Intellectual Property Rights (IPR) PDF

Unit-6 INTELLECTUAL PROPERTY RIGHTS (IPR) WHAT IS AN IPR? Intellectual Property Rights are legal rights, which result from intellectual activity in industrial, scientific, literary & artistic fields. These rights Safeguard creators and other producers of intellectual goods & servic...

Unit-6 INTELLECTUAL PROPERTY RIGHTS (IPR) WHAT IS AN IPR? Intellectual Property Rights are legal rights, which result from intellectual activity in industrial, scientific, literary & artistic fields. These rights Safeguard creators and other producers of intellectual goods & services by granting them certain time-limited rights to control their use. Protected IP rights like other property can be a matter of trade, which can be owned, sold or bought. These are intangible and non exhausted consumption. TYPES/TOOLS of IPRs: a. Patents. b. Trademarks. c. Copyrights and related rights. d. Geographical Indications. e. Industrial Designs. f. Layout Design for Integrated Circuits. a. Patent A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem. It provides protection for the invention to the owner of the patent. The protection is granted for a limited period, i.e 20 years. Patent protection means that the invention cannot be commercially made, used, distributed or sold without the patent owner's consent. A patent owner has the right to decide who may - or may not - use the patented invention for the period in which the invention is protected. The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms. The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent. Once a patent expires, the protection ends, and an invention enters the public domain, that the owner no longer holds exclusive rights to the invention, which becomes available to commercial exploitation by others. b. Trademarks A trademark is a distinctive sign that identifies certain goods or services as those produced or provided by a specific person or enterprise. It may be one or a combination of words, letters, and numerals. They may consist of drawings, symbols, three- dimensional signs such as the shape and packaging of goods, audible signs such as music or vocal sounds, fragrances, or colours used as distinguishing features. It provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. It helps consumers identify and purchase a product or service because its nature and quality, indicated by its unique trademark, meets their needs. Registration of trademark is prima facie proof of its ownership giving statutory right to the proprietor. Trademark rights may be held in perpetuity. The initial term of registration is for 10 years; thereafter it may be renewed from time to time. c. Copyrights and related rights: Copyright is a legal term describing rights given to creators for their literary and artistic works. The kinds of works covered by copyright include: literary works such as novels, poems, plays, reference works, newspapers and computer programs; databases; films, musical compositions, and choreography; artistic works such as paintings, drawings, photographs and sculpture; architecture; and advertisements, maps and technical drawings. Copyright subsists in a work by virtue of creation; hence it’s not mandatory to register. However, registering a copyright provides evidence that copyright subsists in the work & creator is the owner of the work. Creators often sell the rights to their works to individuals or companies best able to market the works in return for payment. These payments are often made dependent on the actual use of the work, and are then referred to as royalties. These economic rights have a time limit, (other than photographs) is for life of author plus sixty years after creator’s death. d. Geographical Indications (GI): GI are signs used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that place of origin. Agricultural products typically have qualities that derive from their place of production and are influenced by specific local factors, such as climate and soil. They may also highlight specific qualities of a product, which are due to human factors that can be found in the place of origin of the products, such as specific manufacturing skills and traditions. A geographical indication points to a specific place or region of production that determines the characteristic qualities of the product that originates therein. It is important that the product derives its qualities and reputation from that place. Place of origin may be a village or town, a region or a country. It is an exclusive right given to a particular community, hence the benefits of its registration are shared by the all members of the community. Recently the GIs of goods like Chanderi Sarees, Kullu Shawls, Wet Grinders etc have been registered. e. Industrial Designs: Industrial designs refer to creative activity, which result in the ornamental or formal appearance of a product, and design right refers to a novel or original design that is accorded to the proprietor of a validly registered design. Industrial designs are an element of intellectual property. Under the TRIPS Agreement, minimum standards of protection of industrial designs have been provided for. As a developing country, India has already amended its national legislation to provide for these minimal standards. The essential purpose of design law it to promote and protect the design element of industrial production. It is also intended to promote innovative activity in the field of industries. The existing legislation on industrial designs in India is contained in the New Designs Act, 2000 and this Act will serve its purpose well in the rapid changes in technology and international developments. India has also achieved a mature status in