Cse Ipr Lecture 2

IPR –Intro
DR. PRIYANKA PRIYADARSHANI

Types of property
Tangible Property: furniture, clothing, jewellery, art, writings, household goods etc.
Source:https://www.stockmarkethindi.in/
tangible-assets-hindi/
Types of Property
Intangible Property: negotiable instruments, securities, service and intangible assets,
including goodwill etc.
Source: https://www.stockmarkethindi.in/tangible-assets-
hindi
Types of Property
Intellectual Property (“Bauddhik sampada “): musical, literary and artistic works; discoveries and
inventions; and words, phrases, symbols, and designs, etc
Source:https://vakilsearch.com/blog/intellectual-property-
laws-of-singapore/
Concept of Property vis-à-vis Intellectual Property
Intellectual Property Rights are like any other property rights allows:
-Creator benefit from their own respective work or investment in a creation ( Just Like the ownership
of car, house or any private property).
-These rights are outlined in Article 27 of the Universal Declaration of Human Rights.(1948)
Article 27
1.Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and
to share in scientific advancement and its benefits.
2.Everyone has the right to the protection of the moral and material interests resulting from any
scientific, literary or artistic production of which he is the author.
Various treaties to protect IPR
WIPO administers 26 treaties including the WIPO Convention.
Source:https://www.wipo.int/treaties/en/
The importance of Intellectual Property was first recognized in the Paris Convention for the
Protection of Industrial Property (1883)
Berne Convention for the Protection of Literary and Artistic Works (1886).
Source:
https://twitter.com/CopyrightOffice/status/1038754880918380544
Paris Convention & Berne Convention administered by the World Intellectual Property
Organization (WIPO).
Source:https://en.wikipedia.org/wiki/
World_Intellectual_Property_Organization
Theories Behind IPR
a) Utilitarian Theory (Bentham and Mill) {promote maximal well-being}
It says that the any policy made and implemented by any authority should have power of ensuring
greatest good for greatest number.
Consequentialism versus Categorical Thinking
Jeremy Bentham and Utilitarianism
“maximum pleasure and the minimum degree

of pain for the greatest number of people.”
Example:
Malfunctioning rail engine and workers.

Example:
Malfunctioning rail engine and workers.
Addition The Cancer Patient

Example:
5 patients and a health checkup.
Immanuel Kant
and Categorical
Imperatives
Conflict
Devote $1 Billion for a cancer drug R&D that may or may not work.
Build a mine which has been inhabited by forests and tribals for centuries.
Natural Right Theory
b) Natural Right Theory / Labour Theory ( Locke’s Theory)
a) Right to use without harm
b) Right to transfer the property
c) Right of exclusive usage of the property
John Locke
Types of Intellectual property
Patents:
- The person who invents something having industrial application is granted Patent on the invention.
-Patents are conferred in order to grant protection to certain new products, processes, apparatus, etc.
Product has to be :
•non-obvious in nature in light of what already exists or has already been done before,
• it is not in public domain, and
•has not been disclosed anywhere in the world at the time of the application for grant of
patent.
•Utility
•Time:20 years from the date of grant of patent.

-Bluetooth
Patent Name: “Peer to peer information exchange for mobile communications devices”
Jaap Haartsen invented Bluetooth in 1994
Haartsen has drafted multiple patents relating to Bluetooth, but they have been stymied by lawsuits
and patent trolls. This 2013 patent describes how the technology can be used to transmit GPS data.
Trade Marks:
A symbol in the form of a logo, words, shapes, jingles etc. which is employed to provide the product(s) or service(s)
with a recognizable identity to distinguish them from the competing products is called as a Trade Mark.
Word (Coca Cola)
Device mark (Mcdonal,PUMA)
Colour
Shape Mark(kitkat)
Motion mark(Nokia)
Certification mark
Patent mark
Sound Mark(Apple)
Series Mark
Trademark can be registered by its founder/user nationally as well as internationally,
thus enabling him to use such mark on his products along with the symbol ®.
An unregistrable trade mark however is symbolised by the use of the letters ‘TM’to be
used along with the mark.
Copyright:
-Copyright is used to protect works like original creative works, published articles, sound
recordings, films, and broadcasts.
-Limited copying in the form of photocopying, scanning, and downloading without permission of the
copyright owner is however permissible but only for research activities.
-Copyright extends to the internet medium as well like the matter published through web pages
which are protected by the copyright law, such that permission is required before copying the matter
contained therein or even to insert a hyperlink to it.
•Artistic works: novel, poem, photograph, movie, musical composition in the form of sheet music,
•Computing:Computer software application,Software code for a programming tool or software

