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Edit Comment Close Premium member Presentation Transcript Slide 1: 4711 (Cologne) Intellectual Property Law Dr. Tabrez Ahmad http://iplexindia.blogspot.com 1 Website: www.site.technolexindia.com Blog: http://iplexindia.blogspot.com http://www.authorstream.com/User-Presentations/tabrezahmad/ Slide 2: Monday, July 26, 2010 http://iplexindia.blogspot.com 2 Slide 3: All rights and IPRs in the e-contents of various power point presentation slides/syllabus/pages are reserved in favour of Dr. Tabrez Ahmad and any violation will result in prosecution."Prior Written Affirmative Permission" is required before dealing with or using of any part of the e-contents in any manner whatsoever.© Monday, July 26, 2010 http://iplexindia.blogspot.com 3 Must do before starting the course : Must do before starting the course Collect IPR syllabus from KLS Library Purchase an IPL Bare Act Get membership http://groups.google.co.in/group/iprkls Become follower of the Blog: http://iplexindia.blogspot.com Monday, July 26, 2010 http://iplexindia.blogspot.com 4 Agenda : CONCEPT OF PROPERTY & INTELLECTUAL PROPERTY IP UBIQUITOUS IN LIFE RATIONALE BEHIND IP PROTECTION OF IP BY PRIVATE AND PUBLIC DEBATE NATURE OF IPRs MAIN IP INSTRUMENTS STRATEGIC ELEMENTS INTERNATIONAL FRAMEWORK NATIONAL REGIME RECENT WIPO CASE of Mahindra & Mahindra v. Zach Segal. Monday, July 26, 2010 http://iplexindia.blogspot.com 5 Agenda CONCEPT OF PROPERTY INTELLECTUAL PROPERTY : CONCEPT OF PROPERTY INTELLECTUAL PROPERTY Natural object becomes a resource when it satisfies a human want A resource possessed and owned becomes a property Traditional property have bundle of legal rights linked to ownership and possession of an item (Tangible: related to physical objects) Intellectual Property is intangible property Monday, July 26, 2010 http://iplexindia.blogspot.com 6 CONCEPT OF INTELLECTUAL PROPERTY Cont… : CONCEPT OF INTELLECTUAL PROPERTY Cont… Concept of Private Property and Freedom of contract Private property and contract Right to property and Indian constitution Freedom of Contract Monday, July 26, 2010 http://iplexindia.blogspot.com 7 CONCEPT OF INTELLECTUAL PROPERTY : CONCEPT OF INTELLECTUAL PROPERTY It is the PROPERTY CREATED BY APPLICATION OF HUMAN MIND and Investment of money, labour and judgment. Intangible (non-physical) in nature- derives value from ideas There is no uniform definition of IP In knowledge age, IP is a key to techno-economic growth Monday, July 26, 2010 http://iplexindia.blogspot.com 8 2. IP UBIQUITOUS IN LIFE : 2. IP UBIQUITOUS IN LIFE Articles of food, furniture, clothing, textiles, cosmetics, pharmaceuticals, entertainment gadgets, machinery, books, etc. are all IP protected. Domain of IP is ever expanding with advent of Technology and Globalization : GI, IC topography are new additions, Traditional Knowledge/Biodiversity are likely additions Monday, July 26, 2010 http://iplexindia.blogspot.com 9 3. RATIONALE BEHIND IP : 3. RATIONALE BEHIND IP The creative activity culminating in IP is necessary for socio-economic progress Material incentives and rewards encourage greater creative activity IP rights grant monopoly through contract with the Govt. to ensure rewards The interests of owner and society are balanced by limiting periods of monopoly with obligation to disclose and remedies against abuse of rights Disclosure brings knowledge in public domain Monday, July 26, 2010 http://iplexindia.blogspot.com 10 4. PROTECTION OF IP BY PRIVATE AND PUBLIC DEBATE : 4. PROTECTION OF IP BY PRIVATE AND PUBLIC DEBATE Why govt. is required to protect IP Whether govt. is really able to protect IPRs Whether we require IPR govt. offices. Why not only Private Protection Monday, July 26, 2010 http://iplexindia.blogspot.com 11 5. Nature of IPRs : 5. Nature of IPRs Key issues Balancing of Interests Monday, July 26, 2010 http://iplexindia.blogspot.com 12 5. NATURE OF IPRs : 5. NATURE OF IPRs Essentially negative rights to stop others from copying or counterfeiting