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Class 10 Elective Travel Tourism and Hospitality Chapter 4 Intellectual Property Rights (IPR) of an Organisation and a Customer
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Intellectual Property Rights (IPR) of an Organisation and a Customer
Chapter – 4
Check Your Progress:
1. A. Fill in the Blanks:
1. ____________ is the monopoly right given to the designated owners for the creation of the intellect by law.
Ans: Intellectual Property.
2. ____________ is an exclusive right granted by a country to the owner of an invention to make, use, manufacture and markets the invention.
Ans: Patent.
3. A ____________ is a sign or symbol that is recognisable.
Ans: Trademark.
4. _____________ is a legal term for art forms related to visual and aesthetic appearance of a design of a building or a product or its packaging that conveys the origin of the product to consumers.
Ans: Industrial Design.
5. _____________ administers an international registration system for trademarks.
Ans: World Intellectual Property Organization.
6. WIPO stands for _____________.
Ans: World Intellectual Property Organization.
7. The Patents and Designs Protection Act came into existence in the year _____________.
Ans: 1872.
8. The Patents (Amendment) Act 2005 became effective from ____________.
Ans: January 1, 2005.
B. Subjective Questions:
1. What is IPR?
Ans: Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.
2. Write the different components of IPR.
Ans: The concept of IPR is not a single concept. It has emerged from or is composed of the following components.
(i) Patents: It is an exclusive right granted by a country to the owner of an invention to make, use, manufacture and markets the invention.
(ii) Copyright: It gives the creator exclusive rights for their original work but for a stipulated time. Copyright applies to a wide range of intellectual, artistic, or creative works or forms. Copyright covers the form or manner which are expressed and not ideas and information. Copyright is a legal concept, enacted by most governments, that grants the creator of an original work exclusive right for its use and distribution. Copyright is available for creating an original, literary, dramatic, musical or artistic work. In India, The Copyright Act, 1957 and amended in 1983, 1984, 1992, 1994 and 1999 is available. Registration can be done at the Office of the Registrar of Copyrights in New Delhi. The Act provides protection for the expression of an idea and not for the idea itself. The owner may allow the copyright to any person. It gives the owner incentives in the form of recognition and fair economic reward increases their activity
(iii) Industrial design rights: An industrial design right is also known as ‘design patent’ or ‘design right’. It protects the visual design of objects that are not purely functional. A design patent may be granted if the product has a distinct configuration, distinct surface ornamentation or both. In other words, a design patent provides protection for the ornamental design of something that has a practical utility. These include the ornamental or aesthetic aspects of an article which may consist of 3D or 2D features, such as shape or surface, patterns, lines or colour, thereby making the article attractive and appealing which add to the commercial value of the product and increase its marketability. However, any technical features of the article are not protected by it.
(iv) Trademarks: Plant variety rights, also called plant breeders’ rights are the rights to use a commercially new variety of a plant. This variety must be novel and distinct amongst other varieties and for registration, the evaluation of the propagating material of the variety is examined.
(v) Trade dress: It is a legal term for art forms related to visual and aesthetic appearance of a design of a building or a product or its packaging that conveys the origin of the product to consumers.
(vi) Trade secrets: A formula, process, design, instrument, practice, compilation of information or pattern, which is not known to people other than the creator company or business and by which a business can obtain an economic advantage over competitors and customers.
(vii) Plant variety rights: A sign used on goods that have a specific geographical origin and possess qualities or a reputation due to that place of origin. Registration period of a GI is 10 years which is renewable. The Geographical Indication of Goods (Registration and Protection) Act came into being in 2000 with imprisonment for a term between six months and three years and a fine between ` 50,000– 2,00,000. The law related to this (applicable in India) is Geographical Indication of Goods (Registration and Protection) Act 1999.
3. Explain how the IPR concept was developed.
Ans: Intellectual Property Rights (IPR) refers to the monopoly right given to the designated owners for creation of the intellect by law. Intellectual Property refers to the creation of mind i.e. inventions, industrial designs for article, literary and artistic work, symbols, etc
(i) Industrial property: Trademarks, patents, etc. These are protected by the concept of patenting, trademarks, industrial designs, trade secrets, layout-designs, and geographical indications.
