Monday, March 2, 2009

Copyright Law

Intellectual Property Rights | Copyright law 

 

Intellectual Property Rights Copyright law relates to original work of literary, artistic, dramatic or musical work, Cinematographic films, Sound Recording and Software program. A related right refers to the category of rights granted to performers, phonogram producers and broadcasters.

The works protected by copyright law are literary works (eg. Books, magazine, newspapers, technical papers, instruction manual, catalogs, tables and compilations of literary works), Musical works or compositions, including compilations. Dramatic works include not only plays but also for example a sales training program captured on videocassettes, Artistic works such as cartoons, drawings, paintings, sculptures and computer artwork, Photographic works both on paper and in digital form , Computer programs and software, Some types of database, Maps, globes , charts, diagrams, plans and technical drawing; Advertisement, commercial prints and labels, Cinematographic works, including motion  pictures, television shows, and web casts, Multimedia products and in some countries works of applied art such as artistic jewellery, wall paper and carpets.

The authorship means in relation to copyright law are Literary or dramatic work is author of the work, Musical work is composer, Artistic work is artist, Photograph is person who takes photograph, Cinematograph or sound recording is producer and Computer generated work is person who creates it.

The Ownership means in the case of photograph taken, painting or portrait drawn or engraving or cinematograph film made for valuable consideration at the instance of any person or in the absence of any agreement to the contrary the person who commissioned it is the first owner.

If the work made in the course of the authors' employment under a contract of service or apprenticeship or in the absence of any agreement to the contrary, the employer is the first owner.

Any person address or speech delivers in public is the first owner. In the case of a government work in the absence of any agreement to the contrary, the governments is the first owner of the copyright. If any work is made or first published by or under the direction or control of any public undertaking or in the absence of any agreement to the contrary, the public undertaking is the first owner of the copyright.

Copyright law gives an author or creator of a work diverse bundle of exclusive rights over his/her work for a limited but rather lengthy period of time. These rights enable the author to control the economic use of his work in a number of ways and to receive payment.

In some countries such as United States of America and the United Kingdom, these rights are simply incorporated under copyright. Other countries such as Germany and France protect these rights under the separate category called "neighboring rights".

The copyright term varies according to the nature of the work (60 years from the death of author in case of literary, dramatic, musical or artistic work & 60 years after publication of a photograph, film or sound recording).



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Biotechnology Intellectual Property

INTELLECTUAL PROPERTY RIGHTS | BIOTECHNOLOGY INTELLECTUAL PROPERTY

 

 

Intellectual property rights have Biotechnology intellectual property as one of the varied streams of IP. The biotechnology intellectual property promotes the development of new biotechnology products and discoveries. Biotechnology has grown so much to an extent that new uses for old products and employment opportunities are evident in this biotechnology arena. Biotechnology Intellectual Property or Biotechnology Patents add value to new laboratory discoveries, it provides incentives for private sector investment into biotechnology development for new medicines, diagnostics for treatment, monitoring of intractable diagnosis and agricultural and environmental products to meet the global needs. Biotechnology Intellectual Property  plays a vital role in agriculture. Patents and plant variety protection certificates are used frequently to protect technological advancements. The above said rights allow the owners to prohibit competitors from "making, selling, using" an invention for a limited period of time.

 

The science of biotechnology has been pushing the frontiers of human knowledge and Intellectual Property. As scientists create new techniques and apply them commercially there has emerged a new industry for patent protection. There has been number of patents filed from biotechnology industry than other industry. Inventors who develop biotechnological innovations rely on IP rights to protect and validate their work. The inventors also rely upon IP licenses to gain access to needed tools and technologies.

 

When comparing biotechnology with other technology, the advancement of this technology is very high that they are being covered by patent system and hence routinely licensed and marketed. Due to the emergence of modern biotechnology, the most important issue is the legal characterization and treatment of trade related biotechnology processes and products which are termed as Biotechnology Intellectual Property Rights which are available to protect the property. In biotechnology, the processes and products are the important examples of intellectual property for example; development of genetic engineering techniques. These techniques encourage industries to allocate labour, research and development (R & D) and funding for the production of commercially marketable items. Biotechnology Intellectual Property implements many legal and public policies which are a challenge to biotechnological research which are undergoing drastic changes.

