Unit four about the management foundation and bacis

UNIT 4th
: Intellectual Properties Rights

Meaning, Origins and Nature of Intellectual Properties Rights (IPR)
 Intellectual Property (IP) is a special category of property created by human intellect (mind) in the
fields of arts, literature, science, trade, etc.
 Since IP is a novel creation of the mind, it is intangible in nature and differs from the tangible property,
such as land, house, gold and car with which we are quite familiar.
 Intellectual Property Rights (IPR) are the privileges accorded to the creator/inventor (of IP) in
conformance with the laws. These rights are given to the creator/inventor in exchange for revealing the
process of creation/invention in the public domain. The inventor is conferred with the special rights to
use, sell, distribute, offering for sale and restricting others from using the invention without his prior
permission.

Origin of IP:
 The origins of intellectual property (IP) trace back to 500 BCE in
Sybaris, Greece, where innovators received a year of protection for
luxury improvements.
 In medieval Europe, Britain passed an IP law in 1623, granting guilds
trade rights, later replaced by the Statute of Monopolies, which
awarded inventors 14-year rights.
 The 1710 Statute of Anne strengthened copyright by granting authors
exclusive rights for 14 years, renewable once. By the 19th
century,
most nations had established IP laws to protect inventions and creative
works.

Intellectual means a person’s ability to think, to
understand and create ideas.
or
Intellectual properties refer to product of human mind.
Just like other types of properties, the owner of IP can
rent, give or cell it to others people.

 Intellectual properties rights (IPR) are the rights given to persons
over the creations of their minds: inventions, literary and artistic
work, and symbol, name and image used in commerce.
 To protect intellectual property in India, one can apply to authority
concerned under the government of India for protection.
 IPR enable the creator or owner to earn recognition or financial
benefit by using their creation or invention.

History of IP in India:
After India got independence in 1947, many patent experts felt
the need to review the Indian Patents and Designs Act, 1911,
keeping the national interest (economic and political) in mind.
A dedicated committee, chaired by a renowned Justice Bakshi
Tek Chand (retired Judge of Lahore High Court), was constituted
in 1949 to review the advantages of the patent system.

The world’s first patent was granted in 1790 to Samuel
Hopkins in USA for the "making of pot ash and pearl ash by
a new apparatus and process". In India, the first patent
(known as ‘Exclusive Privileges’ at that time) was awarded
in 1856 to a civil engineer, George Alfred DePenning from
Calcutta, for his invention, ‘An Efficient Punkah Pulling
Machine’

Intellectual Property Rights (IPR) protect creations of the mind, granting legal and
exclusive rights over artistic and commercial works. These rights, mostly territorial,
vary by country except copyright, which is globally recognized under the Berne
Convention.
IPR grants monopoly rights, requiring consent for use, and must be periodically
renewed except for copyrights and trade secrets. They can be assigned, sold, or
licensed like other property. Geographical indications help protect agricultural and
traditional products.

The following are the objectives of intellectual property rights
1. It helps in protecting the ownership and originality of the individuals’ creation.
2. It provides recognition to the concerned person or authority.
3. It allows owners of intellectual property to have financial benefits from the property they have
created.
4. They are provided financial incentive for the creation of and also to incur the cost of investment in
intellectual property.
5. Such rights motivate individuals’ creativity and thus also contributes to economic growth.
6. It can also offer some economic aid to the holder of the right, through the monopoly of their creations.
7. It improves the financial status of the individual as well as of the economy of the country.

Types of Intellectual Property Rights
Intellectual property refers to the right over the intellectual work and not the work
itself.
Intellectual property rights can be categorised into various types as per the nature of
work. The most common types of intellectual property are copyrights, trademarks,
patents, industrial design rights and trade secrets.

 India's Copyright Act, 1957, amended in 1999, aligns with the Berne
Convention and other global treaties like the Geneva and Universal
Copyright Conventions.
 As a WIPO and UNESCO member, India updates its law to adapt to
technological advancements. The 1995 amendment introduced
protections for satellite broadcasting, software, digital technology,
and performers’ rights under the Rome Convention.

