Mid term paper on IPR : Copyrights
Intellectual Property
Intellectual Property refers to all the intangible creations of the human mind, from scientific inventions to literary and artistic works; from symbols to names and images used in commerce. Earlier, Neo classical economics considered land, labour and capital as things of value. But slowly information and energy are replacing them as wealth creating assets.[1]As , the world gets more and more mobile , information can be transported instantaneously around the world , and any advantage gained by a rival company can be discarded effectively overnight. In such a scenario, a major challenge for companies would be to provide a blanket of protection for creative work and innovation.
Intellectual Property is divided into two categories: 1. Industrial Property 2. Copyrights
Industrial Property includes patents for inventions, trademarks, industrial designs and geographical indications whereas Copyrights covers literary works, films, music, artistic works and architectural design.[2] Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and broadcasters in their radio and television programs.[2]
Intellectual Property Rights
Intellectual Property Rights are legal rights, which result from intellectual activity in industrial, scientific, literary & artistic fields.[3]These rights Safeguard creators and other producers of intellectual goods & services by granting them certain time-limited rights to control their use. Protected IP rights like other property can be a time-limited rights to control their use.
IPR’s can be further classified into[5] :
1. Patents. 2. Trademarks. 3. Copyrights and related rights. 4. Geographical Indications. 5. Industrial (Registered) Designs. 6. Protection of Undisclosed Information. 7. Layout Design for Integrated
References: : [1].Birla Institute of Technology and Science Pilani, Nov.2007 “ A manual to Intellectual Property Rights” [2].World Intellectual Organisation (WIPO) “What is Intellectual Property?” available at http://www.wipo.int/export/sites/www/freepublications/en/intproperty/450/wipo_pub_450.pdf [3].”Intellectual Property Rights” DCMSME, Govt. of India available at http://www.dcmsme.gov.in/emerge/website_material_on_IPR.pdf [5]. R.Saha “Management of Intellectual Property Rights in India” available at http://www.pfc.org.in/workshop/workshop.pdf [6] Hope Viner Samborn, “Hope for Copyright”,May 2009, available at http://www.abajournal.com/magazine/article/hope_for_copyright [7] PrAssoc. Press,” Obama ‘HOPE’ Artist and AP Settle Copyright Claims” (Jan. 12, 2011), available at http://www.ap.org/pages/about/whatsnew/wn_011211a.html [8] Editorial, “A Poster Child for Fair Use: In a Surprise Move, Shepard Fairey Settles with the Associated Press over the Obama ‘Hope’ Poster”, L.A. TIMES, Jan. 17, 2011, available at http://articles.latimes.com/ 2011/jan/17/opinion/la-ed-fairey-20110117. [9] Jo-Na Williams, “The New Symbol of ‘Hope’ For Fair Use: Shepard Fairey v. The Associated Press” , Oct. 2009