Intellectual property Rights

By Himaja 09114Navya 09127Roopak 09137Sharmila 09143Swati 09150Mohit 09226

Introduction

•Intellectual property refers to the creation of mind

•Rights associated with intellectual property which

gives legal protection is referred to as IPR

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Introduction….

• Industrial designs • Scientific discoveries • Protection against unfair competition • Literary, artistic and scientific works • Inventions in all fields of human endeavor • Performances of performing artists, phonograms and

broadcasts • Trademarks, service marks and commercial names and

designations • All other rights resulting from intellectual activity in the

industrial, scientific, literary or artistic fields.

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April 10, 2023 Intellectual property Rights

Classification of IPR

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IPR

Patents

Industrial Design

Trademarks

Works of Art

Literature

Music

Broadcasting

Dramatics Works

Sound Recording

Computer Programs Geographical Indications

Intellectual Property

Cop

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

Literary / artisticcreation

Invention

Financing Product Design

CommercializationMarketing

Licensing

Exporting

Patents / Utility Models

Copyright

Industrial DesignsTrademarks

Trademarks, Ind. Designs,

Geo. IndicationsAll IP rights

All IP rights

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Different Acts governing IP assets

Trade Marks

The Patents Act, 1970Patents

The Copyright Act, 1957Copyright

Designs

The Protection of plant varieties and Farmers’ Right Act, 2001

Geographical Indications

Plant Varieties

Semi conductor IC layout design Act,2000

The Designs Act, 2000

The Geographical IndicationsOf Goods Act, 1999

The Trade Marks Act, 1999

Semi conductor IC layout

April 10, 2023 Intellectual property Rights

April 10, 2023 Intellectual property Rights

IP- Duration of Term of Protection

• Patents (14 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.)• Performers right-(25 years from the beginning of the calendar year

next following the year in which the performance is made)• Industrial designs (10 years+ renewal permitted once for 5 years )• Trade-secrets and know how collectively “proprietary technology”

(contract period-protected by contract provisions, doctrine of breach of trust)

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A patent is an exclusive right granted by a country to the owner of an invention to make, use, manufacture

and market the invention, provided the invention satisfies certain conditions stipulated in the law.

Patent Infringement

• Where any person threats any other person with proceedings for infringement of a patent.

• The colorable imitation of an invention.

• Immaterial variations in the invention.

• Mechanical equivalents.• Taking essential features of

the invention.

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Section 106. Court has the power to grant following relief in cases of groundless threats of infringement proceedings:

A declaration to the effect that the threats are unjustifiable.

An injunction against the continuance of the threats and

Such damages, if any, as he has sustained thereby. Section 108-The relief which a court may grant in any

suit for infringement includes an injunction and at the option of the plaintiff, either damages or an account of profits.

In brief, the relief which may be awarded in a suit for infringement are-

Interlocutory/interim injunction. Damages or account of profits. Permanent injunction.

Kind of Infringement Relief

Remedies for Patent Infringement

• An injunction to prevent further infringements that led to the dispute in the first instance;

• damages to compensate for loss suffered as a consequence of the infringement or an account of profits made by the infringer as a result of the infringement;

• an order that the infringing articles that are the subject of the dispute be destroyed or delivered up;

• a declaration that the patent was valid and infringed

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Coverage provided by copyright

• Literary, dramatic and musical work. Computer programs/software are covered within the definition of literary work.

• Artistic work (author’s life + 60 years)• Cinematographic films, which include sound track and video films

(60 years from the beginning of the calendar year following the year in which the work was published)

• Recording on any disc, tape, perforated roll or other device.• Broadcasting (25 years from the beginning of the calendar year

following the year in which the broadcast was made).

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Violation of copyright

• (a) In the case of literary, dramatic or musical work, not being a computer program-----– to reproduce the work in any material form including the

storing of it in any medium by electronic means;– to issue copies of the work to the public not being copies

already in circulation;– to perform the work in public, or communicate it to the

public;– to make any cinematography film or sound recording in

respect of the work;– to make any translation of the work; to make any

adaptation of the work;

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Violation of copyright• (b) in the case of computer program –

– to sell or give on hire, or offer for sale or hire any copy of the computer program, regardless of whether such copy has been sold or given on hire on earlier occasions;

• (c ) in the case of an artistic work –– to reproduce the work in any material form including depiction

in three dimensions of a two dimensional work or in two dimensions of a three dimensional work;

– to communicate the work to the public;– to issue copies of the work to the public not being copies

already in circulation;– to include the work in any cinematography film .– to make any adaptation of the work;

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Violation of copyright

• (d) in the case of a cinematography film –– to make a copy of the film including a photograph of. any image

forming part thereof;– to sell or give on hire or offer for sale or hire, any copy of the film,

regardless of whether such copy has been sold or given on hire on earlier occasions;

– to communicate the film to the public;

• (e) in the case of sound recording –– to make any other sound recording embodying it;– to sell or give on hire or offer for sale or hire, any copy of the ,sound

recording, regardless of whether such copy has been sold or given on hire on earlier occasions;

– to communicate the sound recording to the public;

Trade Marks

•Features of the Trade Mark in India•Procedure of Trade Mark in India•Types of Trade marks•Advantages

Other Intellectual Property Rights

• Trade Secret• Utility Model• Geographical Indication

• India has defined the establishment of statutory, administrative, judiciary frame work for protecting IPR .

• IPR are strengthening day to day• Government has passed a legislation under the

trade related aspects of IPR, to protect them world wide.

IPR in India

Continued…

• Trade and merchandise Act 1958 was replaced with Trade MarksBill 1999

• Copy Right Amendment Act was signed on 30th Dec 1999

• The Sui generis legislation was and named as Geographical indications of good by Indian Government in 1999

• Industrial Designs Bill Act 1999 replaced the then existing designs Act 1911

Indian patent act2005

• This is the third amendment of patent act.• The most significant feature of this

amendment is the introduction of product patent.

• This deals with the availability of medicines, agricultural seeds and their prices.

• It gives exclusive rights to the manufacturer.

Steps taken by Indian pharmaceutical companies

• They realized the importance of R&D• It is impossible to survive in post patent

period.• Most of the Indian companies increased their

expenditure on R&D by 7-10%

Steps of Indian Govt Towards Protecting IPR

• Distributed copy right law for free of cost.• Special cells for copy right enforcement have

set up in 23states and union territories.

Advantages of IPR

• Exclusive rights to the inventor /owner of the property

• It provides legal protection to their property• Rights provided under IPS also helps in Socio

economic Development of the individual

Thank U