Copyright
It is a right that is provided to the owner of a literary or artistic work. It is an exclusive right to
control the publication, distribution and adaptation of creative works. Copyright laws deal
with the intellectual property of creative works like articles, books, music, software,
painting, etc. The right lies with the owner cum copyright holder for a certain period of time.
As time lapses, the work can be republished or reproduced by others. Usually, the timespan of
a copyright extends through the entire life of the owner and lasts up to a period of about 50 to
100 years after death. In case of anonymous works, the right lasts for 95 years after
publication or 120 years after the creation.

 The Indian copyrights law, laid down in the Indian Copyright Act, 1957, fully reflects the Berne
Convention on Copyrights, to which India is a party. India is also an active member of the World
Intellectual Property Organisation, Geneva.
 The Act protects literary, artistic works and performance rights by making it unlawful to reproduce
such works without the owner’s permission.
 The author of the work is the first owner of the copyright in the work.
 Registration of the copyright is not compulsory either for acquiring copyright or for enforcing by
way of suit against the infringement of the copyright.
 The Copyrights Act protects the following classes of work: Original literary, dramatic, musical and
artistic works, Cinematography films, Sound recording

Trademarks: Trademarks are unique symbols, words, or logos used by
companies, institutions, and organizations to distinguish their products or
services. Examples include logos of Reebok, LG, WHO, and UNICEF.
Registered trademarks are legally protected, and unauthorized use can
lead to legal action. They help build brand identity and safeguard
businesses, including pharmaceuticals.

Patents: Patents protect new inventions, including
products, processes, and apparatuses, that are novel, non-
obvious, and useful. They grant exclusive rights to
inventors, preventing others from using, selling, or
distributing the invention without permission.
Patent criteria vary by country, but registration is
required. Typically, patents are valid for 20 years from
the application date.

Industrial design rights: These rights also come under intellectual
property and protect the visual design of objects. These rights are assigned
to the products distinguished by their novel shape or pattern. The design
may be in form of a shape, colour, pattern or a combination of all these
things. It can be an industrial commodity or a handicraft. The design can
be either two-dimensional (based on pattern, colours and lines) or three-
dimensional (as per shape and surface). The right is assigned on basis of
several factors like, novelty, originality and visual appeal.

Trade secrets: Trade secrets are the rights assigned to the
designs, practice, formulas, instrument, processes, recipes,
patterns or ideas being used or owned by a company to gain
economic advantage over its competitors. The owner of a trade
secret does not possess any right over anyone who gains access
to that secret independently, but he can prevent the use of trade
secret by anyone who has learned it through the owner.

Laws:
1. Trademark Act 1999
2. The Patents (Amendment) act 2005 (effective from
01-01-2005)
3. Copyright Act 1957
Website: Ipindia.gov.in, copyright.gov.in

Types of Intellectual Properties Rights which are
considered in India
1. Copyright
2. Trademark
3. Patent
4. Geographical Indication
5. Design
6. Plant Variety
7. Semiconductor Integrated Circuit Layout Design

Copyright is the right to “not copy”
Copyright grants legal right to creators for their original works like writing, photograph, audio
recording, video, sculptures. Architectural works, computer software and other creative work like
literary and artistic work.
The copyright include
1. Right to copy (reproduce) a work
2. Right to create derivative works based upon it
3. Right to distribute copies of the work to public
4. Right to publicly display or perform the work
Means it prevent others from copying, using or selling the work

Product that are protected under Copyright:
Literary work: Pamphlets, Brochures, Novel, Book, Poem, Song
Lyrics, Computer Programme
Artistic Work: Drawing, Painting, Sculpture, Architectural Drawing,
Technical Drawing, Maps, Logos
Dramatic Work: Including dance, Screenplay, Musical work, Sound
recording, Cinematographic films

Copyright Act, 1957 come into effect from January 1958.
The Act has been amended five times since then, i.e., 1983,
1984, 1992, 1999 and 2012
https://copyright.gov.in

Trademark: Once any brand
name and brand mark is
registered and legalized it
become a trademark.
A brand which is registered
under “Trade and Merchandise
Mark Act, 1958” treated as
trade mark.

 A trademark is any word, name, or symbol (or their
combination) that’s lets us identify the goods made by an
individual, company, organization etc.
 A trademark helps in distinguishing similar products in the
market from its competitors.

