What is IPR? Intellectual Property Rights (IPR): legal rights which result from intellectual activity in the industrial, scientific, literary and artistic fieldsIntellectual Property (IP) Literary, artistic and scientific works, performances of performing artists, phonograms and broadcasts, inventions in all fields of human endeavour, scientific discoveries, industrial designs, trademarks, service marks and commercial names and = designations, G& protection against unfair competition. VE ner LWhy protect IP? * To give statutory expression to the moral and economic rights of creators in their creations and the rights of the public in access to those creations. * To promote creativity and the dissemination and application of its results and to encourage fair trading which would contribute to economic and social development. fu NPTELTypes of IPRs Patents Trade Marks Copyright Industrial Design Plant Variety Protection Trade Secrets Geographical Indications Layout of Semiconductor ChipsMeaning of ‘right’ in IPR * What is a ‘right’: “KA legal entitlement which is recognized and can be protected and the violation of which is deemed as ‘unlawful’ and leaves the right- holder with a remedy.Meaning of ‘right’ in IPR * Rights can be used in 2 ways: * as a liberty (gives the right-holder freedom to do certain acts) * as a licence (right to do something because someone has given you the consent)Meaning of ‘right’ in IPR * Certain rights manifest are inherent ina human being (Eg: human rights, right to vote, right to privacy), while certain rights manifest themselves outside human beings (Eg: rights in property) + Aright must be recognized by law. * Rights can be general i.e. claimed by every citizen (e.g. right to protection by the State) or exclusive i.e. the right-holder can stop others from doing certain acts without his consent (e.g. right to 9 property)Meaning of ‘right’ in IPR * IPR refers to rights which emanate from IP which are capable of being protected (Eg: copyright, patent). * Violation of IPR refers to ‘infringement’. * Patent law protects the right to use/make/sell/ import the invention.Meaning of ‘property’ in IPR * Property is a form of regulation * Property can be of 2 kinds: public and private * Public property is property which is held in common (also known as ‘the commons’), whereas, private property is owned by an individual.Meaning of ‘property’ in IPR * Real property (land) has physical boundaries & can be distinguished from the property of another * The owner of land & its boundaries can be ascertained from the property deed.Cn Meaning of ‘property’ in IPR + Real property (land) has physical boundaries & can be distinguished from the property of another + The owner of land & its boundaries can be ascertained from the property deed. x Transcript Search in video 752 759 8:07 8:13 8:21 8:27 Intellectual property because itis not readily discernible, because the rights do not manifest itself in time and space in a tangible on a ‘tangible form, we find it difficult to settle disputes on intellectual property rights. When it comes to patent that is why we have a requirement of every invention to be expressed in writing disclosed in great detail, differentiating itself with every other invention that went before it, which is close to it or proximate to it and then explaining the contribution made by the invention inventor, with regard to what has gone oO } qdCo hd Meaning of ‘property’ in IPR + Real property (land) has physical boundaries & can be distinguished from the property of another + The owner of land & its boundaries can be ascertained from the property deed. ® ——— x < Transcript Search in video 9:27. then we would look at the patent specification, ‘the document that encompasses it. Now you may 9:33 _be wondering; so, is it easy to get an intellectual property right | just need 9:37 to put everything in writing that is not the case. If you put everything in writing, 9:41 there is a scrutiny that is done by the patent office. In India it is done by the Indian patent ‘9:46 office and only when you pass the tests that the Indian patent office will subject your written 9:52 _ description to will you be granted a patent, which will give you a title and a protection 9:57 fora limited period of time, provided you keep it alive by paying the required fees. oO } qdMeaning of ‘intellectual’ in IPR ‘Intellectual’ refers to ‘products that come out of our intellect’ * Intellect is our ability to think and understand ideas An idea is a product of careful thinking® Meaning of ‘intellectual’ in IPR * Inventions are products of creative human labour. * Intellectual effort cannot be perceived by