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INTELLECTUAL PROPERTY RIGHTS DEMYSTIFIED

Mu. RAMKUMAR, A. JAYAKUMAR
  • Country of Origin:

  • Imprint:

    NIPA

  • eISBN:

    9789389547467

  • Binding:

    EBook

  • Number Of Pages:

    186

  • Language:

    English

Individual Price: 695.00 INR 625.50 INR + Tax

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Studies have shown that there is a perfect link between strong IPR regime protected by the rule of law and economic development of a country. India is still at nascent stage when compared with the IPR regimes of developed economies. Hence, governmental and intergovernmental initiatives in association with commerce and industrial bodies are being taken up for creating awareness on IPR. As a signatory to many international treaties and conventions, India has modified many existing IPR laws and codified new ones to foster protection of Indian traditional knowledge and innovations emanate from research and professional institutions of India. Even though the researchers of software, pharmaceutical and biomedical fields are leading the pack of most number of patent applications received at Patent Offices in India, requirement of such awareness in other fields is necessary. It is felt that ignorance on legal and administrative procedures involved in filing for IPR is a major issue that needs to be addressed immediately. Although articles and books are written on the conventions/treaties and on the importance of IPR and its protection, non-availability of IPR information in the form of a concise ready reference on IPR/patents/designs/ copyrights/trade marks and laws, application forms and procedures thwarts common-man to understand IPR and related issues. Enhanced awareness on IPR laws and copyright procedures would help filings for IPR by scientists, teachers and researchePublication of this volume is an attempt to alleviate this ignorance and spread information on IPR, which may help the needy to understand the intricacies of IPR and apply for IPR. It covers topics on IPR including important definitions, history of evolution of IPR concepts, major organizations that control IPR in bilateral, multilateral and global forums, issues concerning developed and developing countries with reference to enforcement of IPR, implications of major treaties of IPR protection to which India is a signatory, management practices of IPR and finally suggestions on creating increased awareness on IPR. Written in a simple language and concise form, this volume is a comprehensive treatise on IPR required for common readers and professionals. In addition to individual papers that deal with specific topics in detail, provision of suitable application forms for copyrights, trade marks, patents, designs, etc., as annexure makes this volume necessary addition in libraries of private, public, academic and research institutions, legal institutions and practicing lawyers and charted accountants. As many academic institutions have included IPR in course curricula, this volume would serve as a textbook suitable for teaching too.

0 Start Pages

Preface Studies have shown that there is a perfect link between strong IPR regime protected by rule of law and economic development of a country. India is still at nascent stage when compared with the IPR regimes of developed economies. Hence, governmental and intergovernmental initiatives in association with commerce and industrial bodies are being taken up for creating awareness on IPR. Even though the researchers of software, pharmaceutical and biomedical fields are leading the pack of most number of patent applications, requirement of such awareness in other fields is felt necessary. Based on this necessity, Dr.Mu.Ramkumar conceived an idea to conduct a workshop for geoscientists in particular, researchers in general. Response to this clarion call has been overwhelming from all quarters namely, co-shouldering the conductance of workshop by Dr.A.Jayakumar, administrative and other supports from the University authorities, financial grants from CSIR, TNSCST, KMB Granites and Periyar University, lending physical and mental labour by faculty members and research scholars of the Departments of Geology and Commerce, etc. The conductance of workshop on IPR for geoscientists in Periyar University, Salem, is apt in atleast two major counts. First, the Salem district, wherein the Periyar University is located is considered to be the mineral belt of Tamil Nadu State. The second is, as the motto of Periyar University is Knowledge Maketh the World, and thus it is apt that the Periyar University conducted the workshop on IPR for geoscientists.

 
1 Understanding Intellectual Property Rights (IPR) is the Need of The Hour for Geoscientists
Mu.Ramkumar, A.Jayakumar and R.Suresh

ABSTRACT Concomitant with paradigm shift from agrarian and brick and mortar economy to knowledge and service based economy, India needs to adhere to the international conventions for the benefit of enriching its knowledgebase with which economic development and social welfare could be achieved. Although geoscientific research has been at the forefront and contributed immensely to our country’s economic development, number of applications for patents, copyrights, etc., on geoscientific concepts, databases, innovations, designs or processes has been negligible when compared with other branches of science. This paper intends drawing the attention of geoscientists on this lacuna and provides information on fundamental aspects of IPR that may be of help to geoscientists whose innovations are waiting to be filed for patents or copyright.

