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Unit I

The document provides an overview of Intellectual Property Law, defining intellectual property rights (IPR) and detailing its various types, including copyrights, patents, trademarks, and trade secrets. It discusses the importance of IPR in encouraging innovation and economic growth while balancing the rights of creators with public interest. Additionally, it outlines the agencies responsible for IPR registration and the international agreements that govern these rights.

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0% found this document useful (0 votes)
43 views16 pages

Unit I

The document provides an overview of Intellectual Property Law, defining intellectual property rights (IPR) and detailing its various types, including copyrights, patents, trademarks, and trade secrets. It discusses the importance of IPR in encouraging innovation and economic growth while balancing the rights of creators with public interest. Additionally, it outlines the agencies responsible for IPR registration and the international agreements that govern these rights.

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22kq1a4719
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© © All Rights Reserved
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UNIT-1

INTRODUCTION TO INTELLECTUAL PROPERTY LAW

Syllabus:IntroductiontoIntellectualPropertyLaw–IntellectualPropertyLawBasics

- Typesof Intellectual Property- Innovations and Inventions of Trade related


IntellectualPropertyRights–AgenciesResponsibleforIntellectualPropertyRegistration–
Infringement- OveruseorMisuse ofIntellectual PropertyRights.

1)DEFINE IPR

Intellectual property rights (IPR) are legal protections that grant creators exclusive rights to their
inventions, designs, and artistic works. These rights aim to encourage innovation and creativity by
allowing creators to control the use of their creations and benefit financially from them.

There are several main types of intellectual property rights:

1.Copyright: Protects original works of authorship, such as literature, music, and art, giving
creators exclusive rights to reproduce, distribute, and display their work.

2.Patents: Protect inventions or processes for a certain period, typically 20 years, preventing
others from making, using, or selling the invention without permission.

3.Trademarks: Protect symbols, names, and slogans used to identify goods or services, helping
to distinguish them from those of others.

4.Trade Secrets: Protect confidential business information, such as formulas or processes, that
gives a company a competitive edge.

1Q.INTRODUCTION TO INTELLECTUAL PROPERTY LAW:


Intellectual property law: Intellectual property law deals with the rules for securing
and enforcing legal rights to inventions, designs, and artistic works. Just as the law protects
ownership of personal property and real estate, so too does it protect the exclusive control of
intangible assets. The purpose of these laws is to give an incentive for people to develop
creative works that benefit society, by ensuring they can profit fromtheir works without fear
of misappropriation by others.

IP Law provides certain protections for products that were created out of a person’s
own mental process, and establish ownership for marketable ideas.

There are several types of intellectual property rights, including:

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1. Patents: Protect inventions and innovations,

2. Copyrights: Protect literary and artistic works, such as music, films and software.

3. Trade mark: Protects symbols, name and logos such in commerce.

4 Trade secrets: Protect confidential information, such as business methods or


recipes.

5. Industrial design: Protect the appearance of product or designs

Intellectual property law provides legal protections for creators and inventors to
exclusive rights to make , use ,and sell their creations. This helps to

1. Encourage innovations and creativity.

2. Promote investment in research and development.

3. Support economic growth and development.

4. Protect consumers from deception and confusion

INTELLECTUAL PROPERY LAW BASICS:

Intellectual property is a field of law that aims at protecting the knowledge created
through human efforts in order to stimulate and promote further creativity. Authors who write
books and musicians who compose songs would be unlikely to engage in further creative
efforts unless they could realize profit from their endeavors. If their work could ne
misappropriated and sold by others, they would have no incentive to create further works.
Pharmaceutical companies would not invest millions of dollars into research and
development of new drugs unless they could be assured that their inventions would enable
them to recover these costs and develop additional drugs.

On the other hand, if owner of intellectual property is given complete and perpetual
rights to his or her invention or work, the owner would have a monopoly and be able to
charge excessive prices for the invention or work, which would harm the public.

Intellectual property law attempts to resolve these conflicting goals to that owners’
right to reap the reward soft heir efforts are balanced against the public need for a competitive
marketplace

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Thus, for example, under federal law, a patent for a useful invention will last for only 20 years
from the date an application for the patent is field. After that period of time, the patent expires,
and anyone is free to produce and sell the product.

Intellectual property law is based on the following principles

1.Ownership: the creator of a work or invention has the right to own and control their
intellectual property.

2. Exclusivity: The owner of intellectual property has the exclusive right to reproduce,
distribute, and display their work, as well as create derivative works.