In patents, being first with an invention pre-empts any right of another making same invention independently. In copyrights, the right is diluted as right is over the form of expression and not over idea. IPRs being statutory rights are legally enforceable. They are territorial in nature. Monday, July 26, 2010 http://iplexindia.blogspot.com 13 Slide 14: 5.a. Key issue : Ownership of Knowledge Knowledge Prospecting versus Knowledge Piracy IPR plays a decisive role Monday, July 26, 2010 http://iplexindia.blogspot.com 14 5.b Balancing of Interests : 5.b Balancing of Interests Monday, July 26, 2010 http://iplexindia.blogspot.com 15 Private Public Producer Consumer Industrialized Economies Developing Economies Monopoly Competition “Private Interest Must Yield Public Good” 5.b Balancing of Interests : 5.b Balancing of Interests Ownership Rights Responsibilities Monday, July 26, 2010 http://iplexindia.blogspot.com 16 5.b. Balancing of Interests cont…. : 5.b. Balancing of Interests cont…. ACCESSIBILITY vis-à-vis AFFORDABILITY Monday, July 26, 2010 http://iplexindia.blogspot.com 17 5.b Balancing of Interests cont…. : 5.b Balancing of Interests cont…. Controlling Counterfeiting …….A never ending challenge Monday, July 26, 2010 http://iplexindia.blogspot.com 18 I have an innovation .... How do I protect it in the market ??? : I have an innovation .... How do I protect it in the market ??? Monday, July 26, 2010 http://iplexindia.blogspot.com 19 Geographical Indications Trademark Trade Secret Copyright DesignRegistration Patent .6 MAIN IP INSTRUMENTS : .6 MAIN IP INSTRUMENTS Trademarks, Trade Names & Services Marks Geographical Indications Trade Secrets and Confidential Information Patents Industrial Designs Layout-designs of Integrated Circuits Plant Varieties Copyrights And Related Rights First seven are also called as Industrial Property Rights Monday, July 26, 2010 http://iplexindia.blogspot.com 20 7. STRATEGIC ELEMENTS : 7. STRATEGIC ELEMENTS Protection Offered By Each One Of The Tools Period Of Validity Geographical Limits Enforcement Features Licensing Issues, Benefit Sharing Other Legal Implications A clear appreciation of these…. Imperative for all IPR players Monday, July 26, 2010 http://iplexindia.blogspot.com 21 7. STRATEGIC ELEMENTS : 7. STRATEGIC ELEMENTS Options available to the IPR Holder Exploit the IPR himself License the IPR to another party (s) with mutually negotiated benefit sharing arrangements Cross License for mutually independent working and / or collaborative working Assign the IPR to another party (s) for an appropriate return Barter rights Establish a franchise system involving other parties Take action against those who infringe his rights Let the rights selectively lapse in certain countries Monday, July 26, 2010 http://iplexindia.blogspot.com 22 : Value Creation ??? Wealth Generation ?? Wealth Realisation ?? Monday, July 26, 2010 http://iplexindia.blogspot.com 23 7. STRATEGIC ELEMENTS Cont.. : 7. STRATEGIC ELEMENTS Cont.. Realising Value Valuation of Knowledge and IPR Licensing of IPR IPR Insurance IPR as a collateral Monday, July 26, 2010 http://iplexindia.blogspot.com 24 7. STRATEGIC ELEMENTS Cont.. : 7. STRATEGIC ELEMENTS Cont.. How does one realise the value of one’s intellectual assets A structured audit is necessary Monday, July 26, 2010 http://iplexindia.blogspot.com 25 7. STRATEGIC ELEMENTS Cont… : 7. STRATEGIC ELEMENTS Cont… IPR Strategies Effective use of International Conventions Strategic options in the statutory provisionse.g. divisional applications, continuation, and continuation in part Extending life of an invention Joint IPR IPR Leveraging IPR Litigation as a strategy Monday, July 26, 2010 http://iplexindia.blogspot.com 26 Beware !!!! : Beware !!!! Premature disclosure of information Seek usage clearance Public Testing of Inventions Monday, July 26, 2010 http://iplexindia.blogspot.com 27 7. STRATEGIC ELEMENTS Cont... : 7. STRATEGIC ELEMENTS Cont... Institutional Imperatives Institutional IPR Policy Integrating IPR into