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Engineers deal with highly technical concepts, designs and products, and the laws affecting an engineer’s
work can be as complex as the work itself.
Follow regulations.
Know which permits are necessary in which circumstances.
Protect their work.
Know the boundaries of liability.
Avoid lawsuits.
Negotiate contracts.
Know when to contact a lawyer.
Most of the activities turn into intellectual creation.
As students-
Eg- you develop new device, automobile-patent protection
Licensing your developed technology
Write a research paper- copyright protection
WHAT IS AN IPR?
INTELLECTUA
L PROPRTY
RIGHTS
INTELLECTUA
PROPERTY RIGHTS
L
RIGHTS
Any object of value that a person may lawfully acquire & hold , anything that may be owned .
Eg- stocks, land ,house
Property means the overall control over an object owned & possessed by a person
Property will always have an owner
Movable Property -
Movable property is one, which can be transferred from one place to another place with the
human efforts.
Immovable Property -
According to the General Clauses Act, 1897 "Immovable property includes land, benefits arising out of
land and things attached to the earth or permanently fastened or anything attached to the earth."
According to the Indian Registration Act, "immovable property includes land, building, hereditary
allowance, rights of way, lights, Ferries, Fisheries or any other benefit to arise out of land and things
attached to the earth or permanently fastened to anything attached to the earth but not standing
According to Salmond immovable property (i.e., land) has the following elements-
B) The ground beneath the surface down to the center of the earth
D) All objects which are on or under the surface in its natural state for example-minerals natural
vegetation, or stones lying loose upon the surface.
E) An object placed by human agency on or under the surface of the land with the intention of permanent an annexation
for example, House walls, Doors, Fences, etc.
Public property and private property -
Having regard ownership property is either public or private –
Public property-
Private property -
TANGIBLE/ INTANGIBLE/
PUBLIC PRIVATE
CORPOREAL INCORPOREA
PROPERTY PROPERTY
PROPERTY L PROPERTY
IMMOVABLE
COPYRIGHT
PROPERTY
PATENTS
TRADEMARK
intellectual
Intellectual refers to products that are result out of our human intellect
This intellect is the ability to think & understand ideas
An idea is a product of careful thinking
Provides the right holder with power to prevent from using the Ip
without the permission or license
Unauthorized use of patented technology is a infringement & can lead to
legal action
Protectable by law
Generally IPs are protected by a law – enforceable by law
There is a provision for protection of the IP, a specific provision against
their abuse
Remedies in cases of infringement
Eg Patents- Indian Patents Act,1970
The Indian Copyright Act,1957.
The Trademarks Act, 1999.
Intangible
Cannot be perceived by senses
To claim protection- need of description
This description is done through process of registration
Patent – registered through specification
Trademark – description of mark
Design- design specification
Copyright- requires no registration
Tenure based in nature
Depends upon the utility of work in the interest of the society
There will be a fixed tenure after which the Ip will fall into public domain
Duration based ownership
Eg – patents tenure-20 years
Copyright- author’s life + specific number of years (60 years in India)
Design – 15 years
Term of IPRS
Importance of IP Protection
INDUSTRIA
COPYRIGH
L
T
PROPERTY
COPYRIGHTS
Trade marks and service marks are distinctive symbols, signs, logos that
help the consumer to distinguish between competing goods or services
there is no requirement in law that trade mark has to meet any quality
standards. If quality is not maintained, customers will shift to another
brand.
A trade mark is required to be distinctive and not deceptive.
PATENTS
Designs enhance the visual appeal and add to the commercial value of
the product; they also facilitate the marketing and commercialization of
the product.
GROWTH OF IPR
first references to intellectual property protection dates from 500 B.C.E., when
chefs in the Greek colony of Sybaris were granted year-long monopolies for
creating particular culinary delight
Vitruvius (257–180 B.C.E.) is said to have revealed intellectual property theft
during a literary contest in Alexandria. While serving as judge in the contest,
Vitruvius exposed the false poets who were then tried, convicted, and
disgraced for stealing the words and phrases of others.
