Principles of Industrial Property Rights

Pages: 53 (16095 words) Published: September 12, 2013
← INDEX

1. Introduction02
2. World Trade Organization (WTO)04
3. World Intellectual Property Organization (WIPO)05 4. Trade Related Aspects of Intellectual Property Rights (TRIPS)07 5. Trademarks10
a. Types of Trademarks10
b. Section II (TRIPS)11
c. Trend in Trademark applications18
d. Country comparison19
e. Case study: Redbull v/s Unasi Management Inc.20 6. Geographical Indications24
a. Appellations of Origin24
b. Difference between Appellation of Origin & Geographical Indications25 c. Section III26
d. Trend in Geographical Indication applications31 7. Industrial Design32
a. Section IV32
b. Trend in Industrial Design applications35
c. Country Comparison36
d. Case Study: Bajaj Auto Ltd. v/s RanomotoGulsar37 8. Patents39
a. Section V40
b. Product Patents48
c. Product Patents in Pharma50
d. Trends in Patent applications54
e. Country Comparison55
f. Case Study: Apple v/s Samsung56
9. Conclusion59
10. Bibliography62

← INTRODUCTION

The main objective of this assignment is the intent to provide an introduction to non-specialists to the subject of industrial property. It explains the principles underpinning industrial property rights. It describes the most common forms of industrial property, including patents for inventions, trademarks, industrial designs and geographical indications

To begin with, trademarks and patents can be aptly said as the true guardians of the inventors, budding industrialists and the people capable of performing outstanding and path breaking work. The concepts of trademarks and patents are governed under the terminology of Intellectual Property Rights. Intellectual property rights include the aspects of copyrights and industrial property. According to the Indian law, these aspects of Intellectual property rights (IPR) are majorly governed by 3 set of laws namely The Trademarks Act, 1999: The Patents Act 1970, as amended by The Patents (Amendment) Act 2005 and The Patents Rules, 2003, as amended by The (Amendment) Rules 2006.

IPR is generally categorised into two branches. They are:

1. Copyrights
2. Industrial property
a. Patents & Utility Models
b. Trademarks, Certification marks & Collective marks c. Industrial Designs
d. Geographic Indications of source
e. Integrated Circuits
f. Protection against Unfair Competition

The basic need of IPR is to protect the rights of the inventors for their commercial exploitation and thrusting trade and commerce and innovation on a national as well as a global scale. All over the world, several measures have been undertaken to strengthen the intellectual property laws.

The main purpose of IPR is to protect and promote radicalism along the several fractions of the society. A better understanding of the IPR will allow the state as well as the industrial circuit to assess the levels of development and impact on the national as well as the global scale. The emergence of several new elements such as Internet has caused policymakers, legislators, rights holders, content creators, businesses, content users and others to rethink the way intellectual property should operate in a modern inter-connected society. The range of new technologies and the speed of innovation raises intellectual property issues: domain names are often inextricably linked with trademark issues; and the ease with which digital technologies allow for copying and distribution challenges intellectual property right law enforcement.

Tuning with the changing industrial world, the intellectual property rights...

Bibliography: It consists of –
• The Patents (Amendment) Act, 1999
• The Trade Marks Bill, 1999
• The Copyright (Amendment) Act, 1999
• Geographical Indications of Goods (Registration & Protection) Bill, 1999
• The Industrial Designs Bill, 1999
• The Patents (Second Amendment) Bill, 1999
← WORLD TRADE ORGANIZATION (WTO)
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