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Presented by:Presented by:

Group 6Group 6

Intellectual PropertyIntellectual Property

RightsRights

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Intellectual PropertyIntellectual Property

Property: NaturalProperty: Natural object becomes a resource when itobject becomes a resource when it

satisfies a human wantsatisfies a human want

A resource possessed and owned becomes a propertyA resource possessed and owned becomes a property

A bundle of legal rights linked to ownership and possession ofA bundle of legal rights linked to ownership and possession of

an iteman item Movable and Immovable PropertyMovable and Immovable Property

Intellectual Property:Intellectual Property: It is the Property created by application ofIt is the Property created by application ofhuman mind:human mind:

IntangibleIntangible (non-physical) in nature- derives value from ideas,(non-physical) in nature- derives value from ideas,

There isThere is no uniform definition of IPno uniform definition of IP,,

In knowledge age, IP is a key toIn knowledge age, IP is a key to techno-economic growth.techno-economic growth.

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Rationale Behind IPRationale Behind IP

The creative activity culminating in IP is necessary for socio-The creative activity culminating in IP is necessary for socio-economic progress,economic progress,

Material incentives and rewards encourage greater creativeMaterial incentives and rewards encourage greater creativeactivity,activity,

IP rights grant monopoly to ensure rewards,IP rights grant monopoly to ensure rewards,

The interests of owner and society are balanced by limitingThe interests of owner and society are balanced by limitingperiods of monopoly with obligation to disclose and remediesperiods of monopoly with obligation to disclose and remediesagainst abuse of rights,against abuse of rights,

Disclosure brings knowledge in public domain.Disclosure brings knowledge in public domain.

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7 Main IP Instruments7 Main IP Instruments

1. Trade Marks / Brands (Trade Marks Act, 1999)1. Trade Marks / Brands (Trade Marks Act, 1999)

Property MarksProperty Marks

2. Copyright (Copyright Act, 1957)2. Copyright (Copyright Act, 1957)

Artistic WorkArtistic Work

Literary WorkLiterary Work

Audio, Video and RecordsAudio, Video and RecordsSoftwareSoftware

3. Industrial Designs (Designs Act, 2000)3. Industrial Designs (Designs Act, 2000)

4. Patents (The Patent Act, 1970)4. Patents (The Patent Act, 1970)

5. Geographical Indications5. Geographical Indications

The geographical Indications of Goods ( RegistrationThe geographical Indications of Goods ( Registration

andandProtection )Act, 1999Protection )Act, 1999

6. Laws relating to Internet, Web and Information6. Laws relating to Internet, Web and InformationTechnologyTechnology

(Information Technology Act, 2000)(Information Technology Act, 2000)

7. Domain Names7. Domain Names

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PatentsPatents

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Patent and InventionPatent and Invention

PatentPatent, under the Act, is a grant from the Government to the, under the Act, is a grant from the Government to the

inventor for a limited period of time, the exclusive right to makeinventor for a limited period of time, the exclusive right to make

use, exercise and vend his invention. After the expiry of theuse, exercise and vend his invention. After the expiry of the

duration of patent, anybody can make use of the invention.duration of patent, anybody can make use of the invention.

InventionInvention means any new and usefulmeans any new and useful

a) art, process, method or manner of manufacturea) art, process, method or manner of manufacture

b) machine, apparatus or other articleb) machine, apparatus or other article

c) substance produced by manufacturec) substance produced by manufacture

and includes any new and useful improvement of any of them, andand includes any new and useful improvement of any of them, and

alleged inventionalleged invention

Therefore an invention is the creation of intellect applied to capitalTherefore an invention is the creation of intellect applied to capital

and labour, to produce something new and useful. Such creationand labour, to produce something new and useful. Such creation

becomes the exclusive property of the inventor on grant of patentbecomes the exclusive property of the inventor on grant of patent

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Rules and regulationsRules and regulations

Patent Act 1970 : Office of the Controller of PatentsPatent Act 1970 : Office of the Controller of Patents

RIGHTS OF A PATENTEERIGHTS OF A PATENTEE : The owner of the "Patent", i.e.: The owner of the "Patent", i.e.

patentee is entitled to deal with such property in the samepatentee is entitled to deal with such property in the same

manner as owner of any other moveable property.manner as owner of any other moveable property.

The patentee can sell the whole or part of this property (Patent).The patentee can sell the whole or part of this property (Patent).

He can also grant license to other(s) to use the patented property.He can also grant license to other(s) to use the patented property.