1 - 10 (10 Pages)
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2 Nature and Scope of Intellectual Property Rights
C. C. SUBHA

ABSTRACT The law of intellectual property has assumed utmost importance the World over, in the recent past and it is being considered as one of the most important subjects of law in view of its implications on economic, social and cultural realms. The term “intellectual property” has come to be internationally recognized as covering, patents, industrial designs, copyrights, trademarks, know-how and confidential information or trade secrets. This paper presents an overview on nature and scope of these elements of IPR.

11 - 24 (14 Pages)
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3 Review on Recent Developments in Registration of Inventions and Protection of IPR in India
T.POONGODI VIJAYAKUMAR and Mu.RAMKUMAR

ABSTRACT This paper provides an overview on existing IP protection and registration systems of India and adds information culled from publicly available sources pertaining to modernization efforts of Government of India towards establishment of foolproof IP protection in accordance with international treaties, conventions and bilateral and multilateral agreements.

25 - 39 (15 Pages)
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4 An Introduction to Patenting System of India
V. A. Ambigapathy

ABSTRACT This paper presents an outline on the patenting system prevailing in India.  INTRODUCTION Ideas and knowledge are increasingly important parts of trade. Most of the value of new medicines and other high technology products lies in the amount of invention, innovation, research, design and testing involved. Hence, protection of such values is paramount. This paper details how these values are protected in India.

41 - 44 (4 Pages)
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5 Copyright Laws of India:An Introduction
V.Thillaikumar and S. Gayathri

Abstract Intellectual property right (IPR) is the most serious, new branch of law and a legal right conferred by federal government in accordance with International conventions and treaties. IPR protects some of the finer manifestations of human achievement. IPR safeguards the application of ideas and information that are of commercial value. The exploitable ideas become more sophisticated and hope for a successful economic future depends increasingly upon the superior corpus of new knowledge and fashionable conceits.  Copyright law is one of the effective tools of IPR. Copyright law provides an incentive to creative activity of author and permits the society to benefit from those inventions. However, the technological advancement has made violation of copyright very easy and regulation very difficult. This paper aims at familiarizing  copyright laws and the powers enshrined in copyright laws.

45 - 54 (10 Pages)
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6 World Intellectual Property Organization (Wipo) and Its Role in Promotion and Protection of IPR
M.A. Thamizh Selvi

ABSTRACT This paper provides an overall view on the history, structure and functions of World Intellectual Property Rights Organization. Introduction Human genius is the source of all works of art and invention. These works are the guarantees of a life worthy of men.  It is duty of the state to ensure with diligence the protection of the arts and inventions,” reads an inscription on the copula in the WIPO Headquarters building in Geneva. True to this inscription, WIPO functions through various mechanisms fostering judicious utilization of human intellect.  This paper intends presenting an overview on WIPO.

55 - 62 (8 Pages)
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7 Historical Evolution of Intellectual Property Protection and The Road to Trips
Prabha S. Nair

ABSTRACT This paper provides an account on the origin of the concepts of IP, gradual development and their culmination at the TRIPS. Introduction Intellectual property rights form the most prominent and ever-expanding category of rights in the 21st Century. It differs from other proprietary rights in many respects and prevails in most articles of law, which influence our daily life. The economic significance of intellectual property rights has made it a subject of global political interest. In the broader sense, the term “intellectual property rights” connotes different categories of rights such as patents, copyrights, trademarks, designs, plant varieties, semiconductors, geographical indications, trade secrets and data exclusivity with varying scope

63 - 76 (14 Pages)
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8 Trips and its Implementation on Ipr Regimes of Developed and Developing Nations:An Overview
T. Agitha gopalakrishnan

ABSTRACT This paper takes cues from the previous paper on the evolution of IPR concepts and attempts explaining the nuggets of TRIPS and analyzes the current trends in its implementation. Introduction As the TRIPS Agreement signifies stronger protection of conventional and new areas of intellectual property, the question that how implementation of TRIPS could influence developed and developing countries is to be addressed. The implications of such influence have far reaching consequences in terms of socio-economic development of Nation States, including geopolitical strategies and hence, a proper understanding on the plausible influence is essential.

