Basics of IPRs
Dr. D.P.Verma Asstt.Professor Law H.P.University Regional Centre Dharamshala (H.P.) [email protected]
Property Defined
Legally property is defined as what can be owned, enjoyed and disposed off as a matter of right.
Simple classification
Tangible ( having corpus) Non Tangible ( without physical existence) In both the case the owner has exclusive right to determine how it is used.
What is intellectual property?
Intellectual properties are intangible products of the mind. These include:
inventions (devices, compositions, plants, designs) publications videotapes computer programs works of art.
INTELLECTUAL PROPERTY
Intellectual property is the product or creation of the mind. It is different from other properties in term that it is intangible. Hence it needs some different way for its protection. INTELLECTUAL PROPERTY RIGHTS IPR is the body of law developed to protect the creative people who have disclosed their invention for the benefit of mankind. This protects their invention from being coped or imitated without their consent.
Different use of Industrial Property and Intellectual Property
Only Copyrights and related rights were considered as Intellectual Property. All other forms of property were considered as Industrial Property e.g. Patents, Trademarks and designs etc.
WHY IS I.P. IMPORTANT?
protects important assets from theft, exploitation or abuse identifies contributions by the Company or inventor to the field secures monetary compensation for the Company (and sometimes the inventor) Sometimes all a company has to leverage is its IP
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Evolution of IPRs
Post World Wars Development
Brettonwood Institutions
*International Monetary Fund
*International Bank for reconstruction and development (IBRD) *International Trade Organisation (ITO)
IMF Retained IBRD Converted into World Bank ITO Converted into GATT
General Agreement on Tariffs and Trade (GATT) was formed in 1948
with 23 founder member countries. India one of the Founder member.
The prime objective was to stimulate trade and regularise the tariffs across borders
The GATT Rounds of Negotiations
Year 1947 Place Geneva Subject Tariffs Countries 23
1949
1951 1956
Annecy
Torquay Geneva
Tariffs
Tariffs Tariffs
13
38 26 26
1960-1961 Geneva Tariffs Dillon Round
Year
Place
Subject
Countries
1964-1967 Geneva Tariffs and 62 (Kennedy Round) (anti-dumping measures)
1973-1979 Geneva Tariffs, non-tariff 102
framework
1986-1994 Geneva
( Uruguay Round)
123
Uruguay Round
Tariffs, non-tariff measures, Rules, General Agreement on Trade in Services (GATS) Trade Related Intellectual Property Rights (TRIPs), Dispute Settlement , Trade Related Investment Measures (TRIMs) Textiles, Agriculture, Creation of WTO, etc
TRIPS Agreement
The most detailed and comprehensive multilateral agreement on intellectual property yet negotiated.
TRIPS introduced intellectual property rules into the multilateral trading system for the first time. Membership in WTO requires a country to agree to adopt the minimum standards for intellectual property regulation. IP laws are established and enforced by each individual Member Country.
TRIPS Agreement
STRATEGIC ELEMENTS
PROTECTION OFFERED BY EACH ONE OF THE TOOLS
PERIOD OF VALIDITY GEOGRAPHICAL LIMITS ENFORCEMENT FEATURES
LICENSING ISSUES, BENEFIT SHARING
OTHER LEGAL IMPLICATIONS
TRIPS Agreement
TRIPS Agreement lays down norms and standards for seven types of intellectual property, viz Copyright and related rights Trademarks Geographical indications Industrial Design Patents Undisclosed information Lay out design of integrated
WIPO
WIPO is one of the specialized agencies of the United Nations. WIPO was created in 1967 with the stated purpose of encouraging creative activity and promoting the protection of Intellectual Property throughout the world.
Basic Facts about WIPO
WIPOs Mission:
To promote the protection of IP rights worldwide and extend the benefits of the international IP system to all member States
Compliance of TRIPS in India
The Patents Act, 1970 (as amended in 2005) The Designs Act, 2000 The Trade Marks Act 1999 The Geographical Indications of Goods (Registration & Protection) Act, 1999 The Copyrights Act 1957 (amended in 1999) Protection of Plant Variety Act 2001 Biodiversity Act 2002.
CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS
(CGPDTM)
PATENT OFFICE IPTI ,NIIPM, P.I.S. Nagpur T M REGISTRY G.I. REGISTRY
Head Office KOLKATA
DESIGN OFFICE
Head Office MUMBAI
CHENNAI
Branch DELHI
Branch CHENNAI
DELHI KOLKATA KOLKATA
Branch MUMBAI
CHENNAI
ABAD
Thank you
