INTELLECTUAL PROPERTY RIGHTS National International Patents Patents Act, 1970 Paris Convention, 1883 Trade Marks Trade & Merchandise Madrid Agreement and Marks Act,1958 Protocols, 1979 Copy Rights Copy Right Act, 1957 Berne Convention for the protection of Literary and Artistic Works, 1971 Recent for all GATT 8th Uruguay Round (1986-93) Dunkel Draft on Intellectual Property World Trading Organization (WTO) Dispute Resolution Holder's freedom to exploit Injunction To prevent others to exploit Damage Harmonization/Unification of National Laws

Trade Mark Cases 'Prakash' Roadline Ltd. V/s. 'Prakash' Parcel Service Ltd. Corns Products Ltd. V/s. Shangrila Food Products Ltd. 'Gluvita' and 'Gluvita' Ranbaxy Laboratories Ltd. V/s. Dua Pharmaceutical Pvt. Ltd. 'Calmpose' and 'Calmprose' Burrough Welcome (India) Ltd. V/s. G. Kharma King Scientific Research Centre 'Septran' and 'Cetran' Sarabhai International Ltd. V/s. Sara Exports International 'Sara' Amritahara Pharmacy V/s. Stya Deo Gupta 'Laxmandhara' and 'Amritdhara' 'Blue Cross' and Blue Shield Association V/s. 'Blue Cross' Health Clinic

Ind. designs - Any composition of lines or colours of any 3 dimensional form which gives a special appearance to a product or industry or handicraft and which can serve as a pattern for product of industry or handicraft. Patents - Under Dunkel - 20 Years Patents Act - 14 Years Dumping - Products are sold by a firm in an export market for less than what is charged in its name market for the same product. Patents Act, 1970- India Today Handout + Pharmaceutical and } Now - Product Patent till 2005 Agriculture chemicals}

WTO - MFN Status - All members to give equal treatment to the products and services of all other WTO states. Mechanism - Dispute settlement Body (DSB) and Trade Policy Review Body (TPRB) Return of Agriculture and the textiles to the mainfold, significance of dispute settlement mechanism, doing away with voluntary restrictions and inclusion of Intellectual Property Rights (IPR) as well as Services. Patent is a legal monopoly granted to the owner of any new invention and which is capable of being used for a limited period of time. Copyright law is concerned with the protection of the expression of ideas in a tangible form. - Computer programs and data base life of Author + 50 Years. Trade-mark - Any sign, or any combination of signs, capable of distinguishing the goods or services of the undertaking from those of other undertakings.

THE COPY RIGHT ACT, 1957 Copyright under Section 14 means the exclusive right to door authorize doing of certain acts in relation to the following original works : 1. Literacy dramatic or musical work 2. Computer Programme 3. Artistic Work 4. Cinematograph Film 5. Sound Recording

ACQUISITION OF COPY RIGHT Automatic No Registration Necessary Advantages of Registration 1. Public Record and Notice 2. Prima facie Evidence in Court

TRANSFER OF COPY RIGHT ASSIGNMENT LICENCE WILL NON TESTAMENTARY SUCCESSION

INTERNATIONLISATION OF COPY RIGHTS Travel across the world easy and quick To meet the problem, several countries join together to form convention for securing minimum protection reciprocal basis. Berne Convention 1986 Universal Copyright Convention, 1952 India Member of both the Conventions.

COPY RIGHT IN CYBER SPACE (NEW CHALLENGES) INFORMATION SOCIETY ADVENT OF COMPUTERS, INTERNET, DIGITAL INFORMATION, CO-ROM, DATA BASES, MULTI-MEDIA WORKS, COMPUTER SOFTWARE

REMEDIES FOR COPYRIGHT INFRINGEMENT 1. Criminal - Cognizable Offence, Imprisonment up to 3 Years and Fine up to Rs.2/-Lacs. 2. Civil - Damages, Injunction and Restitution 3. Ban on Imports by the Registrar of Copyrights

SECURITY OF COPYRIGHTS IN CYBER SPACE Cryptography, Digital Finger Prints, Water Marks and Passwords. The Copyright Act,1957 allows making of copies of computer software by the lawful buyer for fair use. It is not infringement if the copies are made to utilise the computer software for the purpose for which it was supplied or to make backup copies purely as a temporary protection against loss, destruction or damage. As per the Section 52 of the Act, if a person knowingly makes use of a copy of a computer programme for (personal) gain in the course of trade or business, it is treated as an infringement of copyright.

SECURITY OF COPYRIGHTS IN CYBER SPACE Section 14 of the Indian Copyright Act (amendment) prohibits the sale or hiring of (or offering for sale or hiring of) any copy of computer programme without the authorisation of the copyright holder. Even though an organisation/institution purchases a legal copy of software, the law prohibits its duplication or making multiple copies for use by different constituent divisions or units or users in the same organisation / institution.

OTHER IMPORTANT PROVISIONS OF THE COPYRIGHT ACT, 1957 Copyright Societies Copyrights Against Public Policy Not Allowed