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Intellectual Property (IP) is defined as any "original creative work manifested in a tangible form that can be legally protected Right associated with intellectual property which gives legal protection is referred to as IPR. When we speak of IP rights, we refer to controlling the way IP is used, accessed or distributed.
Copyright
Trade secrets
Patent
Categories of IP rights
Utility model/Designs Geographical Indications
Classification of IPR
Intellectual Property
IPR
Broadcasting
Patents
Copyright
Trademarks
Computer Programs
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Intellectual Property can be clearly distinguished from Goodwill. UK & Australian Generally Accepted Accounting Principles (GAAP) has specified goodwill as an umbrella concept consisting of unidentifiable intangible assets and should not include those Intellectual Properties which are capable of individual identification and can be sold separately. Copyright-. Copyright may subsist in creative and artistic works (e.g.
books, movies, music, paintings, photographs, and software) and give a copyright holder the exclusive right to control reproduction or adaptation of such works for a certain period of time (historically a period of between 10 and 30 years depending on jurisdiction.
Designs- The designs entitled to protection are new and original designs having aesthetic value which have not been previously known or published in India or elsewhere.
Trademarks- is an identification symbol which may be a word, a device, a label or numeral etc. or a combination thereof used in the course of trade that enables the purchasing public to distinguish one traders goods from similar goods of other traders The purpose of Brand is: To uniquely identify a company and its product. To differentiate them from competitor. To enhance the perceived value, the quality and satisfaction that a customer experiences. attachment. Above all brand is supposed to inspire trust. Trust failure can lead to brand failure and brand failure can be fatal. Patents- is the grant of a monopoly right to an inventor who has used his skill to invent something new. A patent may be granted for a new,
useful, and non-obvious invention, and gives the patent holder a right to prevent others from practicing the invention without a license from the inventor for a certain period of time (typically 20 years from the filing date of a patent application)
Trade-Secret is sometimes either equated with, or a subset of, "confidential information") is secret, non-public information concerning the commercial practices or proprietary knowledge of business, public disclosure of which may sometimes be illegal
Copyright
Trade-Marks
Trade Marks Patents Copyright Designs Geographical Indications Plant Varieties Semi conductor IC layout
Patents (20 years) Trademarks (10 years + renewals) Copyrights in published literary, dramatic, musical, and artistic works (Lifetime of author +60 years). Copyright in photographs ,cinematographic film, sound recordings (60 years from year in which it was published) Broadcast reproduction right-(25 years from the beginning of the calendar year next following the year in which the broadcast is made.) Industrial designs (10 years+ renewal permitted once for 5 years ) Trade-secrets and know how collectively proprietary technology.
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Requires an assembled trained workforce for its creation Requires building of goodwill through advertising programs Generates customer loyalty Adds to commercial value of organization Its exploitation brings consistent additional profits to an organization
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Copyright
All IP rights
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fix information in any tangible form To reproduce copyrighted work To sell, rent, lease or otherwise distribute copies Perform and display copyrighted work To prepare derivatives of a copyrighted work.
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Direct Infringement
Contributory Infringement
Vicarious Infringement
When for financial benefit the operator in spite of his ability to control and check infringements deliberately restrains from checking the users from committing such acts14
Dilution
Dilution is a trademark law concept forbidding the use of a famous trademark in a way that would lessen its uniqueness. trademark dilution involves an unauthorized use of another's trademark on products that do not compete with, and have little connection with, those of the trademark owner. A trademark is diluted when the use of similar or identical trademarks in other non-competing markets means that the trademark in and of itself will lose its capacity to signify a single source.
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Civil
Criminal
Administrative
Sections 54 to 62 deals with civil remedies for infringement of copyright. Civil remedies include injunction, damages and accounts, delivery of infringing copies and damages for conversion. Costs: The costs of all parties in any proceedings in respect of the infringement of copyright shall be at the discretion of the court.
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Copyright Infringement
Relief
Civil Remedies: Injunction Damages Account of profit Delivery of infringing copies Damages for conversion Criminal Remedies: Imprisonment of the accused or imposition of fine or both Seizure of infringing copies.
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Indian Patent Act-Section 108 Injunction Damages or account of profits Infringing goods and materials be destroyed. Suit be filed in district court or high court having original civil jurisdiction
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Design Infringement
The judicial remedy for infringement of a registered design recommended in the Act is damages along with an injunction. Section 22(2) stipulates remedy in the form of payment of a certain sum of money by the person who pirates a registered design. A suit in the appropriate manner for seeking the relief in the form of an injunction is also recommended.
Relief
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