(ii) Copyright: It covers artistic and literary works, etc., and is protected by the concept of ‛Copyright’
4. Explain the meaning of Trade Secret.
Ans: Trade secrets is a formula, process, design, instrument, practice, compilation of information or pattern, which is not known to people other than the creator company or business and by which a business can obtain an economic advantage over competitors and customers.
5. What are the objectives of IPR?
Ans: The New IPR Policy 2016 is rather well thought and lays down following objectives:
(i) To create public awareness about the benefits of intellectual property among all sections of society.
(ii) To stimulate the creation and growth of intellectual property by undertaking relevant measures.
(iii) To have strong and effective laws with regard to IP rights, consistent with international obligations.
(iv) To modernise and strengthen IP administration.
(v) To catalyse commercialisation of IP rights.
6. To strengthen the enforcement and adjudicatory mechanisms for combating IP violations and to promote awareness and respect for IP rights.What are components of IPR?
Ans: (i) Patents: It is an exclusive right granted by a country to the owner of an invention to make, use, manufacture and markets the invention.
(ii) Copyright: It gives the creator exclusive rights for their original work but for a stipulated time. Copyright applies to a wide range of intellectual, artistic, or creative works or forms. Copyright covers the form or manner which are expressed and not ideas and information. Copyright is a legal concept, enacted by most governments, that grants the creator of an original work exclusive right for its use and distribution. Copyright is available for creating an original, literary, dramatic, musical or artistic work. In India, The Copyright Act, 1957 and amended in 1983, 1984, 1992, 1994 and 1999 is available. Registration can be done at the Office of the Registrar of Copyrights in New Delhi. The Act provides protection for the expression of an idea and not for the idea itself. The owner may allow the copyright to any person. It gives the owner incentives in the form of recognition and fair economic reward increases their activity.
(iii) Industrial design rights: An industrial design right is also known as ‘design patent’ or ‘design right’. It protects the visual design of objects that are not purely functional. A design patent may be granted if the product has a distinct configuration, distinct surface ornamentation or both. In other words, a design patent provides protection for the ornamental design of something that has a practical utility. These include the ornamental or aesthetic aspects of an article which may consist of 3D or 2D features, such as shape or surface, patterns, lines or colour, thereby making the article attractive and appealing which add to the commercial value of the product and increase its marketability. However, any technical features of the article are not protected by it.
(iv) Trademarks: Plant variety rights, also called plant breeders’ rights are the rights to use a commercially new variety of a plant. This variety must be novel and distinct amongst other varieties and for registration, the evaluation of the propagating material of the variety is examined.
(v) Trade dress: It is a legal term for art forms related to visual and aesthetic appearance of a design of a building or a product or its packaging that conveys the origin of the product to consumers.
(vi) Trade secrets: A formula, process, design, instrument, practice, compilation of information or pattern, which is not known to people other than the creator company or business and by which a business can obtain an economic advantage over competitors and customers.
(vii) Plant variety rights: A sign used on goods that have a specific geographical origin and possess qualities or a reputation due to that place of origin. Registration period of a is 10 years which is renewable. The Geographical Indication of Goods (Registration and Protection) Act came into being in 2000 with imprisonment for a term between six months and three years and a fine between` 50,000– 2,00,000. The law related to this (applicable in India) is Geographical Indication of Goods (Registration and Protection) Act 1999.
7. Write a short note on:
(a) Patent.
Ans: It is an exclusive right granted by a country to the owner of an invention to make, use, manufacture and markets the invention.
(b) Copyright.
Ans: Copyright is a legal concept, enacted by most governments, that grants the creator of an original work exclusive right for its use and distribution. Copyright is available for creating an original, literary, dramatic, musical or artistic work. In India, The Copyright Act, 1957 and amended in 1983, 1984, 1992, 1994 and 1999 is available. Registration can be done at the Office of the Registrar of Copyrights in New Delhi. The Act provides protection for the expression of an idea and not for the idea itself. The owner may allow the copyright to any person. It gives the owner incentives in the form of recognition and fair economic reward increases their activity.
