1. Define IPR?

And Basics Law of Intellectual Property

Intellectual property rights (IPR) are legal rights aimed at protecting the creations of the
intellect, such as inventions, the appearance of products, literary, artistic and scientific works and
signs, among others.

or

Intellectual property (IP) refers to creative work (e.g. the results of a program of research)
which can be treated as an asset or physical property. Be careful to note the distinction between
IP and intellectual property rights (IPRs). IPRs are legal forms of protection for IP and fall into
four main areas: patent, copyright, trademark and design rights. Why is this important to me? If
you generate IP that you wish to protect, e.g. to keep others from using or benefitting from your
work, and which you think might be able to be exploited for some benefit, you may want to
consider what would need to be done to legally protect your rights and what rights you already
have. Further, you need to realise that others have rights as well, e.g. anyone with whom you
have collaborated or in whose work you have been involved may have an interest in any IP
generated as a result of this work and anyone whose work you use needs to be referenced
appropriately.

Patent Law

Patent law covers the legal conditions under which an invention may be patented. In
the U.S., patent law requires that the invention be of patentable subject matter, and have
utility, novelty, and non-obviousness. A patent examiner judges patentability during an
official examination of a patent application. If the patent is granted, the invention is presumed
to have been patentable. However, if an error occurs during the granting procedure,
infringement litigation may result. This may occur if, for example, the examiner failed to
research all prior technology (“prior art”) in the field of the invention to confirm that the
invention had novelty. If the invention was not truly novel, other patent holders may bring
legal action against the patent.
Copyright Law

A copyright gives the owner the exclusive right to reproduce, distribute, perform, display
or license his work. The owner also receives the exclusive right to produce or license
derivatives of his or her work. Limited exceptions to this exclusivity exist for types of “fair
use,” such as book reviews. To be covered by copyright, a work must be original and in a
“concrete medium of expression.” Under current law, works are covered whether or not a
copyright notice is attached and whether or not the work is registered. The U.S. Copyright
Act, 17 U.S.C.S. §§ 101–810, is federal legislation enacted by Congress under its
constitutional grant of authority to protect the writings of authors. Changing technology has
led to an ever-expanding understanding of the word “writings.” The Copyright Act now
reaches architectural design, software, the graphic arts, motion pictures and sound recordings.
Given the scope of the federal legislation and its provision precluding inconsistent state law,
the field is almost exclusively a federal one. Copyright attorneys can concentrate on litigation,

Prosecution or administration. Typical tasks in the prosecution arena include searching for
the availability of copyrights and negotiating license agreements. Litigators step in when
copyrights are violated, or are in need of protection. Copyright attorneys also handle all aspects
of copyright registration, transfers and placement/use of proper copyright notices.

Trademark Law

Trademark law is relevant in virtually all industries and is an area that represents
tremendous growth and importance in today’s economic climate. Trademarks are generally
distinctive symbols, pictures, or words that sellers affix to distinguish and identify the origin
of their products. These marks are protected by federal laws that require registration with the
federal and/or state government, giving the owner exclusive rights to use it on the product it
was intended to identify and often on related products. Because companies invest tremendous
resources to the development of trademarks, companies are prepared to invest the necessary
resources towards the protection of these rights from infringers, whether these rights are
owned or licensed to others. Trademark law helps owners properly obtain,
2. What is the parties to Intellectual property Right

Ownership:-

There are three primary

Intellectual scenarios
property arising for
fromtheindustry-sponsored
ownership of intellectual property
university rights: should not take
research
the form of trade secrets as this form prohibits publication or presentation of research results.
(1) the university owns the intellectual property;
Trade secrets require a level of guardianship that universities are not set up to provide.
Especially a state
(2) the sponsor owns institution thatproperty;
the intellectual must comply
and with a Freedom of Information Act.
Companies from some industrial sectors take the position that the sponsor has a right to own
(3) the university and sponsor jointly own the intellectual property. As a matter of policy, universities
the intellectual property since it has paid for the research.

Authorised User:

Authorizing New Device based on IP Address, with Laravel Middleware

I recently saw few of the e-commerce & payment gateway sites using device
authorization system based on IP address, browser etc. I was also working on a same for my
client's web app recently so wanted to share a detailed post with the community people.

In this blog post, I will go in detail to cover following stuff.

