Introduction To Intellectual Property Rights
- 1. Millions of people toil in the shadow of the law we make, and much of their livelihood is made possible by the existence of intellectual property rights. Alex Kozinski INTRODUCTION TO INTELLECTUAL PROPERTY RIGHTS Presented By Javaria Qadir P r e s e n t e d B y J a v a r i a Q a
- 2. What is INTELLECTUAL PROPERTY It is an Intangible Property that is the result of Creativity. Intangible Property: Describes something which a person or corporation can have ownership of and can transfer ownership to another person or Corporation. But its has no physical substance, E.g. brand, identity, or knowledge.
- 3. Creativity Is the ability to think/come up with new ideas design new innovations produce work of art novel or unconventional approach.
- 4. IPR Requirements INNOVATIVE DEVELOP THROUGH PROCESS INTANGIBLE IPR GIVES RIGHTS OF….. MONOPOLY FOR A SEPCIFIED PERIOD ONUS OF PROOF SHIFTS ON THE OTHER PARTY PRIMA FACIE PRESUMPTION RAISED IN FAVOUR OF REGISTRANT.
- 5. Definition of IP U/s 2(g) of Intellectual Property Right Organization of Pakistan Act 2012 It includes a patent, industrial design, layout-design (topographies) of integrated circuits, copyright and related rights and all other ancillary rights;
- 6. IP = Real Property Like Real Property It can be bought, sold, licensed, exchanged, given away and the owner can prevent unauthorized use.
- 7. WIPO (World Intellectual Property Rights) Self funding agency by UN Establish in 1967 Developing a balance and accessible international intellectual property (IP) system. Helps in protecting rights of creator and owners Currently 186 Member States Core tasks a. Developing international IP laws and standers. b. Encouraging the use of IP for economic development c. Promoting a better understanding of IP d. Providing a forum for debate. TRIPS (Trade Related Intellectual Property Right) Sets down minimum standers for many IPR as applied to all the member nations of the WTO.(World Trade Organization) Came in to force on 1st July 1995 It has expanded the scope of the agreement from Goods To Service and also includes intellectual property. TRIPS contains most of the Berne Convention rules. The Berne Convention however, does not contain all of TRIPS Berne Convention International agreement governing the Area Of Copyrights. Accepted in Berne, Switzerland in 1886. To recognize the work or creation of authors or artist from other signatory countries in the way as it recognizes the work from authors or artist from its country. E.g. French Copyright Law.
- 8. IPR According to WIPO The convention establishing the World Intellectual Property Organization (WIPO), concluded in Stockholm on July 14, 1967 (Art. 2(viii) provides that "intellectual property shall include rights relating to: 1) literary, artistic and scientific works: 2) performances of performing artists, phonograms an broadcasts; 3) inventions in all fields of human behavior; 4) scientific discoveries; 5) industrial designs; 6) trademarks, service marks, and commercial names designations; 7) protection against unfair competition and all other rights resulting from intellectual activity in industrial scientific,
- 9. Need of IPR Encouragement to creativity by ensuring its reward ; If there will be no reward for suffering of creativity no body will ever undertake to bear such intellectual and physical suffering and troubles in this world. Thus, protection of intellectual property rights will encourage intellectual pursuits and efforts due to economic benefits and social recognition.
- 10. Nature of IP Essentially Negative Rights to stop others from copying or counterfeiting; a)In patents, being first with an invention pre- empts any right of another making same invention independently. b) In copyrights ,the right is diluted as right is over the form of expression and not over idea. IPR’s being statutory rights are Legally Enforceable. They are Territorial In Nature; any intellectual property issued should be resolved by national laws.
- 11. Giving an Exclusive Right to the owner. Assignable Intellectual property can be bought, sold, or licensed or hired or attached. Independence Different intellectual property rights subsist in the same kind of object. Most intellectual property rights are likely to be embodied in objects. Subject to Public Policy They are vulnerable to the deep embodiment of public policy. Intellectual property attempts to preserve and find adequate reconciliation between two competing interests. On the one hand, the intellectual property rights holders require adequate remuneration and on the other hand, consumers try to consume works without much inconvenience. Divisible (Fragmentation) Several persons may have legally protected interests evolved from a single original work without affecting the interest of other right holders on that same item. Because of the nature of indivisibility, intellectual property is an inexhaustible resource. This nature of intellectual property derives from intellectual property’s territorial nature. For example, an inventor who registered his invention in Pakistan can use the patent himself in Pakistan and License it in Germany and assign it in France. Also, copyright is made up of different rights. Those rights may be divided into different persons: publishers, adaptors, translators, etc. . Cont.…
- 12. Objectives of IP To protect the rights of the Author, innovators, inventors, research sponsors and the public; To eliminate the infringement, improper exploitation To optimize the environment and incentives for research and for the creation of new knowledge; To promote creativity and innovation To ensure fair and equitable distribution of all benefits accruing from all innovations and inventions.
