Intro To IPR

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Tuesday, October 08, 2013
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Why
IP? What is IP and IPR? Rational behind IPR protection Different types of IP
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SURVIVAL IS DEPENDENT ON TWO THINGS : INSTINCT AND IDEAS
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All kinds of great ideas: man survived & progressed First hand axe 2.5 million years ago Needles 70,000 years ago led to invention of clothes Writing words and languages
Market place born & survived out of ideas
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Consumer World - market place dominated by needs & wants Needs & wants met by products (discoveries, ideas or inventions) Sellers woo buyers , buyers demand products The seller seeks rewards social & monetary & the buyer seeks product satisfaction
Innovate or perish: Thumb rule of the market place!

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So the constant innovate
need
to
ideate,
improvise
&
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What is an idea? Ingenious intellectual activity Labor of mind Different from manual and physical labor Original, inspired, influenced or even pirated Born out of imagination & knowledge
Imagination breeds creativity and creativity breeds GAINFUL COMMERCIAL ACTIVITY---resulting in Generation of wealth!
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The concept of ownership is critical to the concept of property. In the legal sense, property refers to the bundle of rights that the law confers on a person by virtue of the ownership and possession of an object. By exertion of his intellect, either in the form of ideas or technology, man converts a natural resource into something of utility, making it an item of property. This brings us to the concept of intellectual property. It is simply the property created by the application of human mind.
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Rights CHANGE according to the situation it finds itself in. Sometimes it is being ENTITLED to something from someonean IMMUNITY from having a legal status altereda PRIVILEGE to do somethinga POWER to create a legal relationship. Each invokes a different protection!
IPR: Meaning and significance Intellectual Property Rights

Science
Intellectual = creation of human mind
Law
Right =consequences of the ownership
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commerce
Property =ownership
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A point to appreciate here is that IP is concerned with mans capacity to produce something new and offer it for public use. The property does not lie in the thing so produced and offered but in the owners rights over the creation of his intellect.
Again, what IP protects is the use or value of ideas and not the abstract ideas themselves; there are no rights, hence no property, over the ideas per se.
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Need for IP protection
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Tools of IPR
Oldest way to avoid competition Invention Association
Specific location
Expression
Appearance
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Natural rights
TRADEMARKS
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Tuesday, October 08, 2013 your
name
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name
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Distinctive symbols, signs, logos that help consumer to distinguish between competing goods or services.
Visual: Words, letters, numerals, devices including drawings and symbols or 2-D representations of object or a combination of two or more of these, colour combinations or colour per se, 3-D sign as shape of goods or packaging. Audio: Sounds, Musical Notes Olfactory: Smells
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A trade name is the name of an enterprise which individualizes the enterprise in consumers mind. Service Marks are marks used in any form of service business where actual goods under that mark are not traded. For instance, a Hotel or a restaurant is a service.
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Well
Known Trade Mark Collective Mark: Proprietor is an association of persons, which is legally not a partnership Certification Mark: Does not indicate origin of goods but certifies the goods as conforming to certain characteristics (quality, ingredients, geographical origin etc.) e.g. ISI, AGMARK, Hallmark etc.
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Distinctive
(basic function): - inherent (e.g.RIN), or - acquired by usage (e.g. TATA) Non-deceptive ( to avoid misleading) Not contrary to public order, morality
Special Requirementsor specified classes of goods or services.
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Right to use TM in relation to goods/ services as registered are protected (If TM consists of several parts, protection is for TM as a whole)
State Emblems, Official Hallmarks, Emblems of Intergovernmental Organizations cannot be used as TM.
Term of protection:10 years [renewable]
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GEOGRAPHICAL INDICATIONS
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GI must identify a good. That means that a GI could be any expression -not necessarily the name of the place where the product originated (icon, symbols, words/phrases, non-geographical name) The good must necessarily possess the given quality/reputation/other features that are essentially attributed to the designated geographical area of origin.
The geographical area must be identified with the indication.