In the Greek city states, direct support by patronage began to be
supplemented by prizes for recitation in public as well as for the performances
which were paid.
In Greek society during the sixth and fifth century B.C. we can see the
emergence of the idea of creativity that subsequently would underpin
the wider ownership of knowledge.
In ROME ,Saint Columbia, who in the year 567 surreptitiously copied a
psalm book, is belonging to his, teacher, Finnian of Moville. When
Finnian objected, the dispute went before king Diarmed the King
concluded that both the original and copy belonged to Finnian saying,
“to every cow her calf, and accordingly every book its copy”.
the first time the legal and institutional form of intellectual property
rights established the ownership of knowledge and was explicitly utilized
to promote innovation.
Venice enacted its first patent statue in 1474.
This led to the formal growth of the IPR .
The Industrial revolution of 19 the Century gave impetus to invention
With no system of protection in action, the need for comprehensive
International agreement was felt
The first successful effort came in the form of the Paris Convention on Industrial
property 1883
It was followed by the Berne convention for the protection of Literary & Artistic
work 1886
n 1893, the Paris and Berne Conventions combined to become the United
International Bureaux for the Protection of Intellectual Property.
Together these form the Magna Carta of IPRS
International growth of IPRs
The UCC was drafted at the initiative of the then-Soviet Union (USSR)
who, along with some like-minded Central and South American states,
felt that the copyright term of the life of the author + 50 year, as set out
in the Berne Convention, was designed to advantage economically
strong countries
The main difference between the Berne Convention and the UCC: the
copyright term of the UCC is life of the author + 25 years.
Rome Convention, 1961
WTO is the successor organization to the General Agreement on Tariffs and Trade
(GATT).
In 1995 WTO was established, which replaced the GATT.
WTO intends to supervise and liberalize international trade and officially commenced on
1 January 1995.
It had 157 members (till 2012) of which 117 are developing countries.
The headquarters of WTO is at Geneva, Switzerland.
Its activities are supported by a secretariat of 700 staffs, led by the WTO Director
General
Functions of WTO
It Stands for General Agreement on Tariffs It Stands for World Trade Organization
and Trade
GATT was adhoc and provisional WTO is permanent
GATT system allows existing domestic, WTO does not permit this.
legislation to continue even if it violated
GATT agreement.
GATT was less powerful and dispute WTO is more powerful and dispute
settlement mechanism was less efficient. settlement mechanism was more efficient
TRIPS & WIPO
TRIPS (TRADE-RELATED ASPECTS OF INTELLECTUAL
PROPERTY RIGHTS AGREEMENT)
Minimum standards
the Agreement sets out the minimum standards of protection to be provided by each Member.
Each of the main elements of protection is defined, namely the subject-matter to be protected,
the rights to be conferred and permissible exceptions to those rights, and the minimum duration
of protection.
the substantive obligations of the main conventions of the WIPO, the Paris Convention for the
Protection of Industrial Property (Paris Convention) and the Berne Convention for the Protection of
Literary and Artistic Works (Berne Convention)
Enforcement
The second main set of provisions deals with domestic procedures and remedies for the
enforcement of intellectual property rights. The Agreement lays down certain general principles
applicable to all IPR enforcement procedures.
Dispute settlement Procedure
The Agreement makes disputes between WTO Members about the respect of the TRIPS obligations
subject to the WTO's dispute settlement procedures.
The principle of national treatment & most favored nation is adopted under the
agreement
The term IP refers to the intellectual property covered under sec1 to sec7 of the Part II of
the TRIPs
Sec1 Copyrights & Related Rights(Art 9 to 14)
Sec2 Trademarks ( Article 15-21)
Sec 3 Geographical Indication ( Article 22-24)
Sec 4 Industrial Design(Article 25-26)
Sec5 Patents ( Art 27-34)
Sec6 Layout designs of Integrated circuits( Article 35-38)
Sec 7 Protection of undisclosed information(Art39)
Sec8 Anti-competitive practice ( Article 40)
WIPO