Intellectual Property Rights

Intellectual Property is a product of the human intellect that has commercial value

      Many of the rights of the ownership common to real and personal property are also common         

      to Intellectual Property

Intellectual Property can be bought, sold, and licensed

Similarly it can be protected against theft and infringement by others

Patent, Design & Trademark together with Copyright form TOTAL INTELLECTUAL PROPERTY

Patent

1.      Derived from the Latin word „LITTERAE PATENTES‟ which means „Open Letters‟ or „Open Documents‟ to confer rights and privileges.

2.      A contract between an Inventor and the Government

3.      An exclusive privilege monopoly right granted by the Government to the Inventor

4.      Invention may be of an Industrial product or process of manufacture

5.      Invention should be new, non-obvious, useful and patentable as per Patents Act

6.      The right to the inventor is for limited period of time and valid only within the territorial limits of a country of grant.

Examples: a drug compound, a tool, maybe software effects

DESIGN

^Ø        Meant for beautifying an industrial product to attract the consumer public

^Ø        Shaping, Configuration or Ornamentation of a vendible Industrial product

^Ø        Exclusive „Design Rights‟ to the originator for a limited term

^ Patents & design embrace the production stage of an industrial activity

TRADE MARK

^Ø        Trade Mark is a name or symbol adopted for identifying goods

^Ø        Public can identify from the Trade Mark from whom the product is emanating

^Ø        Trade Marks protection is given for an industrial product by the Government

Examples: Channel No.5‟s smell, Jacque Villeneuve‟s face!

COPY RIGHTS

^v                    The right to original literary and artistic works

•         Literary, written material

•         Dramatic, musical or artistic works

•         Films and audio-visual materials

•         Sound recordings

•         Computer Programmes/software

•         SOME databases

Example: Picasso‟s Guernica, Microsoft code, Lord of the Rings

Need For A Patent System

^Ø               Encourages an inventor to disclose his invention

^Ø               Encourages R & D activities as the industries can make use of the technology, & avoids redundant research

^Ø               Provides reasonable  assurance for commercialisation.

^Ø               Provides an inducement to invest capital in the new lines of production and thus , help for technical development and upgradation.

^Ø               One may get a very good return of income through Patent Right on the investment made in R & D.

Effect of Patent

^Ø               A patentee gets the exclusive monopoly right against the public at large to use,sell or manufacture his patented device.

^Ø               A patentee can enforce his monopoly right against any infringement in the court of law for suitable damages or profit of account.

^Ø               The Government ensures full disclosure of the invention to the public for exchange of exclusive monopoly patent right to the inventor.

3.  Employee Rights

Employee rights are any rights, moral or legal, that involve the status of being an employee.

Employee rights are:

^ð        There should be no discrimination against an employee for criticizing ethical, moral or legal policies and practices of the organization.

^ð        The organization will not also discriminate against an employee for engaging in outside activities or for objecting to an organization directive that violates common norms of morality.

^ð        The employee will not be deprived of any enjoyment of reasonable privacy in his/her workplace.

^ð        No personal information about employees will be collected or kept other than what is necessary to manage the organization efficiently and to meet the legal requirements.

^ð        No employee who alleges that her/his rights have been violated will be discharged or penalized without a fair hearing by the employer organization.

Some clear examples: falsifying data, avoidance on the safety of a product

4. Types Of Crime

^Ø                    Domestic crime

Non-accidental crime committed by members of the family

^Ø                    Professional Crime

When crime is pursued as a profession or day to day occupation

^Ø                   Blue collar crime (or) Street crime

Crime against person, property (theft, assault on a person, rape)

^Ø                   Victimless crime

Person who commits the crime is the victim of the crime. E.g. Drug addiction

^Ø                   Hate crime

Crime done on the banner of religion, community, linguistics

Occupational Crime

^                         Occupational crimes are illegal acts made possible through one‟s

lawful employment.

^                         It is the secretive violation of laws regulating work activities.

^                         When committed by office workers or professionals, occupational

crime is called „white collar crime‟.

People Committing Occupational Crimes

^Ø        Usually have high standard of education

^Ø        From a non-criminal family background

^Ø        Middle class male around 27 years of age (70% of the time) with no previous history