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‡ Intellectual Property is a property that arises from the human
intellect. It is a product of human creation.

‡ Intellectual Property is the creation of the human intellectual

process and is therefore the product of the human intellect or
mind.

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‡ It is an intangible form of property.
‡ It is a personal property.
‡ It is a basic form of property.
‡ It is based on information.
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‡ The objects of the rights covered by the concept of intellectual
property are manifestations of human creativity.
-the form of the work
-the invention and
-the relationship between a symbol and a business.






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‡ Venetian Patent Law of the 19th March 1474
µ«each person who will make in this city any new and
ingenious contrivance, not made heretofore in our dominion,
as soon as it is reduced to perfection«.¶
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‡ The History of Patents does not begin with inventions, but

with royal grants by Queen Elizabeth for monopoly privileges
(1558 ± 1603).

‡ The term ³Patent´ was then defined after 200 years as a legal
right obtained by an inventor providing for exclusive control
over the production and sale of his mechanical or scientific
invention...

‡ The Term ³Intellectual Property ´ was then used in 1845 in a

patent case.
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 Úavoll et al was the inventor of Open ± Flyer.

 Brown made many improvements and called it Bow ± Flyer.

 Úavoll et al filed a case on Brown that the Specification in the

Open ± Flyer were only confined to the use of Open ± Flyer.

 Thus, a motion was passed that the specifications in the Open

± Flyer was not restricted to the use of Open ± Flyer.
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‡ Gears used
± No similarities in the Gears used

‡ Úrawing
± Tube Wheel
‡ Attached in the Bow ± Flyer, impracticable in the
Open ± Flyer
± Spindles
‡ Working of the Spindles in the Bow ± Flyer was R



not possible in the Open ± Flyer
± Motion
‡ Increased velocity in the Bow ± Flyer

‡ Language
  
 

‡ Everything was different in ‡ Matter like this must be
the Flyers, but, there was taken in a practical
one thing which was manner and not in a
consistent with the open ± Metaphysical
Flyer Úistinctions.
± Either
‡ Úrawings ‡ Thus, the Motion was
‡ Language Employed refused.
‡ Increased Velocity
‡ Gearing



‡ In this Case Justice Charles L. Woodbury held that

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Modern usage of IPR gained Copyrights

momentum after the
establishment of WIPO in Patents
1967.
Trademarks
Popular usage gained
momentum only after the Úesign rights
passage of Bayh ± Úole act in
1980 Passing off

The Law of Confidential

Information
 


‡ Applies to new and useful inventions
‡ Gives holder exclusive right for 20 years to
exploit the invention
‡ First patent was given in 1790 to Hopkins.
‡ Royalty Payment
‡ Invention, Novelty and Utility
‡ Protection under TRIPS
   
   
 
 

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‡ Hindustan Metal Industries ± Manufacturer of Brass and
German Silver utensils
‡ With small change in manufacturing process, it got patented
under the Indian Patent and Úesigns Act, 1911.
‡ Bishwanath appealed in the court for revocation of patent.
‡ Court¶s Judgement:
± As the invention lacked novelty and inventive step, the
Court held that the patented invention was liable to be
revoked
   !
‡ Trade A trademark is typically a name, word, phrase, logo,
symbol, design, image, or a combination of these.
‡ Valid for not less than 7 years but can be renewed from time to
time.
‡ Based on 2 Concepts
± Úistinctiveness
± Úeceptive Similarity
‡ Protection Under TRIPS
‡ Service Marks
 
 

‡ Set of exclusive rights granted to the author or creator of an
original work, including the right to copy, distribute and adapt the
work.
‡ Protection Under TRIPs
‡ Indian Copyrights Law
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‡ Objectives
‡ Úevelopment Agenda- October, 2007
‡ Committee on Úevelopment and Intellectual
Property comprising the member states
‡ Technology Transfer and Licensing
‡ Creative Industries
‡ The Economies of IP
‡ Enforcement of IP Rights- Advisory Committee
on Enforcement
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‡ Small and Medium Enterprises-
Calipso Software, S.A.
Case facts
Issues
Analysis
Judgment
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1. Enhance and support the role of NPOs in raising
awareness about IP in SMEs
2. Provide general information on domestic, foreign,
national, regional and international IP-application and
granting procedures and personalized services for
SMEs (in their own languages)
3. Exchange information, experience and concepts
among NPOs
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‡ Lack of knowledge and awareness regarding IPRs
‡ Complexity of the IPR procedures- manual and paper
work intensive in some developing countries
‡ Lack of resources to defend IPR, especially against
infringement by larger firm
‡ Communication gap between National Patent
Authorities of different countries
‡ Long delays in processing backlogs
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‡ Úesire to block the development and sale of
look-alike products.
‡ Companies work to their advantage in cross-
licensing arrangements
‡ Companies have refused to license technology
to companies that do not have patented
technology of their own to cross-license.
‡ Patent rights are very useful in corporate
management.
 

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‡ Patents are valuable, of course, when the company uses
them, but their true value shows up when other
companies have no choice but to use them.
‡ Patents Encourage Technological Úevelopment.
‡ It is also important to use patents to track the
competition.
‡ If you watch a company¶s patent filings, you should be
able to get a pretty good idea what new products they
are developing and how close they are to
commercialization.
 V(# 

‡ Hitachi earned 455 million dollars in patent royalties in
1996.
‡ In the same year, it paid some 91 million dollars in
patent licensing fees.
‡ After the Second World War, Hitachi, like everyone
else, turned to foreign technology in an effort to close
the technology gap.
‡ In semiconductor manufacture, computer production,
television manufacture, and nuclear power generation,
Hitachi worked hard to patent these improvements in
Japan and overseas.
 

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‡ Hitachi was thus the first Japanese company to open its
patents to other companies.
‡ Hitachi divided its strategic patents into three
categories, designated gold, silver, and bronze.
‡ Hitachi was one of the first companies to recognize the
value of strategic patents, to beef up its patent effort,
and to make patents part of the overall corporate
strategy
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‡ Judgment of May 2005
‡ ALL OUT VS. GOOÚ KNIGHT
‡ A commercial was telecast showing a product of ALL
OUT and calling it ³15 saal purani technology´ The
lady plugs ALL OUT apparatus and plugs in the
Good Knight Turbo Apparatus.
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‡ ALL OUT
APPARATUS
‡ Infringement of
copyright in an
apparatus
‡ Unfair Competition
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‡ Good Knight showed an actress
using a plasma tv, lap top etc., and
other modern gadgets. The
background was LATEST,
LATEST, LATEST.
‡ So when you are using latest, why
are you using 15 year old
technology of All Out.
‡ Use Good Knight Turbo refill.
‡ Court injuncted the commercial.
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