others. * Intellectual effort is special to the inventor and cannot be attributed to machines.Common Characteristics of IP * Protectable by law i.e. enforceable right * Intangible * Capable of being described and registered (copyright does not require compulsory registration).Common Characteristics of IP * Can be easily replicated * Requires intellectual effort for its creation. * Has commercial value * Economists view IP as ‘public goods’: * non-rivalrous * non-excludableDefinition of IPR Rights which protect application/ expression of ideas & information which are of commercial value Rights which protect products of human creative labour (E.g.: patents, copyright) Inclusive definition given by WIPO Patents protect technological inventions® Definition of IPR Copyrights protect creative works (e.g. literary & artistic works) Designs protect visually appealing works & not their functional aspect Trademarks protect works/symbols which act as source indicator of goods/services Geographical indicators (GI) protect source of goods Trade secrets protect secret information related to trade.Defining IPR Subject matter - Invention — Protected by Patent - Expression — Copyright - Aesthetic Design — Registered Design Registration (Government) Exclusive Set of Rights DurationRegistration Form by which IP is protected What the right holder has claimed Process by which IPR is recognised Backed by law Done by the GovernmentPatents Specification * Has to explain the entire invention in detail including: — Working of the invention — Features — Advantages — Variations — What went before the invention — Illustration — Clai ® aimsScrutiny by Patent Office Done in great detail First Examination Report Right holder is asked to justify his invention. Two types of Objections - Technical or Substantial E.g. of substantial objection: — Not patentable — Preceded in the art — Obvious for a person skilled in the art to doPatent Prosecution * Process of raising an objection over a patent * Different from other IP prosecution * There is a lot of analysis is involved ® wereCopyright Right to print, publish, perform or record the subject matter Expression of idea Forms of expression be captured in a medium Right to make copies Copyright regime requires the work to be recorded or copied to some mediumSet of exclusive rights Making copies implies a medium being there E.g. print is recorded on paper, films on tape IP rights first came up in the industrial revolution IP rights are commercially valuable Tied to an idea that can be shared, expressed or have an application out of it Industrial revolution was tied to ideas and dissemination of ideasKind of IPRs Copyright gives the creator the right to make more copies in different forms Trademark — using a symbol or word legally registered or established by use Patent — right to make, sell, use, offer for sale or import an invention@ were Duration Can be for a fixed term or renewed In trademarks a right that has not been renewed or used it cannot be enforced Right as long as right holder wants to keep it alive — Pay official fee — Needs to take action against people who are using it Trademark is an unlimited life IPTwo types of IP * Limited life IP - can go to public domain * Unlimited life IP - subject to renewal * Duration of patent 20 years from the date of Application — By virtue of TRIPS Agreement — A Patent is not technology specific — Originally the patent term was 14 years — It was an exclusive privilege ® ere* Copyright — Life of author + 60 years * If institution — from date of publication + 60 years * Trademarks — granted for 10 years can be renewed thereafter ® nereL® ere. Copyright Exclusive Right Conferred by the Government/upon creation Print, Publish, Perform, film, record etc. Duration: Life of Author + 60 years No separate registration needed for enforcementTrade Mark Exclusive Right Conferred by Government/Established by use Symbol, word, mark etc. Marks help to identify the company Duration: Unlimited; subject to renewalTrade Mark + Exclusive Right + Conferred by Government/Established by use + Symbol, word, mark ete. + Marks help to identify the company + Duration: Unlimited; subject to renewal ® _ 7 < Transcript xX Search in video 3:21 The company’s act has a noun for it, registering a domain name does not come under copyright 328 law. 3:29 Thereis a domain ah registration service, where you can go lke private link manages 3:34 ityou can get tas long as you keep renewing the name you can have it, 3:38 So, those things are itis not subject matter Of copy right, they maybe some industry arrangement 3:44 _they may be some other statutes like the companies act, by which you can register company names. 