INTELLECTUAL PROPERTY RIGHTS

Assignment 1Advance Professional Practice

By: Deeksha Shukla Priyal Maheshwari Poloumi Mandal Toshi Mahto

What is Intellectual Property? 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 It enable people to earn recognition or financial

benefit from what they invent or create IP system aims to foster an environment in which

creativity and innovation can flourish

What are intellectual property rights?

Rights which allow creators, or owners, of patents, trademarks or copyrighted works to benefit from their own work or investment in a creation

These rights are outlined in Article 27 of the Universal Declaration of Human Rights

Provides for the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary or artistic productions

IP was first recognized in the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886)

Both treaties are administered by the World Intellectual Property Organization (WIPO)

Types of intellectual property

Copyright

Patents

Trademarks

Industrial designs

Geographical indications

Copyright: • it is a legal term used to describe the rights that

creators have over their literary and artistic works• Works covered by copyright range from books,

music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings

Patents:• A patent is an exclusive right granted for an

invention• a patent provides the patent owner with the right

to decide how - or whether - the invention can be used by others

Trademarks:• A trademark is a sign capable of distinguishing the

goods or services of one enterprise from those of other enterprises

• Trademarks date back to ancient times when craftsmen used to put their signature or "mark" on their products

Industrial designs:• An industrial design constitutes the ornamental or

aesthetic aspect of an article• A design may consist of three-dimensional features,

such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or colour

Geographical indications:• Geographical indications and appellations

of origin are signs used on goods that have a specific geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin

• Most commonly, a geographical indication includes the name of the place of origin of the goods

Why Are Intellectual Property Rights Important? Intellectual property (IP) contributes enormously to

our national and state economies Dozens of industries across our economy rely on the

adequate enforcement of their patents, trademarks, and copyrights, while consumers use IP to ensure they are purchasing safe, guaranteed products

Without protection of ideas, businesses and individuals would not reap the full benefits of their inventions and would focus less on research and development

Similarly, artists would not be fully compensated for their creations and cultural vitality would suffer as a result

We believe IP rights are worth protecting, both domestically and abroad. This is why:

o Intellectual Property Creates and Supports High-Paying Jobs

• IP-intensive industries employ over hundreds of millions of people worldwide.

• Jobs in IP-intensive industries are expected to grow faster over the next decade than the national average.

• The average worker in an IP-intensive industry earned about 30% more than his counterpart in a non-IP industry

• The average salary in IP-intensive industries pay $50,576 per worker compared to the national average of $38,768

o Intellectual Property Drives Economic Growth and Competitiveness

• America’s IP is worth $5.8 trillion, more than the nominal GDP of any other country in the world.

• These industries also have 72.5% higher output per worker than the national average, valued at $136,556 per worker.

• IP accounts for 74% of all U.S. exports- which amounts to nearly $1 trillion.

• The direct and indirect economic impacts of innovation are overwhelming, acounting for more than 40% of U.S. economic growth and employment.

o Strong and Enforced Intellectual Property Rights Protect Consumers and Families

• Strong IP rights help consumers make an educated choice about the safety, reliability, and effectiveness of their purchases.

• Enforced IP rights ensure products are authentic, and of the high-quality that consumers recognize and expect.

• IP rights foster the confidence and ease of mind that consumers demand and markets rely on.

o Intellectual Property Helps Generate Breakthrough Solutions to Global Challenges

• Nearly all of the 300 products on the World Health Organization’s Essential Drug List, which are critical to saving or improving people’s lives around the globe, came from the R&D-intensive pharmaceutical industry that depends on patent protections.

• Innovative agricultural companies are creating new products to help farmers produce more and better products for the world’s hungry while reducing the environmental impact of agriculture.

• IP-driven discoveries in alternative energy and green technologies will help improve energy security and address climate change.

o Intellectual Property Rights Encourage Innovation and Reward Entrepreneurs

• Risk and occasional failure are the lifeblood of the innovation economy.

• IP rights incentivize entrepreneurs to keep pushing for new advances in the face of adversity.

• IP rights facilitate the free flow of information by sharing the protected know-how critical to the original, patented invention.

• In turn, this process leads to new innovations and improvements on existing ones.

Bringing all of these important and diverse points together is the fact that protecting IP is a non-partisan issue that is shared by a broad coalition of interests

These rights are embraced by all sectors of industry—small, medium and large companies alike—and by labor organizations, consumer groups, and other trade associations we bring together

YouTube case study The Delhi High Court passed an order of interim

injunction against YouTube and its parent company Google against the business practice of YouTube of earning profits at the expense of a rightful copyright owner

The suit was filed by T-series in the Delhi High Court The Delhi High Court issued notice and summons

against YouTube and Google passed an interim order restraining them from

reproducing, adapting, distributing, communicating, transmitting, disseminating or displaying on their websites or otherwise infringing in any manner any audio visual works in which the Super Cassettes Industries (hereinafter referred as SCIL) owns exclusive, valid and subsisting copyright

The business model of YouTube allows, encourages and profits from use of copyrighted work uploaded on the website without obtaining any license or permission from the rightful copyright owners and without paying them any royalty

