Professional Documents
Culture Documents
Session 4.3
Intellectual Property Rights
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Session Objectives
At the end of session students will be able to
understand
The fundamental characteristics of organizing,
Work specialization, chain of command, span of
management, and centralization versus decentralization
Role of human resource management and importance of
Strategic HRM
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Session Objectives
Identify how structure can be used to achieve an
organizations strategic goals
Illustrate how organization structure can be designed
to fit environmental uncertainty
Identify elements of organisational behaviour which
affects individual/group performance
Need for organisations to plan for change
management
M.S Ramaiah School of Advanced Studies - Bangalore
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Contents
Intellectual Property Rights
Patents
Designs
Copyrights Act
Trademarks Act
Geographical Indications
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Copyrights
Trademarks
Patents
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CD Player
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Pressure Cooker
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Patents
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Patents
Patenting process:
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Anatomy of a Patent
Title, Inventors, Assignees, Date of filing, Date of Publication,
Date of Grant, International Classification, National
Classification Application number, Patent Number; Abstract
Background of The Invention
Description of The Prior Art
Summary of The Invention
Brief Description of The Drawings
Detailed Description
Preferred Embodiments
Claims
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Designs wing
(Kolkata)
Patent office
( Kolkata, Delhi,
Mumbai,
Chennai)
Trade Marks
Registry
( Kolkata, Delhi,
Mumbai,
Ahmadabad
Chennai)
Geographical
Indications
Registry
( Chennai)
Patent
Information
Service
( Nagpur)
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Patents
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Patents
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Patents
India is fully in compliance with its international obligations
under the TRIPs Agreement.
The Patents Act 1970 has undergone three amendments 1999,
2002 & 2005.
Amendment in 2005 has major implications on the following:
Introduction of product patent protection for food, pharmaceutical and
chemical inventions.
Examination The mail box applications, from January 01, 2005
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Patents
Under TRIPS, countries that did not have a product patent
regime in place as on January 1, 1995, had to provide for a
mailbox.
It is a mechanism for accepting patent applications till a product
patent regime was actually put in place.
Experts assume, therefore, that most of those patent requests are
for already known medicines that have been only slightly
modified.
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Compulsory Licensing
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Compulsory Licensing
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Designs
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Designs
The existing legislation on industrial designs in India is
contained in the New Designs Act, 2000
India had achieved a mature status in the field of industrial
designs
The present legislation is aligned in view of the changed
technical and commercial scenario and made to conform to
international trends in design administration.
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Designs
The protection is only for the appearance of the
article and not how it works
Electrical
JUG
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Copyrights
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Copyrights
India has a very strong and comprehensive copyright law Indian Copyright Act, 1957
Amended in 1981, 1984, 1992, 1994 and 1999
The amendment in 1994 were a response to technological
changes
Major Areas:
Communications (broadcasting and telecasting) and
The emergence of new technology (computer software)
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Copyrights
The Act list wide areas of expressions art, literature,
music, and film which can be copyrighted
The copyrighting is in favour of author/creator
The Act provides mechanism to registering work with the
government for extended protection
The Act prohibits the copying or reproduction of
copyrighted material
Unauthorized user can be prosecuted
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Copyrights
The 1999 amendments have made the Copyright Act fully
compatible with Trade-Related Aspects of Intellectual
Property Rights (TRIPS) Agreement. & fully reflects Berne
Convention
The amended law has provisions to protect performers
rights as envisaged in the Rome Convention
The Indian Copyright law is one of the most modern
copyright laws in the world
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Copyrights
Important requirement is that the work must be original
Without copyright protection, any one could copy anothers
work and become owner of the work
The copyright is not related to not ideas, but to their
expressions
Expressed in a tangible form
Expressed in sentences, paragraphs or a novel literary
work to be written or musical work recorded
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Copyrights
Author: is a person who creates the work and owns it
Employer: Have the ownership on a work produced by an
author under a contract of service or apprenticeship
A person who commissions another to take a photo, draw a
painting will be the owner
Musical work: composer is the owner
Film and sound recording: producer is the author
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Copyrights
Territorial limitations
A copyright arises in the following cases:
i.
ii.
The work is first published outside India, but the author is a citizen of
India
iii. In case of unpublished work, the author is, at the date of making work,
a citizen of India or domiciled in India
iv. In case of an architectural work of art, the work is located in India
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Copyrights
Rights of Owner
The Act lists certain activities which cannot be
done in relation to copyrighted work:
i.
ii.
To publish work
v.
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Copyrights
Rights of Owner
The Act grants exclusive rights to the owner of a copyright
in a cinematograph film:
i.
ii.
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Copyrights
Activities which are not Copyright Violations
i.
ii.
v.
vi.
