intellectual property rights

An overview on intellectual property rights

Presented by :K. Sirisha

Y13mph473

M.Pharm pharmacology

Chalapathi Institute of Pharmaceutical Sciences

Chalapathi Institute of Pharamceutical Sciences

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Intellectual Property Rights

WHAT IS AN IPR?

Intellectual Property Rights are legal rights, which result

from intellectual activity in industrial, scientific, literary &

artistic fields. These rights Safeguard creators and other

producers of intellectual goods & services by granting

them certain time-limited rights to control their use.

Protected IP rights like other property can be a matter of

trade, which can be owned, sold or bought. These are

intangible and non-exhausted consumption .


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WIPO is the global forum for intellectual property services, policy, information and cooperation The World Intellectual Property Organization (WIPO) is one of the specialized agencies of the United Nations (UN) system of organizations. The “Convention Establishing the World Intellectual Property Organization” was signed at Stockholm in 1967 and entered into force in 1970.


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However, the origins of WIPO go back to 1883 and 1886, with the adoption of the Paris Convention and the Berne Convention respectively. Both of these conventions provided for the establishment of international secretariats, and both were placed under the supervision of the Swiss Federal Government. The few officials who were needed to carry out the administration of the two conventions were located in Berne, Switzerland


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IPR in India


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IPR in IndiaGeorge Alfred DePenning is supposed to have made the first application for a patent in India in the year 1856. On February 28, 1856, the Government of India promulgated legislation to grant what was then termed as "exclusive privileges for the encouragement of inventions of new manufactures" i.e. the Patents Act. On March 3, 1856, a civil engineer, George Alfred DePenning of 7, Grant’s Lane, Calcutta petitioned the Government of India for grant of exclusive privileges for his invention - "An Efficient Punkah Pulling Machine". On September 2, DePenning, submitted the Specifications for his invention along with drawings to illustrate its working. These were accepted and the invention was granted the first ever Intellectual Property protection in India.


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Intellectual property rightsIntellectual property (IP) rights are the legally

recognized exclusive rights to creations of the mind.

Under intellectual property law, owners are granted

certain exclusive rights to a variety of intangible assets,

such as musical, literary, and artistic works; discoveries

and inventions; and words, phrases, symbols, and designs.

Common types of intellectual property rights include

copyright, trademarks, patents, industrial design rights,

trade dress, and in some jurisdictions trade secrets.

http://en.wikipedia.org/wiki/Law

http://en.wikipedia.org/wiki/Exclusive_right

http://en.wikipedia.org/wiki/Intangible_asset

http://en.wikipedia.org/wiki/Copyright

http://en.wikipedia.org/wiki/Trademark

http://en.wikipedia.org/wiki/Patent

http://en.wikipedia.org/wiki/Industrial_design_right

http://en.wikipedia.org/wiki/Trade_dress

http://en.wikipedia.org/wiki/Trade_secret


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Types and tools of IPRa. Patents.b. Trademarks.c. Copyrights and related rights.d. Geographical Indications.e. Industrial Designs.f. Trade Secrets.g. Layout Design for Integrated Circuits.h. Protection of New Plant Variety.


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Patent an exclusive right granted for

an invention


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PATENTS are the safe guards

for


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Cont….

A patent owner has the right to decide who may or may not - use

the patented invention for the period in which the invention is

protected. 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, that is, the owner no longer holds exclusive rights

to the invent ion, which becomes available to commercial

exploitation by others.


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All patent owners are obliged, in return for patent protection, to

publicly disclose information on their invention in order to enrich the

total body of technical knowledge in the world. Such an ever-

increasing body of public knowledge promotes further creativity and

innovation in others. In this way , patents provide not only protection

for the owner but valuable information and inspiration for future

generations of researchers and inventors. General Principles

governing the Patent System in India and further details can be

viewed at DIP&P website at

http://ipindia.nic.in/ipr/patent/patents.htm


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Trade Mark


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A Trademark is a distinctive sign that identifies certain goods or services as those produced or provided by a specific person or enterprise. It may be one or a combination of words, letters, and numerals. They may consist of drawings, symbols, three- dimensional signs such as the shape and packaging of goods, audible signs such as music or vocal sounds, fragrances, or colors used as distinguishing features.


