Intelectual Property Right Laws in Relation to Public (2)

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  • 7/27/2019 Intelectual Property Right Laws in Relation to Public (2)

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    PREPARED BY

    GROUP 1

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    INTELLECTUAL PROPERTY RIGHT

    Intellectual property (IP) refers to creations of the

    mind: inventions, literary and artistic works, and

    symbols, names, images, and designs used incommerce.

    IPRs are instruments of public policy to confer

    economic privileges on individuals or institutions for

    the purposes of contributing to the greaterpublic good. The privilege is a means to an end, not

    an end in itself.

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    IPR

    IndustrialProperty Copyright

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    TYPES OF IPRIPR is divided into two parts: INDUSTRIAL PROPERTY

    inventions (patent)

    trademarks,

    industrial designs and

    geographical indications of source

    COPYRIGHT

    Literary and artistic works such as novels, poems and plays ,films,musical works such as drawings, paintings, photographs and

    sculptures and architectural designsPerforming artist in their performance ,producers of phonogramsin their recordings, and those of broadcast in their radio andtelevision programmes

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    Public Policy Public policy is the action taken by government to address

    a particular public issue.

    Public policy enters into, and influences, the enactment,execution, and interpretation of legislation.

    Public policy is a course of action adopted and pursued by

    a government.

    Public policy can be generally defined as a system oflaws, regulatory measures, courses of action, and funding

    priorities concerning a given topic promulgated by a

    governmental entity or its representatives.

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    Intellectual Property Systems in

    India: Mechanisms to create intellectual property that will be held in

    trust for public use towards pursuing social and strategic goalsare also coming up.

    IP system is evolving to provide a wider scope to technologyinnovators. As now it is important to refine the IP laws to be able to handle

    the challenges posed by recent technology advances, automateand digitize much of the operations and databases of the IPoffices, strengthen and speed up mechanisms for addressing IP

    disputes and create an environment that gives confidence toinvestors and entrepreneurs that ownership rights of intellectualproperty shall be honoured in India. We as a society need tonurture strong public initiatives in creating intellectual propertyand holding them in trust for public use directed at social ornational strategic goals.

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    TREATIES PUBLIC INTEREST

    TRIPS AGREEMENT (Trade-Related Aspects of

    Intellectual Property Rights)

    TheWTOs

    TRIPS Agreement is an attempt to narrow the gaps inthe way these rights are protected around the world, and to bring

    them under common international rules. It establishes minimum

    levels of protection that each government has to give to the

    intellectual property of fellow WTO members.

    1. Compulsory licensing of pharmaceuticals

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    THE CONVENTION ON BIOLOGICAL

    DIVERSITY (CBD) For the conservation of biological diversity, the

    sustainable use of its components and the fair andequitable sharing of the benefits arising out of the

    utilization of genetic resources, including byappropriate access to genetic resources and byappropriate transfer of relevant technologies, takinginto account all rights over those resources and totechnologies and by appropriate funding.

    1. The Role of Intellectual Property in BiodiversityProtection and Access and Benefit SharingAgreements

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    THANK YOU

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    THE INDIAN COUNCIL OF MEDICAL

    RESEARCH PREAMBLE

    The Indian Council of Medical Research (ICMR) is the premierautonomous organization of the Government of India for the planning,

    promoting, co-ordinating and conducting biomedical research in India

    POLICY

    To meet its objectives of improving public health through research, theICMR will pursue an active policy of ensuring the most rapid and

    efficient development of new medical technologies developed by itsscientists through seeking IP rights in India and abroad.