Trademarks are usually categorised as conventional and
Non- conventional:
(1) Conventional Trademark: Words, colour combination, label,
logo, packaging, shape of goods, etc.
(2) Non-Conventional Trademark: Sound marks, dynamic marks,
etc. Besides these, even small and teste are also considered for
protection as trademarks

Advantages of IPR:
The main advantage of intellectual property rights (IPR) is to encourage and protect the creation,
distribution, and offering of new goods and services that are based on the development and use of
inventions, trademarks, designs, creative works, and other intangible assets:
Economic growth: Giving statutory expression to the creators' economic rights and fostering fair
trade, intellectual property rights can support economic growth by fostering economic development.
IPRs can generate income not only from direct marketing but also by licencing them to third
parties.
Fostering of culture: Copyright allows authors, performers, producers, and other creators to
receive an economic reward for their works that enrich cultural heritage, enhance cultural diversity,
and benefit society as a whole. These creative industries include publishing, music, and film.

Technical information dissemination: Any member of the public,
including researchers, can use patent information even when a company,
university, or research institution does not intend to use its own patented
inventions.
Impetus to fair competition: By allowing consumers to make informed
decisions about various products and services, the protection of IPRs such
as distinctive signs aims to encourage and ensure fair competition as well
as to protect consumers.

Research and development: IPRs promote R and D activities due to the
financial benefits indirectly provided to the creators. These R and D
facilitate two things:
(1) It facilitates the innovations and production of new technology, like a
new formula of drugs against any life-threatening disease,
(2) This new technology/formula, after the patent period, helps a large
population (for example, through the development of generics). Thus,
it serves the social purpose of IPRs.

Collateral used to secure financing: IPRs, which are intangible assets,
frequently aid small and medium enterprises (including start-ups) in
their efforts to persuade outside parties to provide them with financing
(such as investing equity or granting loans). The financial industry,
particularly knowledge-intensive SMEs, depends heavily on the
valuation of intangible assets, such as patents.

Offences of IPR: Actions and Remedies for Infringement (उल्लंघन):
 Remedies in cases of infringement of IPR can be available through action in
three channels, viz. civil proceedings, criminal proceedings and administrative
action. Also, one should take technological measures to prevent and detect
incidence of IP infringement.
 In a litigation on IP infringement, there is the plaintiff (who is the owner or
the licensee of the IPR which is infringed), the defendant (who is the person
accused of committing the alleged infringing act) and the Court, which has the
jurisdiction in the case and where the trial is conducted.

 In a civil case, the plaintiff can seek as relief, injunction (including interim injunction),
damages or alternative account of profit, delivery up, or otherwise. Even pre-trial relief
can be given on court’s satisfaction. Civil suits do not award imprisonment.
 In a criminal case penalties are tougher than in a civil case. Imprisonment is a real
possibility, but the standards to prove a liability in a criminal action are more stringent
than in a civil case. In a criminal case there is no pre-trial or interim relief or even
damages available. One has to wait for the final outcome of the proceedings. As
businessmen are generally considered with prompt relief and recovery of damages,
civil proceedings remain the favoured option, though criminal proceedings have more
inbuilt deterrence.

 Administrative action can be taken to stop import of infringing goods at the
border, if the owner of the IP requests the customs authorities for it. Excise
authorities and authorities to test quality and check standards also play useful
role in containing infringement activity.
 Some evidential aspects need to be noted. If the infringement pertains to a
process patent it is for the defendant to prove that the process he has used to
obtain an identical product is different from the patented process. This is the
reversal of the burden of proof, as normally the plaintiff is required to prove
his charge. In trademark infringement evidence may come from the trade
(wholesalers, retailers, etc.) and market surveys.

Basic of Plagiarism Policy of UGC: These policy are required for the assessment
of academic and research work done leading to the partial fulfilment for the award of degrees at
Masters and Research level, by a student or a faculty or a researcher or a staff, in the form of thesis,
dissertation and publication of research papers, chapters in books, full-fledged books and any other
similar work, reflects the extent to which elements of academic integrity and originality are observed
in various relevant processes adopted by Higher Educational Institutions (HEIs).
 These regulations shall be called the University Grants Commission (Promotion of Academic
Integrity (शैक्षणिक निष्ठा) and Prevention of Plagiarism in Higher Educational Institutions)
Regulations, 2018.
 They shall apply to the students, faculty, researchers and staff of all Higher Educational
Institutions in the country.

