IPRIntellectual Property Rights

Intellectual PropertyIntellectual Property is a property that arises from the human intellect. It is a product of human creation.

ORIntellectual Property is the creation of the human intellectual process and is therefore the product of the human intellect or mind.

IntroductionIP - Refers to creations of the mind:InventionsLiterary workArtistic works Symbols, Names, Images, and Designs used in commercial activities

Intellectual PropertyIndustrial property PatentsUtility ModelsIndustrial DesignsTrade SecretsTrade and Service MarksGeographical IndicationsLayout Designs of Integrated Circuits Copyrightliterary and artistic works; novels, poems, plays, films, musical works, drawings, paintings, photographs, sculptures, and architectural designsrelated rights - performing artists, producers of phonograms, broadcasters of radio and television programsOther Design protection - Vessel Hull Design Protection ActComputer programs - Semiconductor Chip Protection Act of 1984Plant variety protection - United States Code, Title 7

Intellectual Property

It is an intangible form of property.

It is a personal property.

It is a basic form of property.

It is based on information.

Objects of Intellectual PropertyThe objects of the rights covered by the concept of intellectual property are manifestations of human creativity.

-the form of the work;-the invention; and -the relationship between a symbol and a business.

Protected Intellectual Property

Invention by a patent or as trade secret.Utility models by a certificate or secret.Industrial Design by a certificate.Trade and Service Mark by a certificate.Copyright by reducing to a fixed form.

Why protect intellectual property?Protection of IP rights is an incentive to human creativityPromotes respect for individual artists, and enables them to earn livelihoods Prevents infringement and free ridingIP serves as an instrument for cultural, social, economic and technological developmentNew creativity helps create sustainable and competitive businesses locally and internationally IP-based industries contribute significantly to national economiesIP gaining importance in todays information societyProtect investment in time, money or other resources used to create new contribution to technology, commerce and entertainmentGovernments encourage Creators to disclose their creations to the public in order to promote the progress of science and useful arts which are the engines of development- investors demand this guaranteeAttracts investment that will create new jobs and opportunities.

What is the intellectual property system?Internationaltreaties e.g., copyright treaties include:

- Berne Convention for the Protection of Literary and Artistic Works (1967, revised 1971)- WIPO Copyright Treaty & WIPO Performers and Phonograms Treaty Nationalterritorial copyright, patents, trademark laws e.g., Copyright Law of the Peoples Republic of China 1990 (effective June 1, 1991) and Regulations (by National Copyright Administration)Enforcement mechanisms (courts, customs..)

Who manages the intellectual property system?Public Sector (WIPO, Government Copyright Offices, Courts)Private Sector (Industry associations, collecting societies, IP-based industries, lawyers)Academic (Universities)Research & Development InstitutionsIndividuals - you!

What is WIPO?World Intellectual Property OrganizationUnited Nations specialized agencymembers - 183 Member Statesobservers - 222 non-governmental organizations, 66 international organizations938 staff membersbased in Geneva (offices in New York, Brussels and Singapore)

What is WIPOs purpose? Convention Establishing the World Intellectual Property Organization (Stockholm, July 14, 1967)entered into force in 1970, amended 1979WIPOs mission to promote the protection of intellectual property throughout the world through cooperation among States in order to encourage creativity and innovationAgreement between the United Nations and WIPO (1974) WIPOs purpose is the promotion of creative intellectual activity and the facilitation of the transfer of technology related to intellectual property to the developing countries in order to accelerate economic, social and cultural development (article 1)

WIPOs main activitiesNormsetting treaty-making processes Providing international IP services to private sectorregistration services for patents, trademarks and designsdispute resolution (WIPO Arbitration & Mediation Center)Enhancing access to the IP systemassists developing country members, as well as small and medium-sized enterprises to use IP as a tool for economic developmentdistance learning programs (WIPO Worldwide Academy)seminars, conferences, studies and documents

International copyright policy-makingTraditional treaty-makingWIPO administers 23 international treaties 10-15 years to develop (fast-tracked 6 years)New stakeholders greater public involvement in IP (as creators, distributors and consumers)greater value and investment in IP as intellectual capital in the knowledge societyNew processessoft law, best practices, joint recommendations..

IP in the Information SocietyEmergence of digital technologiesPre Internet.. (World Wide Web)Post Internet?Scale & speedinformation society knowledge economy Internet as a source of information

network of networks a communication channelvalue in intangiblesbusiness assets intellectual, as opposed to physicalInternet as a tool for IP owners & users

IP in the Computer SocietyComputing and Security PolicyEvery organization that depends on computers should have a computing policy. At the most basic level, a computing policy can be the acceptable usage policy that lists the dos and don'ts of computer and network usage. Computer Security PolicyComputer security policy is a subset of an organization's computing policy. It must seek to preserve the six security fundamentals confidentiality, integrity, authenticity, availability, utility and possession of your organization's information. E-Mail OwnershipE-mail is a company resource. It is not an employee right; rather e-mail is a privilege and a service provided by the organization. Computing policy should have provisions defining acceptable e-mail use. Policy should also define disciplinary actions for e-mail abuse.