 

 The developments of crop varieties which are protected by "Plant Breeders Rights" (PBR's) are also another example of Biotechnology Intellectual Property. Through PBR the new varieties of crops that are developed by the plant breeders enjoy the exclusive right for marketing the variety.

 

The intellectual property system can help realize the benefits of biotechnology. It can do so by examining the exclusive rights over what knowledge is, how knowledge is distributed, at what cost and who makes the decision. IP systems try to manage the competing needs and desires of those who produce and make use of new knowledge as well as those who buy products and services made through the use of this knowledge. IP systems also interact with existing national and international policies for innovation, health and agriculture to produce certain economic and social outcomes. The policy makers adjust and implement IP systems so that they achieve desired social, scientific and economic outcome in Biotechnology.



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Attorney

INTELLECTUAL PROPERTY RIGHTS | ATTORNEYS

 

Intellectual Property Rights attorneys are those who are specifically qualified in representing the clients for obtaining the patents and various other IP's. The attorney plays a key role and acts in all matters and proceedings relating to the patent and trademark law. The procedures may include the filing of patent, filing of opposition etc. Attorneys are also named as Agents or Lawyers which may differ in all the countries. In certain jurisdiction patent lawyers are said only if the person is qualified as a lawyer and in some jurisdiction both are interchangeable. In India , a person who has registered for practice is called as "Registered Patent Agent" or simply a "Patent Agent". A qualifying exam will be conducted by the Indian Patent Office for the Science or any technical degree candidates. Attorney may not always require legal qualifications. The attorneys may prepare, file and prosecute patent applications for their clients before the patent office. An attorney can also provide opinions about various IP's. An attorney can also provide legal services outside the patent office. Patent attorneys can advice his clients on legal issues which may either be for licensing the inventions, or in case of infringement or any other legal matters. In every state, every patent attorney or patent agent must first qualify for the patent exam which is separately conducted in each state. In certain countries like Singapore a person can become a patent attorney only if he is a resident of Singapore . Like way, each country has their own rules and regulations for appearing for the attorney examinations.

 

Trademark attorneys are those who are qualified in matters involving trademark law and in design matters. The trademark attorneys also provide legal advices dealing with trademarks. Large companies which have enough trademark interest employ the trademark attorneys. As similar to the patent attorneys, the trademark attorneys take in the responsibilities of advising the clients on the approval and selection of new trademarks, filing of trademark application, handling trademark oppositions, revocations and various other assignments which includes the trademark search and trademark infringement. The trademark attorneys must also pass a series of examination to be regulated as professionals. There are examining attorneys who review the trademark filing, requests additional information and approves or denies the trademark application for registration for various reasons.

 

Attorneys are basically persons who are trained in law with the capability of advising the clients in legal matters. In other words, attorneys are an agent authorized to act in legal capacity for another person.  Thus with the help of patent and trademark attorneys it is possible to file IP's like patent and trademark. The attorneys also provide legal advice for the clients regarding patents and trademarks. Filing of patents, filing of trademarks, litigation, infringement, opposition filing, can be made easy with the help of patent and trademark attorneys. By writing the appropriate exam (Patent and Trademark Examinations which is conducted twice a year in India ) with a minimum of any science and technical degree one can become a patent and trademark attorney.



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Attorney corrected keyword

Sir,
 
I herewith attach the corrected copy of the attorney keyword.
 
Thank You
 
Regards
 
N.Priyadarrshini


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Attorney - Keyword.

Sir,
 
I herewith attach the first keyword "attorney" for your refernce. kindly verify and pls let me know if i have specified all valid points which was mentioned in the mail sent by you. If not, kindly specify as what the mistake is and i shall make it a point to correct it in the next post.
 
Thank You
 
Regards
 
N.Priyadarrshini


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