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INTELLECTUAL PROPERTY RIGHTS

SUBMITTED BY:

ISHITA AGARWAL
2nd yr LLB.
INDEX

 INTELLECTUAL PROPERTY AND IT’S RIGHTS.


 NEED FOR IPR
 TYPES OF IPR
 PATENT
 TRADEMARK
 INDUSTRIAL DESIGN
 GEOGRAPHICAL INDICATION
 COPYRIGHT AND RELATED RIGHTS.
INTELLECTUAL PROPERTY AND IT’S RIGHTS
Intellectual property refers to creations of the mind: inventions; literary and artistic works;
and symbols, names and images used in commerce.
It is divided into 2 categories:
 Industrial Property: It includes patents for inventions, trademarks, industrial designs and
geographical indications.
 Copyrights: It covers literary works, films, music, artistic works and architectural design.

Intellectual Property Rights : These are like any other property right and allows creators, or
owners, of patents, trademarks or copyrighted works to benefit from their own work or
investment in a creation.
They are outlined in Article 27 of the Universal Declaration of Human Rights.
They were 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)
which are administered by the World Intellectual Property Organization (WIPO).
NEED FOR INTELLECTUAL PROPERTY RIGHTS

 Provides exclusive rights to the creators and promoters in different areas of technology and
culture.
 Spurs economic growth, creates new jobs and industries, and enhances the quality and enjoyment
of life.
 It can help all countries to realize intellectual property’s potential as a catalyst for economic
development and social and cultural well-being.
 It helps strike a balance between the interests of innovators and the public interest, providing an
environment in which creativity and invention can flourish, for the benefit of all.
 Rewards creativity and human endeavor, which fuel the progress of humankind.
 Instills confidence in consumers to buy the products without any fear of counterfeiting or piracy.
 Encourages the producers to make better and efficient products to the consumers i.e. enhances
productivity.
TYPES OF INTELLECTUAL PROPERTY RIGHTS

The four main types of intellectual property


rights are : Trademarks, Patent, Copyright,
Industrial Design.
But, there are also various other IP rights, for
instance, Trade Secrets, Geographical
Indications, etc.
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.
Conditions of patentability:
 Novelty- The invention shall display a new characteristic i.e. not part .of “prior art”
 Inventive Step: Not be deduced by a person with average knowledge of particular field.
 Must be accepted as “ patentable” under the law of the particular country.

Rights of a patent owner:


 A patent owner is granted exclusive rights on his invention for a period of 20 years.
 He can grant permission to use the innovation other parties on mutually agreed terms or by selling it on
consideration.
 He can enforce his rights in courts and hold the authority to stop patent infringement.
OFF- PATENT- After the expiry of 20 years, the invention enters the public domain and
the investor no longer holds exclusive rights to the invention.
PROCEDURE FOR FILING TO GRANT OF PATENT

Patent is granted by national patent offices or by regional


offices that carry out examination work for a group of
countries.
For Ex: the European Patent Office (EPO) and the African
Intellectual Property Organization (OAPI).
• Request for patent protection in 1 or more countries.

The WIPO-administered Patent Cooperation Treaty (PCT)


provides for the filing of a single international patent
application that has the same effect as national applications
filed in the designated countries
TRADEMARK
 A trademark is a distinctive sign that identifies certain goods or services produced or provided by an
individual or a company. The period of protection of trademark for a product varies, but can be renewed
indefinitely upon payment of the corresponding fees.
Categories:
 One or a combination of words, letters and numerals and may consist of drawings, symbols or three-
dimensional signs, such as the shape and packaging of goods.
 Collective marks: Owned by an association whose members use products to adhere to certain level of
quality and specific requirements set by the association.
Example: Accountants, Engineers or Architects.
 Certification marks: These are given for compliance with defined standards but are not confined to any
membership.
Example: “ISO 9000”, Eco Labels- for products with reduced environmental impact.
TRADEMARK INFRINGEMENT
INDUSTRIAL DESIGN

 Industrial Design refers to an ornamental and aesthetic aspect of an article. it can consist of 2-
dimensional and 3-dimenasional features.
 Application: Wide Variety of industrial products and handicrafts: from technical and medical
instruments to watches, jewellery and other luxury items.
 The protection is generally granted for 5 years and maximum 15 years, but under copyright
law, with a much longer term of protection than the standard 10 or 15 years under registered
design law.

CONDITIONS: EXAMPLE:
INDUSTRIAL DESIGN REGISTRATION

 The Hague Agreement Concerning the International Registration of Industrial Designs, a


WIPO administered treaty, offers a procedure for international registration of designs.
Applicants can file a single international application either with WIPO or the national or
regional office of a country party to the treaty. The design will then be protected in as
many member countries of the treaty as the applicant designates.

Why Protect Industrial design?

• Imparts value to product.


• Generates Profit.
• Promotes Healthy Competition.
• Economic Development.
GEOGRAPHICAL INDICATION
Geographical indication is a sign used on goods that have a specific
geographical origin and possess qualities or a reputation due to that place
of origin.

It consists of the name of the place of origin of the goods and is a matter
of national law and consumer perception.
Ex: “Switzerland” or “Swiss”, perceived as a geographical indication in
many countries for products made in Switzerland and, in particular, for
watches.

APPELLATION OF ORIGIN?
It is a special kind of geographical indication used on products that have a
specific quality exclusively or essentially due to the geographical
environment in which the products are produced.

Ex: “Bordeaux” for wine produced in the Bordeaux region of France,


“Prosciutto di Parma” – or Parma ham – for ham produced in the Parma
province of Italy
 If the name of a place is used to designate a particular type of product, rather than to indicate its place of origin,
the term no longer functions as a geographical indication and is termed as “generic” geographical indication.
Ex: “Dijon mustard” - originated in the French town of Dijon but ,over time, has come to denote mustard of that
kind made in many places.

DIFFERENCE BETWEEN GEOGRAPHICAL INDICATION


AND TRADEMARK
COPYRIGHT AND RELATED RIGHTS

Copyright laws grant authors, artists and other creators protection for their
literary and artistic creations, generally referred to as “works”. The rights
lasts for not less than 50 years after the creator’s death. National laws may
establish longer terms of protection

“Related rights” or rights related to copyright that encompass rights similar


or identical to those of copyright, although sometimes more limited and of
shorter duration.
Beneficiaries: Producers or phonograms, performers, broadcasting
organization in radio and television programs.
These rights lasts for shorter terms i.e. normally 50 years after the
performance, recording or broadcast has taken place.
TECHNOLOGY ADVANCEMENT AND WIPO INVOLVEMENT
The copyright and related rights has expanded enormously along with spectacular progress of technological
development that has, in turn, yielded new ways of disseminating creations by such forms of communication as
satellite broadcasting, compact discs and DVDs.

WIPO is fully involved in the ongoing international debate to shape new standards for copyright protection in
cyberspace. In that regard, the Organization administers the WIPO Copyright Treaty (WCT) and the WIPO
Performances and Phonograms Treaty (WPPT), known as the “Internet Treaties”. These treaties clarify
international norms aimed at preventing unauthorized access to and use of creative works on the Internet.
THANK YOU.