business strategy & project management Effective Use of IPR information Identifying areas of possible infringements Licensing strategy Policing of institutional IP assets Litigation strategy IPR audit Effective utilisation of International Conventions. Monday, July 26, 2010 http://iplexindia.blogspot.com 28 8. INTERNATIONAL FRAMEWORK : 8. INTERNATIONAL FRAMEWORK Paris Convention 1883- Industrial Property Berne Convention 1886- Copyright BIRPI was based on Berne , Switzerland with a staff of seven Madrid Agreement is one of the special arrangement created to standardize the provisions related to Trademarks, approximately thirty nations , the USA not being one of them are party to Madrid Agreement The agreement was completed at the Madrid revision conference of the Paris convention in 1890, and later revised at Stockholm in 1967. (Paris Convention + Berne Convention) Merged in 1893 = United International Bureau for the Protection of Intellectual Property ( BIRPI)= WIPO in 1970 Monday, July 26, 2010 http://iplexindia.blogspot.com 29 Slide 30: 1974 WIPO became a specialized agency of the United Nations system of organisations, with a mandate to administer Intellectual Property matters recognised by the member states of the UN. Today all international applications go to the WIPO which forwards the applications to the designated countries for examination persuant to national law. Monday, July 26, 2010 http://iplexindia.blogspot.com 30 Slide 31: The agreements of the WTO system encompasses trade in goods and services. other areas include Agreements relating to protection of IP and dispute settlement The Trade Related Intellectual Property subjects ( TRIPS Agreements) sets out inter alia, the legal regime governing Patents, Trade marks, Industrial Designs, Copyright, Computer Programmes, Micro Organisms, and Micro Biological Processes. Monday, July 26, 2010 http://iplexindia.blogspot.com 31 The IPR regime is managed by many conventions and agreements, in the world and the TRIPS agreements is the last one in the series of agreement. They are : The IPR regime is managed by many conventions and agreements, in the world and the TRIPS agreements is the last one in the series of agreement. They are Paris Convention for the protection of Industrial Property, 1983 ( revised in 1967 and 1979 Berne Convention for the protection of Literary and Artistic works, 1886 ( last revised in 1971) Madrid Agreement, 1891 Universal Copyright convention 1952 Lisbon Agreement, 1891 Rome convention 1961 Convention establishing the WIPO, 1967 Geneva Convention Treaty on Intellectual Property in respect of Integrated circuits, 1989 and The TRIPs Agreement 1995. Monday, July 26, 2010 http://iplexindia.blogspot.com 32 9. National Regime : 9. National Regime Patent Amendment Act 2005 Trademarks Act, 1999 Design Act 2000 Copyright ( Amendment) Act, 1999 Protection of Plant Varieties and Farmers Rights Act, 2001 Geographical Indications of Goods ( Registration and Protection) Act, 1999 Biological Diversity Act 2002 Semiconductor Integrated Circuits Layout Design Act 2000 Monday, July 26, 2010 http://iplexindia.blogspot.com 33 10. Recent WIPO Case : 10. Recent WIPO Case Mahindra & Mahindra v. Zach Segal, www.wipo.int, August, 12 , 2009. Monday, July 26, 2010 http://iplexindia.blogspot.com 34 Do you have any question? : Do you have any question? Slide 36: Monday, July 26, 2010 http://iplexindia.blogspot.com 36 Thanks You do not have the permission to view this presentation. In order to view it, please contact the author of the presentation.
