Intellectual property rights refer to creations of the mind that have value in the market. There are three main types: patents, which protect inventions for a limited time; copyrights, which protect original creative works; and trademarks, which protect distinctive signs used to identify goods. Legislation at both international levels like WIPO and WTO, and domestic levels govern intellectual property rights. The document discusses the definition and types of intellectual property rights as well as related legislation.
2. Intellectual property rights . . .
• The rights given to persons over
creations of their minds
• The product should be unique
and have some value in the
market.
3. • Like Real Property:
– It can be bought,
sold, licensed,
exchanged, given
away
– The owner can
prevent unauthorized
use
4. Three Principle Types . . .
– Patents
– Copyrights
– Trademarks
– industrial design rights and trade secrets
5. • It includes,
• patent rights
• utility model rights
• design rights
• trademark rights
• and copyrights
6. Patent . . .
• The Patent Bill of 1790 enabled the
government to patent
• “Any useful art, manufacture, engine, machine,
or device, or any instrument thereon not before
known or used."
– Not discoveries of nature
– Exclusive right to make, use and sell an invention for
a specific period—20 years
7. Patent Benefits . . .
• Rewards time, money & effort associated with
research
• Encourages innovation and research by
permitting companies to recover R&D costs
• Encourages quick commercialization
• Allow early exchange of information between
research groups
– Avoiding duplicate efforts
8. • Exclusive privilege to authors to
reproduce, distribute, perform, or
display their works.
• Literary works, including computer
programs
• Musical works and lyrics
• Dramatic words
• choreographic works
• Pictoral, graphic, and sculptural works
• Motion pictures and audiovisual works
• Sound recordings
• Architectural works
9. • It is usually associated with civil law.
• In the Copyright Act, there are provisions to treat
all forms of infringement of copyright as
offences.
• The police also have powers to take action and
is punishable with a minimum of six months’
imprisonment, which may extend to three years,
and a fine of between Rs 50,000 and Rs
200,000.
10. Trademark . . .
• Word or symbol used by manufacturers to
identify goods.
• It is a distinctive sign which is used to
prevent confusion among products in the
marketplace.
11. Legislation . . .
• (WIPO) World Intellectual Property
Organisation
• (WTO) World Trade Organisation
• (TRIPS) Trade-Related Aspects of
Intellectual Property Rights
12. Legislations . . .
• Each country or region has its own set of IPRs laws and
regulations
• In Jan 1, 1995 the WTO Agreement on Trade-Related
Aspects of Intellectual Property Rights (“TRIPS
Agreement”) entered into force
• TRIPS Agreement rules do not directly apply in most
national legal systems, but instead are implemented by
legislation
• TRIPS allows for compulsory licensing, price controls
and a competition policy.