Welcome.
Today we will be discussing about Intellectual
Property Rights and Ethical issues related
to it.
Let see the outline of today’s discussion.
So, in this module we are going to discuss
about what is intellectual property right.
We will discuss about the different categories
of IPR.
What is the intellectual property chain of
activities?
We will discuss in why intellectual property
is an intangible property.
Why intellectual property needs protection?
How IPR is managed today?
We will discuss about patent it is meaning
protection, rights of patent owners, and what
can be patented.
We will discuss about trademark meaning, purpose,
what can be protected as a trademark?
We will discuss about industrial design meaning,
why protect industrial design, and what can
be protected as an industrial design.
We will discuss also about geographical indications
meaning, why geographical indications need
protection, geographical indications versus
trademark.
We will discuss about copyrights and related
rights meaning, what protect copyrights, rights
of holders, advances in technology and copyrights,
benefits of copyrights and other related rights.
And we will also discuss about world intellectual
property organization.
So, first we are going to discuss about what
is intellectual property.
So, intellectual property is a category of
property which is the intangible creation
of human intelligence.
And it mainly covers copyrights, patents and
trademarks along with other types of rights,
such as trade secrets, publicity rights, moral
rights and rights against unfair competition.
There are different categories of intellectual
property right, and we are going to see them
over here like what are the different categories.
It can be divided into 2 main categories.
One is the industrial property; which includes
mainly patents for inventions, trademarks,
geographically indications and industrial
designs.
And copyright, which covers the literary works
like novels, poems and plays, films, music,
artistic works, like drawings, paintings,
photographs and sculptures, and architectural
designs.
We will discuss now about the chain of activities
which are involved in intellectual property.
So, the chain of activity includes creation,
innovation, commercialization, protection
and enforcement.
Creation is that and coming up of a new product.
Each of the stages are important for intellectual
property and rights and it is protection.
So, when we tell creation.
It is coming up with a new product, innovation-
it is something which is not seen before;
commercialization- which is execution and
availability for selling.
So, you can make money or profit out of it.
Protection is registered under law.
And enforcement which is cannot be copied
or stolen as per law.
So, why we were so concerned about intellectual
property?
And why it is so important to protect it?
Because it is an intangible property, now
we will discuss why intellectual property
is a intangible property.
So, tangible property is a property which
can be touched physically.
Like land, houses, bikes, cars, etc.
Intangible property is something which cannot
be seen or touched, which can be easily appropriated
and cost of reproduction is negligible.
Because of these 2 things like it can be easily
appropriated, and cost of reproduction is
negligible.
It is very important to protect this intangible
property, which is the like in intellectual
property is an intangible property.
So, why this intangible property needs protection?
Because there is always an high expenditure
in creation of a new producted design.
It involves high research activities, to avoid
free riding problems; like, usage of own property
by others for free, maintaining loyal followers
and inhibiting like me too type of creations
in grey markets and to retain the profits.
In this we see the different types of intellectual
properties; patents, trademarks, industrial
designs, geographical indicators and copyrights.
We will discuss the meaning of each and the
details of each in the subsequent slides.
We will start with patent.
So, a patent is an exclusive right granted
for an invention, a product or a process that
provides a new way of doing something.
Or that offers a new technical solution to
a problem.
So, this is what this the word new is important
over here.
It provides it is granted for an invention,
a product or process that provides a new way
of doing something, or that it offers a new
technical solution to a problem.
The patent provides the patent owners with
the protection for the inventions.
Protection is granted for a limited period,
generally for 20 years.
Now it may a question arise in a mind like
are patents necessary.
Yes of course, it is necessary, because they
offer incentives and rewards to individuals
by recognizing their creativity so and to
come up with new marketable inventions for
the benefit of the common people.
The protections that are offered by patents
are; the patent protection it implies that
the invention under patents cannot be commercially
or otherwise used by other persons for generating
profits or any other commercial returns.
It cannot be recreated, sold or shared without
the owner’s consent.
Patents are usually enforced in courts and
courts, can also cancel patents in the case
the claims of the third party are found to
be right if at any alter stage.
So, if it is found like I have like applied
for a patent, but it is not an original idea
that I have done and maybe I have taken portions
from others ideas or you know inventions.
And then we have incorporated it in our design
and, we are claiming like it is a patent later
on it may get rejected.
The patent gives certain rights to the patent
owners.
So, they have the rights to decide who can
or who cannot use the patented invention.
Owners have the right to give permission to
offer license to other parties on mutually
agreed terms.
Owners can also sell their rights to other
persons if they wish to do so.
And then they become the new owner of the
patent.
Once the patent expires and the protection
ends, then it has to enter into a public domain.
This is also called off-patent in which the
current owner of the patent no longer ceases
to be the owner.
And these patents in public domain, may acts
in may act as inspiration for others to move
with this invention forward, add new dimensions
to it, and take up a research regarding it
and improve in that.
Now, what is the role of patents in our everyday
life?
So, what we see like, every aspect of a day
to day life has been surrounded by designs
of products which are like patented.
Like the shape and design of the coffee mug,
of the fans on the ceiling above our head
could be patented.
Like it is very known in the case of electric
lightning.
Patent held by Edison and swan and the sewing
machine.
Patents where hold by Howe and singer, and
iPhone patents held by apple, these are things
we see very normally in our surroundings.
Now it is very important like the all the
patent owners are required to share their
information in public domain.
These can be used by other people for carrying
out derive inspiration for carrying out further
creativity and innovation.
Now, one of the very important question is
can all the inventions be patented or there
are certain there needs to be certain criteria,
which the invention has to meet before like,
it can be patented and patent protect.
So, first is it must be of practical use.
It second it must carry some novelty.
