MEANING AND SCOPE INTELLECTUAL

PROPERTY RIGHTS

Akshaya kumar k s

Roll no 2

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What is Intellectual Property?Definition by WIPO

Intellectual property (IP) refers to creations of

the mind: inventions, literary and artistic works,

and symbols, names, images, and designs used

in commerce.

Objects of Intellectual Property

The objects of the rights covered by the concept of intellectual property are manifestations of human creativity.

-the form of the work;

-the invention; and

-the relationship between a symbol and a business.

HISTORY

Venetian Patent Law 1474 Elizabeth1,series of patent laws to

promote export Similar laws in india,1856 Statue of anne,1710 Idam Na Mama or Brahmarpanamastu

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Paris Convention for Protection of Industrial Property

1967 ( 1989)

Berne Convention for the Protection of Literary and

Artistic Works 1971 ( 1990)

Trade-related aspects of Intellectual Property

Agreement 1994 ( 1995)

International Convention for IP

IPR

COPYRIGHTS

Neighbouring rights

GITRADEMARKPATENTINDUSTRIAL DESIGN RIGHTS

TRADE SECRETS

Layoutdesign

Legislations in india

• Copyright: The Copyright act 1957 (amended in1983,1984,1992,1994)

• The Design Act,1911• Communication bill,2000• The Patents Act, 1970• Information Technology Act,2000• Protection of Plant Variety and

Farmers Right Act, 2001 • Biological Diversity Act, 2002

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Why Protect Intellectual Property

• Fosters economic growth

• Provides incentives for technological innovation, and

• Attracts investment that will create new jobs and opportunities.

Copy right and library service

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Services affected concerns

Fair Use the ability to use sources without seeking permission from the copyright holder

Fair Use

Allows you to

• Quote passages from a book or a journal article as long as it is credited/cited• Reproduce short segments of songs and movies as long as it is cited/credited to the

author.• use an entire work depending on the circumstances.

Examples

• Professor giving you a copy of an article• Photocopying selections of materials for your own use• Library Electronic Reserves

Library information centre

Reprographic services

clear violation of indian copy right act

Copy right on data base

Copyrightlaw

Sue generis

contracts

Copy right in digital media

WIPO rejects “digital Is different” Development of ECMS

Electronic copy right management system

Eg CITED

Plant Breeders Rights

include:

-new varieties all plant species (except algae and bacteria)

Indian plant value and farmer right bill ,1999

In agriculture

BIOTECHNOLOGY

Brca 1 gene

PIRACY

Challenges to IP

Global medium (Internet) & territorial laws Digitization

IP ideally suited to digitization intangibles… perfect, instant, infinite copies globally distributed, transient, changeable worldwide piracy as bandwidth increases, in music,

software and film industries• 870 million infringing copyright music files online

(Jan 2005)• 90% of files shared over P2P are unauthorized• 400,000 - 600,000 illegal film downloads per day• RIAA commenced over 13,000 individual law suits

against alleged illegal file-sharers

CONCLUSION

REFERENCE Satarkar,s.p., Intellectual property rights and

copyright, New Delhi, ess ess publication,2003,pg1-171

P.S.G.kumar, information and communication, Delhi, B.R.publishing corporation,2004 pg173-201\

Saha,r. Intellectual property rights in NAM and other developing countries, Delhi ,daya publishing house, 2006 pg 40-69