An Introduction to Intellectual Property: A Brief Overview

This presentation offers a concise introduction to intellectual property (IP), explaining the various forms of IP protection and their importance in today’s world. Intellectual property refers to creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce. The presentation will cover the key types of IP, including patents, trademarks, copyrights, and industrial designs, along with the role they play in promoting innovation, protecting creators' rights, and fostering economic growth. Attendees will also gain an understanding of how IP rights are granted, protected, and enforced across different industries.

1. INTELLECTUAL PROPERTY LAW

2. PROPERTY

3. KNOWLEDGE IS POWER KNOWLEDGE IS TOOL FOR DEVELOPMENT KNOWLEDGE IS MONEY IT HAS TO BE PROTECTED

4. WHAT IS IP?

5. INTELLECTUAL PROPERTY RIGHTS

6. ONE PRODUCT, MANY IP!!!

7. WHY LEARN IP LAW

8. IMPORTANCE OF IPR Intellectual Property Rights plays a significant role in protecting your creativity and innovation It is important for enhancing your business IP is wealth which can be stolen easily, so needs to be protected!! https://www.youtube.com/watch?v=G79yiNANWZU&t=7s

9. Course Educational Objectives To understand the basic concepts of IPR. To acquire skills in applying the IPR Law in several practical ways. To acquaint the students with the registration of different kinds of IPR applicable across several skill sectors. To analyze the recent amendments dealing with IPR Legislations Evaluate as against other the international legal framework related to IP protection and articulate the problem areas for the deficiency. Propose a solution to the existing IP problems in India.

10. syllabus Unit – 1 Introduction - Concept of Intellectual Property-and its characteristics and nature of intellectual property right justifications for protection of IP and harmonization; International Conventions of IPRs; Types of IPRs; WTO, TRIPs; Theories of IPR:- i . Natural Theory. (ii) Hegelian Philosophy (Personality Theory) iii. Lockes ' Theory Of Property (Labour Theory) Iv. Social Contract Theory . Economic Theory, IP- relation with Competition law, Trade law and other multi-disciplinary areas. Unit – 2 Patents - Indian Patents Act, 1970- Meaning Criteria for obtaining patents , Patent Search, Procedure for registration; Specification; Term of patent, rights of Patentee; Transfer, Revocation and Surrender of Patents; Infringement of Patents and Remedies for infringement; Basic concept of Voluntary and Compulsory license, parallel import, process product patents, Govt. use of Patents for Public purpose, Dispute resolution bodies national and International. Unit – 3 Trade Marks - Trade Marks Act, 1999 - Functions of Trademarks; Categories of Trademark: Certification Mark, Collective Mark and Well known Mark and Non-conventional Marks, Service marks, Classification of goods and Service; Registration of Trademarks; Doctrine of distinctiveness; Absolute and relative grounds of refusal Doctrine of honest concurrent user Infringement of Trademarks;, Remedies; Licensing in trademarks – Deceptive Similarity and passing off, Border measures and Trademark protection Domain name registration, Domain Name Disputes & WIPO. Geographical Indication; Difference between GI and Trade Marks , Concept of Authorized user, Homonymous GI, Geographical Indication of Goods 141 (Registration and Protection) Act, 1999 - Infringements and Remedies, Adjudication authorities in dispute resolution

11. syllabus Unit – 4 Copyright - Copyright Act 1957 - Characteristics; works protected under-copyright - Literary works; Dramatic, musical & amp; artistic works; Architecture, cinematograph film & sound recording; Author and ownership of Copyright; Rights conferred by Copyright; Term of Copyright; Infringement and Remedies for Infringement; Performers' Right; Publication Copyright issues in digital era, Software Piracy, Copy left. Unit – 5 Designs - Design Act, 2000 - Registerable designs; Procedure for Registration; Piracy of a design; The Semiconductor Integrated Circuits Layout Designs Act, 2000; The Plant Varieties and Farmers' Rights Act, 2001; National Register of Plant Varieties. Trade secret , Meaning , Criteria of Protection, Traditional Knowledge, e-Protection of Traditional Knowledge.