The profits from this business model, which is based on copyright infringement, were enormous

The arguments on the basis of which the injunction order was passed were:

• YouTube and Google profit at SCIL's expense by showing SCIL's songs for free to the public, while displaying advertising on the screen and collecting revenue from the advertisers based on the number of hits on the site

• SCIL’s revenue comes from manufacturing and selling DVDs, CDs and audio cassettes of its copyrighted music and from royalties collected by licensing the copyrighted music to hotels, restaurants, television companies, radio stations, telecom operators and internet websites

• YouTube LLC and its parent, Google Inc., have on their website YouTube.com been showing videos of SCIL’s copyrighted songs without SCIL’s license or permission

The grounds which is highlighted by YouTube to avoid copyright infringement during the hearing are as follows:

• Whenever a user uploads any videos on YouTube the following message appears to avoid copyright infringement “Do not upload any TV shows, music videos, music concerts, or commercials without permission unless they consist entirely of content you created yourself

Google has in the past objected to provisions in India's Information Technology Act 2000 which make intermediaries such as ISPs (Internet service providers), website hosting companies, search engines, e-mail services, and social networks, liable for their users' content

Ironically, many other Internet operations such as MySpace, TorrentSpy, DailyMotion and Break.com have set up filtering systems to block copyrighted material

With the passing of this restraining order, the Google and YouTube to prevent users from uploading T-Series content

The other thing is - if this becomes a permanent injunction, then it sets a precedent in India which will impact other videosharing sites, including Rediff’s

The laws governing the IPR for Indian companies:

Agreement of Trade Related Intellectual Property Rights - better known as TRIP's

to which India is a signatory, is an integral part of WTO and it has an enormous impact on Indian business and trade partnerships

India has complied its obligations by amending the Indian Patents Act twice

 in the Patents Acts there are areas where substantive or procedural amendments could be considered for complying with the TRIPs

Business methods/models or computer programme comprising only of mathematical or scientific principles are not patentable under the present Act

Patents on the other hand are IP created by employees in the course of their employment, but when it comes to the owing of the right to the IP created is on the facts and circumstances of a particular employer-employee relationship

Many Indian Companies have framed an IPR Policy to this effect, but in absence of any such policy the clarity of ownership is again a question mark

Another way by which Indian Companies can benefit monetarily to a large extent is by IP licensing

The strategy of licensing IP is also perhaps the best way for all Indian companies to walk the middle road between services and products specially software

IP can also act as a competitive barrier to stop other companies from targeting your niche domain

Further, the same IP can also be used to provide services in a faster manner, though commercialization and marketing remains the key issue for an IP

Example: need of IPR problem which has been faced by the Community

Radio Rules stations in India there are different kinds of broadcasters are active

but neither in Copyright Amendment Act,2012 nor in Copyrights Rules the distinction is mentioned

There are basically two kinds of stations - Corporate owned FM radio stations and Community radio stations

Both work differently No express distinction has been made between

the commercial radio broadcasters and the community radio broadcasters

Corporate owned station or commercial radio are basically profit oriented and the business is depends upon the paid programs and advertisement

Whereas the community radio stations are different in both ways, in terms of purpose and operating sense and provided only to nonprofit legal entities such as krishi vigyan kendras and educational institutions

The content is basically development These stations normally struggles for financial

sustainability and depends upon small donations from the state, communities and specific agencies

 But this is not the same case with the commercial radio stations

There are also complaints regarding the insufficient compensation/royalty provided to the copyright owner in exchange of their copyright work

The rights of the copyright owners has been denied

The term “exclusive right” which is the basis of the Copyright Act has lost its significance

Such cases require special copy rights acts

Conclusion

A common man comes across intellectual properties from dawn to dusk. From waking up from a Gautier bed, using a comfortable Sleepwell mattress and pillows, having a cup of Taj Mahal Tea, then wearing a Nike track suite and shoes for a morning walk, he deals with these properties. A Modern Bread or Mother Dairy Milk or a cup of Nescafe at the breakfast, going in a Zen car to the office, using a Compaq computer and coming back in a car. In the evening, watching Sony Television and fixing alarm in his/ her Swatch watch to wake-up in the morning, he uses the products which are intellectual properties of some one.

These properties have been covered under a patent or a copy right or a trade mark. Since a common man's life is very closely linked with articles and products which are protected by law under intellectual rights. The copying, imitation, adaptation, and un-authorised reproduction of these things, without the permission of the owner, may amount to a serious offence. Therefore, the knowledge about intellectual property right is must for a common man

I.P.R.

References

http://www.wipo.int/edocs/pubdocs/en/intproperty/450/wipo_pub_450.pdf

http://www.wipo.int/about-ip/en/ http://www.stopfakes.gov/learn-about-ip/ip/importance http://www.legalservicesindia.com/ https://

www.nibusinessinfo.co.uk/content/importance-protecting-intellectual-property

http://www.theglobalipcenter.com/why-are-intellectual-property-rights-important/

https://www.atu.edu/jbao/spring2005/MangalSpring2005.pdf