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INTRODUCTION
Management of IPR involves innovation and IPR capability development with the creation and implementation of
Management of Intellectual Property Rights (IPRs) has a great significance in the present day due to:
Explosive technological growth and developments. With the advent of new scientific inventions and innovation Global competition High innovation risks High investments in research and development (R&D), production and marketing
Rights give rise to monopolies or prevent the unfair use by others. Rights not necessary mutually exclusive, two or more of the rights can co-exists in relation to a certain work Co-existence of rights do give rise to progressive protection, one right lapses while another continues. Law deters others from copying or taking unfair advantage of the work or reputation of the other and provides remedies should that happen
Trade Secret
Geographical indications
PATENT
In return for the rights granted, the person or legal entity must
PATENT
Types of Patent
Utility Patents - Machine, Process, Composition of matter Design Patent - Ornamental design Plant Patent - distinct and new variety of asexually reproduced plant.
Novelty - New Unobviousness to those ordinary skill in the arts Usefulness function wise
Patentability
COPYRIGHT
Right which subsists in various works, such as literacy, dramatic, musical and artistic works as well as sound recordings, films, and broadcasts. The author is the person who creates it and he (or his employer) is normally the first owner of the copyright, which last until 50* years after the death of the author. Only protect the form of expression not the idea.
Copyright does not create a monopoly others free to create similar or even identical works as long as they do so independently and by their own efforts. Some permitted acts of copying for research, private study, criticism or review
TRADE MARKS
These are the Identification marks that distinguishes one product or service from another. Associate with business image, goodwill and reputation, such as Apple computer, Microsoft
Public rely on these marks to indicate quality, value for money or origin of goods or services.
Registered in respect of certain classes of goods or services. Once registered, trade mark lasts as long as the owner continues to renew the registration. Trade mark not used for five or more years can be revoked.
TRADE SECRETS
(eg Cola Cola formula) Design, Business Strategy, Customer Contacts Device, Apparatus, Machinery, etc Process flow, Research data
GEOGRAPHICAL INDICATIONS
GI are indications which identifies a good as originating in the teritory when a given quality, reputation or essential characteristics of the good is essentially attributable to its geographical origin. ExampleRice-Basmati, Nellore orange- nagpur orange Animals Ganjam goat, chilika Buffalo
IPR MANAGEMENT
Management of IP require a customized Internal System Plan based on the following framework.
CONTD. A database is created based the facts and events happening in the process of creation and management of IPR.
Such created database, when further processed, becomes information. Regular updating of IPR-IS (Intellectual Property Rights Information System) will ensure not only accurate, up-to-date, and valid information but also helps in taking accurate and prompt decisions.
ORGANISING
IP Committees for Research, Project Management, and Audit
Organising of Information Systems such as Decision Support System, Expert System, and Artificial Intelligence. Technology options, Strategic options Technical Assistance Team or Tie-ups with Expert group.
CONTROLLING IP
Maintenance of IP
Protection of IP
Development of IP Audit
The goal of an IP audit is to identify all the IP rights owned or used by a corporation and consider appropriate ways to protect it from any form of infringement.
CONCLUSION
It is a challenge to design and operate institutional innovation processes that would preserve intellectual excellence and at the same time amicably fit into a disciplined formal IPR management system. From the intuitional point of view, the major challenge is to develop and train techno legal manpower to manage critical issues in management of IPR. There is a need for awareness creation and awareness promotion, which can support entrepreneurs, inventors, and creators in not only creating the innovation but also protecting what they create and in making appropriate wealth out of what they create.
Government must think of setting-up required number of advisory body/council in order to render services regarding IPR information, protection, and further development Developing countries, particularly India, require more sophisticated technologies to be competitive in todays global economy. Increased intellectual property protection would boost bilateral trade and investment