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Intellectual Properties Comprehensive Course

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Published in: Management Subjects
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This is an Innovative course especially for everyone, who are particularly in quest of employment. It certainly provide an edge to the learners to self-employment and empower them in near future to employ others too.

SS B / Hyderabad

25 years of teaching experience

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Teaches: Botany, Biology, English, Zoology, Corporate Communication, Public Speaking, Arabic, French, Persian, Tamil, Urdu, Learning Disabilities

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  1. Intellectual Properties Crash Course & Training TRADE MARKS PATENT: DESIGNS COPY RIGHTS
  2. Introduction In the advent of new commercial upfront knowledge and technical aspects of reinventing the Economy in corporate level, Intellectual property rights (IPR) have become an important in the face of fast changing trade enviroment, which is featured by global competition high innovation risks, short product cycle, neede for rapid changes in technology, high investments in research and development (R&D), production and marketing. Geographical barriers to trade among nations are collapsing relentlessly due to globolization and multi-lateral trades in the new emerging economical order. Many products and technologies are simultaneously marketed and being utilized in many countries. With the opening up of trade in goods and services intellectual property rights (IPR) have become more predominent the emerging Commercial World. Owing to tough competition among trading group the Goods and Services becoming susceptible to infringement leading to inadequate return to the creators of knowledge.
  3. Introduction Developers of such products and technologies would like to ensure R&D costs and other costs associated with introduction of new products in the market are recovered and enough profits are generated. It is expected that a large number of IP rights would be generated and protected all over the world includin Let us take an example of Drugs & Pharmaceutical Industry, the cost of introducing New medicine in the market may cost between $ 300 to 600 millions along with all the associated risks at the risks at the developmental stage, no company would like to risk its intellectual property becoming a public property without adequate returns. Creating, obtaining, protecting and managing intellectual property must become a corporate activity in the same manner as the raising of resources and funds. Therefore all publicly funded institutions and agencies will have to come to terms with the new ground realities and take positive steps to direct research suitably to generate more intellectual property rights, protect and manage them efficiently.
  4. What is Intellectual Property(lPR) ? IPR is a short term used for Intellectual property rights as a collective term which includes the following independent IP rights that can be used for protecting different aspects of an marketing, trading and any inventive work for multiple protection . 1. Patents 2. Copyrights 3. Trademarks 4. Industrial Designs 5. Plant Diversity 6. Geographical indications, and 7. Protection of undisclosed information
  5. Intellectual Property Rights Intellectual Property Rights are entirely territorial rights except copyright, which is global in nature in the sense that it is immediately available in all the members of the Berne Convention wherein India also one of the prime member. These are monopoly rights awarded that no second party can use or mis-use these rights without the consent of the Onwer of Right holder. It is essential to know that these rights have to be renewed from time to time for keeping them in force except in case of copyright and trade secrets. IPR have fixed term except trademark and geographical indications, which can have indefinite life span unless or otherwise these are renewed after a stipulated time as specified in the law by paying official fees. IPR can be assigned, gifted, sold and licensed like any other property. Unlike other moveable and immoveable properties as may be applicable with relevant Acts and Rules permits. These acts are slightly modified from one country to another.
  6. Intellectual Properties Crash Course & Training PATENTS DANCER! Take action against Infringements
  7. What is PATENT ? Invention means a new product or process involving an inventive step and capable of industrial application. New invention means any invention or technology which has not been anticipated by publication in any document or used in the country orelsewhere in the world before the date of filing of patent application with complete specification i.e., the subject matter has not fallen in public domain or it does not form part of the state of the art.lnventive step means a feature of an invention that involves technical advance as compared to existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art." capable of industrial application means that the invention is capable of being made or used in an industry" Patents A patent is an exclusive right granted by a country to the owner of an invention to make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law. Exclusive right implies that no one else can make, use, manufacture or market the invention without the consent of the patent holder. This right is available for a limited period of time. In spite of the ownership of the rights, the use or exploitation of the rights by the owner of the patent may not be possible due to other laws of the country which has awarded the patent. These laws may relate to health, safety, food, security etc. Further, existing patents in similar area may also come in the way. A patent in the law is a property right and hence, can be gifted, inherited, assigned, sold or licensed. As the right is conferred by the State, it can be revoked by the State under very special circumstances even if the patent has been sold or licensed or manufactured or marketed in the meantime. ,
  8. Intellectual Properties Crash Course & Training RVR7s DANCER' Take action against Infringements