Introduction to Intellectual Property Law tabrezahmad Download Post to : URL : Related Presentations : Share Add to Flag Embed Email Send to Blogs and Networks Add to Channel Uploaded from authorPOINT lite Insert YouTube videos in PowerPont slides with aS Desktop Copy embed code: (To copy code, click on the text box) Embed: URL: Thumbnail: WordPress Embed Customize Embed The presentation is successfully added In Your Favorites. Views: 1856 Category: Science & Tech.. License: All Rights Reserved Like it (5) Dislike it (0) Added: July 26, 2010 This Presentation is Public Favorites: 1 Presentation Description No description available. Comments Posting comment... By: sasi14 (19 month(s) ago) I want this ppt presentation for my project........... Saving..... Post Reply Close Saving..... Edit Comment Close By: vibhawkumar (21 month(s) ago) Could you kindly share the presentation with me? My email id is vibhaw@yahoo.com. Saving..... Post Reply Close Saving..... Edit Comment Close By: pranali933 (22 month(s) ago) can u plz send me the same on my id pranali_in@yahoo.co.in Saving..... Post Reply Close Saving..... Edit Comment Close Premium member Presentation Transcript Slide 1: 4711 (Cologne) Intellectual Property Law Dr. Tabrez Ahmad http://iplexindia.blogspot.com 1 Website: www.site.technolexindia.com Blog: http://iplexindia.blogspot.com http://www.authorstream.com/User-Presentations/tabrezahmad/ Slide 2: Monday, July 26, 2010 http://iplexindia.blogspot.com 2 Slide 3: All rights and IPRs in the e-contents of various power point presentation slides/syllabus/pages are reserved in favour of Dr. Tabrez Ahmad and any violation will result in prosecution."Prior Written Affirmative Permission" is required before dealing with or using of any part of the e-contents in any manner whatsoever.© Monday, July 26, 2010 http://iplexindia.blogspot.com 3 Must do before starting the course : Must do before starting the course Collect IPR syllabus from KLS Library Purchase an IPL Bare Act Get membership http://groups.google.co.in/group/iprkls Become follower of the Blog: http://iplexindia.blogspot.com Monday, July 26, 2010 http://iplexindia.blogspot.com 4 Agenda : CONCEPT OF PROPERTY & INTELLECTUAL PROPERTY IP UBIQUITOUS IN LIFE RATIONALE BEHIND IP PROTECTION OF IP BY PRIVATE AND PUBLIC DEBATE NATURE OF IPRs MAIN IP INSTRUMENTS STRATEGIC ELEMENTS INTERNATIONAL FRAMEWORK NATIONAL REGIME RECENT WIPO CASE of Mahindra & Mahindra v. Zach Segal. Monday, July 26, 2010 http://iplexindia.blogspot.com 5 Agenda CONCEPT OF PROPERTY INTELLECTUAL PROPERTY : CONCEPT OF PROPERTY INTELLECTUAL PROPERTY Natural object becomes a resource when it satisfies a human want A resource possessed and owned becomes a property Traditional property have bundle of legal rights linked to ownership and possession of an item (Tangible: related to physical objects) Intellectual Property is intangible property Monday, July 26, 2010 http://iplexindia.blogspot.com 6 CONCEPT OF INTELLECTUAL PROPERTY Cont… : CONCEPT OF INTELLECTUAL PROPERTY Cont… Concept of Private Property and Freedom of contract Private property and contract Right to property and Indian constitution Freedom of Contract Monday, July 26, 2010 http://iplexindia.blogspot.com 7 CONCEPT OF INTELLECTUAL PROPERTY : CONCEPT OF INTELLECTUAL PROPERTY It is the PROPERTY CREATED BY APPLICATION OF HUMAN MIND and Investment of money, labour and judgment. Intangible (non-physical) in nature- derives value from ideas There is no uniform definition of IP In knowledge age, IP is a key to techno-economic growth Monday, July 26, 2010 http://iplexindia.blogspot.com 8 2. IP UBIQUITOUS IN LIFE : 2. IP UBIQUITOUS IN LIFE Articles of food, furniture, clothing, textiles, cosmetics, pharmaceuticals, entertainment gadgets, machinery, books, etc. are all IP protected. Domain of IP is ever expanding with advent of Technology and Globalization : GI, IC topography are new additions, Traditional Knowledge/Biodiversity are likely additions Monday, July 26, 2010 http://iplexindia.blogspot.com 9 3. RATIONALE BEHIND IP : 3. RATIONALE BEHIND IP The creative activity culminating in IP is necessary for socio-economic progress Material incentives and rewards encourage greater creative activity IP rights grant monopoly through contract with the Govt. to ensure rewards The interests of owner and society are balanced by limiting periods of monopoly with obligation to disclose and remedies against abuse of rights Disclosure brings knowledge in public domain