● Allow the user to enter login credentials, if the login credentials are valid, also
verify if the user's device is authorized with the current IP address assigned to
the user's device.
● If the user's device is not authorized to access the protected pages, like the
dashboard, the application will send an email to the recently logged in user's
email to ask for authorizing the device before proceeding.
● After sending the email, the page will redirect to wait for email authorization,
and that will keep refreshing on certain time interval to check if the user is
authorized, so it can redirect to the dashboard.
If the user is not active and did not authorize the device within next 15 min after email is sent, it
will log out the user as a reason for a timeout with a certain message.

Licensee:

The word license simply means permission – one person grants permission to another to
do something. A license agreement is a formal, preferably written, document recording the
circumstances under which a promise shall be legally binding on the person making it. There are
at least two essential parties: the licensor, the party who owns the IP and is agreeing to let it be
used, and the licensee, the party who receives rights to use the IP in exchange for payment.
Therefore, a license agreement is a partnership between an IP owner (licensor) and another who
is authorized to use such rights (licensee) under certain conditions, usually for a monetary
compensation in the form of a flat fee or running royalty that is often a percentage or share of the
revenues gained from use of the invention. Simply put, a license grants the licensee rights in
property without transferring ownership of the property. page 2 6. For a license of IP to be
effective, four basic conditions must be met: the licensor must have ownership of relevant IP or
authority from the owner to grant a license; the IP must be protected by law or at least eligible
for protection; the license must specify what rights with respect to IP it grants to the licensee;
and the payment or other economic or IP assets to be given in exchange for the license must be
clearly stated. 7. There are many different types of IP licenses such as technology licenses,
publishing and entertainment licenses, and trademark and merchandising licenses.
ADVANTAGES OF LICENSING FOR THE LICENSOR 8. Many companies have a portfolio
of patents, utility models

3. Write short note on benefits of patent.

The term "intellectual property (IP)" is defined as the property resulting from creations of
the human mind, the intellect. In this regard, it is fair that the person making efforts for an
intellectual creation has some benefit as a result of this endeavor. Probably, the most important
among intellectual properties is “patent.” A patent is an exclusive right granted by a government
for an invention, which is a product or a process that provides, in general, a new way of doing
something, or offers a new technical solution to a problem. The details on the way of acquiring
patents will be provided for protecting precious intellectual properties.

LEARNING OBJECTIVES:

1. You understand how to decide whether your new technology or invention should be protected
by one or more patents and, if so, how to do so.

2. You know how the grant of a patent over an invention or technology helps you to prevent or
have an upper hand in legal disputes that may arise later on.

3. If you are already involved in such a legal dispute, you know how to find a way to minimize
the damage or loss.

4. You understand why a patent management strategy is important for the survival and
competitiveness of your company and how to develop and implement one.

1: How to invent many people seem to think that a flash of inspiration or genius is necessary to
spark creativity or inventions or that it invariably involves major scientific discoveries or great
research and technological development in big public or corporate R & D laboratories or
research‐based universities. Even in the United States of America, till 1930, individual inventors
outnumbered every other category in terms of number of patents granted by the US Patent
Office. For the first time, in 1931, U.S. corporations received more patents than U.S. individual
inventors did and their lead has kept widening ever since. It must be noted that most of the
patented inventions are not major breakthroughs but incremental though non‐obvious technical
improvements over the relevant prior art. Also, some famous inventions represented only a
modest advance in fundamental technology and were made by ordinary people or individual
inventors. In fact, some famous inventions were based on a chance discovery, insight or a mere
accident that produced unexpected results that were not only noticed by a prepared mind but also
put to a practical business use by the same or another person. For example, in the 1940’s, on
returning home after walking his dog in the mountains, Swiss inventor George de Mestral
noticed that his dog and his pants were covered with seeds called ‘burrs’. On taking a closer look
at the seeds under the microscope, he recognized the potential for a new fastener LEARNING
POINT 1: Basics of invention and patent One way of adding value to a product In an
increasingly knowledge‐driven economy, you invariably need creative or inventive ideas or
concepts to improve an existing feature, add a useful new feature to your product or develop a
totally new product. If your business develops such an idea or concept that solves a technical
problem in an unexpectedly new or better way then it should take adequate and timely steps to
protect its creative idea, concept or knowledge by converting it into a proprietary technical
advantage by patenting it. Based on the natural hook‐like shapes on the surface of burrs. Initially,
his idea was met with resistance. But he persisted in refining his invention by trial and error over
eight years. He finally realized that nylon when sewn under infrared light formed tough hooks
for the burr side of the fastener. He perfected his invention while working along with a weaver
from a textile plant in France and patented it in 1955. Eventually, he had developed two strips of
nylon fabric, one containing thousands of small hooks, just like the burrs, and the other with soft
loops, just like the fabric of his pants. When the two strips were pressed together, they formed a
strong bond, but one that's easily separated, lightweight, durable, and washable. This is how
Velcro was born. The inventor went on to establish Velcro Industries to manufacture products
that were based on his patented invention.

