Thursday, April 25, 2019

The right idea - a guide to intellectual property

Immediately after the Hollywood blockbuster The Social Network, have you ever thought about what you will do? In today's fast-paced, knowledge-based economy, inventions and "Eureka" moments are shaping trends. Thought and intellectual or intellectual capital are the foundation of economic development. The value of thought is considered to be intellectual property that must be protected, albeit conditional. and so from

Intellectual property
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 [IPR] is the legal right to generate knowledge in the fields of science, literature and art. The origins of intellectual property and the promise of intellectual property were established as early as the 18th century. The terminology was mentioned in some court decisions of the 19th century, and the history of patents can be traced back to later. As you can see from the history, although the concept of intellectual property itself was not developed at the time, the concept of prohibiting Jewish law was stolen in the 16th century. Intellectual property allows creative creators to enjoy certain exclusive rights to intangible assets for a limited period of time to control the use of these works. Intellectual property is designed to provide ethical and legal rights to creators on the one hand, and to promote creativity, development and fair competition on the other.

It is the proliferation of industrialization and free trade that has led people to believe that intellectual property is essential and must be regulated. At the Vienna International Invention Exhibition held in 1873, many inventors refused to participate in this event, arguing that their ideas would be stolen and used in other countries. This led to the development of the 1883 Paris Convention for the Protection of Industrial Property. Simply put, it allows people to protect their work from exploitation in other countries. Pay close attention to the 1886 Berne Convention for the Protection of Literary and Artistic Works and extend intellectual property rights to the copyright field. This marks the artist's right to create for them. In 1893, the two jointly established the United Nations International Intellectual Property Organization through the 1967 Stockholm Convention to protect the United Nations Intellectual Property Organization. WIPO's mission is to promote the creation, distribution, culture and social progress of all humanity through international cooperation. .

Speaking of India's intellectual property law, intellectual property experts Abhilasha Kambhat and Rajasthan High Court lawyers said: "Only in the past 15 to 20 years, people have become more aware of intellectual property. Spread knowledge about the subject in the following ways. Interaction with industry and other stakeholders is an important reason for this positive change. "Amarjit Singh, the pioneering authority and managing partner of intellectual property, Amarjit and Associates, a Delhi-based intellectual property boutique, believes that economic liberalization has dramatically changed. Intellectual property rules. Anand, one of the top law firms in India, and Shruti Sondhi, managing assistant of Anand Associates, said intellectual property will only grow stronger.

But intellectual property is not without fair criticism. Richard Stallman, founder of the free software GNU project, believes that the term intellectual property itself is flawed because it is used as the primary umbrella for integrating different elements such as copyrights, patents, and trademarks. On the other hand, some believe that intellectual property protects the creativity of ideas and should be considered like any other tangible or intangible asset.

As more and more cases are exposed, India will face challenges in the field of intellectual property. Hari Subramanium, a leading patent attorney in Kerala, India, said: "Copyright is an area where intellectual property rights will face enormous challenges because we have seen violations of music, books and other media. The expertise required to understand is We need to work in the field"

Famous case

  • A&M Records vs Napster [2001] - Napster is a peer-to-peer music sharing site that had to pay $26 million to different record companies and songwriters before closing in 2002.

  • Princeton University Press and the Michigan Document Services Bureau produced brochures and sold them to students through photocopying materials provided by the University. The court held that this was not a "fair use" and penalized the photocopying company.

  • Zippo Manufacturing and Mookchandani and other companies - Zippo won an example of a shape tag on their lighter that was copied on other cheaper lighters in India.

  • Harry Potter and the Harid Warner Brothers lost their case for a similar sound movie title because it claimed that the subject matter was different in Bollywood movies.

  • Austin Nichols and Jagatjit Industries Limited-Jagatjit Industries have lost their right to use the Blender Proud Trademark.

  • Patent infringement cases of various pharmaceutical companies.





Orignal From: The right idea - a guide to intellectual property

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