Monday, July 26, 2010 http://iplexindia.blogspot.com 10 4. PROTECTION OF IP BY PRIVATE AND PUBLIC DEBATE : 4. PROTECTION OF IP BY PRIVATE AND PUBLIC DEBATE Why govt. is required to protect IP Whether govt. is really able to protect IPRs Whether we require IPR govt. offices. Why not only Private Protection Monday, July 26, 2010 http://iplexindia.blogspot.com 11 5. Nature of IPRs : 5. Nature of IPRs Key issues Balancing of Interests Monday, July 26, 2010 http://iplexindia.blogspot.com 12 5. NATURE OF IPRs : 5. NATURE OF IPRs Essentially negative rights to stop others from copying or counterfeiting In patents, being first with an invention pre-empts any right of another making same invention independently. In copyrights, the right is diluted as right is over the form of expression and not over idea. IPRs being statutory rights are legally enforceable. They are territorial in nature. Monday, July 26, 2010 http://iplexindia.blogspot.com 13 Slide 14: 5.a. Key issue : Ownership of Knowledge Knowledge Prospecting versus Knowledge Piracy IPR plays a decisive role Monday, July 26, 2010 http://iplexindia.blogspot.com 14 5.b Balancing of Interests : 5.b Balancing of Interests Monday, July 26, 2010 http://iplexindia.blogspot.com 15 Private Public Producer Consumer Industrialized Economies Developing Economies Monopoly Competition “Private Interest Must Yield Public Good” 5.b Balancing of Interests : 5.b Balancing of Interests Ownership Rights Responsibilities Monday, July 26, 2010 http://iplexindia.blogspot.com 16 5.b. Balancing of Interests cont…. : 5.b. Balancing of Interests cont…. ACCESSIBILITY vis-à-vis AFFORDABILITY Monday, July 26, 2010 http://iplexindia.blogspot.com 17 5.b Balancing of Interests cont…. : 5.b Balancing of Interests cont…. Controlling Counterfeiting …….A never ending challenge Monday, July 26, 2010 http://iplexindia.blogspot.com 18 I have an innovation .... How do I protect it in the market ??? : I have an innovation .... How do I protect it in the market ??? Monday, July 26, 2010 http://iplexindia.blogspot.com 19 Geographical Indications Trademark Trade Secret Copyright DesignRegistration Patent .6 MAIN IP INSTRUMENTS : .6 MAIN IP INSTRUMENTS Trademarks, Trade Names & Services Marks Geographical Indications Trade Secrets and Confidential Information Patents Industrial Designs Layout-designs of Integrated Circuits Plant Varieties Copyrights And Related Rights First seven are also called as Industrial Property Rights Monday, July 26, 2010 http://iplexindia.blogspot.com 20 7. STRATEGIC ELEMENTS : 7. STRATEGIC ELEMENTS Protection Offered By Each One Of The Tools Period Of Validity Geographical Limits Enforcement Features Licensing Issues, Benefit Sharing Other Legal Implications A clear appreciation of these…. Imperative for all IPR players Monday, July 26, 2010 http://iplexindia.blogspot.com 21 7. STRATEGIC ELEMENTS : 7. STRATEGIC ELEMENTS Options available to the IPR Holder Exploit the IPR himself License the IPR to another party (s) with mutually negotiated benefit sharing arrangements Cross License for mutually independent working and / or collaborative working Assign the IPR to another party (s) for an appropriate return Barter rights Establish a franchise system involving other parties Take action against those who infringe his rights Let the rights selectively lapse in certain countries Monday, July 26, 2010 http://iplexindia.blogspot.com 22 : Value Creation ??? Wealth Generation ?? Wealth Realisation ?? Monday, July 26, 2010 http://iplexindia.blogspot.com 23 7. STRATEGIC ELEMENTS Cont.. : 7. STRATEGIC ELEMENTS Cont.. Realising Value Valuation of Knowledge and IPR Licensing of IPR IPR Insurance IPR as a collateral Monday, July 26, 2010 http://iplexindia.blogspot.com 24 7. STRATEGIC ELEMENTS Cont.. : 7. STRATEGIC ELEMENTS Cont.. How does one realise the value of one’s intellectual assets A structured audit is necessary Monday, July 26, 2010 http://iplexindia.blogspot.com 25 7. STRATEGIC ELEMENTS Cont… : 7. STRATEGIC ELEMENTS Cont… IPR Strategies Effective