w.t.o trips and wipo. intellectual property imagination is more important than knowledge albert...

W.T.O

TRIPsAND

WIPO

Intellectual Property

Imagination is more important than knowledge

Albert Einstein

Intellectual

Property

Strategy

Intellectual Property

It consists of ideas, inventions, technologies, artworks, music and literature, that are intangible when first created, but become valuable in tangible form as products.

IP results from innovations based on existing knowledge

Intellectual Property

Intellectual property rights are traditionally divided into two main categories:

Copyright and rights related to copyright

Industrial property

Intellectual Property StrategyINTELLECTUAL PROPERTY RIGHTS1. Copyright and Related Rights2. Trademarks3. Geographical Indications4. Industrial Designs5. Patents6. Layout-Designs (Topographies) of

Integrated Circuits7. Protection of Undisclosed

Information (Trade Secrets)

Intellectual Property

WIPO has proclaimed the universal value of IP and has shown that IP is native to all peoples, relevant in all times and cultures, and that it has marked the world’s evolution and historically contributed to the progress of societies.

Intellectual Property is heritage of us all.

Intellectual Property

Copyright and related rights Patents Trademarks Industrial Design Geographical indications Lay out design of integrated circuits. Undisclosed information

Intellectual Property

Copyright and related rights consist of a bundle of right given to creators in their literary and artistic work.

Ignorance “was” bliss

“Thou shall not steal”….. do not copy, cut and paste …..

After this Presentation

Definition

Statutory Definition

“Copyright mean exclusive right to do or authorize others to do certain act in relation to1. Literary dramatic or musical works

2. Artistic works

3. Cinematograph films

4. Sound recording

What is copyright ?

Right given by the law to creators of literary, dramatic, musical and artistic works to prevent unauthorized use

Comprises of Rights of Broadcasting, Performance, Communication, and Translation and Adaptation.

Requirement for copyright

Protected work is of sufficient Judgement, Skill and Labour or Capital

It is immaterial whether the work is wise or foolish or accurate or inaccurate or whether it has or has not literally any merit

No copyright in Ideas

Copyright is an exclusive right !

Economic rights : Right to exploit the work or to assign or transfer it to others

Moral rights :– Rights of Authorship : the right of the author to

be recognized as author even when economic rights are assigned

– Rights of Respect : the right of the author to protest against distortion of the work

PATENT ACT

Patent right is governed by :– 1970 Act,– amendment in 1999– amendment in 2002– Ordinance in 2005

PATENT ACT

Global IP market has crossed $ 150 bn

-Pricewaterhouse Coopers

Produce or Perish

Patent or Perish

TO

Valuation of Patent

Cost Approach Income Approach Market Approach

What is Patent right?

Exclusive right:– to use inventions– Grant License– sell the monopoly to a 3rd person

It Relates to:– new product or its improvement– manufacturing process

Why Patent Law (Monopoly)?

To encourage Research & Innovations

Rewards for the expenses of developing inventions

It induces to invest capital in new lines of production

The inventions are no more secret & lost to the world

Infringement of patents

It is the violation of the monopoly rights.

The rights include the right to make,use,sell or distribute the invention in India.

In case of a product the rights are infringed by the one who makes or supplies that item.

In case of process the rights are infringed by one who uses the method or process.

Infringement of patents

The patentee must be shown to have taken the invention claimed.

The patentee specifies in his claims particularly those elements which act in relation to another in constituting the essential features of claim.

When an infringer has taken all the essential features claimed then it is known as ‘colourable imitation’.

Infringement of patents

A person is guilty of infringement if he makes what is an equivalent of the patented article.

Infringement cannot be avoided by substituting essential equivalents but cannot be claimed if one omits an essential equivalent.

Infringement of patents

The action for infringement of a patent can instituted by way of suit in any district court or high court.

A suit for infringement can be instituted only after patent has been sealed.

A suit for infringement of a patent which has expired may be brought in order to claim damages sustained during the term of the patent.

Infringement of patents

When a patent has lapsed and subsequently restored no suit or proceedings can be commenced.

Period of limitation for bringing the suit is three years from the date of infringement.