introduction to intellectual property law

8/9/2019 Introduction to Intellectual Property Law

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4711 (Cologne)

Intellectual Property Law

Dr. Tabrez Ahmad

http://iplexindia.blogspot.com 1

Website: www.site.technolexindia.com

Blog: http://iplexindia.blogspot.com

http://www.authorstream.com/User-Presentations/tabrezahmad/


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Monday, July 26, 2010 http://iplexindia.blogspot.com 2


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yAll rights and IPRs in the e-contents of various powerpoint presentation slides/syllabus/pages are reservedin favour of Dr. Tabrez Ahmad and any violation willresult in prosecution."Prior Written AffirmativePermission" is required before dealing with or using of

any part of the e-contents in any manner whatsoever.



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Must do before starting the course

y Collect IPR syllabus from KLS Library

y Purchase an IPL Bare Acty Get membership

http://groups.google.co.in/group/iprkls

y Become follower of the Blog:

http://iplexindia.blogspot.com



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1. CONCEPT OF PROPERTY & INTELLECTUAL PROPERTY

2. IP UBIQUITOUS IN LIFE

3. RATIONALE BEHIND IP

4. PROTECTION OF IP BY PRIVATE AND PUBLIC DEBATE

5. NATURE OF IPRs

6. MAIN IP INSTRUMENTS

7. STRATEGIC ELEMENTS8. INTERNATIONAL FRAMEWORK

9. NATIONAL REGIME10. RECENT WIPO CASE of Mahindra & Mahindra v. Zach Segal.


Agenda


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CONCEPT OF PROPERTY INTELLECTUALPROPERTY

Natural object becomes a resource when itsatisfies a human want

A resource possessed and owned becomes aproperty

Traditional property have bundle of legal rightslinked to ownership and possession of an item

(Tangible: related to physical objects)

Intellectual Property is intangible property



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CONCEPT OF INTELLECTUAL PROPERTY Cont

Concept of Private Property and Freedomof contract

y Private property and contract

y Right to property and Indian constitution

y

Freedom ofC

ontract



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CONCEPT OF INTELLECTUAL PROPERTY

It is the PROPERTY CREATED BY APPLICATION OFHUMAN MIND and Investment of money, labour and

judgment.

Intangible (non-physical) in nature- derivesvalue from ideas

There is no uniform definition of IP

In knowledge age, IP is a key to techno-economic growth



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3. RATIONALE BEHIND IP

y The creative activity culminating in IP is necessaryfor socio-economic progress

y Material incentives and rewards encourage greater

creative activity

y IP rights grant monopoly through contract with theGovt. to ensure rewards

y

The interests of owner and society are balanced bylimiting periods of monopoly with obligation todisclose and remedies against abuse of rights

y Disclosure brings knowledge in public domain



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4. PROTECTION OF IP BY

PRIVATE AND PUBLIC DEBATE

yWhy govt. is required to protect IP

y

Whether govt. is really able to protect IPRsyWhether we require IPR govt. offices.

yWhy not only Private Protection



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5. Nature of IPRs

a. Key issues

b. Balancing of Interests



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5. NATURE OF IPRs

y Essentially negative rights to stop others fromcopying or counterfeiting

y In patents, being first with an invention pre-empts any

right of another making same invention independently.y In copyrights, the right is diluted as right is over the form

of expression and not over idea.

y IPRs being statutory rights are legally enforceable.

y They are territorial in nature.



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5.a. Key issue:

Ownership of Knowledge

versus

Knowledge PiracyKnowledge Piracy

IPRplays a decisive role



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5.b Balancing of Interests


Private Public

Producer Consumer

Industrialized Economies Developing Economies

Monopoly Competition

Private Interest Must Yield Public Good


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5.b. Balancing of Interests cont.



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cont.