2: Improving functionality of a product

1. Definition of functionality 'Functionality,' that is, technical functionality, may also be

described as a useful feature or a performance attribute of an invention, technology or product.
Such a feature may be in a new or improved material, machine, apparatus, testing or measuring
equipment, component of a product, product, or a method or process for making any of these. It
could also be a new use of an existing material or a new combination of prior known but separate
features that produce an unexpected new result. So, broadly speaking, technical functionality of a
product refers to its ability to perform a utilitarian process, task or activity. For example, it may
provide greater comfort in use, be easier to digest, safer to use, or superior to other products in
terms of ease of disposal, maintenance, repair, storage, transport or use.

2. Inventions made by improving functionality of a product Any one or more of such type of
functional characteristics may differentiate one product from another. For improving or creating
these types of functional features you would generally need one or more new or improved
inventions which may be incorporated into one or more new or improved technologies.

3: Sources of inventions

1. From in‐house R&D facilities If your business has some in‐house research and development
(R & D) capability, then it would be creating new or improved technology or adapting existing
technology to meet your emerging needs.

2. From the marketing and sales side Even if your business has no formal R & D facilities, yet
some of your employees on the shop floor may be inventing, often without realizing it, while
copying competing products or when required making adaptations to your existing products for a
variety of reasons. Inventive ideas may come from any part of the company. A particularly good
place to find inventions is on the marketing and sales side, who is in touch with the market trends
and emerging needs of customers, and may come up with technical solutions to such needs.

3. From outside of the company however, even when you have in‐house R & D capability, there
are many situations in which you may have to look for inventions or technology from outside
your company. a. Free source Sometimes, you may get it free, for example, from the numerous,
free, and easily available online patent databases, which include a lot of technologies that were
either not protected at all in your market or by now their patent protection has lapsed or expired.
As the information contained in a patent is free for anyone to use, both directly and indirectly,
depending on the patent's legal status, therefore, you must always try this route, before
developing it in‐house and before looking around to buy it from outside. Most patent savvy
businesses skillfully use patent databases, for example, to identify opportunities for adapting or
acquiring patented inventions, or technologies. Also, mining a patent database may provide you
with a solid basis for developing new ideas and concepts. However, the availability of useful
information in patent databases depends on the nature of your business or industry, as some areas
of technology have much more patent activity than others. b. Licensing But really useful new or
improved technology is generally not available free of charge. In order to get useful inventions,
you may have to buy or license it from others that are willing to do so on mutually acceptable
terms and conditions.
4: Identifying inventions In order to get a Patent, first, you have to identify an invention. If you
are an inventor‐entrepreneur then it may be easier for you to identify an invention than if it were
made by one or more of your employees in R & D or by a shop floor worker who is responsible
for making improvements or adaptations to some machine or process in your manufacturing
facility or by someone in the marketing department of your business. In fact, you may be
surprised to know that not all inventions of great business merit result from expensive R & D
that relies on high‐tech equipment and considerable expense of time, knowledge, skill and other
resources. Often, technicians and other shop floor workers, and sometimes even your staff
responsible for marketing may make significant contributions to development of an invention to
satisfy an identified market need. In other words, anyone in your own business or vendors,
suppliers, and other business partners may come up with new ideas and concepts and help you to
reduce it to practice

4 .What is a trade secret? What kind of information is protected by trade

secrets? What kind of protection does a trade secret offer?
Trade secrets are intellectual property (IP) rights on confidential information which may be
sold or licensed. In general, to qualify as a trade secret, the information must be:
Commercially valuable because it is secret,
● be known only to a limited group of persons, and
● Be subject to reasonable steps taken by the rightful holder of the information to keep it
secret, including the use of confidentiality agreements for business partners and employees.
The unauthorized acquisition, use or disclosure of such secret information in a manner
contrary to honest commercial practices by others is regarded as an unfair practice and a
violation of the trade secret protection.