77 - 96 (20 Pages)
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9 IPR in The Era of Globalization
A.Jahitha Begum and M.Vakkil

ABSTRACT This paper attempts to portray prevailing scenario of IPR in the light of globalization with special emphasis on harmonization of IPR systems and laws of different countries.  INTRODUCTION The globalization of information, facilitated by the Internet, has significant implications for intellectual property regimes of national and international levels. Assessment of these implications and their probable outcomes is unavoidably value-driven. Globalization represents ever-increasing influence of developed nations and transnational entities over developing and less developed nations. The process has also brought in significant changes in understandings of sovergenity. An analysis of the implications of globalization of information on international and domestic intellectual property rights and legal regimes is a complex endeavor.

97 - 104 (8 Pages)
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10 Impact of Enforcement of IPR on Developing Countries
A. Vinayagamoorthy

ABSTRACT This paper is an attempt to analyze the plausible impacts on the economy and social issues of developing countries with reference to enforcement of IPR. Introduction From commodity based nature, business has changed during the past hundred years in a way that ideas and knowledge have taken higher value than commodities. Today, many companies find their most valuable assets being intangible and they are therefore dependent on functioning IPR systems. But does the rigid protection of IPR serve all the people in our globalized world? The purpose of this paper is to discuss the impact of the introduction of IPR protection on developing and under developed countries in the light of TRIPS Agreement.

105 - 112 (8 Pages)
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11 Issues and Implications of IPR : A Review
T.RAMAKRISHNA

ABSTRACT This paper discusses IPR concepts in the light of Indian culture and issues emanating from enforcement of those concepts in developing countries such as India. INTRODUCTION The adage “Knowledge is wealth” suits the present era well than any other period. India is known for its innovative thoughts since ages. However, it never monopolized the knowledge it possessed. In India, the knowledge of a person is thought to be utilized for the benefit of the society as an obligation of the knowledge holder. Does this mindset of Universal humanity (Vasudevo Kudumbagam) and common good (Sarva Sugino Bavandu) would benefit us in the materialistic society? This paper is an attempt to answer this query.

113 - 128 (16 Pages)
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12 Current and Future Trends of Intellectual Property Rights Management and Governance
R.Subramaniya Bharathy

ABSTRACT The concept and nature of intellectual property have undergone a paradigm shift during the last few decades. The importance of effective IPR governance has attracted the attention of its stakeholders. Hence, this paper focuses on the role of IPR governance and management practices for improving the quality of relationships among stakeholders besides documenting current and future trends of IPR governance and management. INTELLECTUAL PROPERTY RIGHTS – AN INTRODUCTION Intellectual property rights refer to the privileges granted by the government to any individual or organization for creative prowess. In recent years, such rights have gained immense importance. The laws in existence for protection and enforcement of these rights are meant to foster innovation and for regulating the use of inventions.

129 - 140 (12 Pages)
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13 Protection of Biogeoresources
Anamraju Rajanikanth

ABSTRACT This paper is an attempt to draw the attention of readers of this volume to understand the importance of documentation and preservation of earth’s resources.   Introduction Earth has innumerable treasures that were and are being exploited by mankind. Geo-resources in the form of minerals, non-renewable hydrocarbons, paleontologic relics and related evidences indicate earth’s evolutionary history. Continuum of biological activity albeit varying rates of proliferation had resulted in accumulation of natural resources embedded in Earth and distributed at specific geographical niches. Biological perspective of earth history is significant in unraveling bio-geo-sphere interactions through geological time. Fossil records of invertebrates, vertebrates and plants are signals of major changes in earth’s evolutionary history. These constitute unparalleled windows to understand continental separation. Intercontinental and intra continental migration of living forms are also traced through fossil study.

141 - 146 (6 Pages)
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14 Suggested Course of Action for Familiarization of IPR
Mu.Ramkumar, A.Jayakumar, K.Anbarasu, R.Suresh and T.Poongodi Vijayakumar

ABSTRACT This paper presents few measures to be taken up by academic institutions, professional societies, industrial bodies and governmental agencies for the propagation of information of IPR in terms of encouragement of publication of books on IPR, establishment of IPR cells in academic and professional institutions and making IPR education as part of curriculum in Universities and institutions of higher learning.

147 - 150 (4 Pages)
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15 Annexure

Annexure

 
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