S/W PiracyAs per the fifth annual BSA and IDC global software piracy study published in March 2008, India's piracy rate dropped two percentage points to 69 percent as a result of government and industry education and enforcement efforts, software vendor activation controls, and an increase in PC market share by multinational vendors. The report titled 'BSA/IDC 2007 Global Piracy Study' highlights the fact that dealing with software piracy is still a challenge in emerging markets.

Anti-Piracy Activities NASSCOM on its part has launched many initiatives to deter and discourage piracy over the past few years. Some of these include:Removal of import duty on software Extensive Media campaign against piracy Software Management Seminars for EDP managers at metro cities Strict implementation of Code of Conduct for member companies of NASSCOM Awareness and training programs for police officers and law enforcement authorities Distribution of brochures and stickers explaining about "Software Piracy and the Law" Anti-Piracy Billboards, Hotline for piracy complaintsThe Government as well as the police and judiciary are helping and supporting the NASSCOM anti-piracy drive in various ways; amendments in the Copyright Act; training of the police; conducting raids and training of the judiciary

Challenges to IPGlobal medium (Internet) & territorial lawsDigitizationIP ideally suited to digitization intangibles perfect, instant, infinite copiesglobally distributed, transient, changeableworldwide piracy as bandwidth increases, in music, software and film industries

870 million infringing copyright music files online (Jan 2005)90% of files shared over P2P are unauthorized400,000 - 600,000 illegal film downloads per dayRIAA commenced over 13,000 individual law suits against alleged illegal file-sharers

IPR - copyrightCopyright protects:written works (books, speeches, magazines)musical works, dramatic & choreographic works (songs, operas, musicals, dance mime)artistic works and architectural works (photographs, cartoons, paintings, sculptures)photographic worksgraphic works (engineering drawings and product designs)films and multimedia products (video games) computer software ...

Copyright...Copyright does NOT protect:ideasworks prohibited by lawGovernment documentsnews on current affairscalendars, numerical tables and formulasexercise of copyright in violation of the Chinese Constitution or in prejudice of the public interest

Copyright works for businesscopyright as a commercial asset to earn incomeprotection for emerging technologiesmanagement of use of others copyright worksuse copyright as security to gain credit and financingcopyright protection for marketing and advertisingsale or licensing of copyrightuse of copyright in the public good copyright for social, cultural and economic development (narrow the content divide)

What rights does copyright give?Right of publication (to decide whether to make the work available to the public)Right of authorship (to claim authorship and have your name connected to the work)Right of alteration (to change or authorize someone else to change your work)Right of integrity (right to protect your work against distortion or mutilation)Right of exploitation and remuneration (right to reproduce, perform, broadcast, exhibit, distribute, adapt, translate, annotate or compile, or authorize someone else to do so, and to be paid for those actions)

Conditions of copyrightTo be protected by copyright:work must be originalregardless of quality or artistic meritfixed in some material formautomatic (no formalities required such as registration)since 1994, voluntary registration of works with local copyright administration as evidence of ownership in case of disputesHow long does copyright last?rights of authorship, alteration, and integrity are foreverother rights last for the life of the author + 50 years (or for some works, 50 years from date of publication)

Conditions ...Exceptions & limitations to copyrightallow a copyright work to be used without permission or payment to the owner, provided the name and title of the work is mentionedaim is to preserve the balance in copyright system between private rights to control creative works, and the public interest in sharing of creativity and informationlaw provides exceptions for study and research, private entertainment, quotation, reporting current events, free live performances, some translations into minority languages ...also photographing an artistic work located in a public place

How can copyright be used?Sell the original works, or copies

License your economic rights (give permission to someone to copy or otherwise use the work on certain terms)exclusively or non-exclusivelyall rights reserved, or few rights reserved e.g., Creative Commons (www.creativecommons.org)

Sell (assign) your copyright over the works - partly or completely

Enforcement of copyrightInfringement occurs if someone, without authorization, performs an act over which the copyright owner has the rightsCopyright law imposes civil liability (stop the act, remedy the damage, make a public apology, pay compensation)Infringements include: copying your work without consent, publishing the work under their name, exhibiting, distributing or adapting the work without consent, exploiting the work without paymentCopyright disputes can be settled:in the courtsusing alternative dispute resolution (arbitration, mediation)