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(c) H K Acharya & Company BLANKET THERAPY: CARE AND CURE OF INTELLECTUAL PROPERTY RIGHTS Dr.Rajesh Acharya H.K.Acharya & Company Ahmedabad. India Novemeber.

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Presentation on theme: "(c) H K Acharya & Company BLANKET THERAPY: CARE AND CURE OF INTELLECTUAL PROPERTY RIGHTS Dr.Rajesh Acharya H.K.Acharya & Company Ahmedabad. India Novemeber."— Presentation transcript:

1 (c) H K Acharya & Company BLANKET THERAPY: CARE AND CURE OF INTELLECTUAL PROPERTY RIGHTS Dr.Rajesh Acharya H.K.Acharya & Company Ahmedabad. India Novemeber 25, 2006

2 (c) H K Acharya & Company IP protection……….. Shah Jahan, the mogul emperor who built Taj Mahal instructed his soldiers to chop off the hands of the craftsmen so that they could never create another monument like Taj Mahal!!

3 (c) H K Acharya & Company Even primates protect IP

4 (c) H K Acharya & Company Intellectual property……. IP is the creation of human mind The basic reason for IP protection is that a man should protect what he brings into being. If what he produces can be taken form him, he is no better than a slave. IP

5 (c) H K Acharya & Company Value of Intellectual property IP is more valuable than movable or immovable property. Other assets IP

6 (c) H K Acharya & Company Advantages of IP…… Creativity and innovations are the new drivers of the world economy. For the knowledge based, innovation-driven economies, the IP system is a dynamic tool for wealth creation providing: a. an incentive for enterprises and individuals to create and innovate b. a fertile setting for development of an trade in, intellectual assets c. a stable environment for domestic and foreign investment.

7 (c) H K Acharya & Company Advantages of IP continued….. IP protection is the key factor for economic growth and advancement in the high technology sector. IP is good for business IP benefits public at large IPRs are good more IPRs are better IP plays an important role in nearly all aspects of science and technology and literature and the arts.

8 (c) H K Acharya & Company IP Types of IP….. Industrial property copyright Patent literary work Trademark artistic work Geographical indications Trade secret

9 (c) H K Acharya & Company PATENTS

10 Patent no 1 Samuel Hopkins, of Philadelphia, Pennsylvania received Patent No. 1 on July 31, 1790, for an improvement "in the making Pot ash and Pearl ash by a new Apparatus and Process."

11 (c) H K Acharya & Company patent The term "patent" originates from the Latin word patere which means "to lay open" (i.e. make available for public inspection) and the term letters patent, which originally denoted royal decrees granting exclusive rights to certain individuals or businesses.

12 (c) H K Acharya & Company A patent is a set of exclusive rights granted by a state a. to a patentee (the inventor or assignee) b. for a fixed period of time c. in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) d. which is new, inventive, and useful or industrially applicable

13 (c) H K Acharya & Company Economic rational of patents facilitate and encourage disclosure of innovations into the public domain for the common good patents provide incentives for economically efficient research and development (R&D). prevent copies from competing many believe that patent rights create an incentive for companies to develop workarounds to patented inventions, thereby creating improved or alternative technologies that might not otherwise have been developed

14 (c) H K Acharya & Company ‘‘ Before then [the adoption of the United States Constitution], any man might instantly use what another had invented; so that the inventor had no special advantage from his own invention. The patent system changed this; secured to the inventor, for a limited time, the exclusive use of his invention; and thereby added the fuel of interest to the fire of genius, in the discovery and production of new and useful things." -- Abraham Lincoln

15 (c) H K Acharya & Company TRADEMARK

16 We can still see the original producer’s mark on some of the bricks of the Great Wall of China. This mark allowed the emperors of that time to be assured of quality, and if needed accountability

17 (c) H K Acharya & Company trademarks trademark, trade mark, ™ or ®is a distinctive sign of some kind which is used by a business to uniquely identify itself and its products and services to consumers, and to distinguish the business and its products or services from those of other businesses. A trade mark is a word, phrase, symbol or design or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of the good of one party from those of others.

18 (c) H K Acharya & Company Trademark identify the producer of a product and serve as an indicator of quality. Trademark also inform consumers where to seek resources if the product fails. The assurance of quality and accountability is completely lost when counterfeiters illegally use a trademark and deceive consumers with their goods. Counterfeit pharmaceuticals have become a serious and deadly problem around the globe, especially in the developing world. Kristina Lybecker, an economics professor at Drexel University put the annual value of the fake drug market around $50 billion (10% of the $500 billion in medicines sold worldwide).

19 (c) H K Acharya & Company Counterfeit drugs also take a cut out of the revenue -- and reputation -- of large pharmaceutical companies which often offer discounted drugs in poorer countries. Each year counterfeit drugs are responsible for tens of thousands of deaths worldwide. Counterfeit drugs kill with harmful ingredients or by depriving patients of proper treatment. Counterfeit drugs are not only a problem in developing countries -- a number of scandals have been reported in the US and Britain over the past couple of years involving counterfeit medications. The real story of Ms.Dorothy Akunyili head of Nigeria’s National Agency for Food and Drug Administration and Control. (Wall street Journal may 2004)

20 (c) H K Acharya & Company Registrable trademarks A fanciful / inherently distinctive trademark An arbitrary trademark A suggestive trademark A descriptive mark A generic term

21 (c) H K Acharya & Company GEOGRAPHICAL INDICATION

22 (c) H K Acharya & Company Geographical indication A geographical indication is a sign used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that place of origin. Examples of well-known geographical indications include Champagne, Florida Oranges, Prosciutto di Parma, and New Zealand Lamb. Czech crystal, Swiss watches, Indian carpet.

