published)
• Recording on any disc, tape, perforated roll or other device.
• Broadcasting (25 years from the beginning of the calendar
year following the year in which the broadcast was
made).
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 Violation of copyright
• (a) In the case of literary, dramatic or musical work, not
being a computer program-----
– to reproduce the work in any material form including
the storing of it in any medium by electronic means;
– to issue copies of the work to the public not being
copies already in circulation;
– to perform the work in public, or communicate it to the
public;
– to make any cinematography film or sound recording in
respect of the work;
– to make any translation of the work; to make any
adaptation of the work;

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 Violation of copyright
• (b) in the case of computer program –
– to sell or give on hire, or offer for sale or hire any copy
of the computer program, regardless of whether such
copy has been sold or given on hire on earlier
occasions;
• (c ) in the case of an artistic work –
– to reproduce the work in any material form including
depiction in three dimensions of a two dimensional
work or in two dimensions of a three dimensional
work;
– to communicate the work to the public;
– to issue copies of the work to the public not being
copies already in circulation;
– to include the work in any cinematography film .
– to make any adaptation of the work;
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 Violation of copyright
• (d) in the case of a cinematography film –
– to make a copy of the film including a photograph of.
any image forming part thereof;
– to sell or give on hire or offer for sale or hire, any copy
of the film, regardless of whether such copy has been
sold or given on hire on earlier occasions;
– to communicate the film to the public;
• (e) in the case of sound recording –
– to make any other sound recording embodying it;
– to sell or give on hire or offer for sale or hire, any copy
of the ,sound recording, regardless of whether such
copy has been sold or given on hire on earlier
occasions;
– to communicate the sound recording to the public;
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 Trade Marks

• Features of the Trade Mark in India

• Procedure of Trade Mark in India
• Types of Trade marks
• Advantages
•
 Other Intellectual Property Rights
• Trade Secret
• Utility Model
• Geographical Indication
 IPR in India
• India has defined the establishment of
statutory, administrative, judiciary frame
work for protecting IPR .
• IPR are strengthening day to day
• Government has passed a legislation under the
trade related aspects of IPR, to protect them
world wide.
 Continued…
• Trade and merchandise Act 1958 was replaced
with Trade MarksBill 1999
• Copy Right Amendment Act was signed on
30th Dec 1999
• The Sui generis legislation was and named as
Geographical indications of good by Indian
Government in 1999
• Industrial Designs Bill Act 1999 replaced the
then existing designs Act 1911
 Indian patent act2005
• This is the third amendment of patent act.
• The most significant feature of this
amendment is the introduction of product
patent.
• This deals with the availability of medicines,
agricultural seeds and their prices.
• It gives exclusive rights to the manufacturer.
•
•
Steps taken by Indian pharmaceutical
companies
•
• They realized the importance of R&D
• It is impossible to survive in post patent
period.
• Most of the Indian companies increased their
expenditure on R&D by 7-10%
•
 Steps of Indian Govt Towards
Protecting IPR

• Distributed copy right law for free of cost.

• Special cells for copy right enforcement have
set up in 23states and union territories.
•
•
 Advantages of IPR
• Exclusive rights to the inventor /owner of the
property
• It provides legal protection to their property
• Rights provided under IPS also helps in Socio
economic Development of the individual
•
Thank U