Intellectual Property Rights

INTRODUCTION TO INTELLECTUAL PROPERTY RIGHTS (IPR)

Intellectual Property (IP) is defined as any "original creative work manifested in a tangible form that can be legally protected Right associated with intellectual property which gives legal protection is referred to as IPR. When we speak of IP rights, we refer to controlling the way IP is used, accessed or distributed.

Trademark & domain names

Copyright

Trade secrets

Patent

Categories of IP rights
Utility model/Designs Geographical Indications

Plant Breeders rights

Classification of IPR
Intellectual Property

IPR
Broadcasting

Patents

Copyright

Music Dramatics Works Literature Sound Recording Works of Art

Trademarks

Industrial Design Geographical Indications

Computer Programs
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Rights that different IP assets protect

Intellectual Property can be clearly distinguished from Goodwill. UK & Australian Generally Accepted Accounting Principles (GAAP) has specified goodwill as an umbrella concept consisting of unidentifiable intangible assets and should not include those Intellectual Properties which are capable of individual identification and can be sold separately. Copyright-. Copyright may subsist in creative and artistic works (e.g.
books, movies, music, paintings, photographs, and software) and give a copyright holder the exclusive right to control reproduction or adaptation of such works for a certain period of time (historically a period of between 10 and 30 years depending on jurisdiction.

Designs- The designs entitled to protection are new and original designs having aesthetic value which have not been previously known or published in India or elsewhere.

Rights that different IP assets protect

Trademarks- is an identification symbol which may be a word, a device, a label or numeral etc. or a combination thereof used in the course of trade that enables the purchasing public to distinguish one traders goods from similar goods of other traders The purpose of Brand is: To uniquely identify a company and its product. To differentiate them from competitor. To enhance the perceived value, the quality and satisfaction that a customer experiences. attachment. Above all brand is supposed to inspire trust. Trust failure can lead to brand failure and brand failure can be fatal. Patents- is the grant of a monopoly right to an inventor who has used his skill to invent something new. A patent may be granted for a new,

useful, and non-obvious invention, and gives the patent holder a right to prevent others from practicing the invention without a license from the inventor for a certain period of time (typically 20 years from the filing date of a patent application)

Trade-Secret is sometimes either equated with, or a subset of, "confidential information") is secret, non-public information concerning the commercial practices or proprietary knowledge of business, public disclosure of which may sometimes be illegal

Copyright

Trade-Marks

Different Acts governing IP assets

The Trade Marks Act, 1999 The Patents Act, 1970 The Copyright Act, 1957 The Designs Act, 2000 The Geographical Indications Of Goods Act, 1999 The Protection of plant varieties and Farmers Right Act, 2001 Semi conductor IC layout design Act,2000
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Trade Marks Patents Copyright Designs Geographical Indications Plant Varieties Semi conductor IC layout

IP- Duration of Term of Protection

Patents (20 years) Trademarks (10 years + renewals) Copyrights in published literary, dramatic, musical, and artistic works (Lifetime of author +60 years). Copyright in photographs ,cinematographic film, sound recordings (60 years from year in which it was published) Broadcast reproduction right-(25 years from the beginning of the calendar year next following the year in which the broadcast is made.) Industrial designs (10 years+ renewal permitted once for 5 years ) Trade-secrets and know how collectively proprietary technology.

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Why are IP assets important ?

Its creation is both time and cost intensive

Requires an assembled trained workforce for its creation Requires building of goodwill through advertising programs Generates customer loyalty Adds to commercial value of organization Its exploitation brings consistent additional profits to an organization

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IP adds value at every stage of the innovation and commercialization process

Patents / Utility Models Industrial Designs Trademarks Trademarks, Ind. Designs, Geo. Indications All IP rights

Invention Financing Literary / artistic creation Product Design

Commercialization Marketing Exporting Licensing

Copyright

All IP rights

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5 Exclusive Rights of a Copyright ownership

Section 14 Copyright Act,1957

To

fix information in any tangible form To reproduce copyrighted work To sell, rent, lease or otherwise distribute copies Perform and display copyrighted work To prepare derivatives of a copyrighted work.

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Types of Copyright Infringement

It is wholesale reproduction and distribution of Copyrighted works

Direct Infringement

Contributory Infringement

It occurs when someone knowingly encourages infringing activity

Vicarious Infringement

When for financial benefit the operator in spite of his ability to control and check infringements deliberately restrains from checking the users from committing such acts14

Dilution

Dilution is a trademark law concept forbidding the use of a famous trademark in a way that would lessen its uniqueness. trademark dilution involves an unauthorized use of another's trademark on products that do not compete with, and have little connection with, those of the trademark owner. A trademark is diluted when the use of similar or identical trademarks in other non-competing markets means that the trademark in and of itself will lose its capacity to signify a single source.
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Legal remedies-Copyright infringements

There are three types of remedies against copyright infringement

Civil

Criminal

Administrative

Sections 54 to 62 deals with civil remedies for infringement of copyright. Civil remedies include injunction, damages and accounts, delivery of infringing copies and damages for conversion. Costs: The costs of all parties in any proceedings in respect of the infringement of copyright shall be at the discretion of the court.
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Copyright Infringement
Relief

Civil Remedies: Injunction Damages Account of profit Delivery of infringing copies Damages for conversion Criminal Remedies: Imprisonment of the accused or imposition of fine or both Seizure of infringing copies.

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Copyright Infringement (Contd.)

Relief Administrative remedies: Administrative remedies consist of moving the Registrar of Copyrights to ban the import of infringement is by way of such importation and the delivery of the confiscated infringing copies to the owner of the copyright and seeking the delivery.

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Geographical Indications of Goods - Infringement

Relief
In case false geographical indication is established, it carries penalty with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but may extend to two lakh rupees.

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Legal remedies for infringement of Patent

Indian Patent Act-Section 108 Injunction Damages or account of profits Infringing goods and materials be destroyed. Suit be filed in district court or high court having original civil jurisdiction

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Design Infringement
The judicial remedy for infringement of a registered design recommended in the Act is damages along with an injunction. Section 22(2) stipulates remedy in the form of payment of a certain sum of money by the person who pirates a registered design. A suit in the appropriate manner for seeking the relief in the form of an injunction is also recommended.

Relief

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