What kind of information is protected by trade secrets?

In general, any confidential business information which provides an enterprise a
competitive edge and is unknown to others may be protected as a trade secret. Trade secrets
encompass both technical information, such as information concerning manufacturing
processes, experimental research data, software algorithms and commercial information such as
distribution methods, list of suppliers and clients, and advertising strategies.
A trade secret may be also made up of a combination of elements, each of which by itself is in
the public domain, but where the combination, which is kept secret, provides a competitive
advantage. Other examples of information that may be protected by trade secrets include
financial information, formulas and recipes and source codes.

What kind of protection does a trade secret offer?

Depending on the legal system, the legal protection of trade secrets forms part of the
general concept of protection against unfair competition or is based on specific provisions or
case law on the protection of confidential information.
While a final determination of whether trade secret protection is violated or not depends on the
circumstances of each individual case, in general, unfair practices in respect of secret
information include breach of contract breach of confidence and industrial or commercial
espionage.
A trade secret owner, however, cannot stop others from using the same technical or
commercial information, if they acquired or developed such information independently by
themselves through their own R&D, reverse engineering or marketing analysis, etc. Since trade
secrets are not made public, unlike patents, they do not provide “defensive” protection, as being
prior art. For example, if a specific process of producing Compound X has been protected by a
trade secret, someone else can obtain a patent or a utility model on the same invention, if the
inventor arrived at that invention independently.

5. Write short note on New Development in TRADE MARKS LAW

Trademark owners throughout the world are struggling with new issues presented by
increased electronic communication, primarily that occurring through the Internet. The
Internet derives from a network set up in the 1970s by the Department of Defense to connect
military and research sites that could continue to communicate even in the event of nuclear
attract. In the 1980s, the National Science Foundation expanded on the system, and its first
significant users were government agencies and universities. In the early1990s, however, it
became apparent that the system could provide a global communication network, allowing
people from all over the world to talk with each other; send written messages, pictures, and
text to each other; and establish web pages to advertise their ware and provide information to
their customers.

Assignment of Domain Names:

A company’s presence on the internet begins with its address or domain name not only
serves as a locator for a company but also functions as a designation of origin and a symbol of
goodwill--- a trademark.There are two portions to a domain name: the generic top-level
domain, which is the portion of the name to the right of a period (such as .gov or .com) and
the secondary level domain, which is the portion of the name to the left of a period (such as
“kraft” in Kraft.com”). Disputes frequently arise between owners of registered mark and
owners of domain names whose domain names similar or identical to the registered marks.

Internet Corporation for Assigned Names and Numbers [ICANN]:

To help resolve the problems in the domain names registration and use process The
government created the ICANN

⮚ It is a non-profit corporation
⮚ It is governed by a board of directors elected in part by various members of the
Internet community.
⮚ ICANN are authorized to register domain names ending with .com, .org
and .net Registrations usually last one year, at which time they can be
removed or will expire.
⮚ Registration requires a representation that the person seeing to register the name is not
doing so far an unlawful purpose and does not know of any infringement
⮚ ICANN recently added seven new top-level domains, including .biz and .info

PROTECTING A DOMAIN NAME:

People register well-known marks as domain names to prey on consumer confusion by
misusing the domain name to divert customers from the legitimate mark owner’s site. This
practice is commonly called cybersquatting.

There are three approaches for against cybersquatter:

⮚ An action can be brought under the Federal Trademark dilution Act
 ⮚ A civil suit can be instituted under the recent Anticybersquatting consumer
protection Act, An arbitration proceeding can be instituted through ICANN’s
disputs resolutions process Cybersqutter and the dilution doctrine: Federal
trademark dilution Act (15 U.S.C § 1125 (C)
⮚ Cyber quarters and Anti cyber squatting consumer protection Act (15 U.S.C § 1125 (d)
[ACPA: Anti cyber squatting consumer Protection Act]
⮚ To prevail in a civil action under ACPA, a plaintiff must prove three
thing: The plaintiff’s mark is a distinctive or famous mark deserving
of protection
⮚ The alleged cyber squatter’s infringing domain name is identical to or confusingly similar
to the plaintiff mark
⮚ The cyber squatter registered the domain name is bad faith
⮚ Resolving Disputes through the Uniform Domain Name Dispute Resolution Policy:
[UDRP] 1999
⮚ The allegedly wrongful domain name is identical or confusingly similar to the
complainants’ trademark;
⮚ The domain name registrant has no legitimate interest in the domain
name and The domain name is being used in bad faith

New development in copyright law:

While acknowledging that clothing is a useful article and thus not subject to copyright
protection, a New York Federal court ruled that lace design, copyrighted as writing and
incorporated into wedding dresses, were protectable and enjoined another maker of wedding
dresses from making or marketing copies. Similarly, detailed embroiders or some other two
dimensional drawing or graphic work affixed to a portion of a garment may be copyrightable.

