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