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Intellectual Property Rights
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WHAT IS INTELLECTUAL
PROPERTY RIGHTS
Someone who is responsible for a creation of theintellect such as an inventor, Author or originatorcreates intellectual property. Like tangible property ,their creation has a value and, as with all property, itneeds to be protected. Intellectual property rightsgive them this protection, as well as helping themexploit and control Their IP. Such a person is
known as a rights owner or rights holder.Intellectual property refers to creations of the mind ;inventions, Literary and artistic works and symbols,names, images, design used in commerce.
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Classification of IPR
Intellectual property can be characterised as theproperty in ideas or their expression. Its a Creationof the mind, For example, a technologicalinnovation, a poem, or a design. It protects therights of individuals and businesses who have
transformed their ideas into property by grantingrights to the owners of those properties.
Intellectual property can be classified into thefollowing four categories.
Patents. Trademarks.
Copyrights.
Goodwill.
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PATENTIntroduction: According to Indian Patent Act 1970. A patent is the
form of a certificate granted by a government . Patentgives the inventor the right to exclude others from
initiating, manufacturing, using or selling theinvention in question for commercial use during thespecial period. Patent is an exclusive monopoly right.It is granted by government. Inventor make use of
manufacture and market the invention. It is for alimited period of time.
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Continued...The procedure for granting patents, the requirements
placed on the patentee, and the extent of the exclusive
rights vary widely between countries according to
national laws and international agreements. Typically,
however, a patent application must include one ormore claims defining the invention which must meet
the relevant patentability requirements such
as novelty and non-obviousness. The exclusive right
granted to a patentee in most countries is the right toprevent others from making, using, selling, or
distributing the patented invention without
permission.
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Who can apply for Patent?
An inventor.
Person/company legally assigned by the
inventor.
legal representative of any inventor.
Either alone or jointly by above persons.
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Patent Infringement
Making, using or selling a patented invention
(product or process) without permission from
the patent owner is Infringement.
Infringement suit can be filed only after patent
is issued (granted).
Relief includes fine or account of profit.
Use for research purpose is not act of
infringement.
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Trademarks are commercial source indicators
distinctive signs that identify certain goods orservices produced or provided by a specific
person or enterprise. Trademarks are especially
important when consumers and producers are
far away from one another.
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Importance of Trademark
Registration.
Exclusive rights registered trademarks owners
have exclusive right to use their marks in trading.
They also have the rights to take legal action for
infringement under the Trade Mark Law againstothers who use their marks without consent.
Legal Evidence registration certificate issued by
registrar office is a prime evidence of trademarkownership. A certificate of registration serves as
an important document to establish the ownership
of goods exported to other countries.
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Duration of Registration is valid for ten
years from the date of application and may berenewed every ten years.
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Trademark Infringement
Trademark infringement is a violation of theexclusive rights attaching to a trademark
without the authorization of the trademark
owner or any licensees.
Infringement may occur when one party the
infringer uses a trademark which is identical
to a trademark owned by another party.
An owner of a trademark may commence legal
proceedings against a party which infringes its
registration.
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Copyright
According to Indian Copyright Act 1957.Copyright is a legal term describing theeconomic rights given to creators of literaryand artistic works, including the right to
reproduce the work, to make copies and toperform or display the work publicly.
Exclusive privilege to authors to reproduce,distribute, perform, or display their works.
It is usually associated with civil law. In the Copyright Act, there are provisions to
treat all forms of infringement of copyright asoffences.
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copyright protects arrangements of facts, but it
does not cover newly collected facts as such.Moreover, copyright does not protect newideas and processes, they may be protected ifat all by patents.
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Copyright InfringementCopyright infringement is the unauthorized use
of works under copyright . It often refers to
copying intellectual property without written
permission from the copyright holder, which is
typically a publisher assigned by the workscreator.
Infringing the copyright holders exclusive rights
such as the right to reproduce, distribute, displaythe copyrighted work.
Information are spread within copyrighted work.
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Copyright Registration
Copyright registration is not necessary.
Copyright exists from the moment the work iscreated.
However, registration can be beneficial.
Among other things, registration is necessarybefore you can bring a lawsuit for
infringement.
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GOODWILL Goodwill is an accounting concept meaning the value
of an asset owned that is intangible but has aquantifiable "prudent value" in a business forexample a reputation the firm enjoyed with its clients.Goodwill is not acquired until such time as a tradercommences to use his trade name or unregisteredtrade mark in association with the wares or servicesthat he is marketing. The value of goodwill is tied tothe fortunes of the business in terms of its
profitability and cashflow and the value of the net
tangible assets utilized in the business. The value ofgoodwill will therefore fluctuate with theperformance of the business.
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Goodwill is classified as commercial
or personal. Commercial Goodwill:
Commercial goodwill refers to goodwill
which is sellable and which will provide the
investor/purchaser with future economic
benefits. Since the economic benefit
supporting the calculation of commercial
goodwill is transferable to third parties,commercial goodwill is a valid consideration
in the determination of value.
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Personal Goodwill:
Personal goodwill pertains to the favorableattitudes of customers, suppliers, etc., which are
derived from the efforts of a particular individual
in the business. In many cases, personal goodwill
can be transferred to a potential purchaser through
client introductions, and so on. In some cases,
goodwill associated with a particular individual
may also be secured using non-compete contracts,management contracts or other prudent business
arrangements. In these cases, personal goodwill as
it is transferable would be commercial goodwill.
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LEGAL FRAMEWORK
Legal problems :A variety of legal problems arises in prosecuting
internet fraud, These relate to the multiplicity of rulesthat exist in the various jurisdictions and the fact that
many of the rules are complex, Nuclear andContradictory .
Court processes :
There are also numerous problems associated with
conducting criminal trials in cases involvingelectronic fraud. The principal difficulties relate to thepresentation of computerised business and accountingrecords to a court.
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Criminal proceedings undertaken :
Little information is available publiclyconcerning the judicial outcomes of casesinvolving interest fraud in the region as
police and courts generally do not maintainrecords in such a way as to isolate the precisemanner in which fraud offences arecommitted. As such, reliance has to be placed
on anecdotal accounts, such as thosedescribed in the earlier review of the types ofinternet fraud incidents.
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PENALTIES
A penalty is the punishment a person gets for
committing an offence
The Act sets out the maximum penalties for
each offence in section (24).
But the court can use its discretion about what
an appropriate penalty is.
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First conviction:
Category 1: Fine, prison up to 2 years or both. Category 2: Fine, prison up to 1 years or both.
Category 3: Fine, community service, both
(community service should benefit the
environment if possible).
Second conviction:
Category 1: No change.
Category 2: Fine, prison up to 2 years or both.
Category 3: Fine, prison up to 1 year or both.
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The maximum amount of the fine may be put into the
Government Gazette and changed from time to timeto take account of inflation.
When a court orders an offender to pay a fine, a part
of the fine (no more than 1/4) may go to any person
who helped to bring the offender to justice. But anyone who is in the service of the State cannot
get this reward.
C O i
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Campus Overview
907/A Uvarshad,
Gandhinagar
Highway, Ahmedabad
382422.
Ahmedabad Kolkata
Infinity Benchmark,
10th Floor, Plot G1,Block EP & GP,
Sector V, Salt-Lake,
Kolkata 700091.
Mumbai
Goldline Business Centre
Linkway Estate,Next to Chincholi Fire
Brigade, Malad (West),
Mumbai 400 064.
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