the field of industrial designs and in view of globalization of the economy, the present legislation is aligned with the changed technical and commercial scenario and made to conform to international trends in design administration. This replacement Act is also aimed to enact a more detailed classification of design to conform to the international system and to take care of the proliferation of design related activities in various fields. f.Trade Secrets: It may be confidential business information that provides an enterprise a competitive edge may be considered a trade secret. Usually these are manufacturing or industrial secrets and commercial secrets. These include sales methods, distribution methods, consumer profiles, advertising strategies, lists of suppliers and clients, and manufacturing processes. Contrary to patents, trade secrets are protected without registration. A trade secret can be protected for an unlimited period of time but a substantial element of secrecy must exist, so that, except by the use of improper means, there would be difficulty in acquiring the information. Considering the vast availability of traditional knowledge in the country the protection under this will be very crucial in reaping benefits from such type of knowledge. The Trades secret, traditional knowledge are also interlinked / associated with the geographical indications. g.Layout Design for Integrated Circuits: Semiconductor Integrated Circuit means a product having transistors and other circuitry elements, which are inseparably formed on a semiconductor material or an insulating material or inside the semiconductor material and designed to perform an electronic circuitry function. The aim of the Semiconductor Integrated Circuits Layout-Design Act 2000 is to provide protection of Intellectual Property Right (IPR) in the area of Semiconductor Integrated Circuit Layout Designs and for matters connected therewith or incidental thereto. The main focus of SICLD Act is to provide for routes and mechanism for protection of IPR in Chip Layout Designs created and matters related to it. The SICLD Act empowers the registered proprietor of the layout-design an inherent right to use the layout-design, commercially exploit it and obtain relief in respect of any infringement. The initial term of registration is for 10 years; thereafter it may be renewed from time to time. Department of Information Technology Ministry of Communications and Information Technology is the administrative ministry looking after its registration and other matters. Plagiarism Plagiarism is the "wrongful appropriation" and "stealing and publication" of another author's "language, thoughts, ideas, or expressions" and the representation of them as one's own original work. Many people think of plagiarism as copying another’s work, or borrowing someone else’s original ideas. But terms like “copying” and “borrowing” can disguise the seriousness of the offense: According to the Merriam-Webster OnLine Dictionary, to “plagiarize” means 1) to steal and pass off (the ideas or words of another) as one's own 2) to use (another's production) without crediting the source 3) to commit literary theft 4) to present as new and original an idea or product derived from an existing source. In other words, plagiarism is an act of fraud. It involves both stealing someone else’s work and lying about it afterward. But can words and ideas really be stolen? Types of Plagiarism “The Ghost Writer” - The writer turns in another’s work, word-for-word, as his or her own. “The Photocopy” - The writer copies significant portions of text straight from a single source, without alteration. “The Potluck Paper” - copying from several different sources, tweaking the sentences to make them fit together while retaining most of the original phrasing. “The Labor of Laziness” – The writer takes the time to paraphrase most of the paper from other sources and make it all fit together, instead of spending the same effort on original work. “The Self-Stealer” - The writer “borrows” generously from his or her previous work, violating policies concerning the expectation of originality adopted by most academic institutions. Copyright laws exist to protect our intellectual property. They make it illegal to reproduce someone else’s expression of ideas or information without permission. This can include music, images, written words, video, and a variety of other media. As with any wrongdoing, the degree of intent (see below) and the nature of the offense determine its status. When plagiarism takes place in an academic setting, it is most often handled by the individual instructors and the academic institution involved. If, however, the plagiarism involves money, prizes, or job placement, it constitutes a crime punishable in court. Academic Punishments Most colleges and universities have zero tolerance for plagiarists. In fact, academic standards of intellectual honesty are often more demanding than governmental copyright laws. If you have plagiarized a paper whose copyright has run out, for example, you are less likely to be treated with any more leniency than if you had plagiarized copyrighted material. A plagiarized paper almost always results in failure for the assignment, frequently in failure for the course, and sometimes in expulsion. Works that are no longer protected by copyright, or never have been, are considered “public domain.” This means that you may freely borrow material from these works without fear of plagiarism, provided you make proper attributions. Giving credit to the original author by citing sources is the only way to use other people’s work without plagiarizing. But there are a number of other reasons to cite sources: Citations are extremely helpful