A federal court in California recently held that while type fonts themselves are not
protectable under copyright law, a software program that generated and created the typefaces
was protectable.  As soon as Stephen King sold his book riding the Bullet exclusively in an
Internet format, an individual cracked the copyright protection software and posted free
copies of the book on the Internet. The publishers responded by adopting stronger encryption
technology. Similarly, in 2000, Mr. King suspended online publication of a serial novel
because too many individuals were downloading the work without paying it. It late 1997
President Clinton signed into law the No Electronic Theft [NET] Act [amending 18 U.S.C
§2319] to enhance criminal penalties for copyright infringement, even if the infringer does not
profit from the transaction.
The act also extends the statutes of limitations for criminal copyright infringement
from three to five years, and allows law enforcement officers to use federal copyright law
against online copyright violation, thereby extending the same copyright protection to the
Internet that is provided to other media. In September 1999, the Clinton administration
relaxed government restrictions on the export of encryption products and simultaneously
introduced new legislation to give law enforcement agencies greater authority to combat the
use of computers by terrorists and criminals and to create a new code cracking unit within the
FBI [Foreign Bureau of Investigation] .

In mid-2000, president Clinton signed the Electronic signatures in Global and National
Commerce Act, making digital execution, called e-signatures, as legally binding as their paper
counterparts.

In 2000, federal prosecutors in Chicago indicted seventeen people who called

themselves “Pirates with Attitude” for pirating thousands of software programs. The case was
brought under the NET Act. Some of the individuals were former employees of Intel and
Microsoft. The copyright office has recommended that congress amend section 110 of the
copyright Act to grant educators the right to transmit copyrighted works for distance learning
if certain conditions are met.

New development in patent law:

The patent Act has proven remarkably flexible in accommodating changes and
development in technology. Thus advisement in technology generally has not necessitated
changes in the stately governing patent protection.
Business method and software patent:
Many of the cutting-edge issues in patent law related to patents for computer software. For
several years, the conventional wisdom has been that unless a computer program had
significant commercial value and application patent protection was often counterproductive or
ineffective in that the PTO often took two years to issue a patent, roughly the same time it
took for the software program to become absolute.
Biotechnology patent:
Medicines, Science, agricultural and pharmacology present the other cutting-edge issues in
patent law. Research into genes may hold the key to curing disease throughout the world.
Agricultural research may hold the key to providing sufficient food for the world’s ever-
increasing population.
The development of strains of plants and crops that are resistant to brought and disease has
also led to an increasing number of patents issued, and attendant litigation.
In the field of “a biotech”.
American Investors Protection Act of 1999 [AIPA]:

The AIPA was signed into law in 1999 and represents the most significant changes to
patent law in twenty years. Although some of the provisions of AIPA have been discussed
earlier, its key subtitles are as follows:

Inventors’ Right Act of 1999

The First Inventor Defence Act of 1999
The patent term guarantee act of 1999
The domestic publication of Foreign filed patent application act of
1999 The optional Inter parts re-examination procedure Act of 1999

Introduction of International Patent protection:

The rights granted by a U.S Patent extend only throughout the U.S and have no effect
in a foreign country. Therefore, an inventor who desires patent protection in other countries
must apply for a patent in each of the other countries or in regional patent office.
The Paris convention (already it is in previous
units) The European patent organization
Agreement on Trade-Related Aspects of IPR (already it is in previous units) The patent Law
Treaty

Foreign Filling Licenses

Applications for United States Patents by Foreign
applicants The European patent organization:
The European Patent Organization (EPO) was founded in 1973 to provide a uniform patent
system in Europe. A European patent can be obtained by filing a single application with the
EPO headquartered in Munich (or its sub branches in The Hague or Berlin or with the
national offices in the contracting nations). Once granted, the patent in valid in any of the
EPO countries designated in the application and has the same force as patent granted in any
one of the contracting nations.