Third new characteristics must exist which
is not a part of an existing knowledge.
In many countries, scientific theories, mathematical
methods, plants animal’s varieties, discoveries
of natural substances commercial methods and
methods of medical treatment are not generally
patentable.
Why?
Because if we understand from this discussion.
Like, if this is patented, then it stops like
the further use of it to improve on it, to
criticize it and maybe add new qualities to
it maybe for the next 20 years and the progression
is start.
So, these type of things which requires like
newer versions to come up as quickly as possible
so that in which is better for the like greater
growth of the greater public in society at
large.
So, that is why these are not generally patentable.
Next we will discuss about trademark.
A trademark is the distinctive design which
identifies certain goods or services produced
or provided by an individual company.
So, trademark is the distinctive design which
identifies certain goods or services produced
or provided by an individual company.
It is like a stamp that you get.
It is origin can be traced back to ancient
times where weavers or craftsman would mark
their signatures or remarks on their artistic
word; which gives it a sort of stamp you like
this has been produced by me.
These marks in the present scenario are called
trademarks, it helps consumers to identify
and purchase a product or service based on
whether it is explicit characteristics and
quality as indicated by a unique trademark
meet their needs.
So, as it is claimed by the trademark about
the qualities, and it may be the nature of
the product and all.
So, it is a assurance of that the, trademark
is the assurance of that quality, and the
nature of the goods and services.
So, it gives a customer help the customer
to identify and purchase a product based on
that trademark.
Now, what are the purpose of a trademark?
Trademarks ensure that the people who own
these trademarks have the right to use these
to help others identify the goods and services,
and also to allow others to use this in return
of a predetermined payment.
In a broader sense, trademarks promote enterprises
globally by rewarding their owners with recognition
and financial profits.
So, if you always go by a trademark then;
obviously, we are giving recognition to the
owners, and it brings a financial profit today.
So, trademarks also protect the unique property
of someone of being like user copied by others
for producing counterfeit products.
So, like fake products.
So, if we have a trademark, then it puts a
restriction on others to create similar kind
of things and like sell it in the; in by developing
this localize, which may be poor a quality
as compared to the original company who is
having the trademark.
Now we have to understand what all can be
registered as a trademark.
So, trademark can be a combination of words,
letters and numerals.
They may consist of drawings, symbols or 3
dimensional signs; such as the shape and sign
of a packaging of goods, it can be holograms,
it can be motions, colors and non-visible
signs- like sound, smell or test.
So, these can be different things like ISO
certifications which can be used as registered
as trademarks.
So, what are the other some categories of
trademarks are? Collective marks, it is owned
by an association, whose members use them
collectively.
Such associations might represent professionals
like accountants, engineers or architects.
So, this is like everyone has their own symbol,
which speaks of certain things and certain
values certain like vision, mission.
And it is represented by that picture or a
trademark, and it defines clearly in the mind
of the customers what to expect from these
organizations based on the trademark what
is given.
Next important question is how can we apply
for a trademark.
Application for registration of a trademark
needs to be filled with the appropriate national
or regional trademark office.
The application must contain a clear reproduction
of the sign field for registration including
any colors forms a 3 dimensional features.
Finally, the right applied for cannot be the
same as similar to rights were already granted
in granted to another trademark owner.
So, before granting a trademark a lot of cross
checks is done lot of you know checks are
seen to see like whether these are not already
overlapping with the trademark that is given
to another onwer.
Next we will talk about industrial design.
Industrial design talks of the ornamental
or aesthetics aspect of an article.
The design consists of the shape of the article,
pattern, size, color or 2 dimensional features.
Industrial designs are applied to a wide variety
of products and handicrafts.
These products may include medical equipments,
watches, luxury items, jewelry, electrical
items, household, housewares, textile design,
luxury goods etcetera.
So, industrial design focuses mainly on the
ornamental or aesthetic aspect of the article.
To be protected like what can be protected
as industrial design is, it should be new;
like, it should be different from design which
is already protected, and should be non-functional.
So, under industrial design we cannot protect
for technical features.
We can only be covered under patents.
So, why we are discussing this finer things
is, sometimes we are not able given a condition,
sometimes you are not sure to understand whether
to file for a patent or trademark or you know
like industrial design or a copyright.
It may so happen these are very overlapping
concepts it was one another, and we get confused
about it were there are certain fine threads
fine lines which define that if this is the
case then you go for this.
One such thing is this non functional aspect
of the industrial design which is mentioned
like technical features cannot be protected
in the designs.
They can be only covered under patents.
Then why it is necessary to protect industrial
designs.
Designs make a product appealing and increase
its marketability so it must be protected.
When an industrial design is protected, the
owner which could be an individual or a former
assured an exclusive right against unauthorized
imitation of the design by others.
This helps the owners to assure a fair return
on investment.
It is also promotes it also promotes fair
competition and honest trade practices.
It helps to promote creativity as people feel
assured that their designs will not be stole.
So, if we are in the fear of things getting
stolen, then it may not like we may not be
able to express our ideas in a in it is fullest
form.
But, when given for this protection of this
creativity and these aesthetic aspects and
maybe the minor things which increases the
worth of these things, then it helps to promote
creativity further.
Next which all industrial designs can be protected?
So, those designs which carry an element of
newness.
New here, means they should not be similar
to designs which have already been protected.
Normally, the term protection granted is generally
for 5 years with the possibility of further
renewal in most cases up to 15 years.
Next we will discuss about geographical indications.
Geographical indications is about the signs
which are used on goods to design which is
the belongingness of the good to a particular
idea, particular region or particular location.
We will discuss details of it.
We will try to discuss how it is different
from copy trademarks.
We will discuss about copyrights and the details
of the like world intellectual property organization
in the next class.
Thank you.
