INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT

By:- Mrs. Jeancy Kharkongor,

Librarian,

K.V.No.2, O.N.G.C Agartala

WHAT IS INTELLECTUAL PROPERTY?�

• Intellectual property (IP) means a person’s ability to think, to understand and create ideas.
• All creations begin with an idea.
• Such as inventions (Telephone, light, bulb etc)books, paintings, songs, symbols, images, designs)- the products of human creativity and skill.

Intellectual Property (IP) is a “Product of the Mind”

• Example:
• Writer Rudyard Kipling holds the ownership to his novel “The Jungle Book”
• Logo/Brand name- APPLE
• Signature tune of IPL etc

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What is the need of IPR?�

• Encourages innovation: The legal protection of new creations encourages the commitment of additional resources for further innovation.
• Economic growth: The promotion and protection of intellectual property spurs economic growth, creates new jobs and industries, and enhances the quality and enjoyment of life.
• Safeguard the rights of creators: IPR is required to safeguard creators and other producers of their intellectual commodity, goods and services by granting them certain time-limited rights to control the use made of the manufactured goods.
• It promotes innovation and creativity and ensures ease of doing business.
• It facilitates the transfer of technology in the form of foreign direct investment, joint ventures and licensing.

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Intellectual Property includes rights relating to-

• Literary, artistic and scientific works
• Inventions in all fields of Human Endeavour
• Scientific discoveries
• Industrial Designs
• Trademarks, Service marks, commercial names and designations.

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Protection of IP..

• IP are protected through copyrights, patents and Trademarks, etc
• To protect IP in India, one can apply to the authority concerned under the Government of India for Protection.
• IPR enables the creator or the owner to earn recognition or financial benefit by using their creation or invention.

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• Laws: Trademark Act 1999, The patents Amendment Act 2005 which is effective from 1^st January 2005 and Copyright Act, 1957.

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Controller General of Patents, Designs, and Trade Marks (CGPDTM)

• O fficial website of Intellectual Property India (ipindia.gov.in)
• The Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) is located at Mumbai.
• The Head Office of the Patent office is at Kolkata and its Branch offices are located at Chennai, New Delhi and Mumbai.
• The Trade Marks registry is at Mumbai and its Branches are located in Kolkata, Chennai, Ahmedabad and New Delhi.
• The Design Office is located at Kolkata in the Patent Office.
• The Offices of The Patent Information System (PIS) and National Institute of Intellectual Property Management (NIIPM) are at Nagpur.

Types of IPR/Forms of Protection..

• The following types of Intellectual Property Rights are being recognised in India:
• Copyright
• Trademarks and Service Marks
• Designs
• Geographical Indication
• Plant Variety
• Semi Conductor Integrated Circuit Layout Design

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Why is IPR important?

• The importance of IPR was first recognized in the Paris Convention for the Protection of Industrial Property1883, and the Berne Convention for the Protection of Literary and Artistic Works 1886. Both the treaties are administered by the World Intellectual Property Organisation (WIPO).

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IPR is important because:

• It helps authors, creators, developers, and owners to get recognition for their works.
• It incentivises Inventors, authors, creators etc
• It encourages creation of new pathbreaking inventions
• It motivates creation of new inventions
• It facilitates the transfer of technology in the form of foreign direct investment, joint venture and licensing.

What is a Patent?

• A patent is a right granted for any device, substance, method or process which is new, inventive and useful.
• A patent is a legal monopoly which is granted for a limited period to the owner of an Invention.
• A patent is a government granted and secured legal right to prevent others from ‘practicing’ (i.e. making, using or selling the inventions covered by the patent.)
• A patent is a personal property which can be licensed or sold like any other property.

What do Patents Cover?

• Products or processes that possess or contain new functional or technical aspects;
• Patents are therefore concerned with, for example –
• how things work,
• what they do,
• how they do it,
• what they are made of or
• how they are made.

Why should inventions are protected by patents?

• Because the invention is an intellectual creation and the author has a certain right to it.
• And also, because the inventor or the author also deserves material benefit for his/ her achievement for which he has normally spent time and money.

What Is Copyright?�

• Originated in 1509 in UK.
• It Protects Works of Authorship (Published or Unpublished) in Any Tangible Medium of Expression like Writing, Music, Art, Computer Software
• It gives Legal Rights Exclusively for a Definite Period of Time to the Originators (Authors or Creators) of Intellectual Work for Sale or for any other use.

Copyright in literary works!

• The term ‘copyright’ is fairly self-explanatory, in that it is the right for your work not to be copied. This is the main form of intellectual property right that applies to literary works.
• The purpose of copyright is to protect the results and expressions of the creative mind. The right gives the author the right to control the way in which their material is used. Literary works, typographical arrangements (or the layout) and audiobooks of published editions can benefit from copyright protection.
• The author or creator of the work is generally the first owner of copyright in the work.

Copyrightable Items:

• Text: Exclusive
• Graphics: When Fixed in a Medium
• Software: Source and Object Codes
• Music: Composer, Publisher, Recording Company and
• Musician—All Have Rights
• Film: Every Frame is Copyrightable

Terms of Copyright Protection

• India
• Literacy, Artistic, Dramatic, Musical Work, Photographs, Cinematographic Films, Records, Posthumous/Anonymos/ Pseudonym Pubs,/ Govt institutions., PSU’s etc

Joint Authors:

• 60 years from the beginning of the next calendar year after the following year of first published.

What is Trademark ?

• A trademark is an identification symbol.
• It is used in the course of trade to enable the purchasing public to distinguish one traders’ goods from the similar goods of other traders.
• The public makes use of these Trade Marks in order to choose whose goods they will purchase. If they are satisfied with the purpose they can simply repeat their order by using the Trade Mark.
• Where a trademark is used in connection with services, it may be called ‘Service Mark’. (e.g.: service marks are used by Hotels, restaurants, airlines, tourist agencies,
• Trademarks are special words.
• Prior trademark searching and clearance can avoid problems later to get a trademark availability before using trademark.

Examples of Trade Marks with illustrations are …

• KODAK, for photographic goods
• APPLE for computers
• CAMEL for cigarettes..
• Trade Names are generally names, terms or designations which serve to identify and distinguish an enterprise and its business activities from those of other enterprises.
• Whereas, a Trade Mark distinguishes the goods or services of an enterprise,
• a Trade Name identifies the entire enterprise and symbolizes the goodwill and reputation of the business as a whole.

Acknowledgement

• References have been taken from Internet sources and other published and presented resources was used to prepare this presentation.

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