He can also assign such property to any other(s).He can also assign such property to any other(s).

Such sale, license or assignment of such patented propertySuch sale, license or assignment of such patented property

naturally has to be for valuable consideration, acceptable mutuallynaturally has to be for valuable consideration, acceptable mutually

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What can be PatentedWhat can be Patented

Inventions in all fields of technology, whether products orInventions in all fields of technology, whether products or

processes, if they meet the criteria ofprocesses, if they meet the criteria of

Being patentable subject matterBeing patentable subject matter

Novelty: Invention not known to public prior to claim by inventorNovelty: Invention not known to public prior to claim by inventor

Inventive Step: Invention would not be obvious to a person withInventive Step: Invention would not be obvious to a person with

ordinary skill in the artordinary skill in the art

Industrial Application: Invention can be made or used in anyIndustrial Application: Invention can be made or used in any

useful, practical activity as distinct from purely intellectual oruseful, practical activity as distinct from purely intellectual or

aesthetic oneaesthetic one

SOME EXCLUSIONS FROM

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SOME EXCLUSIONS FROMPATENTABILITYPATENTABILITY

Naturally occurring substances/elements;Naturally occurring substances/elements;

Diagnostic, therapeutic and surgical methods of treatment ofDiagnostic, therapeutic and surgical methods of treatment ofhumans or animals;humans or animals;

Plants and animals other thanPlants and animals other than -organisms;-organisms;

Essentially biological processes for production of plants orEssentially biological processes for production of plants oranimals;animals;

Inventions whose use is contrary to public order or morality.Inventions whose use is contrary to public order or morality.

Ideas, methods for business, playing games, performing mentalIdeas, methods for business, playing games, performing mentalacts.acts.

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Compulsory LicensingCompulsory Licensing

In aIn a compulsory license,compulsory license, a government forces the holder of aa government forces the holder of a

patent, copyright, or other exclusive right to grant use to the statepatent, copyright, or other exclusive right to grant use to the state

or others. Usually, the holder does receive some royalties, eitheror others. Usually, the holder does receive some royalties, either

set by law or determined through some form of arbitration.set by law or determined through some form of arbitration.

Indian Patent Act allows any interested person after expiry of 3Indian Patent Act allows any interested person after expiry of 3years from grant of patent even though if he is a license under theyears from grant of patent even though if he is a license under the

patent, may make an application to the Controller for grant ofpatent, may make an application to the Controller for grant of

compulsory licensecompulsory license

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Copyright

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Copyright ProtectionCopyright Protection

CopyrightCopyright is a form of intellectual property which gives theis a form of intellectual property which gives the

creator of an original work exclusive rights for a certain timecreator of an original work exclusive rights for a certain time

period in relation to that work, including its publication,period in relation to that work, including its publication,

distribution and adaptation; after which time the work is said todistribution and adaptation; after which time the work is said to

enter the public domain.enter the public domain.

e.g. Books, lectures, dramatic and musical works, choreography,e.g. Books, lectures, dramatic and musical works, choreography,

cinematography, drawings, paintings, architecture, sculpture,cinematography, drawings, paintings, architecture, sculpture,

photographs, illustrations, maps, plans sketches etc.photographs, illustrations, maps, plans sketches etc.

Indias context :Copyright Act ,1997Indias context :Copyright Act ,1997 Copyright arises the moment a person creates a workCopyright arises the moment a person creates a work

Copying or reproduction of copyrighted material is prohibitedCopying or reproduction of copyrighted material is prohibited

Copyright holder can prosecute a person making unauthorized useCopyright holder can prosecute a person making unauthorized use

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What can be copyrightedWhat can be copyrighted

1)1) Literary Work : books, newspapers magazines, journals,Literary Work : books, newspapers magazines, journals,

computercomputer programs, tables,programs, tables,

compilations(1995)compilations(1995)

2)2) Dramatic Work : recitation, arrangement of scenes,Dramatic Work : recitation, arrangement of scenes,

choreographic works,choreographic works, dumb showsdumb shows

3)3) Musical Work : original music workMusical Work : original music work

4)4) Artistic Work : painting , sculpture, photograph, drawing, chart,Artistic Work : painting , sculpture, photograph, drawing, chart,

mapmap

5)5) Film : motion picture, television shows, televisionFilm : motion picture, television shows, television

recordingrecording

6)6) Record : any recording of soundRecord : any recording of sound

Requirements Requirements

Work must be originalWork must be original

Copyright is applicable over the material form of expression andCopyright is applicable over the material form of expression and

not over ideanot over idea

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Owner of CopyrightOwner of Copyright