Check Your Progress:
A. Fill in the Blanks:
1. _____________ refers to the violation that arises after selling of a patented invention without taking permission from the patent holder.
Ans: Patent infringement.
2. ___________ refers to the violation of patents, copyright and trademarks, and misappropriation with respect to trade secrets.
Ans: Intellectual property infringement.
3. _____________ refers to the violations different from those of other intellectual property laws.
Ans: Unfair competition.
4. ____________ refers to the violation when someone reproduces, distributes, displays or performs any work, or creates derivative works without taking the permission of the copyright holder.
Ans: Copyright infringement.
5. _____________ is the body of laws that grants authors, artists and other creators protection for their literary and artistic creations.
Ans: Copyright law.
6. ____________ are signs that distinguish the goods or services of one enterprise from that of another.
Ans: Trademarks.
7. Any confidential business information, which provides an enterprise a competitive edge, qualifies as a ___________.
Ans: Trade secret.
B. Subjective Questions:
1. What is infringement?
Ans: Infringement refers to the violation or breaking of laws, patents, copyright, agreements and trademarks. Misappropriation generally means theft or embezzlement or unlawful appropriation of funds.
2. Define misappropriation.
Ans: The act of stealing something that you have been asked to take care of, and using it for yourself: misappropriation of funds/money/assets He was charged with forgery and misappropriation of union assets. Compare. appropriation.
3. Write the various objectives of IPR.
Ans: The New IPR Policy 2016 is rather well thought and lays down following objectives:
(i) To create public awareness about the benefits of intellectual property among all sections of society.
(ii) To stimulate the creation and growth of intellectual property by undertaking relevant measures.
(iii) To have strong and effective laws with regard to IP rights, consistent with international obligations.
(iv)To modernise and strengthen IP administration.
(v) To catalyse commercialisation of IP rights.
(vi) To strengthen the enforcement and adjudicatory mechanisms for combating IP violations and to promote awareness and respect for IP rights.
4. Explain the need of IPR in a hotel.
Ans: Hotels are important as they provide essential services for travelers, including accommodation, food, and safety. They support local economies, create employment, and are integral to the travel and tourism sector, facilitating domestic and international travel.
5. Write in short about the subjects or tools that provide IPR protection under hospitality.
Ans: Hospitality industry is built on Intellectual Property. For a hotel, it is important to lockdown essentia agreements like the hotel management agreement, the franchise agreement and licensing agreement. All these are critical to the success of a hotel. A hotel should retain any/all title(s), right(s), profit(s) and interest(s) of the website’s contents, including but not limited to text, photographs, images, domains, sub-domains, trademarks, logos, or any other intellectual property or moral rights and similar benefits.
Following are the subjects or tools that provide IPR protection under hospitality:
(i) Trademark: Trademarks are an important means by which manufacturers or service providers are able to differentiate their firm and its goods and/or services from the other similar products/services and providers thereof. Trademarks distinguish the goods or services of one enterprise from that of another. Trademark could be a sign or logo composed of letters, numerals or figurative elements specific to the product or service.
(ii) Trade secret: Broadly speaking, any confidential business information, which provides an enterprise a competitive edge, can qualify as a trade secret. Trade secrets are intellectual property rights on confidential information which can be sold or licensed.
(iii) Copyrights: A copyright is a collection of rights that automatically vest to someone who creates an original work of authorship like a literary work, song, movie or software. These rights include the right to reproduce the work, to prepare derivative works, to distribute copies, and to perform and display the work publicly. Rights closely related to copyright are related rights, which provide rights similar or identical to those of copyright, although sometimes more limited and of shorter duration.
6. Write a short note on:
(a) Trademark.
Ans: Trademarks are an important means by which manufacturers or service providers are able to differentiate their firm and its goods and/or services from the other similar products/services and providers thereof. Trademarks distinguish the goods or services of one enterprise from that of another. Trademark could be a sign or logo composed of letters, numerals or figurative elements specific to the product or service. Today, even sound, shape or smell amount to a trademark provided they function as trademarks in the marketplace.
