Purpose of intellectual property:
1624- Origins of patent law – The Statute of Monopolies
1710- Origins of copyright – British Statute of Anne Firmly established the concept of intellectual property.
1769- First known use of the term intellectual property
Jewish law includes several considerations which are similar to modern intellectual property laws
500 BCE- government of the Greek state of Sybaris offered one year’s patent “”to all who should discover any new refinement in luxury””.
A. copyrights, patents, and trademarks
B. Trade secrets, publicity rights, moral rights, rights against unfair competition.
C. Artistic works like music and literature, as well as some discoveries, inventions, words, phrases, symbols, and designs
A. Patents- a form of right granted by the government to an inventor or their successor-in-title, giving the owner the right to exclude others from making, using, selling, offering to sell, and importing an invention for a limited period of time, in exchange for the public disclosure of the invention.
B. Copyright-gives the creator of an original work exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or “”works””.
C. Industrial design rights(“design right”” or design patent) -protects the visual design of objects that are not purely utilitarian.
D. Plant varieties -rights to commercially use a new variety of a plant.
E. Trademarks- a recognizable sign, design or expression which distinguishes products or services of a particular trader from the similar products or services of other traders.
F. Trade dress- legal term of art that generally refers to characteristics of the visual and aesthetic appearance of a product or its packaging that signify the source of the product to consumers.
G. Trade secrets- a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors and customers.
Infringement: Violation of intellectual property rights with respect to patents, copyright, and trademarks,
Misappropriation: with respect to trade secrets, may be a breach of civil law or criminal law,
Indian government approved its first Intellectual Property Rights Policy in May 2016
Copyright and Related Rights:
28 February 1856- Government of India- promulgated legislation to grant what was then termed as “”exclusive privileges for the encouragement of inventions of new manufactures””.
02 September 1856- De Penning- invention was granted the first ever Intellectual Property protection in India. Amendments to the Patents Act – 1999, 2002, 2005, 2012
Indian Patent Office – patent office is headquartered at Kolkata with branches in Chennai, New Delhi and Mumbai, office of the Patent Information System and National Institute for Intellectual Property Management is at Nagpur Indian Patent Office has 526 Patent Examiners, 97 Assistant Controllers, 42 Deputy Controllers, 1 Joint Controller, and 1 Senior Joint Controller Patent durationin India is 20 years from the date of filing of patent application.
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