Intellectual property audits:

Many companies believe that copyright extends only to important literary works and
therefore fail to secure protection for their marketing brochures or other written materials.
Similarly, companies often fail to implement measures to ensure valuable trade secrets
maintain their protect ability. Because clients are often unaware of the great potential and
value of this property, law firms often offer their clients an intellectual property audit to
uncover a company’s protectable intellectual property.
The IP audit is analogous to the accounting audit most companies conduct on an
annual basis to review their financial status. Another type of IP investigation is usually
conducts when a company acquires another entity. At that time, a thorough investigation
should be conducted of the intellectual property of the target company to ensure the acquiring
company will obtain the benefits of what it is paying for and will not inherit infringement
suits and other problems stemming from the targets’ failure to protect its IP. This type of IP
investigation is generally called a due diligence review inasmuch as the acquiring company
and its counsel have an obligation to duly and diligently investigate the target’s assets.
Conducting the Audit:
The first step in the audit should be a face-to-face meeting of the legal team and company
managers. The legal team should make a brief presentation on what Intellectual Property is, why
it is important to the company, and why and how the audit will be conducted. Managers will be
more likely to cooperate if they fully understand the importance of the audit. Obtaining this kind
of “buying” from the client managers and employees will
Speed the audit and reduce costs.
Moreover, education about the importance of intellectual property helps ensure that
managers consider ways to further protect a company’s valuable assets and remain alert to
possible infringements of the company’s Intellectual capital or infringements by the computer
of other’s right. Finally, having, outside counsel involved in the process will ensure that
communications related to the audit are protected by the attorney-client privilege Once the
company’s managers have been advised of the need for the audit, the legal team should
provide a work-sheet or questionnaire to the company specifying the type of information that
the firm is looking for so that company files can be reviewed and materials assembled for
inspection by the firm and its representatives.
6. What are the fundamental of COPY RIGHT LAW?

A copyright is a form of protection provided by the laws of the United States to

authors of "original works of authorship." This includes literary, dramatic, musical, artistic
and certain other creative works

Fundamentals of copyright law:

United States law offers protection from duplication through copyright regulation to
those who create “original works.” While there are many items that fall under the umbrella of
this protection, certain guidelines must be met in order to gain the full protection of the law.
Works of visual art, musical recordings, video or sound broadcasts and literary works are all
examples of things that may be copyrighted. Creations need not be published in order to
qualify, though applying for a registered copyright is an imperative step toward complete
legal protection.

Copyright Ownership

The current law, established by the Copyright Act of 1976, provides for automatic
protection the moment a work is created. No written notice is required. Once an item is in
tangible form, it is considered the property of the owner and may not be duplicated or used for
monetary gain by another person or entity.

Usually, the creator owns rights to the work, but there are several exceptions to that
standard. Independent contractors often create parts of a larger literary work, such as an article
that becomes a piece of a magazine or an essay published in an anthology. In any cases where
work is considered “made for hire,” it becomes property of the hiring person or company. In
such instances, the employer has full rights to the copyright. Other occasions when this may
occur include:

● A translation

● Part of a film or screenplay

● A compilation

● An atlas

● An instructional manual or text

● A test or answer key for a test

● Supplementary material, such as an introduction, afterword, editorial note, appendix,

etc.

In other cases, employees may produce innovative work during employment for a company.
These creations are considered the intellectual property of the employer, who reserves the
copyright to all designs.

Copyrights may sometimes be owned jointly. This occurs most often when two authors
contribute to a written work with the intention of creating an inseparable finished product.
Both authors share the ownership of the copyright and the privilege of equal profit regarding
any proceeds the work may bring in.

Copyright Registration
In order to legally defend a copyright, owners must register it with the U.S. Copyright
Office. Statutory damages and attorney fees can only be awarded in cases of a registered
copyright violation. Registration must be completed within three months of the first publication
or before any infringements occur in order for damages to be awarded.

Copyright Owner’s Rights

Owning a copyright affords certain rights by law:

 ● The right to make duplications

● The right to distribute or sell copies

● The right to display or perform the work in a public setting

● The right to adapt or make changes to the original

These claims also indicate that the owner has full freedom to profit from the sale, display or
other utilization of the copyrighted material.