application, Software code for a website, Software code that manages a database.
•Business: database, Architectural plans, Annual reports, Business proposals, Letters and emails sent
by a business,
Design registration
-Criteria for Design Registration
– Finished article appeals to and is judged solely by the eye

– New or original
– not prior published in any country and not publicly known in India
– is significantly distinguishable from known designs or combination of known designs
– Not a technical or useful function of a product
Time:Monopoly Period of 10 years extendable by 5

•Statutory right – accrues only on registration - territorial
• Right to prevent all other from producing, importing, selling or distributing products having an
identical appearance or a fraudulent or obvious imitation
• Gives you a Unique Selling Point (USP)
• Is an asset & can be licensed

Trade-secrets
Trade-secrets law which is a fairly new branch of Intellectual Property Rights law is intended to
protect commercially valuable information for instance, soft-drink formulas, confidential marketing
strategies, etc. that the companies would like to conceal and protect from their competitors.
https://www.slideshare.net/pgp4149/trade-secrets-
66797437
Geographical Indication
- The tag is granted by the controller general of patents, designs and trademarks.
-The registration of a geographical indication shall be for a period of ten years, but may be renewed
from time to time in accordance with the provisions of this section.
-Geographical Indications of Goods (Registration and Protection) Act, 1999.
-Violation of GI tags is punishable offence under law.

Current
Trends in IPR
Source:
https://www.wipo.int/edocs/pubdocs
/en/wipo-pub-2000-2022-en-main-
report-global-innovation-index-
2022-15th-edition.pdf
Current trends in IPR
Trends in R&D investments
Is it a good thing or bad thing?
Benefits of IPR
1.Innovative idea to earn profit
2. Export Business Opportunities
3.The ideas are encouraged by securing them
4. Competitive Edge Over Other Alike Businesses
5. Helps In Enhancing The Company’s Value
6. Aids In Marketing The Company’s Products And Services
7. Obtaining Finance Becomes Easy

Drawbacks
-hindering access to knowledge and information,
-monopolistic practices,
-barriers to innovation and creativity,
-challenges for traditional knowledge and cultural expressions, and
-enforcement challenges.

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IPR –Intro

DR. PRIYANKA PRIYADARSHANI

Jeremy Bentham and Utilitarianism

“maximum pleasure and the minimum degree

Malfunctioning rail engine and workers.

Malfunctioning rail engine and workers.

Addition The Cancer Patient

5 patients and a health checkup.

a) Right to use without harm

b) Right to transfer the property

c) Right of exclusive usage of the property

• it is not in public domain, and

•Time:20 years from the date of grant of patent.

Jaap Haartsen invented Bluetooth in 1994

Word (Coca Cola)

Device mark (Mcdonal,PUMA)

•Computing:Computer software application,Software code for a programming tool or software

– Finished article appeals to and is judged solely by the eye

Time:Monopoly Period of 10 years extendable by 5

• Gives you a Unique Selling Point (USP)

• Is an asset & can be licensed

-Geographical Indications of Goods (Registration and Protection) Act, 1999.

-Violation of GI tags is punishable offence under law.

2. Export Business Opportunities

3.The ideas are encouraged by securing them

4. Competitive Edge Over Other Alike Businesses

5. Helps In Enhancing The Company’s Value

6. Aids In Marketing The Company’s Products And Services

7. Obtaining Finance Becomes Easy

-barriers to innovation and creativity,

-challenges for traditional knowledge and cultural expressions, and

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