JAI NARAIN VYAS UNIVERSITY ,

JODHPUR

Seminar on
IPR

SUBMITTED BY:
SUBMITTED TO: SYOPAT KUMAR CHOUHAN
M.Sc sem IV
Dr. KHETA RAM
Content:
Introduction
Definition
History
Objective
Type:
Copyright
Patent
Trademark
Industrial designs
Geographical indication
  Definition
IPR are the rights given to persons over the creations
of their minds. They usually give the creator an exclusive
right over the use of his/ her creation for a certain period
of time.
 It begin in 500 BCE when sybaris, a
Greek state , made it possible for
citizens to obtain a one year patent for
" any new refinement in luxury" .
 Statute of monopolies: this British
law was established in 1623. at the
time all major industries were
controlled by guilds.
 The guild's were responsible for
bringing all new innovations to the
market place, essentially giving them
ownership.
 The statute of monopolies changed that by
allowing the author or inventor to retain their
ownership Rights.
 Monopolies, in the form of govt. Sanctioned
guild's, were no longer granted.
 Other significant legislation came in 1710 with
the statue of Anne. This law similarly provided
a 14 year term of protection.
 In 1883, the Paris convention came into being.it
was an international agreement through which
inventor could protect their innovations even if
they were being used in other countries.
 In 1886, writers came together for the Berne
convention which led to protection on an
international level for all forms of written
expression.
 Berne convention eventually combined to become
the united international bureaux for the
protection of IP, the precursor of today's World
Intellectual property organisation, which is an
office of the united nations.
  The union govt approved the new India's first
national IPR policy 2016 on May 13, 2016.
 Through this policy the government aims to
promote, increase awareness about and enforce
IP in India .
7 objective of India's new IPR policy are:
 To create public awareness about the benefits of
IP among all sections of society.
 To stimulate the creation and growth of IP by
undertaking relevant measures.
 To have strong and effective laws with regard to IP
right, consistent with international obligations.
 To modernize and strengthen IP administration.
 To catalyze commercialization of IP rights.
 To strengthen the enforcement and adjudicatory
mechanisms for combating IP violations and to promote
awareness and respect for IP rights.
 Capacity development by strengthening and expanding
human resources, institution for training, Research and
skill building in IP.
 Copyright
 Patent
 Trademarks
 Industrial designs
 Geographical indication
 Copyright is a legal right created by the law of a
country that grants the creator of an original work
exclusive right for its use and distribution.
 This is a only for a limited time.
 A major limitation on copy right is that copyright
protects only the original expression of ideas and
not the underlying ideas themselves.
 First real Copyright law, in 1709 the British statute
of Anne gave the publishers rights for a fixed
period after which the copyright expired.
Advantages:
 No official registration required comes into effect
immediately.
 No cost to making something as copy right.
Disadvantages:
 Does not protect ideas, only the way in which the
idea us expressed to be effective it must be
enforced.
 Involve legal costs and providing infringement.
 A patent is a form of right granted by the
government to an inventor, giving the owner the
right to exclude others from making, using,
selling, offering to sell, and importing an
invention for a limited period of time, in
exchange for the public disclosure of the
invention.
 A patent may include many claims, each of which
defines a specific property rights.
 The first statutory patent system is generally
regarded to be the Venetian patent statute of
1450.
 Patent were systematically granted in Venice as
of 1450.
Advantages:
 A patent gives the legal right to stop
others using your invention.
Disadvantages:
 Takes time and money to establish a
patent.
 A trademark is a recognizable sign, deign, or
expression which identifies products
 The trademark owner can be an individual,
business organization, or any legal entity.
 A trademark may be located on a package itself.
 A trademark generally refers to a " brand" or "
logo" .
Advantages:
 Legally prevents others taking
advantage of customer good will
generated by your business by trading
under your name.
Disadvantages:
 Having a registered trade mark dies
not entitle you to the related internet
domain names.
 An Industrial design right protect the visual design of objects that
are not purely utilitarian.
 An Industrial design can be a 2 D or 3 D pattern used to produce a
product, industrial commodity or handicraft.
 Design rights started in the united kingdom in 1787 with the
designing and printing of Linen Act.
 India's design Act, 2000 was enacted to consolidate and amend
the law relating to protection of design and to comply with the
article 25 and 26 of TRIPS agreement.
Advantages :
 Can be combined with legal protection from copy
right and design rights protect genuine design
innovation for up to 25 year.
Disadvantages:
 Cannot be applied to design that concern how a
product works or which are not visible in normal
use ascetics only easily subverted by slight
amendments to the basic design.
 A geographical indication is a name or sign
used on product which corresponds to a
specific geographical location or origin
 The use of a geographical indication may act
as a certification that the protect possesses
certain qualities, is made according to
traditional methods.