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It provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. It helps consumers identify and purchase a product or service because its nature and quality, indicated by its unique trademark, meets their needs. Registration of trademark is prima facie proof of its ownership giving statutory right to the proprietor. Trademark rights may be held in perpetuity.


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The initial term of registration is for 10 years; thereafter it may be renewed from

time to time. General Principles governing the Trademarks System in India and

further details can be viewed at DIP&P website at

http://ipindia.nic.in/tmr_new/default.htmc.


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Design Patents In addition to granting so-called “utility patents” directed towards

machines, manufactures, compositions of matter and processes,39 the Patent Act of 1952 also allows for “design patents.” An inventor may obtain a design patent by filing an application with the USPTO directed towards a “new, original and ornamental design for an article of manufacture.”40 Most design patent applications consist primarily of drawings that depict the shape or surface decoration of a particular product. They may concern any number of products, including “apparel, automobile parts, computer products, containers, cosmetics, electronics products, textile designs, home furnishings, home appliances, jewelry, motor vehicles, office supplies, optics and toys.”


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Industrial Designs


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Industrial designs refer to creative activity, which result in the ornamental or formal appearance of a product, and design right refers to a novel or original design that is accorded to the proprietor of a validly registered design. Industrial designs are an element of intellectual property. Under the TRIPS Agreement, minimum standards of protection of industrial designs have been provided for. As a developing country, India has already amended its national legislation to provide for these minimal standards.


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Industrial design is the profession that determines the form of a manufactured product, shaping it to fit the people who use it and the industrial processes that produce it. Industrial Designers work to make our lives more comfortable, pleasurable and efficient. By studying people at work, at home and in motion, they create products like office chairs that promote proper posture, kitchen tools that are comfortable even for elderly hands and toys that provide safe play and learning for all children. In particular, Industrial Designers deal with

the parts of a product that humans interact with, striving to give universal access to products that are ecologically responsible and safe to use. Also, they give a product with distinctive

elegance that makes us want it. As explained by the Industrial Designers Society of America.


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Domain rights


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When the Internet was in its infancy, domain names (like <harvard.edu>) were created to serve as useful mnemonic means of locating computers on the Internet. With the globalization and commercialization of the Internet, domain names have taken on a new significance as business identifiers, they no longer act only as a means of locating particular computers. They are rapidly making their way into "real space," cropping up on television commercials, billboards, magazine ads, and even the sides of buses. As such, they are now coming into conflict with business identifiers such as trademarks that exist in "real space." Two factors exacerbate this conflict. First, domain names must be unique - one string of words can link to only one site - while trademarks may overlap in different industries or different geographical locations. Second, it is common practice for many Internet users to guess at domain names. Thus domain names based on intuition become valuable corporate assets.


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These unique characteristics raise questions about how disputes between domain name owners and trademark owners should be resolved. Three theories of trademark law are most often used to decide these disputes. The first theory is traditional trademark infringement which requires that the infringing use cause a likelihood of confusion (Lanham Act S.1114). The second claim, and one that is often the most successful in the context of domain names, is dilution (Lanham Act S.1125(c)). The third claim, unfair competition (Lanham Act S.1125(a)), is similar to traditional trademark infringement but applies to unregistered marks


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Plant breeders rightsPlant breeders' rights (PBR), also known

as plant variety rights (PVR), are rights granted to the breeder of a new variety of plant that give the breeder 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.

http://en.wikipedia.org/wiki/Plant_breeding

http://en.wikipedia.org/wiki/Plant_variety_(law)

http://en.wikipedia.org/wiki/Exclusive_right


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With these rights, the breeder can choose to become the exclusive marketer of the variety, or to license the variety to others. In order to qualify for these exclusive rights, a variety must be new, distinct, uniform and stable. A variety is new if it has not been commercialized for more than one year in the country of protection. A variety is distinct if it differs from all other known varieties by one or more important botanical characteristics, such as height, maturity, color, etc. A variety is uniform if the plant characteristics are consistent from plant to plant within the variety


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A variety is stable if the plant characteristics are genetically fixed and therefore remain the same from generation to generation, or after a cycle of reproduction in the case of hybrid varieties. The breeder must also give the variety an acceptable "denomination", which becomes its generic name and must be used by anyone who markets the variety.


