Intangible Creations of the Human Intellect

Published: 2021-07-11 23:40:05
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Category: Law

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Purpose of intellectual property:

To encourage the creation of a large variety of intellectual goods.
Gives economic incentive for their creation,
Stimulates innovation and contribute to the technological progress of countries

History:
1624- Origins of patent law – The Statute of Monopolies
1710- Origins of copyright – British Statute of Anne Firmly established the concept of intellectual property.
1769- First known use of the term intellectual property
Jewish law includes several considerations which are similar to modern intellectual property laws
500 BCE- government of the Greek state of Sybaris offered one year’s patent “”to all who should discover any new refinement in luxury””.

Intellectual property rights
Includes
A. copyrights, patents, and trademarks
B. Trade secrets, publicity rights, moral rights, rights against unfair competition.
C. Artistic works like music and literature, as well as some discoveries, inventions, words, phrases, symbols, and designs
A. Patents- a form of right granted by the government to an inventor or their successor-in-title, giving the owner the right to exclude others from making, using, selling, offering to sell, and importing an invention for a limited period of time, in exchange for the public disclosure of the invention.
B. Copyright-gives the creator of an original work exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or “”works””.
C. Industrial design rights(“design right”” or design patent) -protects the visual design of objects that are not purely utilitarian.
D. Plant varieties -rights to commercially use a new variety of a plant.
E. Trademarks- a recognizable sign, design or expression which distinguishes products or services of a particular trader from the similar products or services of other traders.
F. Trade dress- legal term of art that generally refers to characteristics of the visual and aesthetic appearance of a product or its packaging that signify the source of the product to consumers.[35]
G. Trade secrets- a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors and customers.
Infringement: Violation of intellectual property rights with respect to patents, copyright, and trademarks,
Misappropriation: with respect to trade secrets, may be a breach of civil law or criminal law,
Indian government approved its first Intellectual Property Rights Policy in May 2016
Laws:

Copyrights- The “”Copyright Act, 1957″” (as amended by the Copyright Amendment Act 2012) governs the subject of copyright law in India.
Trademarks Statutory protection of trademark is administered by the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce and Industry.
Indian Patent Office – is administered by the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM). This is a subordinate office of the Government of India and administers the Indian law of Patents, Designs and Trade Marks

Copyright and Related Rights:

The Universal Copyright Convention (with Protocols)
The Geneva Treaty on International Registration of Audio-Visual Works, 1992.
WIPO Copyright Treaty, 1996
WIPO Performance and Phonograms Treaty, 1996
Patents:

Patent Cooperation Treaty, 1970
European Patent Convention (with Protocols), 1973
UPOV International Convention for the Protection of New Varieties of Plants, 1991

28 February 1856- Government of India- promulgated legislation to grant what was then termed as “”exclusive privileges for the encouragement of inventions of new manufactures””.
02 September 1856- De Penning- invention was granted the first ever Intellectual Property protection in India. Amendments to the Patents Act – 1999, 2002, 2005, 2012
Indian Patent Office – patent office is headquartered at Kolkata with branches in Chennai, New Delhi and Mumbai, office of the Patent Information System and National Institute for Intellectual Property Management is at Nagpur Indian Patent Office has 526 Patent Examiners, 97 Assistant Controllers, 42 Deputy Controllers, 1 Joint Controller, and 1 Senior Joint Controller Patent durationin India is 20 years from the date of filing of patent application.
World Intellectual Property Day

Observed annually on 26 April.
was established by the World Intellectual Property Organization (WIPO) in 2000
to “”raise awareness of how patents, copyright, trademarks and designs impact on daily life”” and “”to celebrate creativity, and the contribution made by creators and innovators to the development of societies across the globe
26 April was chosen as the date for World Intellectual Property Day because it coincides with the date on which the Convention Establishing the World Intellectual Property Organization entered into force in 1970.

Themes:

2001 – Creating the Future Today
2002 – Encouraging Creativity
2003 – Make Intellectual Property Your Business
2004 – Encouraging Creativity
2005 – Think, Imagine, Create
2006 – It Starts With An Idea
2007 – Encouraging Creativity
2008 – Celebrating innovation and promoting respect for intellectual property
2009 – Green Innovation
2010 – Innovation – Linking the World
2011 – Designing the Future
2012 – Visionary Innovators
2013 – Creativity – The Next Generation
2014 – Movies – a Global Passion
2015 – Get Up, Stand Up. For Music.
2016 – Digital Creativity: Culture Reimagined
2017 – Innovation – Improving Lives
2018 – Powering Change: Women in Innovation and Creativity

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