Presentation

Topic of presentation = Intellectual Property Law

Presented by = Muhammad Shahrukh Khan Instructor = Ms. Asma Hasnain

Topic

Intellectual Property Law

 Introduction to Intellectual Property. Description on intellectual Property, with types and

Example case.
IPR in Pakistan Conclusion

 Type of Property refers to intangible. It refers to the creations of men and women which are usually transforms into Tangible things, Hence acquire certain rights of property. E.g. - music, literary, inventions, artistics works, software, symbols, name, images, designs, business process and method and industrial process etc.

From the previous definition, the rights and law for Intellectual Property are Intellectual Property rights(IPR) and Intellectual Property Law(IPL).

This arise due to following occuring cases in past e.g.

There was a criminal prosecution involving a former Coca Cola employee who along with two others tried to sell the secret formula of Coke to PepsiCo.

There were also the numerous lawsuits that erupted against Napster in 2000 by many artists for "stealing" songs and allowing computer users to download music without paying the artists or producers.

 Initiative was taken by Traders and Profit mongers. In 1929, USA dominated most of ownership when market crashed. There was a strings of events connected to each other which gave rise to IPRs as a stream. Post 1980 USA encountered a piracy feel and simultaneously Japan gave jitters to US economy. Due to these economic jitters and other circumstances prevailing in the market Intellectual Property Rights litigation came into picture with the increased interest of authors and designers who acted as creators and form IPR after knowing their strength.

IPR plays an important role in: Broad range of areas from internet to health care. To
Nearly all areas of science, technology, literature and arts.

Now, many of them are still emerging.

IPR provides: Exclusive rights to the inventor on their inventions. Under which they can develop and share the information.

IPR is divided into two types: a) Industrial property: And Which is further classified as Patent(invention) Trademarks b) Copyright

Industrial Designs
Geographic Indication Integrated circuits Plant Breeder rights GRTKF

A patent is an exclusive right for Invention, which is the product or process that provides a new way of doing something, in general or a new technical solution for a problem Patent provide protection to the invention of owner of the Patent. A patent protection declares that inventions cant be made, used, distributed and sold commercially without the free consent of patent. These rights of patent are enforced in the court which, in most system, holds the authority to stop the patent infringement.

A Patent has a right that he can specify that who may or may not use the patent invention The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent. Once a patent expires, the protection ends, and an invention enters the public domain, which becomes available to commercial exploitation by others.

Invention which contain: Practical Usage Element of Novelty

New characters
It must show the inventive step its must be accepted as Patentable

A trademark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise.

Background:
It goes back when, craftsmen reproduce their signatures or marks on their artistcs or utilitarian products. These marks evolve into todays system of trademark registration and protection. The system helps consumer to identify and purchase a product or service.

Trademark may be of :
One or more combination of words, numerals and letters. Drawings. Symbols. Three dimensional signs such as shape and packaging of goods. Audible signs such as music or vocal sounds. Fragrance and colors.

Collective marks: These are owned by members of association to identify themselves. E.g. association representing accountants, engineers or architectures. Certification marks: These are given for compliance with defiend standards, not for members. They are granted to anyone who can certify their product contain certain standards. E.g ISO 9000 certification to products.

An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color.

It is applied to wide variety of products :

From technical and medical instruments to watches, jewelry and other luxury items.
From house wares and electrical appliances to vehicles and architectural structures From textile designs to leisure goods.

To be protected under most national laws, an industrial design must be new and/or original. Novelty or originality is determined with respect to the existing design corpus. An industrial design is primarily of an aesthetic nature, and does not protect any technical features of the article to which it is applied.

Why I.D is protected?

It is protected because: To help economic development.

To encourage creativity in industrail and manufacturial sector.

To expand comercial activities and export national products.

 Designs

that do not meet the requirements of novelty, originality and/or individual character. Designs that are considered to be dictated exclusively by the technical function of a product; such technical or functional design features may be protected, depending on the facts of each case, by other IP rights (e.g. patents, utility models or trade secrets). Designs incorporating protected official symbols or emblems (such as the national flag). Designs which are considered to be contrary to public order or morality.

A geographical indication (GI) is a sign used on goods that have a specific geographical origin and possess qualities, reputation or characteristics that are essentially attributable to that origin.

An appellation of origin is a special kind of geographical indication.

It generally consists of a geographical name or a traditional designation used on products which have a specific quality or characteristics that are essentially due to the geographical environment in which they are produced

Following are part of G.I.

Specific manufacturing skills and traditions.
Qualities of a product which are due to human factors associated with the place of origin of the products. E.g. that place of origin may be a village or town, a region or a country.

For example, Bohemia is recognized as a geographical indication in many

countries for specific products made in the Czech Republic, in particular crystal ware.

G.I are protected to:

Understand the consumer of quality product. To buid reputation of product and particular origin.

To avoid deceiveness to consumer.

Integrated Circuit means a product, in its final form or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in and/or on a piece of material and which is intended to perform an electronic function.

Layout Design (topography):

Layout Design means the three dimensional disposition prepared for an Integrated Circuit.

Intellectual Property for Integrated Circuits provides integrated circuit inventors with up-to-date knowledge in intellectual property rights in order to be more self-reliant and not solely dependent on patent attorneys.

Plant Breeders' Rights (PBR), also known as plant variety rights (PVR), are rights granted to the breeder of a new variety of plant that give them exclusive control over the propagating material (including seed, cuttings, divisions, tissue culture) and harvested material (cut flowers, fruit, foliage) of a new variety for a number of years.

