intellectual property rights
TRANSCRIPT
MAHARISHI ARVIND INSTITUTE OF ENGINEERING. & TECHNOLOGY
APOWER POINT PRESENTATION
Intellectual Property Rights
European Union
On
Submitted in partial fulfillment of the requirement ofthe award of the degree of
Undertaken by:
Sumit Dayama
B.Tech, VIIIth Semester
Session: 2014-15
Submitted to:
Ms. Pratibha Sharma
Seminar Cordinator at
MAIET
Bachlelor of Technology(B.Tech)
1
Countries Under European Union
Austria,
Belgium,
Bulgaria,
Croatia,
Republic of Cyprus,
Czech Republic,
Denmark,
Estonia,
Finland,
France,
Germany,
Greece,
Hungary
Ireland
• Italy,
• Latvia,
• Lithuania,
• Luxembourg,
• Malta,
• Netherlands,
• Poland,
• Portugal,
• Romania,
• Slovakia,
• Slovenia,
• Spain,
• Sweden and
• the UK.
2
Intellectual Property Rights
Intellectual Property is a property that arises from the human intellect. It is a product of
human creation. It refers to the creation of the mind: inventions, literacy, designs and
artistic works.
Intellectual Property comprises 2 distinct forms:
* Literary & Artistic Works(copyright Property)
* Industrial Property
.
3
“Literacy And Artistic Work”
They are books, paintings, musical compositions, plays,
movies, radio/tv programs, performances, & other artistic
works.
Protected by “COPYRIGHT”
4
Industrial Property 5
Industrial Property describes physical matter that is the product of an idea or
concept for commercial purposes.
How are they Protected ?
* By Trademarks
* By Industrial Designs
* By Trade Secrets
* By Layout-designs
World Inllectual Property Organization
WIPO ( World Intellectual Property Organization ) was established by the WIPO
Convention in 1967
The WIPO is a specialized agency of the United Nations.
It promote the protection of IP throughout the world.
Its headquarters are in Geneva, Switzerland
6
Patents 8
A Patent is a set of exclusive rights granted by a sovereign state to an
inventor or assignee for a limited period of time in exchange for
detailed public disclosure of an invention
It is covered under the Act called the Patents Act, 1970
[Amended by Patents Act, 2005]
• It shall come into force on such date as the Central Government may
publish, by notification in the Official Gazette.
Copyright 9
Copyright is a legal right created by the law of a country that grants the creator of an
original work exclusive rights to its use and distribution, usually for a limited time, with
the intention of enabling the creator to receive compensation for their intellectual
effort.
Duration of Copyright:
• Copyright in a literary work, lasts for the-
• Author’s lifetime plus 50 years from the end of
• The calendar year in which the author dies
• 50 years for films and sound recordings
• 25 years for typographical arrangements of a published edition
Copyright Act: Section 107
Overview
“ … the fair use of a copyrighted work, including such use by
reproduction in copies or phonorecords or by any other means
specified by that section, for purposes such as criticism, comment,
news reporting, teaching (including multiple copies for classroom
use), scholarship, or research, is not an infringement of copyright
…”
10
Trademark
DEFINITION
A symbol, word, phrase, logo, or combination of these that legally distinguishes one
company's product from any others. Any infringement on a trademark is illegal and
therefore grounds for the company owning the trademark to sue the infringing party.
The unauthorized usage of trademarks by producing and trading counterfeit
consumer goods is known as brand piracy.
The owner of a trademark may pursue legal action against trademark
infringement
11
Plant Variants
These are rights granted to the breeder of a new variety of plant
that give the breeder exclusive control over the propagating
material (including seed, cuttings, divisions, tissue culture) and harvested material (cut flowers, fruit, foliage) of a new variety for a
number of years.
The grant of protection can last for 25 years (as long as you pay an
annual fee) and the plant variety is your personal property.
12
Protected rights In European Union
The following rights are protected by European Union law:
right of reproduction for authors, performers, producers of phonograms and films and broadcasting organisations.
right of communication to the public for authors, performers, producers of phonograms and films and broadcasting organisations.
right of fixation for performers and broadcasting organisations.
right of broadcasting for performers, producers of phonograms and broadcasting organisations
Duration of protection
• The rights of authors are protected within their lifetime and for seventy
years after their death.• The rights of performers last for 50 years.
13
Remedies for Patent Infringement
• A suit can lie in the District or High court ,
• It may issue an injunction
either to prevent the infringer from any
further use
& award damages to the patent owner or
will pay the patent owner royalties for
further use.
14
CONCLUSION 15
Create yourself, rather than using other’s creations
Do not use competitor’s mark in such way that it harms competitor
in unfair way
No comparisons that are likely to cause confusion