Module 1 IP Law Fall 2024 PDF

Welcome to Intellectual Property! Just a minute… https://youtu.be/6-_tIPShu wQ Idea = IP? Is it true that an Idea is IP? It happens in all kinds of works. How about this? And this?  A work or invention Originates from an idea What is Intangible property IP?...

Welcome to Intellectual Property! Just a minute… https://youtu.be/6-_tIPShu wQ Idea = IP? Is it true that an Idea is IP? It happens in all kinds of works. How about this? And this?  A work or invention Originates from an idea What is Intangible property IP? Mind’s creation (As per WIPO) Limited monopoly Where did it all start? 500 BCE – colony of Sybaris – year monopolies – culinary arts 14th Century Venice – Silk-Making Records of English monarchy granting exclusivity over certain works or acts Statute of Monopolies (1624) Statute of Anne (1710)  Discussions/ Videos/ Current Affairs/ Lectures Please raise your hand anytime Lecture Wednesdays and Thursdays 5 to 7 PM Guidelines at the FOB. Prior notice required. Just email me at [email protected] No cell phones in class. Laptops would be used only as required. General Class Policies Diversity and Inclusion Classroom – A Safe Space Internal Assessments - Pattern 2 Month-end Written Quizzes– 10 and 15 Marks, respectively One Mid-Term – 25 Marks  Internal Assessmen ts – Mid- The Mid-Term is designed to give you an idea Term on how to prepare for the end-term examination. Expectation Venue will be specified. s Students will be given 1 and half hour to attempt the questions. The expectations – conceptual correctness, coherence and cases.  Utilitarianism Labor Theory Why should IP exist? Personality Theory Social Planning theory  Utilitarian theory- John Stuart Mill Argument Criticism Incentive based theory Does not promote but Granting limited rights of hinders innovation ownership is a must – An E.g. – System of middlemen inspiration from ‘Tragedy as we have today – Author of Commons’ and Owner are different Social utility (Producer and Writer E.g. Piracy can be curbed example) with this perspective  Personality Theory – Kant and Hegel Arguments Criticism Extension of author’s Not necessary that the person personality puts all his/her personality in every work Obtaining a measure of Works of science? freedom through control over our own tangible or Copying also involves infusion intangible property of personality. Modern manifestation – Moral rights  Labor Theory - Locke Argument Criticism Sweat of the brow doctrine A person who puts in his/her Labor is no guarantee for labor into a work must get the innovation or originality fruits of it When an individual labours on Can property rights invest an unowned object, her labour becomes infused in the object in a product of labor? and for the most part, the Copying is also labor labour and the object cannot be separated. A Little Something… https://www.youtube.com/watch?v=-OhyBJxg9RA  Before we move on… (Late) Aaron Swartz  Information is not property Information is non- rivalrous Information wants to be free General Free speech – the ultimate challenger of IP Criticisms Social Nature of Information and its to IP circulation Assumption – Information is homogenous.  F O R MS O F I P Trade Patents Copyright Marks  OTHER FORMS OF IP Geographical Semi- Designs Plant Varieties Indications Conductors Traditional Personality Trade Secrets Knowledge Rights How does IPR apply globally? Current Framework Agreement on Trade Related Aspects of Intellectual Property (TRIPS) Minimum standards regime – Every country needs to provide TRIPS + Overarching treaty covering all types of IP – provides guidelines to make laws on IP Article 2 – Legitimises the provisions of Paris and Berne Convention – incorporated by reference Most Favoured Nation and National Treatment The DOHA Declaration on Public Health Test of ‘Consumers in a hurry’ Internationally… Most – Favoured Nation National Treatment Most-favoured Nation Treatment – A misnomer Under the WTO agreements, countries cannot normally discriminate between their trading partners. Grant someone a special favour (such as a lower customs duty rate for one of their products) and you have to do the same for all other WTO members. It suggests special treatment, but in the international Trade Context it actually means non-discrimination — treating virtually everyone equally. Applied in TRIPS – Article 4 National Treatment Imported and locally-produced goods should be treated equally — at least after the foreign goods have entered the market. The same should apply to foreign and domestic services, and to foreign and local trademarks, copyrights and patents. Applied in TRIPS – Article 3 Principle of Territoriality IP rights are territorial in Nature They can be protected only in the country where they have been registered. However, the conventions and the international regime have tried to bypass that principle Example – Patent Cooperation Treaty – International Patent Application Subafilms v MGM-Pathe Communications Berne Convention- Literary and Artistic Works One of the first – 1886 Based on three basic principles Sets Minimum Standards Allows free uses (an equivalent to fair use doctrine) India – part of Berne Union (1928) US – 1989 Administered by WIPO  Three Basic Principles of Berne Convention National Treatment - Works originating in one of the Contracting States (that is, works the author of which is a national of such a State or works first published in such a State) must be given the same protection in each of the other Contracting States as the latter grants to the works of its own nationals Automatic Protection - Protection must not be conditional upon compliance with any formality Independence of protection: Protection is independent of the existence of protection in the country of origin of the work Paris Convention - Industrial Property Part of Initial International Instruments of IP - 1883 Patents, Industrial Designs, Utility Models, service marks, trade names and geographical indications India- joined in 1998 USA – 1887 Administered by WIPO  Universal Copyright Convention (UCC) Signed in Geneva, Switzerland – 1952 Key reason – USA, Russia, large parts of Asia and South America missing from the Berne Convention Trying to bring in a Berne- like system to formalize that regime for non-Berne members Initiated by the USA after World War II Became obsolete after all the above countries joined Berne  Any Questions? Thank You!