session ipr compliance

7/21/2019 Session IPR Compliance

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INTELLECTUAL PROPERTY

REGIMEIntroduction


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CONCEPT OF IPR


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WHAT IS INTELLECTUAL

PROPERTY?

Patents, Copyrights, Trademarks and Trade

secrets?

Designs Rights?

Patent and Copyright Law- more popularly

known

Intellectual Property more recent ?


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SOME DEFINITIONS

Davoll v Brown 7 F. Cas. 197 (C.C.D. Mass.)

(1845)the labors of the mind

as much as a mans own... As what he cultivates, or

flocks he rears (p199)

Legal and Institutional Devices to protect

creations of the mindDutfield (2003)


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CONVENTION ESTABLISHING THE

WORLD INTELLECTUAL PROPERTY

ORGANISATION 1967

intellectual property shall include the rights

relating to: literary, artistic and scientific works,

performances of performing artists, phonograms, and

broadcasts, inventions in all fields of human endeavor,

scientific discoveries,

industrial designs,

trademarks, service marks, and commercial namesand designations,

protection against unfair competition,

and all other rights resulting from intellectual activity

in the industrial, scientific, literary or artistic fields.


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COMMON THREAD

Establish property protection in Intangible

subject matterIdeas

Inventions

Signs

Information

Distinct from Property rights in Tangible goods


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HISTORY OF

INTELLECTUAL PROPERTYTerritorial


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HISTORICAL DEVELOPMENT


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Click icon to add picture Patent No 1 issuedon July 13th1836


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ORIGINS- PATENT LAW

Venetian 1474

English- Royal Grants and inventor PrivilegesStatute of Monopolies 1623-1624

Patent law Amendment Act 1852

Patents, Designs and Trade Marks Act 1883

France 1791

US Patent Law since 1790


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IN THE US

To implement Art 1 Section 8 of ConstitutionCongress shall have power ... to promote the progress

of science and useful arts by securing for limited

times to authors and inventors the exclusive right totheir respective writings and discoveries.

Patent Act 1793

confined to citizens of the United States.

1800-allowed Foreigners resident for two years

1836-1897 Some Major review

Present Law Basic structure 1952


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PATENTS IN INDIA

Act of 1856 - Protection for inventionsBased on the British Patent Law of 1852

Substituted by Act of 1859

Consolidated to protect designsThe Patterns and Designs Protection Act under Act

XIII of 1872.

In 1888, an Act was introduced to consolidate

and amend the law relating to invention and

designs in conformity with the amendmentsmade in the U.K. law


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1911 - The Indian Patents & Designs ActProduct patents / composition of matter patents

available

Act amended in 1950- Act XXXII of 1950

1972 - The Patents Act came into force on April

20, 1972Only process patents in pharmaceuticals,

agrochemicals and food

Term 5 years from date of grant or 7 years fromdate of application, whichever was earlier


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ORIGINSCOPYRIGHT


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COPY RIGHT IN ENGLAND

Advent of printing Press

Invention by Gutenberg of Movable Type in

Germany

Printing Press introduced in England by Caxton

Royal proclomations Marys in 1555-56Regulated trade of books

Controlled the press

The Statute of Anne 1709-1710

1833 extended copyright to dramatic works

1842- musical works

Copyright Act 1911 and 1956

CDPA 1988


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COPYRIGHT IN US

Copyright Act of 1970An act for the encouragement of learning by securing

the copies of maps, charts, and books, to the authors

and proprietors of such copies, during the times

therein mentionedAmended in 1831, 1909,1976

Sonny Bono Copyright Term Extension Act of

1988

Digital Millennium Copyright Act 1998Family Entertainment and Copyright of 2005

Title 17 of the United States Code


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COPYRIGHT IN INDIA


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TRADE MARK

Roots in historical practices

is one of the oldest of established human practices.branding of cattle and animals,

to distinguish the ownership of one individuals cattle from

the cattle of the others by branding the cattle with certaincolours or signs or by cutting the cattle ears in certain shapes.

In mediaeval times,the advent of trade and the introduction of guild marks.

Statutory regulations required each guild group to affix a

certain mark to all examples of a certain product.Identify the source and origin of the goods

The industrial revolutionEmergence of the modern use of trademarks as a source and

origin identifier


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ORIGINSTRADE MARKS


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OTHER RELATED RIGHTS


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INDUSTRIAL DESIGN RIGHT


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UTILITY MODEL/ PETTY PATENT


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PLANT BREEDERS RIGHTS/

PLANT VARIETY PROTECTION


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SEMI CONDUCTORS AND LAYOUT

DESIGN


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GEOGRAPHICAL INDICATIONS


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TRADITIONAL KNOWLEDGE DEBATE

AND BIO PIRACY

Traditional Knowledge,knowledge which is

- generated, preserved and transmitted between

generations in a traditional context;

- distinctively associated with the community whichpreserves and transmits it; and

- perceived as Traditional Knowledge in the

community.

(WIPO)

However the understanding changes with Country ,

Community and context


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PROTECTION OF TRADITIONAL KNOWLEDGE,

FOLKLORE AND GENETIC RESOURCES

WIPOs Intergovernmental Committee on Intellectual

Property and Genetic Resources, Traditional Knowledge

and Folklore

India

Biodiversity Act 2002The Patent Amendments Act of 2005

Traditional Knowledge Digital Library

Drugs and Cosmetics Act, 1940

European Directive 2004/24 as Regards Traditional Herbal

Medicinal Products European Directive 2006/509 on Traditional Specialities

Guaranteed

Register on Traditional Knowledge in agricultural products

and food- Austria


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INTERNATIONAL PERIOD


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BILATERAL AGREEMENTS

UK and US Piracy experiences Copyright

USA- Copyright protection only to its Citizens

UK Strategy of Reciprocity1838 and 1844 Act


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MULTILATERAL- SOME ATTEMPTS

Paris Convention of 1883Union for protection of Industrial Property

Berne Convention of 1886Union for the protection of literary and artistic works

United International Bureaux for the Protection

of Intellectual property (BIRPI) 1893

World Intellectual Property Organisation (WIPO)

1967Specialised agency of the UN in 1974


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HARMONISATION OF

INTELLECTUAL PROPERTY

Slow process

Linking IP to Trade

Ministerial Meeting Sept 1986

Urugay Round of trade talksIncluded Intellectual property as a negotiating issue

Agreement Establishing the World Trade

Organisation

TRIPS Agreement


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POST- TRIPS

Beginning of Global Property Epoch

TRIPS binding on all members of WTO

Incorporates other IP conventions by reference

Common and enlarged set of IP standards


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SUMMARY

session ipr compliance

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