3. Limited term: Intellectual property rights are limited in time, with the exception of
trademarks, which can be renewed indefinitely.

4. Territoriality: Intellectual property rights are territorial and only apply to the country where
the work or invention was created or registered.

5.National treatment: Foreign works and inventions are given the same protection as domestic
works and inventions.

6. Automatic protection: Copy right protection arises automatically as soon as a work is fixed
in a tangible form, while patent protection requires registration.

7.Public domain: Works that are no longer protected by intellectual property rights enter the
public domain and can be used freely.

8.Fair use: The use of copyright works for certain purposes, such as criticism, commentary,
news reporting, teaching, scholarship, or research, in considered fair use and is not considered an
infringement of copyright.

9. Protection of moral rights: The creator of a work has the right to claim authorship and object
to any distortion, mutilation, or modification of their work.

Legislations Relating to IPR&Pin India: The procedure for grant of IPRs in India has been
formulated from time to time. At present the following legislations on IPRs are in force in
India:

 The patent Act, 1970 as amended by the Patent (Amendments) Act, 2005 along with the
Patent (Amendments) Rules, 2005 (effective from 01.01.2005).

 TheDesignsAct2005withTheDesignRules,2001.

 The Trade Mark Rules, 1999alongwithTheTradeMarkRules, 2002.

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 The Geographical Indications of Goods (Registration and Protection) Act, 1999 and the
geographical indications of goods (registration and protection) rules, 2002.

 The copyright Act 1957, Copyright (Amendment) Act 1994, Copyright (Amendment) Act
1999 (effective from15.01.2000).

As the laws governing the grant of all these intellectual properties vary from country
to country, these are some global efforts to harmonize IP laws and procedures or to establish
minimum standard for protection. These efforts are reflected in the international treaties and
conventions like Paris convention, patent cooperation treaty and IPR&Ps, which have been
reflected by most of the countries.

2Q. TYPES OF INTELLECTUAL PROPERTY:


The main types of intellectual property rights are
1. Trade Mark
2. Copyrights
3. Patents
4. Trade secrets

1. TradeMark:When George Eastmancameup withthe name KODAK® forhis camera in


1883, what he came with was a trademark. A trademark is a sign capable of distinguishing
the goods or services of one enterprise from those of other enterprises. Trademarks are
protected by intellectual property rights.
A word or a combination of words, letters, and numerals can perfectly constitute a
trademark. But trademarks may also consist of drawings, symbols, three-dimensional features
such as the shape and packaging of goods, non-visible signs such as sounds or fragrances, or
color shades used as distinguishing features – the possibilities are almost limitless.
ChoosingaTradeMark: The strength of a trademark varies according to

 Generic: name of product or service


 Descriptive: tells something about product or service directly
 Suggestive: suggest something about product or service indirectly
 Arbitrary: no relationship to product or service

2. Copy rights: When Ernest Hemingway wrote The Old Man and the Sea in 1952, what
he wrote was protected by copyright. Copyright (or author’s right) is a legal term used to
describe the rights that creators have over their literaryand artistic works. Works covered
by copyright range from books, music, paintings, sculpture, and films, to computer
programs, databases, advertisements, maps, and technical drawings.

Exclusive rights of copyright owner:


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• Reproduce work
• Prepare derivative works
• Distribute work to the public
• Perform work in public
• Display work in public

3. Patents: When Thomas Edison ran electricity through an incandescent filament in1879,
he 6 ALIET IPR&P invented the modern light bulb, and what he got for it was a patent.
Patents protect inventions. A patent is a propertyright given bythe government to an
inventorthat givesthe inventorthe right to excludeothersfrommaking, using,offering for
sale or selling the invention. In return for that exclusive right, the inventor must disclose
the invention to the public so that others can learn from it.
Types of patents :
There are several different types of patents
1. Design Patent: Design patents cover the or name ntal features(i.e., appearance)ofa
product.
2. UtilityPatent: Utility patents are the most common ,and they cover processes,
machines, articles of manufacture, and compositions of matter.
3. PlantPatent:Plant patentscovernewlydevelopedvarietiesofplantsprovided they can
be reproduced asexually.
Requirements for patentability
 Novelty: Must be “new” (i.e., not alreadyknowthe generalpublic orthose skilled in
The field of invention).
 Utility:Musthaveauseful purposeandactual work.Mustnotbefrivolousor immoral.
 Non-Obviousness : Must not be obvious to a p with ordinary skill in the field of
the invention at time the invention was made.
 Term:typically 20years,butactual term varies depending upon country issuing
patent

