International-Business-Dr-R-Chandran-E-book
International-Business-Dr-R-Chandran-E-book International-Business-Dr-R-Chandran-E-book
180 International Business- Dr. R. Chandran 10. INTELLECTUAL PROPERTY RIGHTS Human brain is a powerful creator, executor and controller of every function in the world, if optimum utilized. By converting its efforts one becomes world renowned, others remain common. Invent, Create and beyond, Commercialise. Learning value: On going through this chapter reader will understand: 1. The concept and importance of IPR 2. Classification of IPR 3. Methods of protecting IPR 4. Procedure to file IPR What would have happened if Stevenson had not invented steam engine, Edison had not invented gramophone, Graham Bell had not invented telephone, Albert & Wilbert had not invented airplane and finally Einstein had not propounded three laws of gravitational force? Every product/s we use or enjoy is an outcome of known and unknown intellectuals. They continue to invent for the society and future. “It is intangible, sometimes perishable, infringeable and intrudable property of mind could be encashed by anyone if it is not legally protected”. Intellectual property refers to ideas, discoveries and inventions that can be commercially exploited. At one time, intellectual property was manipulated by smart business. They could take ideas from innovations and inventors and make fortune. Currently, such inventions can be owned, protected and marketed by the inventor himself. Such legal protection is scheduled as a part of the WTO agreement. In some sectors like the pharmaceutical, chemical, engineering and manufacturing sectors ‘Intellectual Property Rights’ has become common parlance. Only for Private Circulation
181 International Business- Dr. R. Chandran The term Intellectual Property Rights (IPR) is often shortened further to Intellectual Property (IP). Intellectual property is a series of legal rights that afford, in most cases temporary protection for different types of inventions, designs, brand names or original creations. The legal rights given are the rights to prevent unauthorized use of the invention, design, brand name or creation for the period of protection. The right given can be an absolute monopoly right or simply a right to prevent reproduction. The legal rights in intellectual property can be transferred between parties, licensed to other parties and can even mortgage or used as security. IP only comes into existence after an application has been made and/or registration has been obtained. Alternatively, it may come into existence automatically upon creation of an original design or other work or upon the creation of a reputed brand name, with most forms of intellectual property, the temporary protection afford expires after a finite term. However, this is not true for all forms protection, some of which can last forever. The various forms of intellectual property are given briefly below. Components of IPR in current context Patents: New and inventive technical innovations can enjoy an absolute monopoly for twenty years. Supplementary Protection Certificate: This is an extension of up to five years on the absolute monopoly given by a patent, where the invention consists of a medicinal product for which approval by the relevant authority has yet to be given. Trademarks: The owner of a trademark has an absolute monopoly for ten years. The legal protection of any brand name has the title of trademark and it is shown on any product as TM. Designs: This is an absolute monopoly for twenty-five years, given for a new design of a manufactured article. Unregistered Design Right: This prevents reproduction of an original design, which lasts for a maximum of fifteen years. Copyright: Copyright prevents reproduction of an original literary, artistic, musical or dramatic work. It is valid for a period of seventy years after the death of the author. Only for Private Circulation
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181<br />
<strong>International</strong> <strong>Business</strong>- <strong>Dr</strong>. R. <strong>Chandran</strong><br />
The term Intellectual Property Rights (IPR) is often shortened further to<br />
Intellectual Property (IP). Intellectual property is a series of legal rights that<br />
afford, in most cases temporary protection for different types of inventions,<br />
designs, brand names or original creations. The legal rights given are the<br />
rights to prevent unauthorized use of the invention, design, brand name or<br />
creation for the period of protection. The right given can be an absolute<br />
monopoly right or simply a right to prevent reproduction.<br />
The legal rights in intellectual property can be transferred between<br />
parties, licensed to other parties and can even mortgage or used as security.<br />
IP only comes into existence after an application has been made and/or<br />
registration has been obtained. Alternatively, it may come into existence<br />
automatically upon creation of an original design or other work or upon the<br />
creation of a reputed brand name, with most forms of intellectual property,<br />
the temporary protection afford expires after a finite term. However, this is<br />
not true for all forms protection, some of which can last forever. The various<br />
forms of intellectual property are given briefly below.<br />
Components of IPR in current context<br />
Patents: New and inventive technical innovations can enjoy an absolute<br />
monopoly for twenty years.<br />
Supplementary Protection Certificate: This is an extension of up to five<br />
years on the absolute monopoly given by a patent, where the invention<br />
consists of a medicinal product for which approval by the relevant authority<br />
has yet to be given.<br />
Trademarks: The owner of a trademark has an absolute monopoly for ten<br />
years. The legal protection of any brand name has the title of trademark and<br />
it is shown on any product as TM.<br />
Designs: This is an absolute monopoly for twenty-five years, given for a<br />
new design of a manufactured article.<br />
Unregistered Design Right: This prevents reproduction of an original<br />
design, which lasts for a maximum of fifteen years.<br />
Copyright: Copyright prevents reproduction of an original literary, artistic,<br />
musical or dramatic work. It is valid for a period of seventy years after the<br />
death of the author.<br />
Only for Private Circulation