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Copyrights and related rights


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Copyright is a legal term describing rights given to creators for their literary and artistic works. The kinds of works covered by copyright include: literary works such as novels, poems, plays, reference works, newspapers and computer programs; databases; films, musical compositions, and choreography; artistic works such as paintings, drawings, photographs and sculpture; architecture; and advertisements, maps and technical drawings.


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Copyright subsists in a work by virtue of creation; hence it’s not mandatory to register. However, registering a copyright provides evidence that copyright subsists in the work & creator is the owner of the work. Creators often sell the rights to their works to individuals or companies best able to market the works in return for payment.


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These payments are often made dependent on the actual use of the work, and are then referred to as royalties. These economic

rights have a time limit, (other than photographs) is for life of author plus sixty

years after creator’s death. General Principles governing the Copyrights and related rights System in India and further details can be

viewed at website of Copyright Office website at

http://copyright.gov.in/


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Trade marks Tm

™ tm for an unregistered trademark, that is, a mark used to promote or brand goods;

℠ sm for an unregistered service mark, that is, a mark used to promote or brand services;

® r for a registered trademark. The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required. The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand.


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DATA BASE RIGHTSA database, that is a collection of data or other

material that is arranged in such a way so that the items are individually accessible, may be protected by copyright as a literary work and/or database right. This protection can apply to both paper and electronic databases.

For copyright protection to apply, the database must have originality in the selection or arrangement of the contents and for database right to apply, there must have been a substantial investment in obtaining, verifying or presenting its contents.

http://www.ipo.gov.uk/types/copy/c-applies/c-literary.htm


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It is possible that a database will satisfy both these requirements so that both copyright and database right apply. There is no registration for database right - it is an automatic right like copyright and commences as soon as the material that can be protected exists in a recorded form. However, the term of protection under database right is much shorter than under copyright. Database right lasts for 15 years from making but, if published during this time, then the term is 15 years from publication.


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Geographical Indications (GI)


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GI are signs used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that place of origin. Agricultural products typically have qualities that derive from their place of production and are influenced by specific local factors, such as climate and soil. They may also highlight specific qualities of a product, which are due to human fact ors that can be found in the place of origin of the products, such as specific manufacturing skills and traditions.


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A geographical indication points to a specific place or region of production that determines the characteristic qualities of the product that originates therein. It is important that the product derives its qualities and reputation from that place. Place of origin may be a village or town, a region or a country. It is an exclusive right given to a particular community hence the benefits of its registration are shared by the all members of the community.


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Recently the GIs of goods like Chanderi Sarees, Kullu Shawls, Wet Grinders etc. have been registered. Keeping in view the large diversity of traditional products spread all over the country, the registration under GI will be very important in future growth of the tribes /

communities / skilled artisans associated in developing such products.


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General Principles governing the Geographical Indication System in India and further details can be viewed at website of Geographical

Indication Registry, website athttp://ipindia.nic.in/girindia/


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References:Intellectual Property rights by CVS Subramanyamhttp://en.wikipedia.org/wiki/Intellectual_propertyhttp://

www.dcmsme.gov.in/emerge/website_material_on_ipr.pdfhttp://ipindia.nic.in/tmr_new/default.htmhttp://www.ipo.gov.uk/types/databaseright.htmhttp://www.ipindia.nic.in/http://copyright.gov.in/http://en.wikipedia.org/wiki/Plant_breeders'_rights

http://en.wikipedia.org/wiki/Intellectual_property







http://www.dcmsme.gov.in/emerge/website_material_on_ipr.pdf

http://www.dcmsme.gov.in/emerge/website_material_on_ipr.pdf

http://www.ipo.gov.uk/types/databaseright.htm

http://www.ipo.gov.uk/types/databaseright.htm

http://www.ipindia.nic.in/

http://copyright.gov.in/

http://en.wikipedia.org/wiki/Plant_breeders'_rights


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Education

intellectual property rights