(b) Branding.
Ans: In industry, and publicly also, one is more likely to hear the term brand as opposed to mark. While these terms may overlap, they are not the same. A brand is a name given to a product and/or service such that it takes on an identity by itself. A brand differentiates a product from similar other products and enables it to charge a higher premium, in return for a clear identity and greater faith in its function. A brand is also likely to survive longer than just an undifferentiated product. A brand is, therefore a larger and more amorphous concept, being essentially a communication tool. Branding is a marketing practice in which a company creates a name, symbol or design that is easily identifiable as belonging to the company. Branding is a marketing term. It embodies many different concepts with intellectual property rights, principally trademarks, contributing towards its development.
Check Your Progress:
A. Fill in the Blanks:
1. International protection of _____________ is provided under the Madrid System.
Ans: 1970.
2. The Patents Act was introduced in the year __________.
Ans: Trademark registration.
3. _________ lets you protect the unique marks that you develop to brand your products and services from use by others.
Ans: Trademark registration.
4. ___________ can be defined as an organised body of information about products and services offered to customers, which can be utilised to influence their buying decision, resulting in customer satisfaction.
Ans: Marketing information systems.
5. Logos and signages will often be protected as ____________.
Ans: Trademarks.
6. ____________ laws protect certain kinds of original works.
Ans: Copyright.
7. The Copyright Act came into existence in the year ___________.
Ans: 1957.
8. Copyright protection provides rights in two forms, ___________ and __________.
Ans: Economic rights and moral rights.
B. Subjective Questions:
1. Explain the importance of registration of Intellectual Property.
Ans: Intellectual Property (IP) rights are possibly among the most important and valuable assets for a business.
Importance of IP registration:
(i) It makes one’s business different from competitors.
(ii) It provides an important revenue stream.
(iii) It offers customers something new and different.
(iv) It forms an essential part of one’s marketing or branding.
(v) It is accepted as security or collateral for obtaining loans from financial institutions.
(vi) Protecting the name and logo, designs, inventions, works of creative or intellectual effort or trademarks that distinguish one’s business can all be types of IP.
(vii) Protect it against infringement by others and ultimately defend in the courts one’s sole right to use, make, sell or import it.
(viii) Stop others from using, making, selling or importing it without one’s permission.
2. Write short notes on:
(a) Berne Convention for copyright.
Ans: The Berne Convention, adopted in 1886, deals with the protection of works and the rights of their authors. It provides creators such as authors, musicians, poets, painters etc. with the means to control how their works are used, by whom, and on what terms.
(b) Hague Agreement on industrial designs.
Ans: The Hague Agreement is a system which enables design owners who belong to certain countries to apply centrally for designs for a number of states and/or intergovernmental organization.
(c) Patent Infringement Remedies.
Ans: Remedies for copyright infringement include civil remedies (e.g., injunctions, damages), criminal penalties (e.g., imprisonment, fines), and administrative measures (e.g., import restrictions).
(d) Copyright Infringement Remedies.
Ans: In the same manner, a case against the infringement of copyright can be filed in a District Court or High Court within territorial jurisdiction in which the cause of action has arisen. Copyright infringement is a cognisable (non-bailable) offence punishable with an imprisonment of six months, which can be extended to three years or a fine ranging from ` 50,000–2,00,000. For the second offence, the minimum term of imprisonment has been increased to one year, which may extend to three years and the minimum fine has increased to ` 1,00,000, which may be extended to 2,00,000. These criminal remedies are available to the copyright holders for infringement.
The company should adopt the following best practices to keep the intellectual property secured:
(i) Employees and vendors must sign a code of conduct and confidentiality, and non-disclosure agreement before beginning work.
(ii) Confidential information that is stored electronically should be compartmentalised. No one, except an authorised person should be able to access it.
(iii) No employee should be able to access the proprietary information.
(iv) When an employee leaves the organisation, they should be examined through an exit interview to assure that they are not taking any internal information to the competitor.
