Table of contents
- Introduction
- Conclusion
It was indeed an oppo?tunity fo? me to visit “Amity Unive?sity of O?ganic ag?icultu?e” and p?epa?e a p?oject ?epo?t on the same du?ing the p?og?amme BSc. Ag?icultu?e and Food Business (Sem.III). I have lea?nt many inte?esting things about this topic, which is based on seconda?y info?mation, ?equi?es data gathe?ing f?om many sou?ces such as websites, ?epo?ts and othe? books. I am thankful to D?. Deepshikha Thaku? who allowed and helped to p?epa?e the ?epo?t. I am also thankful to the HOI mam, who p?ovided me the ?equi?ed info?mation. Mo?eove? I am thankful to each and eve?y one who suppo?ted and assisted me in p?epa?ing this ?epo?t. I would like to exp?ess my g?atitude to
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D?. Naleeni Ramawat (DIRECTOR)
D?. Deepak Rameshwa? Sapkal (GUIDE) and othe? faculty membe?s of the institution fo? thei? valuable guidance.
Introduction
Intellectual P?ope?ty (IP) is a catego?y that includes intangible c?eations of the human intellect, and p?ima?ily encompasses Copy?ights, Patents, and T?adema?ks.
It also includes othe? types of ?ights such as t?ade sec?ets, publicity ?ights, mo?al ?ights, and ?ights against Unfai? Competition.
Wo?ld Intellectual P?ope?ty Day 26 Ap?il
WIPO (Wo?ld Intellectual P?ope?ty O?ganization) was established by WIPO convention in 1967.
The WIPO is a specialized agency of United Nations, its headqua?te?s a?e in Geneva (Switze?land).
The main pu?pose of intellectual p?ope?ty law is to encou?age the c?eation of a la?ge va?iety of intellectual goods.
The law gives people and businesses p?ope?ty ?ights to the info?mation.
The?e a?e many intellectual fi?ms and small Intellectual P?ope?ty law fi?ms wo?ldwide, like in India, USA, UK, Chicago, p?oviding qualitative help to Invento?s and C?eato?s of p?oduct.
Main pu?pose of Intellectual P?ope?ty law is to encou?age the c?eation of a wide va?iety of intellectual goods fo? Consume?s.
IP law deals with the ?ules fo? secu?ing and enfo?cing legal ?ights to inventions, designs, and a?tistic wo?ks. Just as the law p?otects owne?ship of pe?sonal p?ope?ty and ?eal estate, so too does it p?otect the cont?ol of intangible assets.
What is “Intellectual P?ope?ty”?
Intellectual P?ope?ty is a p?ope?ty that a?ises f?om the Human intellect.
IP comp?ises 2 distinct fo?ms:
- Lite?a?y & A?tistic Wo?ks
- Indust?ial P?ope?ty
This includes books, paintings, musical compositions, plays, movies, ?adio/ tv p?og?ams, pe?fo?mances, & othe? a?tistic wo?ks.
How a?e they P?otected?
P?otected by “COPYRIGHT”.
The exclusive and assignable legal ?ight, given to the o?iginato? fo? a fixed numbe? of yea?s, to p?int, publish, pe?fo?m, film, o? ?eco?d lite?a?y, a?tistic, o? musical mate?ial.
How to get copy?ight pe?mission?
- Dete?mine if pe?mission is needed.
- Identify the owne? and the ?ights needed.
- Plan Ahead fo? Pe?mission.
- Contact the owne? and negotiate whethe? payment is ?equi?ed.
- Get you? pe?mission ag?eement inw?iting.
It desc?ibes physical matte? that is the p?oduct of an idea o? concept fo? comme?cial pu?poses.
How a?e they P?otected?
a) by Patented objects
b) by T?adema?ks
c) by Indust?ial designs
d) by T?ade sec?ets
e) by T?ade d?ess
2. Pu?ely a?tistic wo?ks.
3. A symbol, logo, wo?d, sound, colo?, design, etc.A patent is a fo?m of ?ight g?anted by the gove?nment to an invento? that by law allows the patent holde? to exclude othe?s f?om making, using, selling, o? impo?ting the p?otected invention fo? a limited pe?iod of time.
The ?efusal of the patent in one count?y does not mean that it will be te?minated in all the count?ies.
It is cove?ed unde? the Act called the Patents Act, 1970 [Amended by Patents Act, 2005].
Invention Patentable If
- New
- Useful
- Not Obvious
- Pe?tains to patentable subject
- Matte?
A t?adema?k is a ?ecognizable sign, design, o? exp?ession which identifies P?oducts o? Se?vices of a pa?ticula? sou?ce f?om those of othe?s.
A t?adema?k may be located on a package, a label, a vouche?, o? on the p?oduct itself.
It is cove?ed unde? the Act called the T?ade Ma?ks Act, 1999. It is an Act to amend and consolidate the law ?elating to t?ade ma?ks, to p?ovide fo? ?egist?ation and bette? p?otection of t?ade ma?ks fo? Goods and Se?vices.
a) Industrial designs
It is a fo?m of intellectual p?ope?ty ?ight, these ?ights p?otect the visual design of objects.
Indust?ial design is a p?ocess of design applied to p?oducts that a?e to be manufactu?ed th?ough techniques of mass p?oduction.
An indust?ial design consists of the c?eation of a shape, configu?ation o? composition of patte?n o? colo?, containing Aesthetic Value.
An iPod, an indust?ially designed p?oduct.
b) Trade secrets & Trade dress
T?ade sec?et is a fo?mula, p?actice, p?ocess, design, inst?ument, patte?n, info?mation which is not gene?ally known o? ?easonably asce?tainable, by which a business can obtain an economic advantage ove? Competito?s and Custome?s.
Each business must take measu?es to gua?d its own T?ade sec?ets.
T?ade d?ess is a legal te?m of a?t that gene?ally ?efe?s to cha?acte?istics of the visual and aesthetic appea?ance of a p?oduct o? its packaging (o? even the design of a building) that signify the sou?ce of the p?oduct to consume?s.
?egist?ation with the U.S. Gove?nment is good fo? 10 yea?s and may be ?enewed fo? successive 10 yea? pe?iods again as long as the T?ade D?ess is still being used.
Intellectual property infringement is the inf?ingement o? violation of an intellectual p?ope?ty ?ights. The?e a?e seve?al types of intellectual p?ope?ty ?ights, such as copy?ights, patents, and t?adema?ks. The?efo?e an intellectual p?ope?ty inf?ingement may fo? instance be a:
a) Copy?ight inf?ingement
b) Patent inf?ingement
c) T?adema?k inf?ingement
Designing a?ound a patent may in some cases constitute a way to avoid inf?ingement it.
Conclusion
Registe?ing patents, t?adema?ks and designs p?otects them f?om being copied and gives the owne?’s business a Competitive advantage.
Technological advancement made the job of c?eato? easy and also made the job of COPY-e? easy.
Do not use competito?’s ma?k in such a way that it ha?ms competito? in Unfai? Way.