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Copyrights
Activities which are not Copyright Violations
vii. Making upto three copies of book for a public library, if such book is
not available for sale in India
viii. Reproduction or publication of any matter published in official
gazettes, Acts enacted by the Parliament or State Legislatures
ix.
x.
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Copyrights
Duration of Copyright Protection
For photographs and films: for a period of sixty years from the date its
publications
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Copyrights
Broadcast Reproduction Rights
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Copyrights
Registration of Copyrights
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Copyrights
Registration of Copyrights
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Copyrights
Copyright Infringement
i.
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Copyrights
Copyright Infringement
The court can stop the infringer and award gains made by
the infringer + damages
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Natural Worlds
Festival Elephant
Fryetts Hathi
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Trade Marks
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Trademarks
A Trademark is any sign which can distinguish the
goods of one trader from those of another
Sign includes, words, logos, pictures, or a
combination of these.
SONY
OLYMPUS
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Trademarks
To register a trade mark, the mark must be: Distinctive, and, not deceptive, or contrary to law or
morality, and, not identical or similar to any earlier
marks for the same or similar goods
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Selecting a Trademark
1. A word, letter or any combination thereof and simple in
design
2. If it is a word it should be easy to speak, spell and
remember
3. The ideal word for a trade mark is an invented or coined
word
4. Words which are laudatory or which directly describes the
character or quality of the goods should not be adopted
.
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Registration of a Trademark
Not possible to register a mark which is confusing with a
trade mark of another trader or a trade mark which
describes the character or quality of the goods.
The mark should not conflict with a trade mark already
registered or pending registration in respect of similar
goods.
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Trademarks
The Indian law of trademarks is protected by
the Trade & Merchandise Marks Act, 1958.
The Trade Mark Act, 1999 has been enacted in
India to bring it in conformity with the TRIPs
Agreement
Indian Trademarks Act, 1999, came into force
on September 15, 2003
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Trademarks
India has made a step towards fulfilling its international
obligations.
Indian trademark law has now become fully compatible with the
International standards laid down in the TRIPs Agreement.
The New Act primarily consolidates and amends the old Trade
& Merchandise Marks Act, 1958 and provides for better
protection of goods and services
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Trademarks
A merchant who affixed a mark on his
goods obtained a property right in the mark
which he so fixed and the property thus
acquired like all other property, was under the
protection of law and for the invasion of the
right of the owner of such property
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Trademarks
A trader acquired a right of property in a
distinctive mark merely by using it upon or in
connection with his goods, irrespective of the
length of such user and of the extent of his trade
and that such right of property would be protected
by an injunction restraining any other person from
using the mark
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The Court ruled that the perfume, called Timmy Holedigger, could not
under any circumstance be confused with Tommy Hilfiger cologne, nor
could it be seen as a competing product trading on the designer's good
will.
Besides, Nature Labs LLC, sells numerous other parody fragrances for
pets, including Pucci (Gucci), Bono Sports (Ralph Lauren's Polo Sports)
and Miss Claybone (Liz Claiborne).
The Court observed that the other trademark holders have accepted the
parody and not challenged Nature Lab's Trademarks.
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Gillette
Manufacturers of male and female
grooming products, writing instruments
and correction products, tooth brushes, oral
care appliances, and alkaline batteries.
Products include blades, razors, shaving
preparations and hair epilating devices
among others
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Gillette
Internationally recognised brand names such as
BRAUN, PARKER PEN, WATERMAN, LIQUID
PAPER, ORAL B, DURACEL,...
Flagship Brand .. GILLETTE
Products protected and nurtured by Trademarks in
various parts of the world
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Gillette
Gillette Company Asset Values (US $ million)
Working Capital
Fixed/Other Assets
Intangible Assets
(est. 10% of TIC)
Intellectual Property
Total Invested Capital
(TIC)
Value ($
m)
Total (%)
2,850
5,131
5,854
4.9
8.8
10.0
44,700
76.3
58,535
100.0
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Geographical Indications
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Geographical Indications
TRIPS provisions- For reciprocal protection;
protection in the country of origin is must.
Result cases like Turmeric, Neem and Basmati.
India enacted the Geographical Indications of
Goods (Registration & Protection) Act, 1999 (with
effect from 15th September 2003).
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Geographical Indications
An indication used to identify agricultural, natural or
manufactured goods originating from a definite territory in
India.
It should have a special quality or characteristics or
reputation based upon the climatic or production
characteristics unique to the geographical location.
Examples: Darjeeling Tea, Kanchipuram Silk Saree,
Alphonso Mango, Nagpur Orange, Kolhapuri Chappal,
Bikaneri Bhujia, etc.
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Geographical Indications
Any association of persons, producers, organization
established by or under the law can apply representing &
protecting the interests of the producers.
The registration of a Geographical Indication is for a period
of ten years.
Renewal is possible for further periods of 10 years each.
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Geographical Indications
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Geographical Indications
a)
b)
c)
d)
e)
f)
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