(v) If the employee leaving the organisation is involved in malicious activities of information leakage, a full scale investigation should be conducted. If guilty, necessary action should be taken.
(vi) Access to facilities containing valuable proprietary and confidential information should be carefully controlled.
(vii) Network security should be well-maintained and updated to prevent hacking.
3. What are the various hotel products protected under IPR?
Ans: The Hotel business should always ensure its owner rights of the copyright about work such as the branding, and campaigns. Things such as food menu, marketing materials, hotel website name and design should fall under copyright law that protects the original content of authorship.
4. Explain the importance of giving respect to copyrights.
Ans: Copyright law protects expression of ideas rather than the ideas themselves. Under Section 13 of the Copyright Act 1957, copyright protection is conferred on literary, dramatic, musical and artistic works, cinematograph films and sound recording. For example, books and computer programmes are protected under the Act as literary works. Copyright refers to a bundle of exclusive rights vested in the owner of copyright by virtue of Section 14 of the Act. These rights can be exercised only by the owner of the copyright or by any other person who is licensed by the owner of the copyright. These rights include the right of adaptation, reproduction, publication and the right to make translations, communication to public, etc.
5. Explain copyright act in Indian scenario.
Ans: The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright in an idea.
Session 1.
Check Your Progress.
1. A. Fill in the Blanks:
1. _____________ is the monopoly right given to the designated owners for the creation of the intellect by law.
Ans: Intellectual Property.
2. _____________ is an exclusive right granted by a country to the owner of an invention to make, use, manufacture and markets the invention.
Ans: Patent.
3. A __________ is a sign or symbol that is recognisable.
Ans: Trademark.
4. ____________ is a legal term for art forms related to visual and aesthetic appearance of a design of a building or a product or its packaging that conveys the origin of the product to consumers.
Ans: Industrial Design.
5. ____________ administers an international registration system for trademarks.
Ans: World Intellectual Property Organization.
6. WIPO stands for _____________.
Ans: World Intellectual Property Organization.
7. The Patents and Designs Protection Act came into existence in the year _____________.
Ans: 1872.
8. The Patents (Amendment) Act 2005 became effective from ___________.
Ans: January 1, 2005.
B. Subjective Questions:
1. What is IPR?
Ans: Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.
2. Write the different components of IPR.
Ans: The concept of IPR is not a single concept. It has emerged from or is composed of the following components.
(i) Patents: It is an exclusive right granted by a country to the owner of an invention to make, use, manufacture and markets the invention.
(ii) Copyright: It gives the creator exclusive rights for their original work but for a stipulated time. Copyright applies to a wide range of intellectual, artistic, or creative works or forms. Copyright covers the form or manner which are expressed and not ideas and information. Copyright is a legal concept, enacted by most governments, that grants the creator of an original work exclusive right for its use and distribution. Copyright is available for creating an original, literary, dramatic, musical or artistic work. In India, The Copyright Act, 1957 and amended in 1983, 1984, 1992, 1994 and 1999 is available. Registration can be done at the Office of the Registrar of Copyrights in New Delhi. The Act provides protection for the expression of an idea and not for the idea itself. The owner may allow the copyright to any person. It gives the owner incentives in the form of recognition and fair economic reward increases their activity.
(iii) Industrial design rights: An industrial design right is also known as ‘design patent’ or ‘design right’. It protects the visual design of objects that are not purely functional. A design patent may be granted if the product has a distinct configuration, distinct surface ornamentation or both. In other words, a design patent provides protection for the ornamental design of something that has a practical utility. These include the ornamental or aesthetic aspects of an article which may consist of 3D or 2D features, such as shape or surface, patterns, lines or colour, thereby making the article attractive and appealing which add to the commercial value of the product and increase its marketability. However, any technical features of the article are not protected by it.
(iv) Trademarks: Plant variety rights, also called plant breeders’ rights are the rights to use a commercially new variety of a plant. This variety must be novel and distinct amongst other varieties and for registration, the evaluation of the propagating material of the variety is examined.
(v) Trade dress: It is a legal term for art forms related to visual and aesthetic appearance of a design of a building or a product or its packaging that conveys the origin of the product to consumers.