use of International Conventions Strategic options in the statutory provisionse.g. divisional applications, continuation, and continuation in part Extending life of an invention Joint IPR IPR Leveraging IPR Litigation as a strategy Monday, July 26, 2010 http://iplexindia.blogspot.com 26 Beware !!!! : Beware !!!! Premature disclosure of information Seek usage clearance Public Testing of Inventions Monday, July 26, 2010 http://iplexindia.blogspot.com 27 7. STRATEGIC ELEMENTS Cont... : 7. STRATEGIC ELEMENTS Cont... Institutional Imperatives Institutional IPR Policy Integrating IPR into business strategy & project management Effective Use of IPR information Identifying areas of possible infringements Licensing strategy Policing of institutional IP assets Litigation strategy IPR audit Effective utilisation of International Conventions. Monday, July 26, 2010 http://iplexindia.blogspot.com 28 8. INTERNATIONAL FRAMEWORK : 8. INTERNATIONAL FRAMEWORK Paris Convention 1883- Industrial Property Berne Convention 1886- Copyright BIRPI was based on Berne , Switzerland with a staff of seven Madrid Agreement is one of the special arrangement created to standardize the provisions related to Trademarks, approximately thirty nations , the USA not being one of them are party to Madrid Agreement The agreement was completed at the Madrid revision conference of the Paris convention in 1890, and later revised at Stockholm in 1967. (Paris Convention + Berne Convention) Merged in 1893 = United International Bureau for the Protection of Intellectual Property ( BIRPI)= WIPO in 1970 Monday, July 26, 2010 http://iplexindia.blogspot.com 29 Slide 30: 1974 WIPO became a specialized agency of the United Nations system of organisations, with a mandate to administer Intellectual Property matters recognised by the member states of the UN. Today all international applications go to the WIPO which forwards the applications to the designated countries for examination persuant to national law. Monday, July 26, 2010 http://iplexindia.blogspot.com 30 Slide 31: The agreements of the WTO system encompasses trade in goods and services. other areas include Agreements relating to protection of IP and dispute settlement The Trade Related Intellectual Property subjects ( TRIPS Agreements) sets out inter alia, the legal regime governing Patents, Trade marks, Industrial Designs, Copyright, Computer Programmes, Micro Organisms, and Micro Biological Processes. Monday, July 26, 2010 http://iplexindia.blogspot.com 31 The IPR regime is managed by many conventions and agreements, in the world and the TRIPS agreements is the last one in the series of agreement. They are : The IPR regime is managed by many conventions and agreements, in the world and the TRIPS agreements is the last one in the series of agreement. They are Paris Convention for the protection of Industrial Property, 1983 ( revised in 1967 and 1979 Berne Convention for the protection of Literary and Artistic works, 1886 ( last revised in 1971) Madrid Agreement, 1891 Universal Copyright convention 1952 Lisbon Agreement, 1891 Rome convention 1961 Convention establishing the WIPO, 1967 Geneva Convention Treaty on Intellectual Property in respect of Integrated circuits, 1989 and The TRIPs Agreement 1995. Monday, July 26, 2010 http://iplexindia.blogspot.com 32 9. National Regime : 9. National Regime Patent Amendment Act 2005 Trademarks Act, 1999 Design Act 2000 Copyright ( Amendment) Act, 1999 Protection of Plant Varieties and Farmers Rights Act, 2001 Geographical Indications of Goods ( Registration and Protection) Act, 1999 Biological Diversity Act 2002 Semiconductor Integrated Circuits Layout Design Act 2000 Monday, July 26, 2010 http://iplexindia.blogspot.com 33 10. Recent WIPO Case : 10. Recent WIPO Case Mahindra & Mahindra v. Zach Segal, www.wipo.int, August, 12 , 2009. Monday, July 26, 2010 http://iplexindia.blogspot.com 34 Do you have any question? : Do you have any question? Slide 36: Monday, July 26, 2010 http://iplexindia.blogspot.com 36 Thanks