  9. What is COPYRIGHT? Copyright is SUCH a right, which is available for creating an original literary or dramatic or musical or artistic work. Cinematographic films including sound track and video films andrecordings on discs, tapes, perforated roll or other devices are covered by copyrights. Computer programs and software are covered under literary works and are protected in India under copyrights. The Copyright Act, 1957 as amended in 1983, 1984, 1992, 1994 and 1999 governs the copyright protection in India. The total term of protection for literary work is the author's life plus sixty years. For cinematographic films, records, photographs, posthumous publications, anonymous publication, works of government and international agencies the term is 60 years from the beginning of the calendar year following the year in which the work was published. For broadcasting, the term is 25 years from the beginning of the calendar year following the year in which the broadcast was made. Copyright gives protection for the expression of an idea and not for the idea itself. For example, many authors write textbooks on physics covering various aspects like mechanics, heat, optics etc. Even though these topics are covered in several books by different authors, each author will have a copyright on the book written by him / her, provided the book is not a copy of some other book published earlier.
  10. What is COPYRIGHT? India is a member of the Berne Convention, an international treaty on copyright. Under this Convention, registration of copyright is not an essential requirement for protecting the right. It would, therefore, mean that the copyright on a work created in India would be automatically and simultaneously protected through copyright in all the member countries of the Berne Convention. The moment an original work is created, the creator starts enjoying the copyright. However, an undisputable record of the date on which a work was created must be kept. When a work is published with the authority of the copyright owner, a notice of copyright may be placed on publicly distributed copies. The use of copyright notice is optional for the protection of literary and artistic works. It is, however, a good idea to incorporate a copyright notice. As violation of copyright is a cognizable offence, the matter can be relndia is a member of the Berne Convention, an international treaty on copyright. Under this Convention, registration of copyright is not an essential requirement for protecting the right. It would, therefore, mean that the copyright on a work created in India would be automatically and simultaneously protected through copyright in all the member countries of the Berne Convention. The moment an original work is created, the creator starts enjoying the copyright. However, an undisputable record of the date on which a work was created must be kept. When a work is published with the authority of the copyright owner, a notice of copyright may be placed on publicly distributed copies.
  11. What is COPYRIGHT? The use of copyright notice is optional for the protection of literary and artistic works. It is, however, a good idea to incorporate a copyright notice. As violation of copyright is a cognizable offence, the matter can be reported to a police station. It is advised that registration of copyright in India would help in establishing the ownership of the work. The registration can be done at the Office of the Registrar of Copyrights in New Delhi. It is also to be noted that the work is open for public inspection once the copyright is registered. Coverage provided by copyright: (i) Literary, dramatic and musical work. Computer programs/software are covered within the definition of literary work. (ii) Artistic work (iii) Cinematographic films, which include sound track and video films. (iv) Recording on any disc, tape, perforated roll or other device. Transfer of copyright The owner of the copyright in an existing work or prospective owner of the copyright in a future work may assign to any person the copyright, either wholly or partially in the following manner. i. for the entire world or for a specific country or territory; or ii. for the full term of copyright or part thereof ; or iii. relating to all the rights comprising the copyright or only part of such rights.
  12. What is COPYRIGHT? Infringement of copyright: Copyright gives the creator of the work the right to reproduce the work, make copies, translate, adapt, sell or give on hire and communicate the work to public. Any of these activitiesdone without the consent of the author or his assignee is considered infringement of the copyright. There is a provision of 'fair use' in the law, which allows copyrighted work to be used for teaching and research and development. In other words making one photocopy of a book for teaching students may not be considered an infringement, but making many photocopies for commercial purposes would be considered an infringement. There is one associated right with copyright, which is known as the 'moral right', which cannot be transferred and is not limited by the term. This right is enjoyed by the creator for avoiding obscene representation of his /her works. However copyright can be transferred as under : Transfer of copyright The owner of the copyright in an existing work or prospective owner of the copyright in a future work may assign to any person the copyright, either wholly or partially in the following manner. i. for the entire world or for a specific country or territory; or ii. for the full term of copyright or part thereof ; or iii. relating to all the rights comprising the copyright or only part of such rights.
  13. Industrial DESIGNS? We see so many varieties and brands of the same product (e.g. car, television, personal computer, a piece of furniture etc.) in the market, which look quite different from each other. If the products have similar functional features or have comparable price tags, the eye appeal orvisual design of a product determines the choice. Even if the similarities are not close, a personmay decide to go for a more expensive item because that item has a better look or colour scheme.What is being said is that the external design or colour scheme or ornamentation of a productplays a key role in determining the market acceptability of the product over other similar products. If you have a good design that gives you an advantage, then you must have a system to protect its features otherwise there would be wide scale imitation. Design as per the Indian Act means the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article - whether in two dimensional or three dimensional or in both forms - by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but it does not include any mode or principle of construction or anything which is in substance a mere mechanical device. In this context an article means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately. Stamps, labels, tokens, cards, etc cannot be considered an article for the purpose of registration of design because once the alleged design i.e., ornamentation is removed only a piece of paper, metal or like material remains and the article referred to ceases to exist. An article must have its existence independent of the designs applied to it. So, the design as applied to an article should be integral with the article itself.