to anyone who wants to find out more about your ideas and where they came from. Not all sources are good or right – your own ideas may often be more accurate or interesting than those of your sources. Proper citation will keep you from taking the rap for someone else’s bad ideas. Citing sources shows the amount of research you’ve done. Citing sources strengthens your work by lending outside support to your ideas. OVERVIEW OF LAWS RELATED TO INTELLECTUAL PROPERTY RIGHTS IN INDIA The Rules and Laws governing Intellectual Property Rights in India are as follows: 1. The Copyright Act, 1957, The Copyright Rules, 1958 and International Copyright Order, 1999 2. The Patents Act, 1970 The Patents Rules, 2003, The Intellectual Property Appellate Board (Patents Procedure) Rules, 2010 and The Patents (Appeals and Applications to  the Intellectual Property Appellate Board) Rules, 2011 3. The Trade Marks Act, 1999, The Trade Marks Rules, 2002, The Trade Marks (Applications and Appeals to the Intellectual Property Appellate Board) Rules, 2003 and The Intellectual Property Appellate Board (Procedure) Rules, 2003 4. The Geographical Indications of Goods (Registration and Protection) Act, 1999 and The Geographical Indications of Goods (Registration and Protection) Rules, 2002 5. The Designs Act, 2000 and The Designs Rules, 2001 6. The Semiconductors Integrated Circuits Layout-Design Act, 2000 and The Semiconductors Integrated Circuits Layout-Design Rules, 2001 7. The Protection of Plant varieties and Farmers’ Rights Act, 2001 and The Protection of Plant varieties and Farmers Rights’ Rules, 2003 8. The Biological Diversity Act, 2002 and The Biological Diversity Rules, 2004 9. Intellectual Property Rights (Imported Goods) Rule Copyright law in India The Copyright Act of 1957, The Copyright Rules, 1958 and the International Copyright Order, 1999 governs the copyright protection in India. It came into effect from January 1958. The Act has been amended in 1983, 1984, 1992, 1994 and 1999. Before the Act of 1957, copyright protection was governed by the Copyright Act of 1914 which was the extension of British Copyright Act, 1911. The Copyright Act, 1957 consists of 79 sections under 15 chapters while the Copyright Rules, 1958 consists of 28 rules under 9 chapters and 2 schedules. Meaning of copyright According to Section 14 of the Act, “copyright” means the exclusive right subject to the provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof, namely:- (a) in the case of a literary, dramatic or musical work, not being a computer programme, (i) to reproduce the work in any material form including the storing of it in any medium by electronic means; (ii) to issue copies of the work to the public not being copies already in circulation; (iii) to perform the work in public, or communicate it to the public; (iv) to make any cinematograph film or sound recording in respect of the work; (v) to make any translation of the work; (vi) to make any adaptation of the work; (vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-clauses (i) to (vi); (b) in the case of a computer programme,- (i) to do any of the acts specified in clause (a); (ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programme: Provided that such commercial rental does not apply in respect of computer programmes where the programme itself is not the essential object of the rental. (c) in the case of an artistic work,- (i) to reproduce the work in any material form including depiction in three dimensions of a two dimensional work or in two dimensions of a three dimensional work; (ii) to communicate the work to the public; (iii) to issue copies of the work to the public not being copies already in circulation; (iv) to include the work in any cinematograph film; (v) to make any adaptation of the work; (vi) to do in relation to an adaptation of the work any of the acts specified in relation to the work in sub-clauses (i) to (iv); Intellectual Property Rights (IPR) of Computer Software In India, the Intellectual Property Rights (IPR) of computer software is covered under the Copyright Law. Accordingly, the copyright of computer software is protected under the provisions of Indian Copyright Act 1957. Major changes to Indian Copyright Law were introduced in 1994 and came into effect from 10 May 1995. These changes or amendments made the Indian Copyright law one of the toughest in the world. The amendments to the Copyright Act introduced in June 1994 were, in themselves, a landmark in the India's copyright arena. For the first time in India, the Copyright Law clearly explained: The rights of a copyright holder Position on rentals of software The rights of the user to make backup copies Since most software is easy to duplicate, and the copy is usually as good as original, the Copyright Act was needed. Some of the key aspects of the law are: According to section 14 of this Act, it is illegal to make or distribute copies of  copyrighted software without proper or specific authorization. 