INTELLECTUAL PROPERTY RIGHTS

GROUP 10

PRESENTATION OUTLINE

INTRODUCTION TRIPS INTELLECTUAL PROPERTY RIGHTS IN INDIA

CONCEPT

Rights given to persons over the creations of their minds OBJECTIVES -Financial objective -Economic growth

HISTORY

History of patents does not begin with inventions, but rather with royal grants by Queen Elizabeth I (15581603) for monopoly privileges. North German Confederation (1867) Paris Convention (1883) Berne Convention (1886) United International Bureaux for the Protection of Intellectual Property (1893) Organization subsequently relocated to Geneva in 1960 World Intellectual Property Organization (WIPO, 1967)

TRIPS
1st January 1995 DIMENTIONS OF IP -Copyright and related rights -Trademarks including service marks; -Geographical indications including appellations of origin; -Industrial designs; -Patents including the protection of new varieties of plants; -Layout-designs of integrated circuits; -Undisclosed information including trade secrets and test data.

FEATURES OF TRIPS

STANDARDS ENFORCEMENT DISPUTE SETTLEMENT

COPYRIGHTS

Paris Act of 1971 of the Berne Convention Rules defined in Articles 1 to 21 along with Appendix in constitution of Berne Convention

TRADEMARKS

Any sign, or any combination of signs, capable of distinguishing the goods and services of one undertaking from those of other undertakings, must be eligible for registration as a trademark, provided that it is visually perceptible. Applicable to services

PATENTS

Any inventions, whether products or processes, in all fields of technology without discrimination, subject to the normal tests of novelty, inventiveness and industrial applicability Article 27 The exclusive rights that must be conferred by a product patent are the ones of making, using, offering for sale, selling, and importing for these purposes.

INTEGRATED CIRCUITS

Treaty on Intellectual Property in Respect of Integrated Circuits (IPIC) Well defined terms- Integrated circuit, layout-design (topography)

IMPLEMENTATION BY MEMBERS

All members of WTO by default abide by TRIPS Agreement allows countries different periods of time to delay applying its provisions. These delays define the transition from before the agreement came into force (before 1 January 1995) until it is applied in member countries -Developed countries(1 year) -Developing countries(4 years) -Least developed countries( 11 years)

IPR IN INDIA

Copyright law- May, 1994 Member of Berne Convention on copyrights The Patents(Amendment) Act, 1999 The Trade Marks Bill, 1999 The Copyright (Amendment) Act, 1999 Geographical Indications of Goods (Registration & Protection) Bill, 1999 The Industrial Designs Bill, 1999 The Patents (Second Amendment) Bill, 1999

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