Patent Right Presentation - Unitedworld School of Business

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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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Patent Right Presentation - Unitedworld School of Business

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