This document provides an overview of intellectual property rights. It discusses various types of intellectual property including patents, trademarks, copyrights, industrial designs, and trade secrets. It describes the functions and objectives of intellectual property protection, as well as ethical, legal, and international aspects. The document also presents a case study on the legal challenges faced by Napster for facilitating unauthorized sharing of music files, highlighting the importance of respecting intellectual property rights.

1. INTELLECTUAL PROPERTY RIGHT Presented By : Kamran Khan 3rd October 2011 Shri Ramdeobaba College Of Engineering & Management , Nagpur 1

3. It Is An Intangible Asset.

4. It Is An Idea.

5. It Is In Various Form.

6. It Require High Intellectual Effort.2

8. It Can Be Lease Or Rent.

9. It Can Pass Under Will.

10. It Can Be Assigned.3

12. To Incentivize Knowledge (Hence Wealth) Creation.

13. To Accumulate Knowledge In Culture.

14. To Protect Distinctive Identity.4

15. Branches Of Intellectual Property 5 Intellectual Property Industrial Property Copyright (Related Right)

17. To Protect Invention.

18. To Identify Ownership.

19. To Realize Possession.

20. To Restrict The Other.

21. It Includes :

22. Trademark Or Servicemark.

23. Patents.

24. Industrial Design.

25. Geographical Indication.6

27. Rights Of Reproduction.

28. Rights Of Communication.

29. Adaption Of Creation.

30. Translation Of Creation.

31. It Includes :

32. Original Literary.

33. Musical Creation.

34. Artistic Work.

35. Audio Visual Work.

36. Computer Program. Etc.7

39. Industrial Design.

40. Trademark Or Servicemark.

41. Copyright Or Related Right.

42. Geographical Indication.

43. Trade Secret.9

45. Examples : Telephone. Telescope. Etc. 10

46. A . Graham Bell’s Patent 11

47. Certificate To A . Graham Bell 12

50. To Provide Protection For Invention.

51. To Provide Award For New Or Further Development.

52. To Encourage For New Creativity.

53. To Provide Legal Ownership For A Period.14

55. Design Must Relate To Appearance Of The Object , Which Is Not Determined By Technical Or Functional Necessity.

56. Design Must Be New & Original.

57. It Is Not Necessarily Distinctive Like Trade Marks.

58. Notion Of Quality May Vary From Country To Country.

59. Examples : IPods , Cars , Televisions , Shoes , Etc.15

60. Industrial Design Of Apple’s IPod 16

62. To Enhance Aesthetics Of Products.

63. To Create Differentiation For Ones.

64. To Avoid Unfair Trade Practices.

65. To Benefits Ones From Its Creation.17

67. It Is A Sign That Is Used To Distinguish The Goods Or Services Offered By One Undertaking From Those Offered By Another.

68. It Is Usually Ensure A Level Of Quality – Be It Good Or Bad.

69. It Is Not Necessary To Meet The Quality Standards.

70. It Must Be Distinctive But Not Deceptive.18

71. Trademark Or Servicemark 19

73. To Provide Distinct Image Of Products Or Services.

74. To Provide Distinct Image In The Eyes Of Customer.

75. To Restrict Unfair Business Competition.

76. To Provide Glance To Quality Of Product Or Services.20

77. Different Types Of Marks In IP 21

79. Its Specific Climate , Soil , Method Of Production.

80. Indication Of Source On A Product Merely Indicates That The Product Originates In The Place Indicated.

81. Appellation Of Origin Indicates Not Only The Place Of Origin But Also The Essential Quality Link Between The Product & The Area Of Its Origin.

82. Examples : French Champagne , Tea From Darjeeling , Etc.22

83. French Champagne 23

85. It Can Be A Method , Knowledge , Steps , Data , Recipe Etc.

86. It Can Be Confidential Or Public.

87. It Can Be Physical Present Or Intellectually.

88. An Owner Has Right To Keep It Privately Or Publicly.

89. Example : “McDonald’s Food Recipe. 24

90. Different IP In One Object Trademark: Brand Name. Copyright: Arts Work. Industrial Design: Shape Of Body & Chassis Patent : M-Hawk Technology. 25