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Increases variety and diversity. Allows producers to obtain market recognition and often a premium price. Key source of niche marketing. Also often associated with non-monetary benefits such as the
protection of knowledge and community rights.
Having the exclusive right to use a geographical indication is essential for quality assurance and thus consumer protection.
Term of protection:10 years [renewable]
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INDUSTRIAL DESIGN
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Many regard Apple's iMac a masterpiece of product design.
Blauwerk bicycle/scooter by Philippe Starck
The Stethoscope Reflex Hammer, PharmaDesign
Virgin Trains
Swatch watches
'Analog Pad' by Oriol Mogas Bartomeu Manor Born - packaging and branding redesign
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Duracell flashlight
Refers to a products overall/finished form Refers only to the ornamental or aesthetic aspects of a product-impression on sight
Must consist of shape & configurations

Refers to the external features of the product Is distinct from the technical & functional aspects of product Protects commercial exploitation of the design idea through products/articles that embody it or reproduce it and not the articles themselves.
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New and Original wrt class of article to which

applied Capable of mass production or application on an article of utility Not contrary to public order or morality The shape should not be determined merely by the functionality of the good.
Term of protection:10 years [+ 5]
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ORIGINAL/New- not previously seen or published NOVELTY- must be substantial- a known design can be applied to a new article- shape of teddy bear for a school bag Test of novelty is in the eye of the arbiterdetermination rests on the general impression A combination of known designs can be registered if the combination produces a new visual appeal
Color per se is not design -can form part of design

No registration, no protection
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National Design Law-registration, in order to be protected.

Under Copyright laws- designs also considered works of art & artistic expression- attractive option Under Trademark Laws- Cocacola, Toblerone, Levi Strauss- levis are fighting to save their trademark design of its
pocket used 133 years ago.
Protection period ranges from 10 to 25 years- includes in some countries grace period for registration
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Piracy of Designs
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ID Has to be integral part of product
TM Is applied on the product but need not be embodied in it.
Should be original and new but need not be distinctive
Should be distinctive
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The best kept secret till date
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TRADE
Provides
SECRET
Kept confidential
competitive advantage
Potential to make money
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Financial information
Technical & scientific information
Commercial information
Negative information
Hardware design Software Technical data about product performance Pending patent applications Business plans & strategies New product names Financial projections Marketing plans, unpublished promotional material Cost & pricing information Sales data Customer lists Info re: new business opportunities Personnel performance
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1.The information must be secret 2. It must have commercial value because its secret 3.Owner must have taken reasonable steps to keep it secret
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Identify the trade secret Develop a protection policy Restrict access Mark the documents Physically isolate and protect Restrict public access Maintain computer secrecy Measures for employees and third parties
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Contract law
Criminal laws
Information Technology Laws

Remedies
Injunction Temporary or Perpetual

Damages Search & Seizure order
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Trade Secrets
no registration
- less costs (but: costs to keep secret) - immediately available
Patents
registration
- fees (registration + maintenance) - takes time to get patent
can last longer

- but: limited to economic life - uncertain lifespan: leak out is irremediable
limited in time
- generally: max 20y - but: can be invalided
no public disclosure
- but: practical need to disclose - if leak out: TS lost
public disclosure
- publication 18m after filing - if P not allowed: no TS
Trade Secrets
Large subject matter
Protection of virtually anything maintained in secret by a business that gives competitive advantage
Patents
Subject matter limited:
- Requirements: new, non obvious, useful - Scope: patent claim
Only protection against improper acquirement/use
Exclusive rights
monopoly to exploit the invention
More difficult to enforce

- some countries: no laws - ability to safeguard TS during litigation
"Power tool"
Copyright
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creator J.K. Rowling
Publishers, Editors, Translators, Producers, Actors, Directors, Music composers, Software developers
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Magical
tale of transformation of creativity & IP One Idea- story- book films/TV- products- brand Evident economics of Copyright & other related IPs Multiple industries & livelihood for hundreds Free riders profiting from creative output of others Works of art & expression need to be protected
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Writing books, articles, novels Sound recordings Motion dance 3 dimensions cinema Visually painting Software algorithms
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Literally
right to copy Copyright derived from the expression copier of words first used in the context in 1586 in Oxford dictionary Copyright essentially is an author s, composers etc right to copy his own work to protect the expression of the work created. It is the right to authorize the reproduction of the work(making copies) & distribution of the same So copyright is the right to copy or REPRODUCE the work in which copyright subsist
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Creative of Statute
Automatic protection - The moment someone creates the book, a piece of music, computer prog. painting etc it is copyrighted - Almost everything created privately & originally is copyrighted Negative in nature - Prohibits to prevent others from reproducing the work or exploiting it for their own purpose Monopoly rights - For a specified period
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Reproductive Rights - right of copying, printing, distributing Adaptive Rights - make modified version Distributive rights - distribute copies - selling Performance Rights - perform publicly, broadcast Display Rights - the films, complete programme Attribution Rights - claim authorship of the work & preventive measures Economic Rights to exercise, sell, give online, etc. Moral Rights understood to be - Authors rights to publish or not
- To claim authorship to sign or not sign or to sign fictional name