4. Trade Secrets:When Dr. John S. Pemberton mixed together sugar syrup andother
ingredients in 1886 to make a refreshing new beverage, he came up with the secret
formula for COCACOLA®. He kept it secret and protected it as a trade secret. A
trade secret is information that: (1) provides a business with acompetitive
advantage; and (2) is treated in a waythat can reasonably be expected to prevent
the public or competitors from learning about it, absent improper acquisition or
theft.
Trade secrets examples: A formula for a soft drinks, Marketing strategies,
Manufacturing techniques, Computer algorithms, Customer lists.
5. Industrial design: In a legal sense, an industrial design constitutes the ornamental
or aesthetic aspect of an article. An industrial design may consist of three
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dimensional features, such as the shape of an article, or two dimensional features,
such as patterns, lines or color.
6. Geographical Indications: A geographical indication (GI) is a sign used on
products that have a specific geographical origin and possess qualities or a
reputation that are due to that origin. In order to function as a GI, a sign must
identify a product as originating in a given place. In addition, the qualities,
characteristics orreputationofthe product should be essentiallydue tothe place of
origin. Since the qualities depend on the geographicalplace of production, there is a
clear link between the product and its original place of production.
7. Plant varieties: Plant VarietyProtectioninIndia: Plant varietyprotectionprovides
legal protection of a plant variety to a breeder in the form of Plant Breeder’s
Rights. The application for the registration of a plant variety is filed at Protectionof
Plant Varieties and Farmers’ Rights Authority and its Head Quarters is locatedat
NASC Complex, DPS Marg, Opp-Todapur, New Delhi-110012.

IP rights are important for encouraging innovation, creativity, and economic growth.
They also help to:

1. Protect creators' rights and interests.


2. Promote investment in research and development.
3. Support innovation and entrepreneurship.
4. Enhance consumer trust and confidence.
5. Foster international trade and cooperation.

4Q.INNOVATIONS AND INVENTIONS OF TRADER RELATED INTELLECTUAL PROPERTY RIGHTS|:

TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS):


The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an
international agreement administered by the World Trade Organization (WTO) that sets
down minimum standards for many forms of intellectual property (IP) regulation as
applied to nationals of other WTO Members. The World Trade Organization (WTO) is an
intergovernmental organization which regulates international trade.

Trade related intellectual property rights (TRIPS) have a fascinating ;history of innovation
and invention .Here’s a brief overview:
1.Early beginnings: Intellectual property protection dates back to ancient civilizations,
such as Greece and Rome, where creators were granted Exclusive rights to their works.
2.Industrial Revolution: the industrial revolution (18th—19th ) saw significant innovations
in technology, leading to the development of modern IP law, including patents, trademarks
and copyrights.
3. Paris Convention(1883): This international treaty established basic principles for IP
protection, including national treatment and priority right.

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4. Berne Convention(1886): Focused on copyright protection, this treaty set standards for
authors’s rights and encouraged international co-operation.

5. TRIPs Agreement (1994): 5. A landmark agreement under the World Trade


Organization (WTO), TRIPs established a comprehensive framework for IP protection,
enforcement, and dispute resolution, covering:
a. Copyright and related rights
b. Trademarks
c. Geographical indications
d. Industrial designs
e. Patents
f. Undisclosed information (trade secrets)
g. Anti-competitive practices

1. Digital era innovations: The rise of digital technologies has led to new challenges and
opportunities in IP protection, such as:

a. Digital rights management (DRM)


b. Online copyright enforcement
c. Patent protection for software and business methods
d. Domain name dispute resolution

2. Ongoing evolution: TRIPs continues to adapt to emerging technologies and global


challenges, such as:

a. Artificial intelligence and machine learning


b. Biotechnology and genetic resources
c. Climate change and green technologies
d. E-commerce and digital trade

The innovation and invention of TRIPs have played a crucial role in promoting creativity,
innovation, and economic growth, while also addressing global challenges and adapting to
new technologies.

