Professional Documents
Culture Documents
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All rights and IPRs in the e-contents of various power
point presentation slides/syllabus/pages are reserved
in favour of Dr. Tabrez Ahmad and any violation will
result in prosecution."Prior Written Affirmative
Permission" 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
Collect IPR syllabus from KLS Library
Purchase an IPL Bare Act
Get membership http://groups.google.co.in/group/
iprkls
Become follower of the Blog: http://iplexindia.blo
gspot.com
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Agenda
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CONCEPT OF PROPERTY INTELLECTUAL
PROPERTY
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CONCEPT OF INTELLECTUAL PROPERTY Cont…
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CONCEPT OF INTELLECTUAL PROPERTY
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2. IP UBIQUITOUS IN LIFE
Articles of food, furniture, clothing, textiles,
cosmetics, pharmaceuticals, entertainment
gadgets, machinery, books, etc. are all IP
protected.
Domain of IP is ever expanding with advent
of Technology and Globalization : GI, IC
topography are new additions, Traditional
Knowledge/Biodiversity are likely additions
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3. RATIONALE BEHIND IP
The creative activity culminating in IP is necessary
for socio-economic progress
Material incentives and rewards encourage greater
creative activity
IP rights grant monopoly through contract with the
Govt. to ensure rewards
The interests of owner and society are balanced by
limiting periods of monopoly with obligation to
disclose and remedies against abuse of rights
Disclosure brings knowledge in public domain
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4. PROTECTION OF IP BY
PRIVATE AND PUBLIC DEBATE
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5. Nature of IPRs
a. Key issues
b. Balancing of Interests
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5.NATURE OF IPRs
Essentially negative rights to stop others from
copying or counterfeiting
In patents, being first with an invention pre-empts any
right of another making same invention independently.
In copyrights, the right is diluted as right is over the form
of expression and not over idea.
IPRs being statutory rights are legally enforceable.
They are territorial in nature.
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5.a. Key issue :
Ownership of Knowledge
Knowledge Prospecting
versus
Knowledge Piracy
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
Ownership
Rights
Responsibilities
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5.b. Balancing of Interests cont….
ACCESSIBILITY
vis-à-vis
AFFORDABILITY
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5.bBalancing of Interests cont….
Controlling Counterfeiting
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I have an innovation .... How do I
protect it in the market ???
r ig ht
Geographica
l In dications Copy
DesignRegi
stration
Trad
em ark
Tra
de S Paten
e cret t
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.6MAIN IP INSTRUMENTS
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 ELEMENTS
Options available to the IPR Holder
Exploit the IPR himself
License the IPR to another party (s) with mutually
negotiated benefit sharing arrangements
Cross License for mutually independent working and / or
collaborative working
Assign the IPR to another party (s) for an appropriate
return
Barter rights
Establish a franchise system involving other parties
Take action against those who infringe his rights
Let the rights selectively lapse in certain countries
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o n ? ? ?
C r ea t i
Va l ue
t i o n ? ?
G e n e r a
W e a l t h
t io n ? ?
Re a l is a
W e a lt h
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7. STRATEGIC ELEMENTS Cont..
Realising Value
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7. STRATEGIC ELEMENTS Cont..
IPR Strategies
Effective use of International Conventions
Strategic options in the statutory provisions
e.g. divisional applications, continuation, and
continuation in part
Extending life of an invention
Joint IPR
IPR Leveraging
IPR Litigation as a strategy
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Beware !!!!
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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
Paris Convention 1883- Industrial Property
Berne Convention 1886- Copyright
BIRPI was based on Berne , Switzerland with a staff of seven
Madrid Agreement is one of the special arrangement created to
standardize the provisions related to Trademarks, approximately
thirty nations , the USA not being one of them are party to
Madrid Agreement
The agreement was completed at the Madrid revision
conference of the Paris convention in 1890, and later revised at
Stockholm in 1967.
(Paris Convention + Berne Convention) Merged in 1893 =
United International Bureau for the Protection of Intellectual
Property ( BIRPI)= WIPO in 1970
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1974 WIPO became a specialized agency of the
United Nations system of organisations, with a
mandate to administer Intellectual Property matters
recognised by the member states of the UN.
Today all international applications go to the WIPO
which forwards the applications to the designated
countries for examination persuant to national law.
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The agreements of the WTO system encompasses
trade in goods and services.
other areas include Agreements relating to protection
of IP and dispute settlement
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 is managed by many conventions
and agreements, in the world and the TRIPS
agreements is the last one in the series of
agreement. They are
1. Paris Convention for the protection of Industrial Property, 1983 ( revised
in 1967 and 1979
2. Berne Convention for the protection of Literary and Artistic works, 1886
( last revised in 1971)
3. Madrid Agreement, 1891
4. Universal Copyright convention 1952
5. Lisbon Agreement, 1891
6. Rome convention 1961
7. Convention establishing the WIPO, 1967
8. Geneva Convention
9. Treaty on Intellectual Property in respect of Integrated circuits, 1989 and
10. The TRIPs Agreement 1995.
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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, 1999
7. Biological Diversity Act 2002
8. Semiconductor Integrated Circuits Layout Design Act
2000
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10. Recent WIPO Case
Mahindra & Mahindra v. Zach Segal, www.wipo.int,
August, 12 , 2009.
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Do you have any question?
Thanks
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