- 13. Positive Impacts • Encourage individual to innovation • Secure individuals’ IP • Promote individuals’ ability, works and profile. • Helping the monopoly business • Ensuring long term and maximum profits. • Maintaining quality • Ensure original products • Helping to identify the desired sources Negative Impacts • Cause of high price • Affecting higher education of least develop courtiers • Affecting the technological and medical development of LDCs. • Centralizing new innovation. Impacts of IPR
- 15. Source of IP laws At the time of partition, the laws relating to IP which were in force in the country at that time continued to remained in force in Pakistan. These laws included the , Patent Act 1911 Trademark Act 1940 Copy right act 1914 The first two enactments with some amendments remain intact in the country till 2000 but the copyright Act has been supersede and replaced by the Copyright Ordinance 1962.
- 16. IP laws in Pakistan Trademark Ordinance 2001 Trademark Rules 2004. Copyright Ordinance 1962 Copyright Rules 1967 Patent Ordinance 2000 Patent Rules 2003 Registered Industrial Design Ordinance 2000
- 17. One great Benefit When you start a business, you may not consider your business name or logo to be of great value. You may think the “Branding” is only of interest to larger organizations. But from your first day of trading your distinct branding helps to establish your reputation in the market place and permote customers recognition of your products and services. Over time your branding become a business asset that may substantially increase the value of your business.
- 18. Significance of IPR for Business Management Enhancing business profits. Strategic business planning. Preventing infringement. Global partner identification. 100% benefits of R&D at zero cost.
- 19. Useful for Pharmacy Industry Prevent duplication of work. Help researchers to focus on commercially relevant research. Prevent exploitation of work. Important source of technical information. Stimulate creativity. Help in identification of career opportunities. Prevent infringements.
- 20. First recognized in Paris Convention 1883 First recognized In Berne Convention 1886
- 21. Major Types Of IP Purely Artistic Work Copyright A Symbol, logo, word, sound, color, design, etc. Trademark Functional & technical invention Patent
- 22. Trademark
- 23. Different Types Of Trademark
- 24. Patent A patent describes an invention for which the inventor claims the exclusive right. Invention Patentable if…. New Not obvious Pertains to patentable Subject matter
- 25. Youngest Patent-holder Wheelchair bound nine-year old boy has invented a game of Six Player Circular Chess. The boy Hridayeshwar Singh Bhati has got the games design patented in his name.
- 26. Industrial Design An industrial design right is an Intellectual property right that protects the visual design of objects that are not purely utilitarian The pre-requisites for a design to qualify for protection are as follows: It should be Novel And Original It should be Applicable To a Functional Article It should be visible on a Finished Article It should be Non-Obvious There should be No Prior Publication or Disclosure of The Design
- 27. Geographical Indications Name or sign used on goods originating from specific geographical origin or location and possess qualities, reputation or characteristics that are essentially attributable to that place of origin. e.g. Basmati Rice, Paithani Saris, Darjeeling Tea.
- 28. Objectives Customers must not be misled Marking must not be misled No dilution Economic prosperity Protection Mechanism in Pakistan it can be protected as collective mark under Trademark Ordinance 2001.
- 29. Copyright It covers literary works (such as novels, poems and plays),films, music, artistic works (e.g., drawings, paintings, photographs and sculptures) and architectural design. Rights Related To Copyright Include those of performing artists in their performances, producers of phonograms in their recordings, and broadcasters in their radio and television programs. COPYRIGHT AND RELATED RIGHTS
- 30. What is Covered by Copyright?
- 31. What is not protected by copyright Ideas Facts Recipes Name lacking originality (phone book) Name, titles or short phrases.
- 32. What constitute Infringement Any reproduction, use, distribution, performance, etc. of the work without the permission of the owner. An identical or substantial similar reproduction is also covered. Infringement-Damages- Injunction
- 33. Remedies A suit can lie in the district or High Court. It may issue an injunction either to prevent the infringer from any further use & reward damages to the Owner or will pay the owner royalties for further use.
- 34. IP overview Copyrights- Protect create expression Patent- Protect new, non obvious inventions and some designs. Trademark- protect your brand Trade secret – protect ideas, methods, formulas, if kept confidential.
- 35. Thank you for your kind observation……… You can ask any questions related to the topic