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IPRs are-covered underTRIPS:

The IPRs covered by the TRIPS Agreement are:


1. Patents(for inventions)
2. Copyrights(for creative/artistic/software)
3. Trademarks(formarksused intrade)
4. IndustrialDesigns(for externalshape)
5. Layout DesignofIntegratedCircuits
6. Plant Varieties (for new varieties of plants e.g a rose plant bearing roses of several
colors) 7. Geographical Indications (for goods from particular region e.gDaljeeling Tea,
Kullu Shawls)
8. TradeSecrets(for informationofcommercialimportance)

The agreement covers five broad issues:


 Howbasicprinciplesofthetradingsystemandotherinternationalintellectual property
agreements should be applied
 How to give adequate protection to intellectual property rights
 How countries should enforce those rights adequately in their own territories
 How to settle disputes on intellectual property between members of the WTO.
 Special transitional arrangements during the period when the new system is being
introduced.
5Q.AGENCIES RESPONSIBLE FOR INTELLECTUAL PROPERTY REGISTRATION:

There are a number of international organizations and agencies that promote the use and
protection of intellectual property:
1. United States:
- United States Patent and Trademark Office (USPTO) - patents, trademarks
- United States Copyright Office - copyrights
2. European Union:
- European Union Intellectual Property Office (EUIPO) - trademarks, designs
- European Patent Office (EPO) - patents
3. Canada:
- Canadian Intellectual Property Office (CIPO) - patents, trademarks, copyrights,
industrial designs
4. United Kingdom:
- Intellectual Property Office (IPO) - patents, trademarks, designs, copyrights
5. Australia:
- IP Australia - patents, trademarks, designs, copyrights
6. India:
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- Office of the Controller General of Patents, Designs and Trade Marks - patents,
trademarks, designs
- Copyright Office - copyrights
7. China:
- China National Intellectual Property Administration (CNIPA) - patents, trademarks,
designs
- National Copyright Administration - copyrights
8. Japan:
- Japan Patent Office (JPO) - patents, trademarks, designs
- Copyright Office - copyrights
9. South Africa:
- Companies and Intellectual Property Commission (CIPC) - patents, trademarks,
designs, copyrights
10. World Intellectual Property Organization (WIPO):
- International registration of trademarks, patents, and industrial designs

Please note that this is not an exhaustive list, and there may be additional agencies
responsible for IP registration in other countries or regions.

1. International Trademark Association(INTA)


2. World Intellectual Property Organization(WIPO)
3. Paris Convention.
4. Berne Convention(for the protection of literary and artistic works)
5. Madrid Protocol
6. North American Free Trade Agreement(NAFTA)
7. General Agreement on Tariffs and Trade (GATT)

1. International Trademark Association (INTA):The International Trademark


Association (INTA) is a worldwide not-for-profit advocacy association of trademark
owners and professionals dedicated to supporting trademarks and intellectual property in
order to protect consumers and to promote fair and effective global commerce.
INTA’smembersare morethan6,500organizationsfrom190countries.The Association's
member organizations represent some 30,000 trademark professionals and include brand
owners from major corporations as wellas small and medium-sized enterprises, law firms
and nonprofits. There are also government agency members as well as individualprofessor
and student members.
Activities:INTAprovidesservicestoitsmembersandthepublicinthreemainareas:

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GlobalTrademarkResources, Programs&Events,andPolicy& Advocacy.
2. World Intellectual Property Organization (WIPO ): World Intellectual Property
Organization (WIPO), international organization designed to promote the worldwide
protection of both industrial property (inventions, trademarks, and designs) and
copyrighted materials (literary, musical, photographic, and other artistic works). The
organization, established by a convention signed in Stockholm in 1967, began operations
in 1970 and became a specialized agency of the United Nations in December 1974. It is
headquartered in Geneva, Switzerland. WIPO currently has 188 member states,
administers 26 international treaties.
Purpose: The purposes of WIPO aretwofold: (1) to promote the protection of intellectual
property throughout the world through cooperation among states and, where appropriate,in
collaboration with anyother international organization; and (2) to ensure administrative
cooperation among the unions.
Agreement between the WIPO and WTO: To facilitate the implementation of theTRIPS
Agreement, the Council for TRIPS concluded with WIPO an agreement on cooperation
between WIPO and the WTO, which came into force on 1 January 1996. As explicitly set
out in the Preamble to the TRIPS Agreement, the WTO desires a mutually supportive
relationship with WIPO. The Agreement provides cooperation in three main areas, namely
notification of, access to and translation of national laws and regulations, implementation
of procedures for the protection of national emblems, and technical cooperation.

