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PROPERTY

RIGHTS

Presented By:
Amrita Mitra (BFT/15/145)
Vikky Kumar (BFT/15/477)

NEED OF
IP PROTECTION
IN THE
COMPETITIVE
WORLD

Intellectual Property
Creations of the mind.
Inventions.
Literary and artistic works.
Symbols, names and images
used in commerce.

Intellectual Property Rights


Rightsgiven to persons
over the creations of their
minds.

IP is protected in law by, for


example,patents,copyright
andtrademarks, which enable
people to earn recognition or
financial benefit from what
they invent or create.

Intellectual Property

Industrial Property

Copyright

Patents

Literary Works

Trade Mark/Trade
Names/Service Marks

Artistic Works

Industrial Designs
Trade Secrets
Geographic Indications

Objectives

IP system aims to foster an


environment in which creativity
and innovation can flourish.

It protects genuine business


assets that may be integral to
the core services of the business
and overall long-term viability.

Importance of IPR has grown


over the years
In the earlier era, the creations and inventions by
man fell in a public domain. These were the common
properties.
However, with the passage of time, the importance
and value of these creations was realized.
By end of Twentieth Century, the things created and
invented by the human mind were recognized as an
intellectual property of the owner .

The Intellectual Property Rights safeguards


or acts as a binder to the creator of ideas
in a particular sector or field wherein these
rights binds the maker with the creation
lawfully, wherein infringement can be
considered unlawful.
IPR gives competitive edge in the market
and protects from hackers and pirates.

IPR in Business

For many businesses, intellectual property


protects more than just an idea or a concept
it protects genuine business assets that
may be integral to the core services of the
business and overall long-term viability.

Companies of all sizes are at risk of having


their unique ideas, products or services
infringed upon, even if they are on the
other side of the world, making IP
protection more important than ever.

If the businesses are transferring their ideas


or innovation to other businesses then it
should be like selling any other asset, the
business must be compensated adequately,
and in case of infringement the law must
have teeth to penalize the infringer.

FROM THE IP OWNERS POINT OF


VIEW
In this age of Competition, no one would like to
give his/ her credit to anyone else.
IPR is important:
To gain strong market position and
competitive advantage.
To earn higher profit or returns on
investment.
To pocket additional income from
licensing or selling (assigning) IP.
Creating bargaining power.

DUSTRIAL ADVANTAGES OF IP PROTECTIO


IT ENCOURAGES RESEARCH.
INDUCES AN INVENTOR TO DISCLOSE HIS
INVENTIONS
INSTEAD OF KEEPING THEM AS SECRET.
PROVIDES INDUCEMENT FOR CAPITAL
INVESTMENT
ENCOURAGING TECHNOLOGICAL
DEVELOPMENT.
IT ENCOURAGES ESTABLISHMENT OF
NEW INDUSTRIES.

INFRINGEMENT CASES

1.

In several IPR infringement cases all around the


world, we can see the importance of IP protection.
For example,
Patent issue between Alcatel-Lucent vs
Microsoft corp. (patent no. 5,341,457)

August 23, 1994: Patent issued to Alcatel Lucent for


MP3 AND MPEG encoding.
On February 22, 2007, San Diego jury gave
judgement in favour of Alcatel-Lucent, which was
awarded a record-breaking $1.52 billion in damages.
2. Apple versus Samsung Patent Dispute
(industrial design)
Apple won the case and
damages owed by Samsung
: $1.05 billion.

CONCLUSION

A common man comes across intellectual properties from dawn to


dusk. The goods having a wide spectrum and associated with food,
shelter and clothes; the things of necessity, comfort, luxury. He or she
uses the product which comes under the IP of some one. These
properties have been covered under patent, copy right , trade mark
etc.
Since a common man is very closely linked with articles and
products which is protected by law under IPR, The copying,
imitation, adaptation, and un-authorized reproduction of these
things, without the permission of the owner, may amount to a serious
offence. Therefore, the knowledge about IP is must for a common man
to survive in this competitive world.

REFERENCE

http://www.chipworks.com/en/technical-competitive-a
nalysis/resources/blog/apple-vs-samsung-what-in-cla

ims3/

http://www.androidauthority.com/huge-samsung-defeat
-what-caused-apples-1-billion-win-u-s-patent-case-f

ull-verdict-110226/

http://en.wikipedia.org/wiki/Apple_Inc._v._Samsung
_Electronics_Co.#Further_reading

http://www.cnet.com/news/jury-awards-apple-more-th
an-1b-finds-samsung-infringed
/

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