2010 11 pgp1-lab_written report_section b_group 12_dec20
DESCRIPTION
LEGAL ASPECTS OF BUSINESSTRANSCRIPT
Intellectual Property Rights
LEGAL ASPECTS OF BUSINESS
(PGP-1 Term-II 2010-11)
Section B | Group 12Nitesh Kumar | Binny George | Raja Vijay
Srikanth Kakumani | Amey Kulkarni
Introduction
Innovation and creativity has always been the base to solve any problem for human race
Intellectual Property (IP) describes a variety of intangible assets like ideas, inventions, technologies, artworks, music and literature
It is a commercial application of imaginative thoughts to solving a technical or artistic challenge
It is the idea behind a product and describes the way the idea is expressed and the way it is named
It is a result of an individual’s creation and inventiveness IP stimulates progress and helps transforming society
and adds value to our life
The word “property” is used to describe the value IP adds to this world
IP applies only to inventions, works and names for which a person or group of persons claim ownership
IP results from innovations based on existing knowledge
IP is relevant in all times and culture, and it has helped in evolution and progress of the society
The History Of Inventions And Intellectual Property
The Venetian Law of 1474 was the first systematic approach to protect inventions by a form of patents
Sixteenth-century Tudor England also had patent system
Statute of Monopolies in 1624 was the first written law which provided for the grant of a monopoly for an invention
The History Of Inventions And Intellectual Property (contd..)
18th century saw many countries establishing their first patent systems First patent law in France was enacted in 1791 which provided
for the protection of inventors’ rights In US, the constitution specifically provided for patents and
protection of inventions by granting exclusive rights to
inventors in 1788 Spread of printing press provoked the need for a
copyright law The invention of printing press in 1440 gave birth to first
copyright system in the world The Statute of Anne was enacted by British Parliament
in 1710, which was one of the inspirations for the intellectual property protection in the US constitution
International Framework for IP Paris Convention for the Protection of Industrial Property
1883 First major international treaty to protect intellectual creation Industrial property rights in the form of patents, marks,
industrial designs
Principle of National Treatment Equal protection between nationals and foreigners Paris Convention, Provision on national treatment (article 2)“The subjects or citizens of each of the contracting States shall,
as regards patents, industrial designs, trade marks and trade names, enjoy the advantages that their respective laws now grant, or may hereafter grant, to nationals. Consequently, they shall have the same protection as the latter and the same legal remedy against any infringement of their rights, provided they observe the formalities and conditions imposed upon nationals by the domestic legislation of each State”
International Framework for IP International Literary and Artistic
Association Set up in mid 1800s as International
Literary Association by author Victor Hugo
Berne Convention for the Protection of Literary and Artistic Works 1886
International Framework for IP Madrid Agreement on Marks 1891 International Convention for the Protection of
New Varieties of Plants (UPOV) 1961 Budapest Treaty on the International Recognition
of the Deposit of Microorganisms for the Purposes of Patent Procedure 1977
Washington Treaty on Intellectual Property in respect of Integrated Circuits 1989
Convention on Biological Diversity 1992
TRIPS Agreement
General Agreement on Tariffs and Trade (GATT) Uruguay Round led to WTO Agreement in
Marrakesh 1994 WTO commenced operation in 1995
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Administered by WTO Sets minimum standards for national IP systems Dispute settlement on IP issues Came into force on Jan 1st 1995 WTO members (except Least Developed Countries)
were to comply with TRIPS provisions by Jan 1st 2005
WIPO & WTO
World Intellectual Property Organisation - Agency of the United Nations
Administers intellectual property treaties Paris convention, the PCT, Budapest treaty
and the Strasbourg agreement on the IPC Provides technical assistance through its
development cooperation program
WTO
World Trade Organisation – body that supervises international trade
Administers the TRIPS agreement WIPO & WTO work together on common
responsibilities related to international IP issues
Types of intellectual property Industrial property and copyright Trademarks, patents & trade secrets
IP shall include rights related to Literary, artistic & scientific works Performance of performing artists & broadcasts Inventions & scientific discoveries Industrial designs Marks and commercial names Protection against unfair competition All rights resulting from intellectual activity in
industrial, scientific, literary & artistic fields
Intellectual property rights
Intellectual property rights
Intellectual property rights
Common forms of IP RightsPatent:
Patent:Cont.
Trademark:
Trademark:Cont.
Copyright and Related Rights (1/2) Bundle of rights given to creators in their
literary and artistic works The creator can prohibit or authorize
its reproduction in various forms its public performance its broadcasting its translation into other languages
The creator can enforce rights in court to obtain an order to stop unauthorized use to obtain damages for loss of financial rewards
and recognition
Copyright and Related Rights (2/2) Relative rights include
Right of a performer in his/her performance, Right of producer of a sound recording in
recording Right of broadcaster in broadcasting
Time limit of economic rights Copyright Act of 1957 1983 1992 1994
1999 Copyright exists from the moment the work is created Registration has evidentiary value in case of dispute
Geographical indications
Specific geographic origin and possess qualities or reputation due to place of origin Champagne Darjeeling Tea
Geographical indicators can be used strategically to promote regional or national enterprises
Geographical Indications of Goods (Registration and Protection) Act, 1999
Designs
“ A design is defined as the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any industrial process or means, whether manual, mechanical or chemical, which is the finished article appeal to and are judged solely by the eye ”
Indian Patent and Design Act, 1911 The Design Act, 2000
Protects only designs that are aesthetic in nature Novelty and originality are important criteria in
design for registration
Other Indian IP Laws
The Protection Of Plant Varieties And Farmers Rights Act, 2001
Integrated Circuit Layout Designs Act, 2000
The Biological Diversity Act, 2002
Thank you!