3. Paris Convention: The Paris Convention for the Protection of Industrial Property,
signed in Paris, France, on 20 March 1883, was one of the first intellectual property
treaties. It established a Union forthe protection of industrialproperty. The Convention is
currently still in force. The Paris convention is based on the principle of reciprocity, sothat
foreign trademark and patent owners may obtain in a member country the same legal
protection for their marks and patents as can citizens ofthose countries. It is administered
by WIPO. After a diplomatic conference in Paris in 1880, the Convention was signed in
1883 by11 countries: Belgium, Brazil, France, Italy, the Netherlands, and Portugalare six
of them. As of September 2014, the Convention has 176 contracting member countries,
which makes it one of the most widely adopted treaties worldwide.

4. Berne Convention:The Berne Convention for the Protection of Literary and Artistic
Works, usually known as the Berne Convention, is an international agreement governing
copyright, which was first accepted in Berne, Switzerland, in 1886. It has 171 contracting
parties. The United States became a part to the Berne convention in 1989. It is
administered by WIPO. And is based on the percept that each member nation must treat
nationals of other member countries like its own nationals for purpose of copyright.

5. Madrid Protocol: The Madrid Protocol(Protocol), an internationaltreaty, was adopted


in1989inordertoremovethedifficultiesthatweredeterringsomecountriesfrom

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acceding to the Madrid Agreement (Agreement), the 1891 treaty that established the
system for the international registration of trademarks. The Protocol, which has been in
force since April 1, 1996, has become a convenient and economical means of securing
trademark registration in member countries in Asia, Africa, Europe, and the Middle East,
the Pacific Rim and the Western Hemisphere and the like. Total Contracting Parties are97.

6. North American Free Trade Agreements (NAFTA): In 1994, the North American
Free Trade Agreement (NAFTA) came into effect, creating one ofthe world's largest free
trade zones and laying the foundations for strong economic growth and rising prosperity
for Canada, the United States, and Mexico. Since then, NAFTA has demonstrated howfree
trade increases wealth and competitiveness, delivering real benefits to families, farmers,
workers, manufacturers, and consumers. The NAFTA is a comprehensive agreement that
sets the rules for international trade and investment between Canada, The UD and Mexico.

7. General Agreement on Tariffs and Trade (GATT): General Agreement on Tariffsand


Trade (GATT) was a multilateralagreement regulating international trade. According to
itspreamble, itspurposewasthe"substantialreductionoftariffs andothertradebarriers and the
elimination of preferences, on a reciprocal and mutually advantageous basis." It was
negotiated during the United Nations Conference on Trade and Employment and was the
outcome of the failure of negotiating governments to create the International Trade
Organization (ITO). GATT was signed by 23 nations in Geneva on October 30, 1947 and
took effect onJanuary1, 1948. It lasted untilthe signature by123 nations in Marrakeshon
April 14, 1994 of the Uruguay Round Agreements, which established the World Trade
Organization (WTO) on January 1, 1995.

6Q.INFRINGEMENT:
“Infringement” is a legal term for an act that means breaking a law. IP rights are
infringed when a product, creation or invention protected by IP laws are exploited, copied
or otherwise used without having the proper authorization, permission or allowance from
the person who owns those rights or their representative. It can range from using
technology protected by a patent to selling counterfeit medicines/software or copying a
film and making it available online.
Risks for business:
 Legalliability
 Securityrisks
 Reputationalrisks
 Resourceimplications

1. Patent infringement:Infringing a patent means manufacturing, using, selling or


importing a patented product or process with out the patent owner’s permission. The
owner

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of a patent can take legal action against you and claim damages if you infringe theirpatent.

Remedies for Patent Infringement:A suit can lie in the District or High court. It may
issue an injunction either to prevent the infringer from any further use & award damagesto
the patent owner or will pay the patent owner royalties for further use.

Example:ApplesuedHTCoveriPhonepatents:
Apple sued phone maker HTC and has filed a complaint with the U.S.International
Trade Commission, alleging that the Taiwanese company is infringing 20 Apple patents
related to the iPhone.
Steve Jobs, Apple's CEO, said in a statement "We think competition is healthy,but
competitors should create their own original technology, not steal ours."

2. Trademark infringement: Trademark infringement is a violation of the exclusive


rights attached to a trademark without the authorization of the trademark owner or any
licensees (provided that such authorization was within the scope of the license).
Remedies for Trademark Infringement: A suit can lie in District or High court.
Punishment extends from 6 months to 3 years and a permanent bans on engaging in
commercial activities.
Example ofa successfulcivilenforcement action : Three Suits filed by Adidas Saloman
AG in the Delhi High Court against counterfeiters. At the initial stage, infringing goods
were seized bythe LocalCommissioner Caseswere decreed recently &damagesofRs. 15
lakhs was awarded to Adidas Saloman

3. Copyright infringement: Copyright infringement is the use of works protected by


copyright law without permission, infringing certain exclusive rights granted to the
copyright holder, such as the right to reproduce, distribute, display or perform the
protected work, or to make derivative works.

