IPR class 1 .pptx

8/11/2019 IPR class 1 .pptx

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Presentation on

Intellectual Property Rights


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IPR

What do you mean by IPR??

Its INTELLECTUAL PROPERTY RIGHTS.

Intellectual property right means rights to the

intellectual property.


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Definition of IP

Intellectual property (IP) is the name given to property

arising out of human intellectual effort.

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The output of human

intellectual effort often

manifests itself as new or

original knowledge or

creative expression which

adds a desirable quality to a

marketable product or

service.

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IPR

WHAT IS IP?

A PROPERTY GENERATED BY THE INTELLECTUAL,CAPABILITY OF AN INDIVIDUAL OR A GROUP OFINDIVIDUALS

The IP system is the best available tool for creatingand maintaining exclusivity over creative andinnovative output in the market place.

WHAT IS IPR?

THE LEGAL RIGHTS ON THE ABOVE GENERATEDPROPERTY


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Intellectual property refers to creations of the mind:

Inventions,

literary,

Artistic works,

Designs used in commerce,

Symbols,

Names,

Images.

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Characteristics of IP

A key characteristic of any property is that the owner

of property has the exclusive authority to determine

how that property is used.

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Physical Property

(Tangible or Material)

Intellectual Property

(Intangible or Immaterial)

2009


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Physical Property




In both the casethe owner has

exclusive right to

determine how itis used.


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Physical Property




Can only be used by

one or a limitednumber of people at a

given time.

Can be used by

various people at thesame time (including

the owner or creator).


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Physical Property




Possibility of theft and

disputes concerning

ownership is rather

limited.

Greater possibility of

theft and disputes

concerning ownership.


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Physical Property




Theft occurs only if

the possession of theproperty changes

hands.

Theft occurs if the

property is copied,imitated, adapted,

translated, used,

displayed, etc. without

permission of theowner or creator.


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Physical Property




In both the casesExpenditure or

income from the

property may besubject to taxation.


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Physical Property




Both the

properties May be

valued and

reflected on

account books and

balance sheets.


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Physical Property




Both the

properties May be

securitized and

used as collateral

for borrowing

money


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Physical Property




Both theproperties May

be insured.


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2 types of property:

Physical Property

The owner has exclusive rights todetermine how to use it.

Can be used by one or a limited no ofpeople at a given time.

It has economic value as long as thereis a demand for it.

Possibility of theft and disputesconcerning ownership is limited.

Expenditure and income from theproperty may be subject to taxation

May be insured


The owner has exclusive rights todetermine how to use it

Can be used by various people at thesame time (incl. owner/creator)

It has economic value only for theduration specified in law & demand

Greater possibility of theft anddisputes concerning ownership.

Expenditure and income from theproperty may be subject to taxation

May be insured


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Intellectual property, very broadly, means the legal rightswhich result from intellectual activity in the industrial,scientific, literary and artistic fields.

Countries have laws to protect intellectual property for twomain reasons.

One is to give statutory expression to the moral and economicrights of creators in their creations and the rights of the public in

access to those creations. The second is to promote, as a deliberate act of Government

policy, creativity and the dissemination and application of itsresults and to encourage fair trading which would contribute toeconomic and social development.


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IPs are an intangible assets

Intellectual property law aims at safeguarding

creators and other producers of intellectual goods

and services by granting them certain time-limitedrights to control the use made of those productions


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IP systems are manmade systems.

The amount of variation is huge.

In IP, the operative words are earlier, before, prior,

ahead, previous, etc.

One who created, invented, implemented, etcfirst, the IP right would be with him/her.


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Intellectual property refers to

creation of the mind: Inventions, literary, and artisticwork, and symbols, names, images, and designs usedin commerce.

IP is divided in two categories:

Industrial property: patents, trademarks, industrialdesign, and geographical indication.

Copyright: literary works such as novels, poems,and plays, films, musical composition, artistic work

as drawing, painting, photographs and sculpturesand architectural designs.


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INTELLECTUAL PRPPERTY

INDUSTRIAL PROPERTY COPYRIGHT

PATENTS

TRADEMARKS

INDUSTRIAL DESIGN

GEOGRAPHICAL INDICATION

TRADE SECRETS

LITERARY WORKS

ARTISTICS WORKS


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Patents

A patent is an exclusive right granted for an

invention, which is a product or a process that

provides a new and non-obvious way of doing

something, or offers a new and non-obvioustechnical solution to a problem.


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Patents

Example: Ring-pull Cans

The inventor licensed the system to Coca-Cola at 1/10 of a

penny per can. During the period of validity of the patent the

inventor obtained 148,000 UK pounds a day on royalties.


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Trade Mark

A trademark is a sign or any combination of signs,

capable of distinguishing a product or service from

other products or services on the market.
http://f/stories/en/10923.html


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Industrial Designs

An industrial design (or simply a design) is the

appearance of the whole or part of a product

resulting from features of, in particular, the lines,

contours, colours, shape, texture and/or materialsof the product itself and/or its ornamentation.


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Trade Secrets

Trade secrets or confidential business information are

any information that can be used in the operation of a

business and that is sufficiently valuable and secret to

afford economic advantage over others


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Copyright Copyright describes a bundle of rights given to creators in

relation to their literary and artistic works. It protects itemssuch as paintings, drawings, sculptures, photographs

,architecture, instruction manuals, software, databases,

technical documentation, advertisements ,maps ,literary

works, music, films or songs.

Music

Films

Literary


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What are Related Rights?

There are three kinds of related rights:

Rights

of performers

Actors

Musicians

Singers

Dancers

or generally

people who

perform in their

performances;

Rights of

producers of

sound recordings

(also calledphonograms) in

their recordings

(cassette

recordings,

compact discs,etc.);

Rights of

broadcasting

organizationsin

their radio andtelevision programs

and in Internet

broadcasts such as

podcasts.


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One product many IP rights:

The are many products which individually has many

IP rights like:

CD Player

1. Technical features - Patent2. Embedded computer programme

copyright

3. Aesthetic design

Industrial design

4. Brandtrademark

5. confidential information

Trade secrete


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One product many IP rights:

The are many products which individually has

many IP rights like:

Godrej Ezee:

Patent, trade secrete Shape of bottle

Design of bottle

Brand

Label


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Limitations:

1. Rights exist for a limited period.

2. Rights are restricted geographically.

3. Rights are limited by subject matter.

4. Rights are potentially limited by competition

and free movement required.


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The Paris convention for protection of industrial property came intoexistence in 1883, it dealt with Patent, TM, designs, etc and not copyright.India is not a part of it.

TRIPS Agreement(Trade Related Aspects of Intellectual Property Rights)has adopted the provision of Paris convention in that nationals ofsignatory country. India is a member of it.

The Berne convention -1886 was the first international convention oncopyright, India is a member of it.

In 1947 the General Agreement on Tariffs and Trade (GATT) came intoexistence.

WTO- World Trade Organization came into existence in 1995, WTOagreement is a package deal, the member countries have to accept all ofthe agreement.


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Some of the treaties & conventions dealing with

patents, trademark, copyright are:

Washington treaty on intellectual property in respect of integratedcircuits(1989)

Trade mark law treaty(1994)

Patent co-operation treaty(1970)

Budapest treaty on international recognition of the Deposit of Micro-organism for the purpose of Patent Procedure(1977)

Madrid agreement concerning the international registration of

marks(1891)

Locarno agreement establishing an international classification forindustrial designs(1968)


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IPR class 1 .pptx