Author : Writer/writers of the book , Painter , Music composer ,Author : Writer/writers of the book , Painter , Music composer ,

Translator , Cinematographer , Photographer ,etcTranslator , Cinematographer , Photographer ,etc

Employer :Person who has paid for theEmployer :Person who has paid for the commissioned workcommissioned work

Under section 17, author is the owner of the workUnder section 17, author is the owner of the work

Employer can have ownership under the contract of service orEmployer can have ownership under the contract of service or

apprenticeshipapprenticeship

Amendment :Ownership of a computer related work is the oneAmendment :Ownership of a computer related work is the one

who pays for itwho pays for it

An author may create a work at the instance of another person ,An author may create a work at the instance of another person ,

for a valuable considerationfor a valuable consideration In such cases ,unless specified otherwise ,the personIn such cases ,unless specified otherwise ,the person

commissioning the work becomes ownercommissioning the work becomes owner

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LimitationsLimitations

In India , copyright is applicable In India , copyright is applicable

Work published in IndiaWork published in India

Author is citizen of IndiaAuthor is citizen of India

In case of unpublished work, the author at the time of making is aIn case of unpublished work, the author at the time of making is a

resident of Indiaresident of India

In case of architectural work ,it is located in IndiaIn case of architectural work ,it is located in India

Following activities are not allowed for a copyrighted workFollowing activities are not allowed for a copyrighted work

1) Reproduction or storage in electronic form1) Reproduction or storage in electronic form

2) publishing the work2) publishing the work3) performing the work in public3) performing the work in public

4)Making a cinematographic film or record w.r.t. the copyrighted4)Making a cinematographic film or record w.r.t. the copyrighted

workwork

5) Translation or adaptation of the work5) Translation or adaptation of the work

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Duration and BroadcastDuration and Broadcast

Reproduction RightsReproduction Rights In case of literary , dramatic , musical , artistic work , publishedIn case of literary , dramatic , musical , artistic work , published

during the lifetime of author, the work is under copyright duringduring the lifetime of author, the work is under copyright during

the lifetime and 60 years after the death of the authorthe lifetime and 60 years after the death of the author

In case of anonymous work , copyright is for 60 years from theIn case of anonymous work , copyright is for 60 years from the

date of publicationdate of publication

In case of photograph or films , copyright is 60 years from the yearIn case of photograph or films , copyright is 60 years from the yearof its publicationof its publication

Broadcast Reproduction Rights:Broadcast Reproduction Rights:

No person can rebroadcast a broadcastNo person can rebroadcast a broadcast

No person can make a recording of a broadcast other than forNo person can make a recording of a broadcast other than forprivate useprivate use

No person can sell or hire a broadcast without a license from theNo person can sell or hire a broadcast without a license from the

ownerowner

Exception : use of excerpts for current events, teaching , researchException : use of excerpts for current events, teaching , research

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Registration and Infringement ofRegistration and Infringement of

CopyrightCopyright Registration is not compulsory, however it is useful in case ofRegistration is not compulsory, however it is useful in case of

disputes in relation to infringementdisputes in relation to infringement

The Office of the Registrar of Copyrights maintains a register forThe Office of the Registrar of Copyrights maintains a register for

the following parts Literary Works, Musical Works, Artistic Works,the following parts Literary Works, Musical Works, Artistic Works,

Cinematograph films, sound recordings, Computer ProgrammesCinematograph films, sound recordings, Computer Programmes

Copyright Infringement Copyright Infringement

Along with the person violating a copyright , any other personAlong with the person violating a copyright , any other person

allowing the use of his place for the communication of theallowing the use of his place for the communication of the

copyrighted material is liable for prosecutioncopyrighted material is liable for prosecution

The Ac t provides for Criminal as well as civil liabilityThe Ac t provides for Criminal as well as civil liability Criminal Prosecution: Imprisonment for 6 months to 3 years and aCriminal Prosecution: Imprisonment for 6 months to 3 years and a

Fine of 50 thousand to 2 lakh rupeesFine of 50 thousand to 2 lakh rupees

Civil Suit :Stopping of infringement, payment of profits as well asCivil Suit :Stopping of infringement, payment of profits as well as

damages to owner, transfer of material to the copyright holderdamages to owner, transfer of material to the copyright holder