Examples: Using someone else’s material on YouTube without permission, using a


popular song as background to your own video, publishing a translation of someone’s
foreign work.

Remedies for Copyright InfringementA suit can lie in the district court or in a highcourt
u/s 63 of the copyright act, 1957 Punishable with imprisonment up to 3 years and fined as
per the claims.
CopyrightClaimsOnTheBasisOfUnderlyingArtistic Works

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ThisisCalled“InnocentInfringement”occurswheninfringerwasunawarethatthings were
protected.

7Q.OVER USE OR MISUSE OF INTELLECTUAL PROPERTY RIGHTS:

If an Intellectual Property owner improperly uses the Intellectual Properties beyond


its lawful scope, the Intellectual property is consider to be improperly used or misused.

Example: patent misuse includes illegal tying of products and services to the patented
invention, price fixing and the like.

Ways to Misuse/Overuse/Abuse IPR

 Monopoly pricing
 Restrictions on end users
 Territorial restraint
 Exclusive dealings

Reasons to Prevent Abuse/Misuse of IPR.

Article 31 of TRIPs provides for the grant of compulsory licenses, under a varietyof
situations, such as:

 The interest of public health

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 National emergencies
 Nilor in adequate exploitation of the patent in the country
 Anti-competitive practices by the patentees or their assignees
 Overall national interest
 Prevention of monopoly

Methods to prevent misuse of IPR:

There are generally two approaches that have been adopted to prevent IPR
abuse: compulsory licensing (an involuntary contract between a willing buyer and an
un willing seller imposed and enforced by the state) and parallel imports (goods
brought into a country without the authorization of the patent, trademark or copyright
holders after those goods were placed legitimately into the market elsewhere).

 Compulsory Licensing: (no one has the ownership rights) Compulsory


licensing is when a government allows someone else to produce the
patented product or process without the consent of the patent owner.
 IP Law enforcement
 Imposing huge penalties
 Cancelation of licensing
 Imprisonment
 Banned from the doing business
 Compulsory licensing is a provision in intellectual property (IP) law that
allows a government to grant permission to use a patented invention or
copyrighted work without the consent of the IP owner. This is usually done in
exceptional circumstances, such as:
 1. Public health emergencies (e.g., to produce generic versions of life-saving
medicines)
 2. National security interests
 3. Failure of the IP owner to supply the market or meet demand
 4. Anti-competitive practices
 Compulsory licensing aims to balance individual IP rights with broader public
interests, ensuring access to essential goods and services. The IP owner
typically receives fair compensation for the use of their work.
 Compulsory licensing can be controversial, as it may:
 - Limit the IP owner's exclusive rights and potential profits
 - Create tension between IP protection and public interest goals
 However, it can also
 - Promote public health and well-being
 - Encourage innovation and competition
 - Support national development goals
 Examples of compulsory licensing include:
 - Generic drug production during the HIV/AIDS crisis
 - Forced licensing of patents for COVID-19 vaccines
 - Compulsory licensing of copyrighted works for educational or research
purposes
 Parallel Imports: The term “parallel imports” (also known as “gray
market goods”) refers to genuine branded goods obtained from one
market (i.e., a countryor economic area) that are subsequently imported
into another market and sold there without the consent of the owner of
the trademark.

 Parallel imports refer to the importation of genuine goods into a


country without the authorization of the intellectual property (IP)
owner, such as a trademark or copyright holder. This occurs when
goods are purchased in one market at a lower price and then resold in
another market at a higher price, often to take advantage of price
differences between the two markets.

 Parallel imports can be controversial, as they may:

 - Undermine the IP owner's control over their products and brands

 - Create competition with authorized distributors

 - Potentially compromise product quality or safet

 However, parallel imports can also:

 - Increase competition and lower prices for consumers

 - Provide access to products not available locally


 - Encourage efficiency in global supply chains

 The legality of parallel imports varies by country and jurisdiction. Some


countries, like the United States, generally allow parallel imports under
the "first sale doctrine," while others, like the European Union, have
stricter rules.

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