93. One Can Sell & One Can Acquired Possession.

94. One Can Acquired Property Without Creating It.

95. One Can Make It Unavailable For Others People.

96. Conclusion :

99. One Can Act Only If One Has Freedom To Choose One’s Action.

101. A Right To a Reasonable Amount Of Property Can Be Grounded In The Right To Agency.

102. Conclusion :

105. There May Be Utilitarian Obligation To Respect IP Rights.

107. It Provide Incentive To Develop New Ideas & Overall Utility.

108. Patent Law Allows Free Discussion & Exchange Of Ideas Despite IP Rights.

109. Conclusion :

112. It Is Created & Administered By The “World Trade Organization.

113. This Regulation Is Applied To All Countries Which Are Member Of “WTO”.

114. This Agreement Is Drafted & Negotiated In 1994.

115. It Is Amended In 2001 At Ministerial Conference “Doha”.

116. It Is Most Important & Multilateral Regulation For The Globalization Of Intellectual Property.

117. It Extends The Scope Of Intellectual Property In Collaboration Of Member Countries.

118. It Offers The Automatic Grant For Copyright Without Following The Traditional Procedure.

119. It Identifies The Excusive Right In Case Patent In Exception Cases.

120. It Makes A Compulsory Licensing for Each & Every Intellectual Property Which Is Beyond The Scope Of Its Categories.

121. It further Introduce The “Anti Circumvention Law” To Protect Digital Rights Management. 29

123. Design Act 1911 (2000).

124. Trade & Merchandise Mark Act 1958 (1999).

125. Copyright Act 1957 (1999).

126. Geographical Indication Of Goods Act 1999 (2002).

127. Trade Secret Section 27 Of Indian Contract Act 1872.30

129. Barriers To Entry.

130. Legal Protection.

131. Economic Life.

132. Profit Or Benefit From IP.

133. Unique Identity.

134. Growth Projection.

135. New Technology.31

137. Maintain Competitive Advantage.

138. Helps To Raise Fund.

139. Enjoy Fruitful Advantage.

140. Benefit To Consumer :

141. Confidence Of Quality.

142. Reduce Ambiguity.

143. Get Innovative Products Or Services.32

145. Encourage To Develop Innovative Ideas.

146. Financial Rewards From Ideas.

147. Opportunities To Fulfill Personal Needs.

148. Benefits To Society :

149. Growth In Enterprises & Creativity.

150. Innovation & Vibrancy.

151. Enhance Image Of Society.33

152. Case Study Vs 34

154. Introduction :

155. “Shawn Fanning” A 19 Years Old Student At Northeastern University , Boston Created P2P Music File Sharing Service.

156. P2P Technology Means That Individual User Can Connect With Each Other Directly Without Any Center Point Management.

157. The Purpose Of This Service Was Enable To People Copy & Distribute Music Files With Each Other.

158. “Napster” Was Released In June 1999 & Operated In This Format Till July 2001.

159. Napster Had To Face Legal Challenges Related To Intellectual Property & Copyright.

160. Napster Is Hybrid P2P Network It Uses Central Server , But User Have The Responsibility For Hosting Information & Sharing & Downloading Music Files.

161. Napster Was A Search Engine That Was Able To Find Only MP3 Files.

162. The MP3 Search Engine Had Ability To Trade MP3 Files Directly Without The Use Of Centralized Server For Storage.35

163. Contd… 36

165. Napster Index & Directory Were Uploaded On Napster’s Servers , All The MP3 Files Were Transferred Across The Internet Using several Internet Protocols Directly From One User To Other.

166. After One Year Release Of Services , Napster Claimed More Than 20 Million Unique Users Account.

167. Steps Taken In Against Of Napster’s Un-ethical Practices :

168. In 2000 , A & M Records Along With 18 Other Records Companies Sued Napster.

172. However Napster Did Not Only Move Content Into More Usable Format But Also Holds Copies So That Files Could Be Shared Among The Users Of Napster.

173. Although The District Court stated That If Napster Was Used Only Sample Music Files , It Would Require Limited Usage Of Songs & Not Entire Album. Thus Giving Capability To Users To Download The MP3 Files.

174. Further More , Napster Stated That Since Launch Of Napster , Music Sales Were Increased.38

176. The District Court Stated That Napster Did Not Provide Enough Evidence To Support That Notion & Plaintiff Present An Incredible Amount Of Evidence Indicating That Napster Actually Harmed Overall Music Sales.

177. In July 2000, The District Court For The Northern District Of California Decided That Napster Was Guilty For The Above Three Infringement.

178. In February 2001, The Ninth Circuit Court Of Appeals Confirmed The District Courts Decision.

179. In 2001, The Napster Case Were Settled, It Has To Pay $26 Million To Creators & Copyrighters For Using Their Music Without Authorization.

180. Another $10 Million For Further Licensing Royalties.

181. Consequences To Napster Inc. For Its Un-Ethical Practices :

182. In April 2001, Napster Had Assets Of $8 Million & Liabilities Over $100 Million.

183. In June 2002, Napster Filed for Bankruptcy.

184. Napster Still Exist But It Operates Under New Structure & Policy.

185. Now Napster’s Operation Is Legal & Ethical.

186. In September 2008, Napster Inc & Best Buy Co. Informed Public That They Agreed To Merge.39

188. Shawn Fanning’s Ideas For creating This Software Was Innovative & Highly Creative But It Lacked In The Legal & Ethical Base In Order To Protect Intellectual Property Rights Of Creators.40

189. 41 If You Are In Rules ! You Will Rule ! Thank You