Department Of Commerce Name Roll No Subject Donga

Department Of Commerce Name Roll No. Subject : Donga Sejal H. : 14 : Legal Aspects of corporate business Presented to : Dr. Daksha Pratapsinh Faculty : M. com, Sem. - 2 Academic Year : 2017 -18

Content • • • • Introduction What is intellectual Property? Meaning of Intellectual Property What is Intellectual Property Rights? Types of IPRs Intellectual Property Rights in India Legislation covering IPRs in India Conventions and Agreements WIPO WTO – TRIPs GATT GATS Conclusion

Introduction • Property is very complex concept to understand. It can be divided in to many ways : movable - immovable, Tangible - intangible etc. the division of property as movable , if it is tangible, was known in roman law and has been adopted by modern civil code. • New rights and properties like patent, copyright industrial designs, which came to be known as intellectual property rights received attention due to their unique characteristics.

What is Intellectual Property? ?

Meaning of intellectual property: • Intellectual Property refers to creation of mind i. e. inventions, industrial designs for article literary & artistic work, symbols etc. used in commerce. • Two categories: Industrial property and Copyright

What is intellectual property rights? • Intellectual Property Rights are rights assigned to the creators of intellectual property (individuals or Organization) regarding its exclusive use. • Intellectual Property Rights can be defined as the rights given to people over the creation of their minds. They usually give the creator an exclusion right over the use of his/ her creation for a certain period of time.

Intellectual property Rights in India

Legislation covering IPRs in India: • Patent : The Patent Act, 1970 as amended in 1999, 2002 and 2005 • Design : The Design Act, 2000 as a New has been enacted superseding the earlier Designs Act, 1911 • Trademark : The Trade marks Act, 1999 • Copyright : The Copyright Act, 1957 as amended in 1983, 1984 and 1992, 1994, 1999 • Layout Design of Integrated Circuits : The Semiconductor Integrated Circuits Layout Design Act, 2000 • Geographical Indications : The Geographical Indications of Goods (Registration and Protection) Act, 1999 • Plant Varieties : The Protection of Plant Variety and Farmers’ Right Act, 2001

The IPR regime is managed by many conventions and agreements. They are: Year Conventions and agreements 1883 Paris Convention for the protection of industrial property 1886 Berne Convention for the Protection of Literary and Artistic Works 1891 Madrid Agreement Concerning the International Registration of Trademarks 1947 Formation of General Agreement on Tariffs & Trade (GATT) 1958 Lisbon Agreement for the protection of Appellations of Origin and their International Registration 1961 Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organization 1967 Decision to form World Intellectual Property Organization (WIPO) by UN 1970 Patent Cooperation Treaty (PCT) 1994 WIPO established WTO which administered the TRIPs 1995 TRIPs came into effect

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

WTO- TRIPs (Trade Related Aspects of intellectual property rights) • TRIPs is a world trade organization (WTO) agreement designed by developed countries to enforce a global minimum standard of Intellectual Property Rights. • TRIPs Agreement gives set of provision deals with domestic procedures and remedies for the enforcement of intellectual property rights.

GATT (General Agreement on Tariffs and Trade) • It came into existence as a result of failure of efforts to make ITO – International Trade Organization. • It came into function in 1947 and remain till 1994. • Its purpose is the “substantial reduction of tariffs and other barriers and the elimination of preferences, on a reciprocal and manually advantageous basis”

GATS (Agreement on Trade in Services) • The General Agreement on Trade in Services (GATS) is the first multilateral agreement covering trade in services. • It came into effect in 1995 and is being negotiated under the auspices of World Trade Organization (WTO). • The GATS provide a framework of rules governing services trade, established a mechanism for countries to make commitments to liberalize trade in services and provides a mechanism for disputes between countries.

Conclusion • We conclude that Intellectual Property Rights (IPR) is a right granted to us for the protection of our intellectual work, innovative ideas and creative designs. • It provides confidence to the innovator that his work will never get stolen by anyone else.