23 (c) H K Acharya & Company The use of geographical indications allows producers to obtain market recognition and often a premium price. With the increased internationalization of food and product markets, geographical indications have become a key source of niche marketing. Geographical indications are also often associated with non-monetary benefits such as the protection of knowledge and community rights. In nut shell geographical indications are intended to designate product quality, highlight brand identity, and preserve cultural traditions.

24 (c) H K Acharya & Company TRADE SECRET

25 (c) H K Acharya & Company Trade secret A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information used by a business to obtain an advantage over competitors within the same industry or profession. Examples of trade secrets are: a formula for a sports drink, survey methods used by professional pollsters, recipes, a new invention for which a patent application has not yet been filed, marketing strategies, manufacturing techniques and

26 (c) H K Acharya & Company More specifically, when deciding whether something qualifies as a trade secret, courts will typically consider the following factors: a.the extent to which the information is known outside of the particular business entity b.the extent to which the information is known by employees and others involved in the business c.the extent to which measures have been taken to guard the secrecy of the information d.the value of the information to the business, and e.the difficulty with which the information could be properly acquired or independently duplicated by others

27 (c) H K Acharya & Company Trade secret theft Some activities that the courts will commonly treat as trade secret theft are: disclosures by key employees (current and former managers, scientists and others occupying positions of trust) in violation of their duty of trust toward their employer disclosures by employees (current and former) in violation of a confidentiality agreement entered into with their employer disclosures by suppliers, consultants, financial advisors or others who signed nondisclosure agreements with the trade secret owner, promising not to disclose the information industrial espionage, and disclosures by any person owing an implied duty to the employer not to make such disclosure, such as directors, corporate offices and other high-level salaried employees

28 (c) H K Acharya & Company COPYRIGHT

29 Copyright….. We can credit 17 th centaury England with the concept of a ‘‘copy right’’, a law that protects the creative products of authors, artists, singers and filmmakers and software developers. The essential idea behind a copyright is simple: Artist and creators should be able to enjoy the fruits of their labor for a specified time period. The symbol for copyright is © and in some jurisdictions may alternatively be written as either (c) or (C).

30 (c) H K Acharya & Company Copyright is a set of exclusive rights regulating the use of a particular expression of an idea or information. At its most general, it is literally "the right to copy" an original creation. Several exclusive rights typically attach to the holder of a copyright: a.to produce copies or reproductions of the work and to sell those copies (including, typically, electronic copies) b.to import or export the work c.to create derivative works (works that adapt the original work) d.to perform or display the work publicly e.to sell or assign these rights to others

31 (c) H K Acharya & Company Copyright may subsist in a wide range of creative, intellectual, or artistic forms or "works". These include  poems  theses  plays  other literary works  movies  choreographic works (dances, ballets, etc.)  musical compositions  audio recordings  Paintings  drawings  sculptures  photographs  software  radio and television broadcasts of live and other performances

32 (c) H K Acharya & Company SOME FAMOUS CASES….

33 (c) H K Acharya & Company Patent infringement case the blackberry case It all begins in 2002 when NTP Inc. of Arlington, Va., claimed that RIM infringed on 16 of its patents, including its radio communications technology. A US court in Virginia agreed that 11 of those 16 patent were violated and awarded NTP $54 million in damages as well as 8.6% royalty on all the revenue from US Blackberry sale. Injunction to prevent RIM from making or selling its device in the US RIM (Research in motion) manufacturer of Blackberry Ontario Canada appealed on Dec 14 insisting that US patent laws have no territorial rights in Canada.

34 (c) H K Acharya & Company RIM claims that its Blackberry relay on server which is based in waterloo, Ontario. NTP argued that while s routed by Blackberries may pass through RIM’s waterloo headquarters, they originate and terminate in the United States. Finally RIM announced that it had agreed to pay NTP US$612.5 million, which covers all of NTP’s claims, plus a perpetual licence. As a part of the settlement, NTP dropped its case against RIM.

35 (c) H K Acharya & Company Dual infringement case vs. ‘ ’Seven years ago I had copyrighted the film ‘Sholay’, and trademarked all its characters. They are protected under Section 14 and 51 of the copyright Act 1957.’’-Sascha Sippy of Sippy Films Pvt Ltd. Ramu cannot even utter the word Sholay, Gabbar or Basanti. And if he dose, by not respecting the court orders, I will see him in jail- ’Sascha Sippy Amitabh Bachan will continue to be called Gabbar in my film. There are so many Indians called Gabbar….so how I am I flouting the law?-Ram Gopal Vrema

36 (c) H K Acharya & Company Copyright of advertisement phrases and themes Pepsi cola Inc has copyright over PEPSI, GLOBE DEVICE and YEH DIL MANGE MORE. Hindustan cola limited PAPPI,GLOBE DEVICE AND YEH DIL MANGE NO MORE.

37 (c) H K Acharya & Company

38 plaintiffdefendantWho wins Gillette UK LimitedKamal trading 7’O clock mark on tooth brush Plaintiff Whirlpool Co.NR Dongre Whirlpool mark on their washing machine Plaintiff Aketibolaget VolvoVolvo Steel Limited Adopted the mark with fraudulent intentions. plaintiff

39 (c) H K Acharya & Company TO CONCLUDE

40 (c) H K Acharya & Company We should take care of our Intellectual Property by recognizing it at the correct time and we should also cure our IP if it is injured (infringed) Caring and curing of IP is possible only if there is widespread awareness about IPR. If we take care of IP it will take care of us.

41 (c) H K Acharya & Company AND THE CURTAIN FALLS ANY QUESTIONS?


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