3:49 And now these rights pertain to multiple oO } qdCia Trade Mark + Exclusive Right + Conferred by Government/Established by use + Symbol, word, mark ete. + Marks help to identify the company + Duration: Unlimited; subject to renewal ® a < Transcript xX Search in video ininaia. 5:09 _If someone an Indian manufacturer starts using IKEA, IKEA could still come and stop that 5:16 person, because there a right to the mark is established by use international use. 5:23 And they have a reputation and there is, another branch of law, as | mentioned earlier a law 5:27. _of passing of can come to IKEA rescue to stop people from using it though, they may not 5:33 _ have business here, and they may not have registered it in India so, itis possible. 5:39 __So, that is why we say that trademarks, when we say trademarks in that sense, we also include oO } qdDesign Exclusive Right Conferred by Government Shape, configuration, pattern etc. (aesthetic) No functional element Not protected by Copyright Duration: 15 yearsHUMAN Creme CROAT NITY fence oF RELIGION = ? GoD IN DIN\ DUA LL REXAILSANCE § ————_5 ® NeTELHUMAN Crem WU MAN — Céntaic INTELLECTUAL MOVEMENT GENIUS a (isverto®) TALENT (Se\LLeD PeRSoN) [IMAGINATIONCLYPINITY 1 PhD OL bm SO-VIN endian eenetee es irae Pete —— i NeTELOLIAIN AL NovéL New ® NeTELCLYPANITY «A PhD BLOM SO-ViN Innova tiv? [NN OVRT 10n Sov UtION 7 INVENTION @ (roe) NeTEL€ Cre teow EL os) B Transcript Search in video 8:01 8:09 a4 8:19 8:26 8:33 8:43 8:50 So, an innovative solution could either result in an innovation or it could result in an invention, innovation is a very broad term intellectual property is more concerned about invention, because patents would protect inventions. We do not say that all innovations can be protected we only say that inventions can be protected by way of patents and invention is the subject matter of patent law. So, when we look at the problem solution approach in or when we look at creativity as a process of problem solving, you have a problem for which we find the solution and if the solution, is creative then we call that as innovation oO } qd2 Ocigin of the tecm ‘TP’ IN OL LgeT UBL Peopeary | L (Ripton of ReeucrTion feng oe® Ocigin of the tecm ‘TP’ ie Ni 441 HPO \ CONSHTUTI on) IPO S iN NATIONAL eee \ (PR eoucy (2216) pole® ae ge MZ coryeset | Pa a 7 Coven Exclusive rights (00K 600K Bove MARKuMgugeuny feoteaty LIMIT ® tw ot] —— Wainy a Mpeg DErosit IM PDR Timy kouifertiors ONG MS: ORGINALATY invertwy “Eroa Kuty 10 ome MASS DUPLICATION InpusfeiaL fesoverion -—_— SC—' x < Transcript Search in video 12:45 which the law requires you to prove. For instance, in the case of copyright 12:51 you need to prove originality; in the case of Patents you need to show inventive step. So, 12:57 these are some of the restrictions on the rights that have been conferred by intellectual 13:03 property rights we will be looking at this in greater detail in these specific lectures 13:07 Now, we found that the distinguishing feature of intellectual property is that it offers property Property Protection 13:15 protection over intangibles. And intangibles, by themselves offer us a way to create multiple oO } qd@ Werty 40 LOE [Reayjenes Mn$S DVELICATION [npusTRiAL feepveTionPATENT REGIME aa WS Shan SET Lo n 7 ph NATION AL INT GRNAT ONAL \ Z ‘ esol hee OTN | Fs, ERTIES€ Nefonny ™ moh Pratt office wl Covers Wo _ => he ee —— Transcript xX Search in video 5:34 5:40 5:45 5:52 5:58 6:03 6:08 @ group of countries. Now, this could also allow for recognition of intellectual property rights of one country in another country. And you have something called the soft law. Soft law or nothing but treaties which are not signed by delete last few words; soft law is nothing but an international arrangement where if something has to be accepted as a treaty, you first release it in the form of a soft law. Itis a guideline for countries to follow; eventually it may take the shape of a treaty if there is consensus across countries. So, a national system, for instance, if you take the India’s patent system comprises of the patent oO } qdINFERNATiON AL SYSTEM / \ SuBbtnn tine Moe oueme Caan PRLS Convgntions Por tees |r Potene Lawl TRnty@ Nato NRL iy otem> InOIr /|\ \ . Pret office Covers Ifo TeaBursnes te /oe (Ppp -ad ed ros g Nefiowey = orn Prot wl Covers Wo _ => he /ee —— < Transcript xX Search in video 6:20 we have the Intellectual Property Appellate Board or the IPAB and any enforcement mechanism, 6:28 _the patent is granted somebody is infringing the patent goes to the courts and in India we 6:33 _ have the High Court and the Supreme Courts, So, this is the national patent regime. 