Intellectual Property Rights .

A General Introduction

By-: Ankita Sharma (08EIIIT005) Shruti S.M (08EIIIT061) I.T- 8th semester

Contents
Introduction IP Rights Laws Patent Trademark Industrial Design Geographical Indication Copyright WIPO Conclusion

Introduction
Exclusive rights granted by the State for inventions,
new and original designs, trademarks, new plant varieties and artistic and literary works.
Basically intellectual property rights are designed to provide remedies against those who steal the fruits of another persons ideas or work. For example if a person writes a computer program, he will be able to take legal actions to obtain an injunction against anyone who copies the program without his permission.

Intellectual Property Rights

Patents Trade marks Geographical denominations

Industrial designs
Copyright

Introduction Contd
These rights are outlined in Article 27 of the Universal Declaration of Human Rights, which provides for the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary or artistic productions. The importance of intellectual property was first recognized in the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). Both treaties are administered by the World Intellectual Property Organization (WIPO).

INTELLECTUAL PROPERTY LAWS

Comprises of the following Laws:

Laws relating to Trade Marks / Brands (Trade Marks Act, 1999), Property Marks

Laws relating to Copyright (Copyright Act, 1957) Artistic Work, Literary Work, Audio Video Records and Software Laws relating to Industrial Designs (Designs Act, 2000)

Laws Contd..

Laws relating to Patents (The Patent Act, 1970) Laws relating to Geographical Indications. The geographical Indications of (Registration and Protection) Act, 1999 Laws relating to Internet, Web and Information Technology (Information Technology Act, 2000) Domain Names

Patent???
A patent is an exclusive right granted for an invention a product or process that provides a new way of doing something, or that offers a new technical solution to a problem.

Why are patents necessary? Patents provide incentives to individuals by recognizing their creativity and offering the possibility of material reward for their marketable inventions. These incentives encourage innovation, which in turn enhances the quality of human life.

ANATOMY OF A PATENT
Title, Inventors, Assignees, Date of filing, Date of Publication, Date of Grant, A, 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

Trademark

A trademark is a distinctive sign that identifies certain goods or services produced or provided by an individual or a company.

What do trademarks do?

It ensures that the owners of marks have the exclusive right to use them to identify goods or services, or to authorize others to use them in return for payment. Customer can recognize the product of particular trader. Trademark protection is legally enforced by courts that have the authority to stop trademark infringement.

Trade marks
Name Logotype

Symbol
Slogan Shape Color

PATENT

TRADE MARK

Validity of protection
Refers to Criteria

EU registration
Website Duration

when and where registered products processes applications novelty, level of inventiveness EU patent office Munich, Germany
www.epo.org

20 years, not renewable

when and where registered names, logo, shape, symbol, color, domain no confusion, generic name OHIM Alicante Spain http://oami.europ a.eu 6-10 years, renewable

An Industrial Design

An industrial design refers to the ornamental or aesthetic aspects of an article. A design may consist of three-dimensional features, such as the shape or surface of an article, or two-dimensional features, such as patterns, lines or color.

To be protected under national laws, an industrial design must be new or original and nonfunctional.

Contd
Why protect industrial designs?

An industrial design must be registered in order to be protected under industrial design law. To be registrable, the design must be new or original. Once a design is registered, a registration certificate is issued. The term of protection granted is generally five years. An industrial design may also be protected as a work of applied art under copyright law. In some countries, industrial design and copyright protection can exist concurrently. In other countries, they are mutually exclusive: once owners choose one kind of protection, they can no longer invoke the other.

Geographical Indication

A geographical indication is a sign used on goods that have a specific geographical origin.

It possess qualities or a reputation due to that place of origin.

A geographical indication consists of the name of the place of origin of the goods. It may be used for a wide variety of agricultural products, for example, Tuscany for olive oil produced in a specific area of Italy.

It may also highlight specific qualities of a product that are due to human factors found, such as specific manufacturing skills and traditions. Eg. products made in Switzerland specially watches.

Copyright

Copyright laws grant authors, artists and other creators protection for their literary and artistic creations, referred to as works. It protects the creator and their heirs and successors. They have exclusive right to use or authorize others to use the work on agreed terms. The economic rights relating to copyright are of limited duration beginning with the creation and fixation of the work, and lasting for not less than 50 years after the creators death. It includes moral rights, means the right to claim authorship of a work, and the right to oppose changes to the work that could harm the creators reputation.

DURATION OF PROTECTION
YEARS RENEWABLE

Patents Trade marks Designs Copyright

20 (6) 6-10 6-10 50 after death

No Yes Yes No

World Intellectual Property Organization

WIPO is an international organization established in 1970.

The rights of creators and owners of intellectual property are protected worldwide. Harmonize rules and practices for the protection of intellectual property rights. WIPO provides global registration system for Trademark, Industrial designs and Patents.

Contd
How is WIPO funded?

WIPO is a largely self-financed organization, generating more than 90 percent of its annual budget by widely used international registration and filing systems, as well as through its publications, arbitration and mediation services. The remaining funds come from contributions by Member States.

Conclusion
Protection of Intellectual Properties is a very critical element in the offshore business model. Many cases where companies have lost their position in the market due to the loss of intellectual property. Understanding the countrys IP Rights and following the best practices drastically reduce the risk of loosing the companys intellectual property. Commitment to protect the intellectual property of a company should be developed and nurtured at all levels of the organization

Industrial Property Rights

The right to prevent others from using manufacturing distributing products processes applications trade names geographical names ideas designs

In a nut shell

Patents product, process, applications Registration :difficult to prove novelty limited duration
Trade mark name, symbol, shape Registration : do not create confusion renewable IPR: only protection when registered (excl. copyrights)