Controlling Counterfeiting

.A never ending challenge



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.6 MAIN IP INSTRUMENTS

1. Trademarks, Trade Names & Services Marks

2. Geographical Indications

3. Trade Secrets and Confidential Information

4. Patents

5. Industrial Designs

6. Layout-designs of Integrated Circuits

7. Plant Varieties8. Copyrights And Related Rights

Firstseven are also called as Industrial Property Rights



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7. STRATEGIC ELEMENTS

Protection Offered By Each One Of The

Tools

Period Of Validity

Geographical Limits

Enforcement Features

Licensing Issues, Benefit Sharing Other Legal Implications

A clear appreciation of these. Imperative for all IPR players



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7. STRATEGIC ELEMENTSyOptions available to the IPR Holder

y Exploit the IPR himself

y License the IPR to another party (s) with mutuallynegotiated benefit sharing arrangements

y Cross License for mutually independent working and / orcollaborative working

y Assign the IPR to another party (s) for an appropriatereturn

y

Barter rightsy Establish a franchise system involving other parties

y Take action against those who infringe his rights

y Let the rights selectively lapse in certain countries



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7. STRATEGIC ELEMENTS Cont..

yRealising Value

yValuation of Knowledge and IPRy Licensing of IPR

y IPR Insurance

y IPR as a collateral



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7. STRATEGIC ELEMENTS Cont..

How does one realise the value of

ones intellectual assets

A structured audit is necessaryMonday, July 26, 2010 http://iplexindia.blogspot.com 25


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7. STRATEGIC ELEMENTS Cont

yIPR Strategiesy Effective use of International Conventions

y Strategic options in the statutory provisionse.g. divisional applications, continuation, andcontinuation in part

y Extending life of an invention

yJoint IPRy IPR Leveraging

y IPR Litigation as a strategy



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Beware !!!!Beware !!!!

Seek usage clearance



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7. STRATEGIC ELEMENTS Cont...

Institutional Imperatives Institutional IPR Policy Integrating IPR into business strategy & project

management Effective Use of IPR information Identifying areas of possible infringements Licensing strategy

Policing of institutional IP assets Litigation strategy IPR audit Effective utilisation of International Conventions.



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8. INTERNATIONAL FRAMEWORK

y Paris Convention 1883- Industrial Propertyy Berne Convention 1886- Copyrighty BIRPI was based on Berne , Switzerland with a staff of

seveny

Madrid Agreement is one of the special arrangementcreated to standardize the provisions related toTrademarks, approximately thirty nations , the USA notbeing one of them are party to Madrid Agreement

y The agreement was completed at the Madrid revisionconference of the Paris convention in 1890, and laterrevised at Stockholm in 1967.

y (Paris Convention + Berne Convention) Merged in 1893 =United International Bureau for the Protection ofIntellectual Property ( BIRPI)= WIPO in 1970



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y 1974 WIPO became a specialized agency of the

United Nations system of organisations, with amandate to administer Intellectual Property mattersrecognised by the member states of the UN.

y Today all international applications go to the WIPO

which forwards the applications to the designatedcountries for examination persuant to national law.



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y The agreements of the WTO system encompassestrade in goods and services.

y

other areas include Agreements relating to protectionof IP and dispute settlement

y The Trade Related Intellectual Property subjects (TRIPS Agreements) sets out inter alia, the legal regime

governing Patents, Trade marks, Industrial Designs,Copyright,Computer Programmes, Micro Organisms,and Micro Biological Processes.



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The IPR regime ismanaged bymany conventionsandagreements, inthe worldandthe TRIPSagreementsisthe lastone inthe seriesofagreement. Theyare1. Paris Convention for the protection of Industrial Property, 1983

( revised in 1967 and 19792. Berne Convention for the protection of Literary and Artistic

works, 1886 ( last revised in 1971)3. Madrid Agreement, 18914. Universal Copyright convention 19525. Lisbon Agreement, 18916. Rome convention 1961

7. Convention establishing the WIPO, 19678. Geneva Convention9. Treaty on Intellectual Property in respect of Integrated circuits,

1989 and10. The TRIPs Agreement 1995.Monday, July 26, 2010 http://iplexindia.blogspot.com 32


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9. National Regime

1. Patent Amendment Act 2005

2. Trademarks Act, 1999

3. Design Act 2000

4. Copyright ( Amendment) Act, 1999

5. Protection of Plant Varieties and Farmers Rights Act,2001

6. Geographical Indications of Goods ( Registration and

Protection) Act, 19997. Biological Diversity Act 2002

8. Semiconductor Integrated Circuits Layout Design Act2000



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10. Recent WIPO Case

y Mahindra & Mahindra v. Zach Segal,www.wipo.int,August, 12 , 2009.



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