6:37 Youhave an office, the Intellectual Property Office which grants the patents. If there are 6:43 appeals overt, it goes to the tribunal which is the IPAB and if a granted patent is questioned 6:49 _before a court or if there is an action with regard to enforcement say infringement, 6:54 _it.goes to the High Courts. And eventually if there is an appeal from the High Court, oO } qdeckson Syne G \ ts Cogent rer 40s Jee teas tnd 0) —_—_—— 2 Se Transcript Searchin video 701 707 me 727 72 73 748 287 805 “Tho interrational systom on patents canbe ding Into wo; one you have the substantive regine ‘nd yoshave the poze eine, The Fegine s nthog but ffrsin substantive Invernatona aw which were move towards ‘hanging the eutantve provisions of he law: Wneeas the efforts on procera there were certain testes concluded and wich ontyha an eect on the procedural agpect o Patent ow. This an important ditncon to understand because patent law comprises tut cubstatve provisions for instance wat canbe patented ia substatve provision nd Rao comprises of procedural apes Now, ho can fie patent, hat should bethe extra fran applcat, what shouldbe te fea that shouldbe pad, nha re he administrative methods by wich you can intervene inthe patont office, these be allrocedural aspects ofthe patent tor Now the most important agreement ie what ‘callthe PARIS convention. The PARISfotos — € ® Ines Conver'tioed oy Transcript xX Search in video 8:05 812 8:21 8:32 8:36 Now, the most important agreement is what we call the PARIS convention. The PARIS convention created certain substantive changes in the patent regime. Then we had the WTO and what we call the TRIPS agreement. Now, on the procedural side, we have an agreement called the or the treaty called the patent cooperation treaty which allows applicants from one country to file applications in another country and we also had something called the patent law treaty, Which tried to make some changes, but it was not widely accepted. a ° qCOPYRIGHT REGIME °° Nettona lL = ea Boor One SILA TRAL- pane AReeaENets REAPeonr YY10:20 Dea @ COPYRIGHT REGIME * bang ONVGnTION ~ sae UNIVERSAL LARENKT Cort Kernen Rong Un tm, ths sem wien TREATIES No LGASEATION 160 lexeecesions [a 7 < Transcript 1 x Search in video 10:41 10:48 10:56 11:02 11:08 BERNE convention. The BERNE convention made it easy for copyrighted works to be enforced across the globe. It did not make, it did not make registration ‘a mandatory condition for enforcement, so that ensured that copyrights you could get a copy you could have a copyrighted work created in fone country, and it could be enforced in another country even without registration. Then we had the universal copyright convention we also have the ROME convention, we had the TRIPS agreement, oO } qdCOPYRIGHT REGIME a beng ONYGoTION ~~ Nations Unwgesee LAE KT Cort 7 Reamucrit Rong ON. ~ ce & 105 “em wien TREATIES ~ no eanseation 106” [execcesions a 2 <© Transcript xX Search in video 10:34 10:41 10:48 10:56 11:02 11:08 Now, copyright regime in itself comprises of various conventions. First you have the BERNE convention. The BERNE convention made it easy for copyrighted works to be enforced across the globe. It did not make, it did not make registration ‘a mandatory condition for enforcement, so that ensured that copyrights you could get a copy you could have a copyrighted work created in fone country, and it could be enforced in another country even without registration. Then we had the universal copyright convention we also have the ROMF canventinn we had the TRIPS, oO } qd10:21 COPYRIGHT REGIME = °° beng OAGoTION ~~ Nafionn Unwwcegee LAE KT Cort Reamucrit gong ON. U~ em & Ths “em wien TREATIES ~ no eoneen tion 060 Jepeeeson! a 7 <© Transcript xX Search in video 11:08 11:13 11:19 11:25 11:29 11:33 Wat the universal copyright convention we also have the ROME convention, we had the TRIPS agreement, and a host of WIPO treaties, Now, what did all these arrangements or conventions do. One they brought in a principle of national ‘treatment; they also brought in the principle of most favored nation treatment. Now, these are two principles in international law, Which says that the protection that you offer to your nationals, your citizens should be offered to foreigners {as well. So, you treat foreigners as equals when they are within your territory. The most favored nation treatment is another equality oO } qdCOPYRIGHT REGIME °° biewg ONYENTION ~~ Npfion aL UniigegaL LANRKT Con 7 Reaemale gong ON. woes” Et 00S 5AM wiro TREATIES” No LAASEATION “ 1060 NeyescesionsTRADE MARK REGIME Q RAG Convgmdtod Hagnon \ZaTiond MADRID TLERTIES wa TERM TRADEMARK Lal Te. ut NILE AAMT med ake | wo eI No Comrursoty Lt.