- Object to any changes in the work which could damage reputation
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Writer/writers of the book; Painter; Music composer; Translator; Cinematographer; Photographer etc.
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For books and other works of arts it is 60 years after the death of the author (the laws of different countries vary); For photographic work 60 years from making the work; For cinematic works 60 years after making the work available to public.
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Stealing
information or original work is theft Plagiarism is the act of copying a work wholly or partially and pretending to be its original author When there is a violation of ones exclusive right to his property we call it infringement Infringement takes place when one knowingly copies/reproduces the creative work of another without permission (S. 63) Infringement is an offence under all laws of copyright
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Examples of infringement Making copies of printed material
Photocopying is the commonest method of illicit reproduction

Using passages from books/speeches over radio or on film from another book Making computer copies of computer games Making digitized copies of print photos
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Quotations for commentary; Illustration for Teaching; Current News Reporting etc. Free Use is decided by amount of work used and its economic implications to the right holder. The mention of original author/source is must.
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Fair
use is a doctrine developed by courts in the US Allows certain types of copying without permission for the promotion of creativity, research, science & useful arts Advantageous for libraries & archives Judicial proceedings, works of legislatures, course of instructions & examinations including use of copyrighted material in religions & official ceremonies & marriage proceedings are protected Thus a film critic can include a clip from a film in her review to make her point Fair use is a legal exercise that permits one to take quotes from others protected works without violating the law
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The
word PATENT originated from the Latin term literae
patentes which implies openness and accessibility.
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It is the grant of
an exclusive right, for limited period, provided by the Government to the patentee, in exchange of full disclosure of his inventions, for excluding others, from
making, using, selling, importing the patented product/process.
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* Patent

Use License Sell Mortgage Abandon
* House
Live Rent Sell Mortgage Abandon

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Intellectual property is an asset and can be bought, sold, licensed, exchanged, donated
The holder of the intellectual property has right to prevent any unauthorized use or sell
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Encourages RESEARCH. Induces an inventor to disclose his inventions instead of keeping them as secret. Provides inducement for capital investment encouraging technological development. It encourages establishment of new industries.
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Law of Patents
Protection part Exploitation part
Enforcement part
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By the government To the inventor or his assignee For an invention For a limited period It is valid within the country of grant
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patent is valid if
satisfies common requirements not proven invalid
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Inventions that are
Novel (new to public)
Non-obvious ( not anticipated)

Useful
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Atomic energy Traditional knowledge Scientific principle Abstract theory Discovery of natural substances New form of a known substance Mixture of known compounds Methods of agriculture
Discovery, Scientific Principles, Contradicting natural laws, Frivolous
Perpetual motion machine Mathematical or business method or algorithms or computer program per se
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Mere use of a known process, machine or apparatus

Metric Clock
(101/BOM/72)
Mere arrangement or re-arrangement or duplication of known devices
Umbrella with torch

Presentation of information
Mental activity
Hazardous to living being or environment Mere admixture, Diagnostic and Therapeutic processes, Biological processes, Traditional knowledge
Related to
Atomic
Energy purpose
Defence
S. 2(1)(j)):
An invention means a new product or process
involving an inventive step and capable of industrial application.
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OLD
NEW
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The good monopoly is one which serves to give the public through its incentive, something which it has not had before and would not be likely to get without the incentive at least not so soon. The bad monopoly is one which takes from the public that which it already has or could readily have without the added incentive of the patent right. Judge Rich
1.
An invention shall be considered to be new If it does not form part of the state of the art
[The highest level of development, as of a device, technique, or scientific field, achieved at a particular time: "Forty or fifty years ago the state of the art in radio was represented by crackling noises coming from a console of . . . Aztec-temple shape" (New Yorker).]
1.
The state of the art shall be held to compromise everything made available to the public by means of written or oral description, by use, or in any other way, before the priority date
2.
State of the art = Prior art

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A patent for the mere use of a known contrivance, without any additional ingenuity in overcoming fresh difficulties, is bad and cannot be supported. If the new use involves no ingenuity but is in manner and purpose analogous to the old use, although not quite the same, there is no invention. On the other hand a patent for a new use of known contrivance is good and can be supported if the new use involves practical difficulties which the patentee has been first to see and overcome by some ingenuity of his own.
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S.2(1)(ja):
Inventive step means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art.
Inventive step refers to the ingenuity in making the leap from the closest prior art which was not obvious to the person skilled in the art.
S.(2)(1)(ac):
capable of industrial application, in relation to an invention, means that the invention is capable of being made or used in an industry.

