Legal Protection 2

8/3/2019 Legal Protection 2

1/24

Name of Institution

Paithani weaving

GEOGRAPHICAL INDICATIONS
http://www.mbarth.freeserve.co.uk/paithbio.htm


2/24

Name of InstitutionWhat is GI?

Many goods possess their peculiar properties due totheir geographical origin.

GI is the best method to indicate the geographical

origin of goods and services.

Many agricultural products (tea, rice); dairy products

(cheese), wines and spirits (Champagne) owe their

special quality and reputation to their geographical

place of growth or processing.


3/24

Name of InstitutionProtection of GI GI is not owned by a single owner

Any producer in the region can use the GI on theproduct provided it is prepared by the norms set outfor the use of that GI.

GI is registered in the national register and is similarto the certification mark identifying the origin of thegood.

Govt. can register GI in the international register

maintained by WIPO for world wide protection. It is an offence to use false GI on goods.


4/24

Name of Institution

Varanasi weavers get GI protection (01 November 2009)

The newest Geographical Indication (GI) certificate from

India declares that henceforth only saris produced in Varanasi,

Azamgarh, Chandauli, Jaunpur, Mirzapur and Sant Ravi Dass

Nagar (Bhadohi) will be considered Benarsi saris.

A GI certificate, which is granted by the Centre under the

Geographical Indication of Goods (Registration and

Protection) Act, 1999, is both a guarantee and protection.

It guarantees that the product under consideration was

produced in a specific geographical region or locality from

where it draws its special characteristics.

4


5/24

Name of InstitutionIndustrial Designs
http://images.google.co.in/imgres?imgurl=http://www.spode.co.uk/Collection%2520Blue/Blue%2520Italian%2520Gourmet/Large/BI%2520Go%2520Juicer.jpg&imgrefurl=http://www.spode.co.uk/Collection%2520Blue/Blue%2520Italian%2520Gourmet%2520Page2.html&h=417&w=613&sz=40&tbnid=YponRLoaLw8J:&tbnh=91&tbnw=134&start=48&prev=/images%3Fq%3DJuicer%26start%3D40%26hl%3Den%26lr%3D%26sa%3DN


6/24

Name of InstitutionWhat are Industrial Designs?

The ornamental or aesthetic aspect of anarticle that enhances visual appeal anddifferentiates product.

e.g. 3-D features of shape or surface as of aperfume bottle, 2-D patterns of lines,shapes and colours as on a bed sheet.


7/24

Name of InstitutionCriteria for Protection as ID

New and Original

Capable of mass production or

application on an article of utility

Not contrary to public order or morality

The shape should not be determined

merely by the functionality of the good.


8/24

Name of InstitutionComparison of ID against TM

ID

Has to be integral

part of product

Should be original

and new but need

not be distinctive

TM

Is applied on the

product but need

not be embodied in

it.

Should be

distinctive


9/24

Name of InstitutionID, Copyright, Patent

If the article is not mass produced or thedesign can not be applied on a useful article,the design would be an aesthetic work,

protectable under copyright.Some engineering designs may be

sufficiently innovative, protectable as a

patent.


10/24

Name of InstitutionID Protection

Protects commercial exploitation of the design

idea through products/articles that embody it

or reproduce it and not the articles

themselves.


11/24

Name of InstitutionIntegrated Circuit Layout Designs


12/24

Name of InstitutionWhat is Layout Design?

Layout of transistors and other circuit

elements, including lead wires connecting such

elements and expressed in any manner in a

semiconductor integrated circuit (IC).


13/24

Name of InstitutionWhy to protect? IC Layouts are creations of human mind;

There is lot of investment of time and moneyin the creation but copying is very cheap;

Fertile area with new circuit designs made

every day to cater for miniaturization andnovel applications.


14/24


15/24

Name of InstitutionTrade Secrets

Some inventions, data, information cannotbe protected by any of the available meansof IPRs. Such information is heldconfidential as a trade secret.

Trade secret can be an invention, idea,survey method, manufacturing process,experiment results, chemical formula,

recipe, financial strategy, client databaseetc.


16/24

Name of InstitutionWhen Trade Secrets are preferred?

When invention is not patentable; Patent protection is limited to 20 years,

when secret can be kept beyond thatperiod;

When cost of patent protection areprohibitive;


17/24

Name of InstitutionHow to guard Trade Secret?

Restricting number of people having access tosecret information

Signing confidentiality agreements with business

partners and employees

Using protective techniques like digital data

security tools and restricting entry into area

where trade secret is worked or held

National legislations provide protection in formof injunction and damages if secret information is

illegally acquired or used.


18/24

Name of InstitutionCopyright


19/24

Name of InstitutionCopyright

Copyright protects literary and artisticworks

e.g. Books, lectures, dramatic and musical

works, choreography, cinematography,drawings, paintings, architecture,

sculpture, photographs, illustrations, maps,

plans sketches etc.This is automatic right created with the

creation of work and no registration is

required


20/24

Name of InstitutionRights covered under CR

Moral Rights : Authors right of paternity.Non-alienable.

Economic Rights : Rights to exploit the

work. e.g. Rightsof translation, rights of performance, rights

of reproduction etc. These rights can be

transferred, assigned, licensed for economicbenefits.


21/24

Name of InstitutionWho are the Authors?

Writer/writers of the book;

Painter;

Music composer; Translator;

Cinematographer;

Photographer etc.


22/24

Name of InstitutionDuration of Protection

For books and other works of arts it is 50 to

70 years after the death of the author (the

laws of different countries vary);

For photographic work 25 years from making

the work;

For cinematic works 50 years after making

the work available to public.


23/24

Name of InstitutionRelated Rights


24/24

Name of InstitutionEmerging Issues in IPR

Traditional Knowledge and Expression ofCulture (Folklore)

Biodiversity and Genetic Resources

Electronic Commerce;

Internet Domain Names;

Protection of databases, software

Legal Protection 2

Documents

Transcript of Legal Protection 2