Presented to:- Prof. Neeta Pathak

Presented by: Mr. Kundan jadav (07) Mr. Rohit Patel (28)

India &Intellectual Property Rights

Flow of presentation Intellectual Property Copyrights Law of Copy Right Patents Law of Patent Trade mark Law of Trademark Geographical Indications Industrial Designs Example

What is Intellectual Property?

Intellectual property is the area of law that deals with protecting the rights of those who create original works. It covers everything from original plays and novels to inventions and company identification marks. The purpose of intellectual property laws is to encourage new technologies, artistic expressions and inventions while promoting economic growth.

When individuals know that their creative work will be protected and that they can benefit from their labor, they are more likely to continue to produce things that create jobs, develop new technology, make processes more efficient, and create beauty in the world around us.

There are three main mechanisms for protecting intellectual property in the United States: copyrights, patents and trademarks.

Copyrights

Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work.

Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings.

Definition

India’s copyright law, laid down in the Indian Copyright Act, 1957 as amended by Copyright (Amendment) Act, 1999, fully reflects the Berne Convention on Copyrights, to which India is a party. Additionally, India is party to the Geneva Convention for the Protection of rights of Producers of Phonograms and to the Universal Copyright Convention. India is also an active member of the World Intellectual Property Organization (WIPO), Geneva and UNESCO.

The copyright law has been amended periodically to keep pace with changing requirements. The recent amendment to the copyright law, which came into force in May 1995, has ushered in comprehensive changes and brought the copyright law in line with the developments in satellite broadcasting, computer software and digital technology. The amended law has made provisions for the first time, to protect performer’s rights as envisaged in the Rome Convention..

Nirmala Sitharaman Ministry of Commerce and Industry since 2014. United Nations Educational, Scientific and Cultural Organization.

Copyrights law

Examples of copyright books, brochures and newspapers theatrical works oral presentations choreographic works music (with or without words) drawings, paintings, buildings and sculptures designs photographic works and computer programs

Patents Patents protect an invention from being made, sold or used by others for a certain period of

time. There are three different types of patents in the United States: Utility Patents - these patents protect inventions that have a specific function, including things

like chemicals, machines, and technology. Design Patents - these patents protect the unique way a manufactured object appears. Plant Patents - these patents protect plant varieties that are asexually reproduced, including

hybrids.

Patents law

The basic obligation in the area of patents is that, invention in all branches of technology whether products or processes shall be patentable if they meet the three tests of being new involving an inventive step and being capable of industrial application.

Geneva-based World Intellectual Property Organization (WIPO) show that out of 2.6 million patent applications filed in 2013, China accounted for almost one-third, amounting to 825,136, and India only 43,031. The US has filed 571,612 patent applications, and Japan applied for about 328,436 patents.

What is a trade mark

A Trade Mark is a visual symbol in the form of a word , a device ,or a label applied to articles of commerce with a view to indicate to the purchasing public that is a good manufactured or other wise dealt in by a particular person as distinguished from similar goods dealt or manufacture by other persons.

There are strict laws in place to protect intellectual property rights. When intellectual property rights are violated, it is important to hire an intellectual property lawyer. An experienced attorney can help you sue for damages that include lost royalties. If your case is successful, the person who violated your intellectual property rights may be required to pay for all of your legal fees in addition to compensating you for using your work without your permission.

A trademark is a distinctive sign which is used to distinguish the products or services of one business from others. Trademarks are often closely linked to brands.

Indian trademark law Indian trademark law statutorily protects trademarks as per the Trademark Act,

1999 and also under the common law remedy of passing off.[1] Statutory protection of trademark is administered by the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce and Industry.

The law of trademark deals with the mechanism of registration, protection of trademark and prevention of fraudulent trademark. The law also provides for the rights acquired by registration of trademark, modes of transfer and assignment of the rights, nature of infringements, penalties for such infringement and remedies available to the owner in case of such infringement.

The agreement contains a general obligation that parties shall provide the legal means for interested parties to prevent the use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the goo. There is no obligation under the Agreement to protect geographical indications which are not protected in their country or origin or which have fall en into disuse in that country.

Rural development effects of geographical Indications Geographical indications are generally traditional products, produced by rural communities over

generations, that have gained a reputation on the markets for their specific qualities. The recognition and protection on the markets of the names of these products allows the community

of producers to invest in maintaining the specific qualities of the product on which the reputation is built. It may also allow them to invest together in promoting the reputation of the product.

rural development impacts of geographical indications are: - a structuring of the supply chain around a common product reputation, - increased and stabilized prices for the GI product, - added value distributed through all the levels of the supply chain, - preservation of the natural resources on which the product is based, - preservation of traditions and traditional know-how, - linkages to tourism.

Geographical Indications

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.

Industrial Designs law The essential purpose of design law it to promote and protect the design element of industrial

production. It is also intended to promote innovative activity in the field of industries. The existing legislation on industrial designs in India is contained in the New Designs Act, 2000 and this Act will serve its purpose well in the rapid changes in technology and international developments. India has also achieved a mature status in the field of industrial designs and in view of globalization of the economy, the present legislation is aligned with the changed technical and commercial scenario and made to conform to international trends in design administration.

Industrial Designs

Coke Contour Bottle Hassel lad 500C Camera

Mini Cooper