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TRADEMARKS

TRADEMARK SERVICE

http://images.google.co.in/imgres?imgurl=http://www.pennenzakkenrock.be/itemfiles/100/69-logo-pepsi.jpg&imgrefurl=http://www.pennenzakkenrock.be/content.asp%3FFID%3D172%26BGID%3Dbg&h=190&w=200&sz=24&tbnid=JgINYbgGoSEJ:&tbnh=94&tbnw=99&start=2&prev=/images%3Fq%3DLogo%2BPepsi%26hl%3Den%26lr%3D

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TRADEMARK, SERVICE,MARK,MARK,

and TRADE NAMEand TRADE NAME Distinctive symbols, signs, logos that help consumer to distinguishDistinctive symbols, signs, logos that help consumer to distinguishbetween competing goods or servicesbetween competing goods or services A trade name is the name of an enterprise which individualizes theA trade name is the name of an enterprise which individualizes the

enterprise in consumers mindenterprise in consumers mind

Legally not linked to quality. In fact, linked in consumers mind toLegally not linked to quality. In fact, linked in consumers mind to

quality expectationquality expectation Trade markTrade markhas a life of 7 years but can be renewed indefinitely.has a life of 7 years but can be renewed indefinitely.

Geographical IndicationsGeographical Indications : It identifies a good as originating in: It identifies a good as originating in

the territory of a member, where a given quality , reputation orthe territory of a member, where a given quality , reputation or

other characteristics of the good is essentially attributable to itsother characteristics of the good is essentially attributable to its

geographical origingeographical origin Industrial designIndustrial design : Industrial design are ornamental features of a: Industrial design are ornamental features of a

product such as shapes, design, lines, motifs or colours. Theproduct such as shapes, design, lines, motifs or colours. The

duration of protection is to be not less than 10 years.duration of protection is to be not less than 10 years.

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The Trade and MerchandiseThe Trade and Merchandise

Marks Act, 1958Marks Act, 1958 Creation of a Trade Mark RegistrarCreation of a Trade Mark Registrar

It aimed at reducing the presence of foreign trade marks andIt aimed at reducing the presence of foreign trade marks and

guarding the marks of domestic firms.guarding the marks of domestic firms.

Class of GoodsClass of Goods : While making an Application, the person has to: While making an Application, the person has to

specify the goods in relation to which trade mark was being usedspecify the goods in relation to which trade mark was being used

and the class to which the good belongedand the class to which the good belonged

Registration of a Foreign Mark :Registration of a Foreign Mark :

Surnames could be registered only if they had become distinctiveSurnames could be registered only if they had become distinctive

Marks which were on Register could be removed on the grounds ofMarks which were on Register could be removed on the grounds of

non usernon user

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Requirements for RegistrationRequirements for Registration

of a Markof a Mark A trade mark could not be registered in the following situations:A trade mark could not be registered in the following situations:

1) Use contrary to Law : National Emblems, ISI Mark1) Use contrary to Law : National Emblems, ISI Mark

2) Descriptive or Laudatory Works : Trade marks designating the2) Descriptive or Laudatory Works : Trade marks designating the

kind, quality, quantity, intended purpose, values, geographicalkind, quality, quantity, intended purpose, values, geographical

origins, time of productionorigins, time of production

3) Confusion and Deception : Distinctiveness3) Confusion and Deception : Distinctiveness

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Trade Marks Act , 1999Trade Marks Act , 1999

Inclusion of Service MarkInclusion of Service Mark: Inclusion of 7 services like banking,: Inclusion of 7 services like banking,

communication, education, Finance, etccommunication, education, Finance, etc

Procedure and Duration of RegistrationProcedure and Duration of Registration :Duration increased:Duration increased

from 7 years to 10 yearsfrom 7 years to 10 years

Expanded Definition of Trade MarkExpanded Definition of Trade Mark: Shape of Goods,: Shape of Goods,

Combination of Colors, Packaging has been includedCombination of Colors, Packaging has been included

Collective MarkCollective Mark: An association can get a mark distinguishing: An association can get a mark distinguishing

the goods and services of its members , registered as a Collectivethe goods and services of its members , registered as a CollectiveMarkMark

Certification MarkCertification Mark:Meant for a person who is competent to:Meant for a person who is competent to

certify goods or services for their origin ,material, mode ofcertify goods or services for their origin ,material, mode of

publication ,quality ,accuracy ,etcpublication ,quality ,accuracy ,etc

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THANK YOUTHANK YOU