It implies utility Includes manner of manufacture, which contains both process of manufacture and product resulting from such manufacture \
CONCERNS
ONLY WITH HIGH TECH GLOBAL VALIDITY GLOBAL ENFORCEMENT RIGHTS PERPETUAL CANNOT BE CHALLENGED
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BROADCASTING DISADVANTAGES SECRET WORKING DISADVANTAGES OPEN WORKING DISADAVNATGES PATENTING ADVANTAGES
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Title Technical Filed (Title and preamble) Background and Description of the Art Problem solution Object of the invention Detailed Description of Invention Examples Claims Drawings Abstract Normally a patent is in force for 20 years from the date of the application

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PRECAUTIONS TO BE TAKEN BEFORE FILING APPLICATION FOR PATENT
DO NOT PUBLISH DO NOT DELAY EXCEPTIONS TO THE ABOVE RULE
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FILING OF THE APPLICATION MEETING PROCEDURAL OBJECTIONS
PUBLICATION OF THE APPLICATION 18 months from date of appln / priority
PRE-GRANT OPPOSITION
Request for examination
First EXAMINATION REPORT
MEETING THE OFFICIAL OBJECTIONS
GRANT OF THE PATENT
POST-GRANT OPPOSITION
Term of patent 20 years from date of application
PROTECTION STRATEGY
FILING NATIONAL APPLICATION FILING OUTSIDE THE COUNTRY CRITERIA : SAME APPROACH TO BE ADOPTED MARKET ORIENTED LICENSE ORIENTED MANUFACTURE ORIENTED R & D ORIENTED COST ORIENTED PUBLICITY ORIENTED
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USPTO 5,356,330: Apparatus for simulating a high-five shared between fans to express the joy and excitement Unfortunately requires mutual hand slapping of two participants a solitary fan is unable toexpress excitement
US Patent 5,197,216 Combined camouflage and decoy device In order to fool the birds, the inventor suggests the hunter move his head from side to side and flap his cape a little to simulate a happy goose.
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IIPS

Tuesday, October 08, 2013

Tuesday, October 08, 2013

Tuesday, October 08, 2013

Tuesday, October 08, 2013

Tuesday, October 08, 2013

Tuesday, October 08, 2013

Tuesday, October 08, 2013

SURVIVAL IS DEPENDENT ON TWO THINGS : INSTINCT AND IDEAS

Tuesday, October 08, 2013

Market place born & survived out of ideas

Tuesday, October 08, 2013

Innovate or perish: Thumb rule of the market place!

So the constant innovate

Tuesday, October 08, 2013

Tuesday, October 08, 2013

Tuesday, October 08, 2013

IPR: Meaning and significance Intellectual Property Rights

Tuesday, October 08, 2013

Need for IP protection

Tuesday, October 08, 2013

Tuesday, October 08, 2013 your

Tuesday, October 08, 2013 your

Tuesday, October 08, 2013

Tuesday, October 08, 2013

Tuesday, October 08, 2013

Tuesday, October 08, 2013

Tuesday, October 08, 2013

Tuesday, October 08, 2013

The geographical area must be identified with the indication.

Tuesday, October 08, 2013

protection of knowledge and community rights.

Term of protection:10 years [renewable]

Tuesday, October 08, 2013

Tuesday, October 08, 2013

Many regard Apple's iMac a masterpiece of product design.

Blauwerk bicycle/scooter by Philippe Starck

The Stethoscope Reflex Hammer, PharmaDesign

Must consist of shape & configurations

Tuesday, October 08, 2013

New and Original wrt class of article to which

Term of protection:10 years [+ 5]

Tuesday, October 08, 2013

Color per se is not design -can form part of design

Tuesday, October 08, 2013

National Design Law-registration, in order to be protected.

Tuesday, October 08, 2013

ID Has to be integral part of product

TM Is applied on the product but need not be embodied in it.

Should be original and new but need not be distinctive

Tuesday, October 08, 2013

The best kept secret till date

Tuesday, October 08, 2013

Tuesday, October 08, 2013

Technical & scientific information

Tuesday, October 08, 2013

Tuesday, October 08, 2013

Tuesday, October 08, 2013

Information Technology Laws

Injunction Temporary or Perpetual

Tuesday, October 08, 2013

can last longer

Only protection against improper acquirement/use