Intellectual property rights . . .
• The rights given to persons over creations of their minds
• The product should be unique and have some value in the market.
• Like Real Property:
– It can be bought, sold, licensed, exchanged, given away
– The owner can prevent unauthorized use
Three Principle Types . . .
– Patents– Copyrights – Trademarks
– industrial design rights and trade secrets
• It includes,• patent rights• utility model rights• design rights• trademark rights• and copyrights
Patent . . .
• The Patent Bill of 1790 enabled the government to patent
• “Any useful art, manufacture, engine, machine, or device, or any instrument thereon not before known or used."
– Not discoveries of nature
– Exclusive right to make, use and sell an invention for a specific period—20 years
Patent Benefits . . .
• Rewards time, money & effort associated with research
• Encourages innovation and research by permitting companies to recover R&D costs
• Encourages quick commercialization
• Allow early exchange of information between research groups– Avoiding duplicate efforts
• Exclusive privilege to authors to reproduce, distribute, perform, or display their works.
• Literary works, including computer programs
• Musical works and lyrics• Dramatic words• choreographic works• Pictoral, graphic, and sculptural works• Motion pictures and audiovisual works• Sound recordings• Architectural works
• It is usually associated with civil law.
• In the Copyright Act, there are provisions to treat all forms of infringement of copyright as offences.
• The police also have powers to take action and is punishable with a minimum of six months’ imprisonment, which may extend to three years, and a fine of between Rs 50,000 and Rs 200,000.
Trademark . . .
• Word or symbol used by manufacturers to identify goods.
• It is a distinctive sign which is used to prevent confusion among products in the marketplace.
Legislation . . .
• (WIPO) World Intellectual Property Organisation
• (WTO) World Trade Organisation
• (TRIPS) Trade-Related Aspects of Intellectual Property Rights
Legislations . . .
• Each country or region has its own set of IPRs laws and regulations
• In Jan 1, 1995 the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement”) entered into force
• TRIPS Agreement rules do not directly apply in most national legal systems, but instead are implemented by legislation
• TRIPS allows for compulsory licensing, price controls and a competition policy.
Those are my thoughts.What are yours?
Seminar by . . .• M.Ravishankar• [email protected]• MBA [ Final ] 2008 - 2010• Nift-tea college of fashion• Tirupur, Tamil nadu.• India.