12. HISTORICAL BACKGROUND 500 BCE- -when Sybaris, a Greek state, made it possible for citizens to obtain a one year patent for “any new refinement in luxury.” 1474-Venetian Patent Statute

13. 1623-- Statute of Monopolies Origin from letters patent 14 years protection 1710-Statute of Anne Provided a 14 year term of protection. It also gave option of seeking a 14 year renewal term. Aimed largely at copyrights, this law granted authors rights in the recreation and distribution of their work. Late 1800’s- Global Intellectual Property Development

14. Global intellectual property development 1883 - The Paris Convention for the Protection of Industrial Property 1886 - The Berne Convention for the Protection of Literary and Artistic Works 1891 - Madrid Agreement Concerning International Registration of Marks 1893 - United International Bureaux for the Protection of Intellectual Property (Precursor of WIPO) Paris Convention and Berne Convention merged 1994 -The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)

15. 1883 - The Paris Convention for the Protection of Industrial Property Industrial rights; Patents, Trademarks and design rights 1883 Last amendment : 1979 177 members Basic principles: P rinciple of national treatment (nondiscrimination) Rule of priority Common rules

16. 1886 - The Berne Convention for the Protection of Literary and Artistic Works Intellectual rights; Literary and Artistic Works 1886 Last amendment : 1979 179 members Basic principles: P rinciple of national treatment (nondiscrimination) Principle of automatic protection Principle of Independence of Protection

17. WIPO

18. STRATEGIC goals of wipo Balanced Evolution of the International Normative Framework for IP Provision of Premier Global IP Services Facilitating the Use of IP for Development Coordination and Development of Global IP Infrastructure World Reference Source for IP Information and Analysis International Cooperation on Building Respect for IP Addressing IP in Relation to Global Policy Issues A Responsive Communications Interface between WIPO, its Member States and All Stakeholders An Efficient Administrative and Financial Support Structure to Enable WIPO to Deliver its Programs

19. 1994 -The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement on Trade-Related Aspects of Intellectual Property Rights 1994 Background; negotiations in GATT WTO (164 members) established in 1993 and TRIPs entered into force in1995 Minimum requirements to national legislation on IPR and enforcement of IPR scope is to bring up level of protection in developing countries

20. TRIPS PART I-GENERAL PROVISIONS AND BASIC PRINCIPLES PART II STANDARDS CONCERNING THE AVAILABILITY, SCOPE AND USE OF INTELLECTUAL PROPERTY RIGHTS 1.Copyright and Related Rights (Art. 9-14) 2. Trademarks (Art. 15-21) 3. Geographical Indications (Art. 22-24) 4. Industrial Designs (Art. 25-26) 5. Patents (Art. 27-34) 6. Layout-Designs (Topographies) of Integrated Circuits (Art. 35-38) 7. Protection of Undisclosed Information (Art. 39) 8. Control of Anti-Competitive Practices in Contractual Licences (Art. 40)

21. PART III-ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS PART IV- ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS AND RELATED INTER-PARTES PROCEDURES PART V -DISPUTE PREVENTION AND SETTLEMENT PART VI-TRANSITIONAL ARRANGEMENTS PART VII INSTITUTIONAL ARRANGEMENTS; FINAL PROVISIONS

22. COPYRIGHT-INTERNATIONAL CONVENTIONS Berne Convention 1886 Universal Copyright Convention, 1952 Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, 1961 TRIPS Agreement 1994 WIPO Copyright Treaty 1996 WIPO Performances and Phonograms Treaty 1996 Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities, 2013

23. PATENTS-INTERNATIONAL CONVENTIONS Paris Convention 1883 Patent Co-operation Treaty 1970 Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, 1977 TRIPS

24. TRAdemarks -INTERNATIONAL CONVENTIONS Paris Convention 1883 Madrid Agreement Concerning the International Registration of Marks (1891) Madrid Protocol 1989

25. Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (1957) Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks (1973) TRIPS

26. Geographical indications The Paris Convention for the protection of industrial property of 1883 The Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods of 1891 Lisbon Agreement for the protection of Appellations of origin and their International Registration of 1958 TRIPS

27. Industrial designs Paris Convention for the Protection of Industrial Property, 1883 The Hague Agreement Concerning the International Deposit of Industrial Designs, 1925 Locarno Agreement Establishing an International Classification for Industrial Designs, 1968 TRIPS

28. PLANT VARIETIES  International Convention for the Protection of New Varieties of Plants (UPOV 61).

29. Semiconductor Integrated Circuits Layout Design Washington Treaty on Intellectual Property in Respect of Integrated Circuits, 1989 Not in force but partially integrated in Article 35 of TRIPS

30. CONFIDENTIAL INFORMATION TRIPS Paris Convention