  14. Intellectual Properties Crash Course & Training DESIGNS Take action against Infringements
  15. Industrial DESIGNS? The essential requirements for the registration of design: 1. The design should be new or original, not previously published or used in any country before the date of application for registration. The novelty may reside in the application of a known shape or pattern to a new subject matter. However, if the design for which the application is made does not involve any real mental activity for conception, then registration may not be considered. 2. The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article. Thus, designs of industrial plans, layouts and installations are not registrable under the Act. 3. The design should be applied or applicable to any article by any industrial process. Normally, designs of artistic nature such as painting, sculptures and the like which are not produced in bulk by any industrial process are excluded from registration under the Act. 4. The features of the designs in the finished article should appeal to and are judged solely by the eye. This implies that the design must appear and should be visible on the finished article, for which it is meant. Thus, any design in the inside arrangement of a box, money purse or almirah may not be considered for showing such articles in the open state, as those articles are generally put in the market in the closed state.
  16. 5. 6. 7. 8. Industrial DESIGNS? The essential requirements for the registration of design: Any mode or principle of construction or operation or any thing, which is in substance a mere mechanical device, would not be a registrable design. For instance, a key having its novelty only in the shape of its corrugation or bend at the portion intended to engage with levers inside the lock it is associated with, cannot be registered as a design under the Act. However, when any design suggests any mode or principle of construction or mechanical or other action of a mechanism, a suitable disclaimer in respect thereof is required to be inserted on its representation, provided there are other registrable features in the design. The design should not include any trademark or property mark or artistic works. It should be significantly distinguishable from known designs or combination of knowndesigns. It should not comprise or contain scandalous or obscene matter.
  17. Intellectual Properties Crash Course & Training TRADEMARKS Remedies for Trademark Infringement A suit can lie in District or High court Punishment extends from 6 months to 3 years A permanent bans on engaging in commercial activities Trademark Different types of Trademarks - Shape Symbol orange Colour i'm 10 in' ite Name Slogan Logotype JRA & Associates
  18. TRADEMARKS ? A trademark is a distinctive sign, which identifies certain goods or services as those produced or provided by a specific person or enterprise. Trademarks may be one or combination of words, letters, and numerals. They may also consist of drawings, symbols, three dimensional signs such as shape and packaging of goods, or colours used as distinguishing feature. Well-known trademark in relation to any goods or services, means a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first-mentioned goods or services. Enactment of the Indian Trademarks Act 1999 is a big step forward from the Trade and Merchandise Marks Act 1958 and the Trademark Act 1940. The newly enacted Act has some features not present in the 1958 Act and these are:- 1. Registration of service marks, collective marks and certification trademarks. 2. Increasing the period of registration and renewal from 7 years to 10 years. 3. Allowing filing of single application for registration in more than one class. 4. Enhanced punishment for offences related to trademarks. 5. Exhaustive definitions for terms frequently used. Simplified procedure for registration of registered users and enlarged scope of 6. permitted use. 7. Constitution of an Appellate Board for speedy disposal of appeals and rectification applications which at present lie before High Court.
  19. TRADEMARKS ? Well-known trademarks and associated trademarks: A well-known trademark in relation to any goods or services, means a mark which has become known to the substantial segment of the public that uses such goods or receives such services. Associated Trademarks are, in commercial terms, marks that resemble each other and are owned by the same owner, but are applied to the same type of goods or services. Service marks The Indian Act of 1958 did not have any reference to service marks. Service means service of any description that is made available to potential users and includes the provision of services in connection with the business of industrial or commercial matters such as banking, communication, education, financing, insurance, chit funds, real estate, transport, storage, material treatment, processing, supply of electrical or other energy, boarding, lodging, entertainment, amusement, construction, repair, conveying of news or information and advertising. Marks used to represent such services are known as service marks. Certification Trademarks and Collective Marks A certification trade mark means a guarantee mark which indicates that the goods towhich it is applied are of a certain quality or are manufactured in a particular way or come from a certain region or use some specific material or maintain a certain level of accuracy. The goods must originate from a certain region rather from a particular trader. Certification marks are also applicable to services and the same parameters will have to be satisfied. A collective mark means a trademark distinguishing from those of others, the goods or services of members of an association of persons (not being a partnership within the meaning of the Indian Partnership Act, 1932), which is the proprietor of the mark.

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