MAHARISHI ARVIND INSTITUTE OF ENGINEERING. & TECHNOLOGY

APOWER POINT PRESENTATION

Intellectual Property Rights

European Union

On

Submitted in partial fulfillment of the requirement ofthe award of the degree of

Undertaken by:

Sumit Dayama

B.Tech, VIIIth Semester

Session: 2014-15

Submitted to:

Ms. Pratibha Sharma

Seminar Cordinator at

MAIET

Bachlelor of Technology(B.Tech)

1

Countries Under European Union

Austria,

Belgium,

Bulgaria,

Croatia,

Republic of Cyprus,

Czech Republic,

Denmark,

Estonia,

Finland,

France,

Germany,

Greece,

Hungary

Ireland

• Italy,

• Latvia,

• Lithuania,

• Luxembourg,

• Malta,

• Netherlands,

• Poland,

• Portugal,

• Romania,

• Slovakia,

• Slovenia,

• Spain,

• Sweden and

• the UK.

2

Intellectual Property Rights

Intellectual Property is a property that arises from the human intellect. It is a product of

human creation. It refers to the creation of the mind: inventions, literacy, designs and

artistic works.

Intellectual Property comprises 2 distinct forms:

* Literary & Artistic Works(copyright Property)

* Industrial Property

.

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“Literacy And Artistic Work”

They are books, paintings, musical compositions, plays,

movies, radio/tv programs, performances, & other artistic

works.

Protected by “COPYRIGHT”

4

Industrial Property 5

Industrial Property describes physical matter that is the product of an idea or

concept for commercial purposes.

How are they Protected ?

* By Trademarks

* By Industrial Designs

* By Trade Secrets

* By Layout-designs

World Inllectual Property Organization

WIPO ( World Intellectual Property Organization ) was established by the WIPO

Convention in 1967

The WIPO is a specialized agency of the United Nations.

It promote the protection of IP throughout the world.

Its headquarters are in Geneva, Switzerland

6

Major Types Of IP In European Union 7

Patents 8

A Patent is a set of exclusive rights granted by a sovereign state to an

inventor or assignee for a limited period of time in exchange for

detailed public disclosure of an invention

It is covered under the Act called the Patents Act, 1970

[Amended by Patents Act, 2005]

• It shall come into force on such date as the Central Government may

publish, by notification in the Official Gazette.

Copyright 9

Copyright is a legal right created by the law of a country that grants the creator of an

original work exclusive rights to its use and distribution, usually for a limited time, with

the intention of enabling the creator to receive compensation for their intellectual

effort.

Duration of Copyright:

• Copyright in a literary work, lasts for the-

• Author’s lifetime plus 50 years from the end of

• The calendar year in which the author dies

• 50 years for films and sound recordings

• 25 years for typographical arrangements of a published edition

Copyright Act: Section 107

Overview

“ … the fair use of a copyrighted work, including such use by

reproduction in copies or phonorecords or by any other means

specified by that section, for purposes such as criticism, comment,

news reporting, teaching (including multiple copies for classroom

use), scholarship, or research, is not an infringement of copyright

…”

10

Trademark

DEFINITION

A symbol, word, phrase, logo, or combination of these that legally distinguishes one

company's product from any others. Any infringement on a trademark is illegal and

therefore grounds for the company owning the trademark to sue the infringing party.

The unauthorized usage of trademarks by producing and trading counterfeit

consumer goods is known as brand piracy.

The owner of a trademark may pursue legal action against trademark

infringement

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Plant Variants

These are rights granted to the breeder of a new variety of plant

that give the breeder exclusive control over the propagating

material (including seed, cuttings, divisions, tissue culture) and harvested material (cut flowers, fruit, foliage) of a new variety for a

number of years.

The grant of protection can last for 25 years (as long as you pay an

annual fee) and the plant variety is your personal property.

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Protected rights In European Union

The following rights are protected by European Union law:

right of reproduction for authors, performers, producers of phonograms and films and broadcasting organisations.

right of communication to the public for authors, performers, producers of phonograms and films and broadcasting organisations.

right of fixation for performers and broadcasting organisations.

right of broadcasting for performers, producers of phonograms and broadcasting organisations

Duration of protection

• The rights of authors are protected within their lifetime and for seventy

years after their death.• The rights of performers last for 50 years.

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Remedies for Patent Infringement

• A suit can lie in the District or High court ,

• It may issue an injunction

either to prevent the infringer from any

further use

& award damages to the patent owner or

will pay the patent owner royalties for

further use.

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CONCLUSION 15

Create yourself, rather than using other’s creations

Do not use competitor’s mark in such way that it harms competitor

in unfair way

No comparisons that are likely to cause confusion

THANK YOU

16

Submitted to

Ms.Pratibha Sharma,

Lecturer at

MAIET

Submitted by

Mr. Sumit Dayama

C(sec), Branch(CSE)

Roll-11EMTCS753