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Slide 2 Slide 3 Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish. Slide 4 INTELLECTUAL PROPERTY RIGHTS Using the unique quality of applying ones mind or intellect Give rise to an a good/article capable of being owned by that person Given by the law to be able to protect ownership in those articles and enforce against those who violate them (Labour) Slide 5 Intellect GoodwillInCommerce InnovativeAndNovel MechanicalAnd Employed Intellect CreativeAndOriginal Literary/Artistic Work InventionInvention CopyrightCopyright PatentPatent TrademarkTrademark Brand/Name/Symbol/LogoBrand/Name/Symbol/Logo Slide 6 Slide 7 Slide 8 Copyright is a negative right granted by the government of a country to the creator of an original work. It is purely a creation of statute and its application is territorial in nature. An original work does not need to be novel (as is required to be an invention), it is only required to be an original creation by the author as a direct result of her intellectual effort. Copyright holder gets the exclusive right to inter alia reproduce, distribute, sell and give for hire the copyrighted work She can also license or assign all these rights to another person(s) in exchange for royalty or for a lump sum amount Slide 9 Literary Works Artistic Works Cinematograph Films Computer Programs/ Software Music and Sound Recordings Slide 10 The Earliest recorded case-law on copyright was from Ireland. The Cathach is the oldest Irish manuscript of the Psalter. It was traditionally ascribed to Saint Columba as the copy of psalter lent to St. Columba by St. Finnian. Dispute arose about the ownership of the copy and King Diarmait Mac Cerbhaill gave the judgement: "To every cow belongs her calf, therefore to every book belongs its copy." Slide 11 An act of Parliament of Great Britain. An act of Parliament of Great Britain. First statute for copyright provided by government First statute for copyright provided by government States the nature of copyright. States the nature of copyright. RIGHT GRANTED: To copy, to have sole control RIGHT GRANTED: To copy, to have sole control over printing and re-printing of books. Slide 12 Most extensions to Copyright law are based on the Statute of Anne. Exhaustion and Parallel Import : In 1739, provisions made to prohibit import of foreign books and books that were originally published in Britain and cheap copies of those were made and shipped from other countries to Britain and Wales. Subject Matter of copyright law was expanded. Engravings, cloth, sculptures, performance of music and plays were included. Thomas Noon Talfourd proposed to extend term of copyright for life plus 60 years. The proposition was rejected. Slide 13 1. Berne Convention for the Protection of Literary and Artistic Works, an international agreement accepted in Berne, Switzerland, 1886. 2. Agreement required members to provide for strong minimum standards of copyright law. Internationalized Copyright among signatories. 3. Protection under the convention applies to nationals of signatory country. Slide 14 1. The Berne Convention followed the footsteps of Paris Convention for Protection of Industrial Property, 1883. 2. In 1893, the administrative bureau of the two conventions merged and formed the United International Bureaux for the protection of Intellectual Property (BIRPI). 3. In 1967, it became the World Intellectual Property Organisation (WIPO), and in 1974, became an organisation within the United Nations. Slide 15 The Nature of Copyright BUNDLE OF RIGHTS Right to reproduction of work. Communication and distribution of work to public. Translation of work. Adaptation of work. Protection and Remedy Against Infringement Slide 16