Its stands for : Genetic Resources, traditional Knowledge and Folklore

It is a type of non-conventional I.P during last few decades.

These important types of IP have been recognized valuable intellectual asset of indigenous communities, traditional societies and local population of many countries residing there since long.

Genetic Resources (GR):

It includes the genetic material of plants, animals or microorganisms of value as a resource for future generations of humanity.

Traditional Knowledge (TK):

It refers to the matured long-standing traditions and practices of certain regional, indigenous, or local communities. Traditional knowledge also encompasses the wisdom, knowledge, and teachings of these communities. In many cases, traditional knowledge has been orally passed for generations from person to person.

Folklore (F):
It consists of legends, music, oral history, proverbs, jokes, beliefs, and customs that are the traditions of that culture, subculture, or group. It is also the set of practices through which those expressive genres are shared.

Copyright is a legal term describing rights given to the people for their literary and artistic works.

Following things are provided by copyright protection: literary works such as novel, poem plays. Referance works. News papers and computer programs.

Database.
Films. Musical Composition and choreography. Artistics works such as paintings, drawings, photographs, and sculpture, advertisement, maps and technical drawings.

Following rights are given by copyright protection to the designers to prohibit or authorize: its reproduction its public performance recordings its broadcasting Its translation

Following right are also related to copyright protection: Performing artists (such as actors and musicians) in their performances. Producers of sound recordings (for example, cassette recordings and compact discs) in their recordings. Broadcasting organizations in their radio and television programs.

Following organizaions aren involved in IPR presently : World Intellectual Property Organization (WIPO) of the UN, based in Geneva is the apex intergovernmental body dealing with IPRs. CII, FICCI, ASSOCHAM etc

In India, The Ministry of Commerce and Industry, Ministry of Human Resource development, Ministry of Information and Broadcasting and Department of Science and Technology(TIFAC)
IPO,IPAP, IPSOP Pakistan.

Under Copyright. Trademark and Patent

Coca-Cola owns copyright in :

The bottle
The logo The advertising And anything it creates that is considered original work with creativity factor.

Coca-cola holds these as trademarks: In its Logo and script design. Also shape of coke bottel is trade mark. These things are trade-marks because they are distinctive marks used by the company to identify its goods and services as being uniquely of Coca-Cola.

Trade-mark violations occur only when the distinguishing feature of the original has been borrowed.

The most famous example of this in Canada came in 1942 in the case of CocaCola Co. v. Pepsi-Cola Co. (1942), 2 D.L.R. 657 (P.C.)

where Coke sued Pepsi for violating its trade-mark. The courts ruled that Cola was simply a descriptive word identifying a type of beverage, and that the distinguishing feature of the Coca-Cola trade-mark was the word Coca. And because the distinguishing feature was not borrowed, there was no likelihood that the average person would get those trade-marks confused.

The Coca-Cola company owns a patent on a method of making barrier coated plastic containers.

Obviously no one has the exclusive right to make plastic containers, but Coca-Cola has the exclusive right to use the particular method of making those containers that they describe in their patent.

Functions and Powers of IPO Pakistan :

Administer and coordinate all government systems for the protection of intellectual property rights under the laws specified in the Schedule and the rules and regulations made thereunder Prescribe, regulate or implement measures and standards on any matter related to or connected with intellectual property Accredit or certify and regulate any person as intellectual property Agent Appoint such employees, consultants and experts as deemed necessary on terms and conditions prescribed by the Federal Government Levy such charges or fees as may be reasonable for services and facilities provided by the Organisation and its constituent offices

Enter into contracts for the supply of goods or materials or for the execution of works as may be necessary for the discharge of any of its duties and functions. Supervise and coordinate the working of all intellectual property offices including the Patent Office, Trade Marks Registry and Copyright Office. Maintain a system to provide access to public documents and information relating to any intellectual property kept or maintained by the office. Advise the Government of Pakistan on policy relating to intellectual property rights. Plan for future development and up-gradation of the intellectual property infrastructure and capacity in Pakistan

IPO Pakistan State as:

IP Pakistan is committed to helping our members and users protect their Intellectual Property (IP) and understand the state of affairs regarding IP in Pakistan. IP Pakistan values the creations, inventions and any type of intellectual work and believe that protection of such work should be ensured at any cost.At the same time we are striving to achieve a balance between rightholders and users since the grant of rights is annexed with some obligations. We provide advocacy to all stakeholders of Intellectual Property Rights

IPAP : (IP Academy of Pakistan)

Is a professional institute striving for creating awareness amongst the stakeholders and general public regarding the basics of Intellectual Property, how and why to protect IP. IPAP is the first of its kind initiative in Pakistan to raise the awareness level amongst general public and stakeholders about intellectual property rights.

IPSOP : (IP Society Of Pakistan)

Intellectual Property Society of Pakistan (IPSOP) is a group of stakeholders and general public concerned with IP protection in Pakistan. The IPSOP have members throughout Pakistan and abroad who are striving for awareness, protection and enforcement of Intellectual Property Rights in Pakistan.

Intellectual Property rights provide inventor, designers etc. a platform to share their creativity to the world under the protection that no one can harm their data without permission etc. Also the existance IPO Pakistan give the natives of Pakistan to have same feelings of protection as others do and can be on top one day with their creativity factor.