A SEMINAR ON INTELLUCTUAL PROPERTY RIGHT

Akshat Goyal 08CE08

WHAT IS INTELLUCTUAL PROPERTY?

Intellectual property refers to creations of the mind: inventions; literary and artistic works; and symbols, names and images used in commerce. Intellectual property is divided into two categories: Industrial Property includes patents for inventions, trademarks, industrial designs and geographical indications. Copyright covers Literary works (such as novels, poems and plays), films, music, artistic works (e.g., drawings, paintings, photographs and sculptures) and architectural design.

WHERE IT STARTED??
These

rights are outlined in Article 27 of the Universal Declaration of Human Rights the Paris Convention for the Protection of Industrial Property(1883) the Berne Convention for the Protection of Literary and Artistic Works (1886).

WHY IT IS IMPORTANT??
Originality

is provided It gives encouragement Consumers would have no means to confidently buy products or services without reliable, international trademark protection and enforcement mechanisms to discourage counterfeiting and piracy Public can gain knowledge

WIPO
Found in 1970 International Organization which works for the rights of the inventor and authors Global registration system for trademarks and patents Encourage member countries for making rules

WHAT IS PATENT?
A patent is an exclusive right granted for an invention Protection is granted for a limited period, generally 20 years. Invention cannot be commercially made, used, distributed or sold without the patent owners consent. For eg. Iphone is patented by Apple

HOW IS PATENT GRANTED??

First

step is to file an application It contains description of the invention The invention should show NOVELTY Patent is granted by the Patent office for example, the European Patent Office (EPO) and the African Intellectual Property Organization (OAPI). The WIPO-administered Patent Cooperation Treaty (PCT) provides for the filing of a single international patent application

TRADEMARK??
A trademark, is a distinctive sign, used by an business organization, to identify that the products with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities. For eg ISO, clothes brand etc The Bass Brewery's Red Triangle was the first trademark to be registered

WHAT IS INDUSTRIAL DESIGN??

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.

Industrial designs are applied to a wide variety of industrial products and handicrafts: from technical and medical instruments to watches, jewelry; and electrical appliances to vehicles and architectural structures; from textile designs to

GEOGRAPHICAL INDICATION

A geographical indication is a sign used on goods that have a specific geographical origin For eg. Kolhapuri Chappals, Bikaneri Bhujia

COPYRIGHT ACT
Works covered by copyright include : novels, poems, plays, reference works, newspapers, advertisements, computer programs, databases, films, musical compositions, choreography, paintings, drawings, photographs, sculpture, architecture, maps and technical drawings.

Yves Saint Laurent vs. Ralph Lauren

In 1970, the French designer Yves Saint Laurent (YSL) created and successfully marketed a long black sleeveless tuxedo-like evening dress, which the YSL fashion house reintroduced in their 1992 collection. Ralph Lauren was selling a similar version of the dress in their 1992 collection. YSL brought suit against Ralph Lauren under copyright infringement, design infringement and unfair competition. May 1994: The court in Paris decided in favor of YSL Court concluded that YSL owned the 1970 dress design under the law on Designs and Models and also considered the dress design an original copyrighted creation. YSL was awarded damages of FFr 2 million. [50% for copyright infringement and 50% for damages resulting from unfair competition.

VARIOUS TREATIES AND LAWS MADE FOR

ENFORCEMENT OF IPR

International treaties :

Paris Convention Berne Convention

EU copyright law 1991 India copyright act 1957 India Patent Act 1970 USA copyright Act of 1790,1831,1909,1976 USA Trademark law 1870 USA NET act 1997

Laws in diff. countries

PARIS CONVENTION
It was signed in 1883 Following feautres: No discrimination Right of priority(simultaneously patenting) Countries are independent to each other

THE PATENTS ACT 1970

What can be patented under it? Who can patent? Submit application with complete specification Examination of application Examiner shuold submit report to the controller within 18 months Advertisement is done and patent is sealed. Opened to public if not related to defence or etc. Within 4 months of advertisement opposition can be done

CONTD..
Date of Patent Throughout in India In case of unaothrized claim a fine or 2 years imprisonment or both under section(35) International treaties

USA NET ACT 1997

No electronic theft act For individuals who do not have a monetary benefit from the copyright infirngment It started due to a person David LaMacchia Penalties of 5 year imprisonment or $250,000 fine

CONCLUSION AND FUTURE SCOPE

We have to cope up with the new technology and digitization We conclude that these rights are very important for the personel as well as public interest

THANK YOU
QUERIES??