Intellectual Property Rightslaws

By , P.Srinu

• It is a legal concept which refers to creations of the mind for which exclusive rights are recognized.

• 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.

• merging of IPRs over different regions,in 1994 world trade organization(WTO) agreements on TRADE-RELATED aspects of IPR(TRIPs).

Introduction

Objectives

• Promote progress.• By exchanging limited exclusive rights for disclosure of

inventions and creative works, society and the patentee/copyright owner mutually benefit, and an incentive is created for inventors and authors to create and disclose their work.

• If some intellectual property is desirable because it encourages innovation, they reason, more is better. The thinking is that creators will not have sufficient incentive to invent unless they are legally entitled to capture the full social value of their inventions. This absolute protection or full value view treats intellectual property as another type of 'real' property, typically adopting its law and rhetoric.

CopyrightTrademarksPatents Industrial Design RightsTrade SecretsGeographical indications

Types of IPR

© Copyright ©Copyright, Act 1957

• Copyright is a legal concept, enacted by most governments, giving the creator of an original work like exclusive rights to it, usually for a period of time.(whole life of the creator plus fifty to a hundred years from the creator's death)

• Work can be expressible form of an idea or information that is substantive and discrete.

• Eg.(books,movies,music,paintaings,photographs and software)

• Generally, it is "the right to copy", but also gives the copyright holder the right to be credited for the work, to determine who may adapt the work to other forms, who may perform the work, who may financially benefit from it, and other related rights

• Copyright © {year of } {name of the owner or creator } All Rights Reserved

TrademarkTrade Marks Act, 1999

• A trademark , is recognizable sign, design or expression which identifies products or services of a particular source from those of others.

• The trademark owner can be an individual, business organization, or any legal entity.

• A trademark may be located on a package, a label, a voucher or on the product itself.

• The unauthorised usage of trademarks by producing and trading counterfeit consumer goods is known as BRAND PIRACY.

. The usage of trademarks by its

owner can cause legal issues if this usage makes him guilty of false advertising or if the trademark is offensive

• Trademarks can be owned, but also licensed. Licences can be bought from trademark owners and brokers such as McDonalds, kfc, etc…..

• A trademark may be designated by the following symbols:

• ™ (the "trademark symbol", which is the letters "TM", for an unregistered trade mark, a mark used to promote or brand goods)

• ℠ (which is the letters "SM" in superscript, for an unregistered service mark, a mark used to promote or brand services)

• ® (the letter "R" surrounded by a circle, for a registered trademark)

Patent(The Patents Act, 1970)

• It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time, in exchange for the public disclosure of the invention.

• The word patent originates from the Latin patere, which means "to lay open" (i.e., to make available for public inspection).

• patents should be available in WTO member states for any invention, in all fields of technology, and the term of protection available should be a minimum of twenty years

• The procedure for granting patents, a patent application must include one or more claims that define the invention. These claims must meet relevant patentability requirements, such as novelty and non-obviousness.

• There are variations on what is patentable subject matter from country to country.

Industrial design rights(New Designs Act, 2000)

• An industrial design right is an intellectual property right that protects the visual design of objects that are not purely utilitarian.

• An industrial design consists of the creation of a shape, configuration or composition of pattern or colour, or combination of pattern and colour in three dimensional form containing aesthetic value.

• An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft.

• Registration of rights gives the following rights – Right to exclusive use of the design– Right to protect the design from piracy– Usage of rights even against the Government

Trade secret

A formula, practice, process,design,instrumentation,patt

ern or compilation of information which is not generally known ,by which a business can obtain an

economic advantage over competitors or customers.

• is not generally known to the public.• confers some sort of economic benefit on its

holder (where this benefit must derive specifically from its not being generally known, not just from the value of the information itself).

• is the subject of reasonable efforts to maintain its secrecy.

Geographical indications

• It provides the legal means for interested parties to prevent the use of any means in 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 good.

Limitations• One critics of intellectual property, such as those in the free

culture movement point at intellectual monopolies as harming health (in the case of pharmaceutical patents),

• preventing progress• benefiting concentrated interests to the detriment of the masses . • the public interest is harmed by ever expansive monopolies in the

form of copyright extensions, software patents business method patents.

• More recently scientists and engineers are expressing concern that patent thickets are undermining technological development even in high-tech fields such as nanotechnology.

Ethics

• socially valuable goods like life-saving medicines and genetically modified seeds that are given IP protection.

Copyright © 2013 Srinu Potnuru. All Rights Reserved