Transferring a Copyright

Ownership may be sold or transferred at any time during the life of the copyright using a
variety of methods. Typically, sale or assignment happens in one of four ways:

1. Assignment or sale transfers some or all of the rights of ownership, usually for a
predetermined amount of compensation. In order to publish a book or work of
literature, the owner often sells the copyright to the publishing company in
exchange for a contract and monetary compensation.
2. Transfer at death reassigns ownership when an owner dies with a valid will
naming a beneficiary. If no will exists, laws dictating intestate succession apply.
3. Mortgage temporarily transfers the interest in the copyright to another as security
for a loan or other debt.
4. Involuntary transfer usually occurs by court order during a divorce, bankruptcy or
foreclosure.

Owners retain the right to publish, duplicate, defend, sell and monetize their copyrighted
work as long as the copyright is in effect.

Originality under Copyright Law:

Copyright is the right which a person acquires in a work, which is the result of his
intellectual labor. It is a special type of intellectual property that aims at protecting the fruit of
a man's labor or skill from being misappropriated by someone else. It seeks to encourage
authors, composers, and artists to create original works by rewarding them with the exclusive
right for a specified period to reproduce the works for publishing and selling them to the
public.

7. What are the foundational rules of patent law?

Below in no particular order are some of the foundational rules of patent law. No
attempt is made to prove these rules, but most should be familiar to patent attorneys. If you
disagree or are looking for an explanation feel free to comment below and I will respond. In
many cases I have already written a post related to the foundational rules. For my analysis of
the Foundation of 35 USC 103 see 5th Anniversary of KSR: Is Section 103 is
Unconstitutional?

o Patents are a Constitutional Right

o Patents and Copyrights are the only right mention in the Constitution
o Patents are a Natural Right
o Patents are a Property Right – the basis of all property rights is
creation/production and the same is true of patents.

o Trade Secrets are a Natural Right

o Patents can be viewed as a Social Contract where the inventor gives up
their right to a trade secret in order to obtain a patent.

o All Inventions are a combination of known/existing elements/steps

and known connections

o Patents are not monopolies (A property right cannot be a monopoly)

o All Inventions use natural phenomena – we are not dealing in magic.
o Every element in every claim of a patent behaves in a predictable way –
they do not violate the laws of physics – again we are not patenting magic.

o Claims define what the invention is.

o Every element (word) in a claim has to be given meaning – reading a claim is like
reading an equation – not like reading prose.
 o The definition of an Invention implies that it is Useful or has an Objective Result
o The definition of an inventor requires that they be the first person to create the
invention, which results in the novelty requirement.

8. What is the Importance of intellectual property rights and it Laws

Intellectual property rights are accepted all over the world due to some important reasons. They
were essentially recognized for the acceptations of these rights are:-

● Provides incentive to the individual for new creations.

● Providing due recognition to the creators and inventors.
● Ensuring the material reward for intellectual property.
● Ensuring the availability of the original products.
● For economic growth and advancement in technology sector protection of Intellectual
property protection is important.
● They are benefited for the growth of the business in the field of technology.

INTELLECTUAL PROPERTY LAW Comprises of the following Laws:-

● The Laws relating to Trade Marks / Brands (Trade Marks Act, 1999), Property Marks
● The Laws relating to Copyright (Copyright Act, 1957) Artistic Work, Literary Work,
Audio Video Records and Software
● The Laws relating to Industrial Designs (Designs Act, 2000)
● The Laws relating to Patents (The Patent Act, 1970)
● The Laws relating to Geographical Indications. The geographical Indications of
(Registration and Protection) Act, 1999
● The Laws relating to Internet (Information Technology Act, 2000)

9. What is TRADE SECRET?

A trade secret is anything in your business that you keep secret that your competitors, if
they knew the information, would be able to use it to their economic advantage. Trade secret
is a matter of state law, and the rules about trade secrets in Minnesota are contained in the
Minnesota statutes at Chapter 325C. Trade secrets in Minnesota are broadly defined, and just
about anything can be covered. To qualify as a trade secret, you must keep the information a
secret. Manufacturing processes are often held as trade secrets, and so is the formula for
Coca-Cola®. Trade secret issues occur most often with former employees.
 A common scenario with trade secrets occurs when a sales person leaving one company
takes a customer or prospect list to a competitor. In such cases, the original company can
obtain an injunction to stop use of the customer list, and in some cases may also receive
money damages for the loss of the secret