Some Important Definitions:
 “Plagiarism” means the practice of taking someone else’s work or idea and
passing them as one’s own.
 “Academic Integrity (शैक्षणिक निष्ठा)” is the intellectual honesty in proposing,
performing and reporting any activity, which leads to the creation of
intellectual property.
 “Author” includes a student or a faculty or a researcher or staff of Higher
Educational Institution (HEI) who claims to be the creator of the work under
consideration.

 “Information” includes data, message, text, images, sound, voice, codes,
computer programs, software and databases or microfilm or computer-
generated microfiche.
 “Script” includes research paper, thesis, dissertation, chapters in books, full-
fledged books and any other similar work, submitted for assessment / opinion
leading to the award of master and research level degrees or publication in
print or electronic media by students or faculty or researcher or staff of an
HEI; however, this shall exclude assignments / term papers / project reports /
course work / essays and answer scripts etc.

“Source” means the published primary and secondary material from
any source whatsoever and includes written information and opinions
gained directly from other people, including eminent scholars, public
figures and practitioners in any form whatsoever as also data and
information in the electronic form be it audio, video, image or text;
Information being given the same meaning as defined under Section 2 (1) (v)
of the Information Technology Act, 2000.

Objective of Plagrism Policies:
 To create awareness about responsible conduct of research, thesis, dissertation, promotion
of academic integrity and prevention of misconduct including plagiarism in academic
writing among student, faculty, researcher and staff.
 To establish institutional mechanism through education and training to facilitate
responsible conduct of research, thesis, dissertation, promotion of academic integrity and
deterrence from plagiarism.
 To develop systems to detect plagiarism and to set up mechanisms to prevent plagiarism
and punish a student, faculty, researcher or staff of HEI committing the act of plagiarism.

Similarity checks for exclusion from Plagiarism:
The similarity checks for plagiarism shall exclude the following:
All quoted work reproduced with all necessary permission and/or
attribution.
All references or bibliography, table of content, preface and
acknowledgements.
All generic terms, laws, standard symbols and standards equations.

Levels of Plagiarism: Plagiarism would be quantified into
following levels in ascending order of severity for the purpose of its
definition:
Level 0: Similarities up to 10% - Minor similarities, no penalty
Level 1: Similarities above 10% to 40%
Level 2: Similarities above 40% to 60%
Level 3: Similarities above 60%

Penalties in case of plagiarism in submission of thesis and dissertations:
Institutional Academic Integrity Panel (IAIP) shall impose penalty considering the severity of
the Plagiarism.
 Level 0: Similarities up to 10% - Minor Similarities, no penalty.
 Level 1: Similarities above 10% to 40% - Such student shall be asked to submit a revised
script within a stipulated time period not exceeding 6 months.
 Level 2: Similarities above 40% to 60% - Such student shall be debarred from
submitting a revised script for a period of one year.
 Level 3: Similarities above 60% -Such student registration for that programme shall be
cancelled.

Penalties in case of plagiarism in academic and research publications:
 Level 0: Similarities up to 10% - Minor similarities, no penalty.
 Level 1: Similarities above 10% to 40% - Shall be asked to withdraw manuscript.
 Level 2: Similarities above 40% to 60%: Shall be asked to withdraw manuscript or shall
be denied a right to one annual increment or shall not be allowed to be a supervisor to any
new Master’s, M.Phil., Ph.D. Student/scholar for a period of two years.
 Level 3: Similarities above 60%: Shall be asked to withdraw manuscript or shall be
denied a right to two successive annual increments or shall not be allowed to be a
supervisor to any new Master’s, M.Phil., Ph.D. Student/scholar for a period of three years.

Various Software used for plagrism detection:
 Turnitin
 Drill Bit (K.U.K.)
 Urkund
 Grammarly
 Unicheck
 Plagscan

Unit four about the management foundation and bacis

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Unit four about the management foundation and bacis