25 The violator can be tried under both civil and the violator can be tried under both civil and criminal law. A civil and criminal action may be instituted for injunction, actual damages (including violator's profits) or statutory damages per infringement etc. Heavy punishment and fines for infringement of software copyright. Section 63 B stipulates a minimum jail term of 7 days, which can be extended up to 3 Years. Additional Information (6 th UNIT) Intellectual Property Rights Intellectual Property Rights: Intellectual property rights is a global issue. Intellectual property right can be defined as the right to the creation of one’s mind or intellect. The creations can be in many forms in terms of artistic or literary works, scientific inventions, designs, etc. IPR, once established, enables the individual to claim exclusive right to exploit his/ her creation commercially. Essentially, IPR ensures that others can not exploit somebody’s creation without his/her consent. Many forms of intellectual property have been identified. Most common ones are patents, trademarks, copyrights, industrial design and geographical indications. Why Intellectual Property Rights? Intellectual property rights are granted to the innovator as an incentive for creativity. Purpose and Advantages of IPR:- It is basically an incentive for the innovators. It promotes innovation because IPR makes it possible for the innovator to commercially exploit the innovation, even for a limited period of time. IPR helps many companies invest in research and innovation because once IPR is granted, the company finds it possible to recover the investment and make profits. Many IPR categories protect the long traditions and rich heritage associated with famous products and geographical territories such as Kanchipuram silk or Darjeeling Tea. International Agreements on IPR:- The world Trade organization’s Uruguay Round in 1994 adopted the Trade related Aspects of IRR, known as TRIPS. IRIPS was signed by member countries in Moroco in 1994. It requires member countries to give protection for IPR. Domains of IPR: Patents, Trade marks, Copy right, Industrial Design, Geographical Indicators. Patents: Patents are granted for original inventions or improvement of existing products. Patents are covered under the TRIPS agreement. They bestow the owner a right such as that others are not allowed to exploit the invention without permission or licence from the owner. The controller General of patents is the authority controlling the grant of patents. The head quarters of the patent office is in Kolkata. Branches are located in Mumbai, Chennai, and Delhi. The office of the patent Information system is in Nagpur. Trade Marks:- Another important part of IPR is Trade Mark. A trade mark is a verbal, visual, or combination symbol that distinctly identifies products or services provided by a person or a business entity. The trademark becomes an exclusive item only when it is registered with the concerned authority in the country. The trademark Sony instantly brings to mind a product from SONY Corporation. The functions of trade marks are to help consumers identify a product or service and the origin of manufacture , help the company to advertise the product using the trademark. In India, the registration of trademarks is governed by the Trade Marks Act,1999. Copy right : The concept of Copyright has been in existence for a long time and is essentially for the protection of artistic and literary works. In the early days, copyright covered only books. In the present times, copyright covers a wide range of articles, books, maps, dramatic works ,paintings, etc with the TRIPS agreement, copyright is automatically granted and no formal application and registration is required for getting copyright. The sign C indicates the presence of copyright protection, along with the name of the copyright holder. Industrial Design: Industrial design is defined as something that makes the product attractive and appeals to the aesthetic sense of the consumer. We have products such as furniture, consumer goods, and cars made by different manufacturers. Design is thus defined as features related to shape, colour,schemes, pattern, configuration, ornamentation etc. In India, designs can be registered with the Registrar of Industrial Design patent under the Designs Act 2000. Purpose: To illustrate the creativity of the individual making the design. To make an article attractive and gives aesthetic appeal. Geographical Indication:- GI is a recent addition to the IPR category. These products cover natural, agricultural, or manufactured goods that are known by their geographical territory of production. India has a rich heritage, which has been preserved in its geographically indicated products. In agriculture, Basmati rice, Nagpur orange, Darjeeling Tea, etc are famous all over the world. In textiles, Kanjeepuram silk, chanderi, pochampalli, and kota are famous names. There are many other products that go with their geographical names, such as, Kolhapuri Chappals, Mysore Sandal soaps, Solapur bedsheets, etc. In India, such goods are covered under the Geographical Indication of Goods (Registration and protection Act) 1999. There is a geographical indication register maintained at the patent office, Chennai. The geographical indication registration is given for a period of 10 years and is extendable by similar spans on re- registration. II Short Answer Questions 1. What are the essential elements of IPR? A:- i)Patents ii) Copyrights iii) Trademarks iv)Trade secrets. 2. What are the requirements of Patents? A:- a) Problem of invention b) Current report of the problems to address c) Solution or procedure to the problem.d) Extent of novelty or inventive e) Application or uses f) Details of the inventor g) Resources of funds. 3.What are the types of Patents? A:- a) Utility patents b) Design patents c) Plant patents. 3. What is the need for Protection to IPR? A:- a) Prevent plagiarism b) Prevent others using it. c) Prevent using it for financial gain. d) Fulfill as an obligation to funding agency e) Support income generation strategy. 4. What is the importance of IPR? A:- a)Give the inventors exclusive rights of dealing. b) Permit avoiding of competitors and raise entry barriers. c) Permit entry to a technical market. d) Generate steady income by issuing license. 5. What is a Trade secret? A:- A trade secret is a secret formula, pattern, or device that is used in a business and provides a commercial advantage.