(vi) Trade secrets: A formula, process, design, instrument, practice, compilation of information or pattern, which is not known to people other than the creator company or business and by which a business can obtain an economic advantage over competitors and customers.
(vii) Plant variety rights: A sign used on goods that have a specific geographical origin and possess qualities or a reputation due to that place of origin. Registration period of a GI is 10 years which is renewable. The Geographical Indication of Goods (Registration and Protection) Act came into being in 2000 with imprisonment for a term between six months and three years and a fine between ` 50,000– 2,00,000. The law related to this (applicable in India) is Geographical Indication of Goods (Registration and Protection) Act 1999.
3. Explain how the IPR concept was developed.
Ans: Intellectual Property Rights (IPR) refers to the monopoly right given to the designated owners for creation of the intellect by law. Intellectual Property refers to the creation of mind i.e. inventions, industrial designs for article, literary and artistic work, symbols, etc.
(i) Industrial property: Trademarks, patents, etc. These are protected by the concept of patenting, trademarks, industrial designs, trade secrets, layout-designs, and geographical indications.
(ii) Copyright: It covers artistic and literary works, etc., and is protected by the concept of ‛Copyright’
4. Explain the meaning of Trade Secret.
Ans: Trade secrets is a formula, process, design, instrument, practice, compilation of information or pattern, which is not known to people other than the creator company or business and by which a business can obtain an economic advantage over competitors and customers.
5. What are the objectives of IPR?
Ans: The New IPR Policy 2016 is rather well thought and lays down following objectives:
(i) To create public awareness about the benefits of intellectual property among all sections of society.
(ii) To stimulate the creation and growth of intellectual property by undertaking relevant measures.
(iii) To have strong and effective laws with regard to IP rights, consistent with international obligations.
(iv) To modernise and strengthen IP administration.
(v) To catalyse commercialisation of IP rights.
6. To strengthen the enforcement and adjudicatory mechanisms for combating IP violations and to promote awareness and respect for IP rights.What are components of IPR?
Ans: (i) Patents: It is an exclusive right granted by a country to the owner of an invention to make, use, manufacture and markets the invention.
(ii) Copyright: It gives the creator exclusive rights for their original work but for a stipulated time. Copyright applies to a wide range of intellectual, artistic, or creative works or forms. Copyright covers the form or manner which are expressed and not ideas and information. Copyright is a legal concept, enacted by most governments, that grants the creator of an original work exclusive right for its use and distribution. Copyright is available for creating an original, literary, dramatic, musical or artistic work. In India, The Copyright Act, 1957 and amended in 1983, 1984, 1992, 1994 and 1999 is available. Registration can be done at the Office of the Registrar of Copyrights in New Delhi. The Act provides protection for the expression of an idea and not for the idea itself. The owner may allow the copyright to any person. It gives the owner incentives in the form of recognition and fair economic reward increases their activity.
(iii) Industrial design rights: An industrial design right is also known as ‘design patent’ or ‘design right’. It protects the visual design of objects that are not purely functional. A design patent may be granted if the product has a distinct configuration, distinct surface ornamentation or both. In other words, a design patent provides protection for the ornamental design of something that has a practical utility. These include the ornamental or aesthetic aspects of an article which may consist of 3D or 2D features, such as shape or surface, patterns, lines or colour, thereby making the article attractive and appealing which add to the commercial value of the product and increase its marketability. However, any technical features of the article are not protected by it.
(iv) Trademarks: Plant variety rights, also called plant breeders’ rights are the rights to use a commercially new variety of a plant. This variety must be novel and distinct amongst other varieties and for registration, the evaluation of the propagating material of the variety is examined.
(v) Trade dress: It is a legal term for art forms related to visual and aesthetic appearance of a design of a building or a product or its packaging that conveys the origin of the product to consumers.
(vi) Trade secrets: A formula, process, design, instrument, practice, compilation of information or pattern, which is not known to people other than the creator company or business and by which a business can obtain an economic advantage over competitors and customers.
(vii) Plant variety rights: A sign used on goods that have a specific geographical origin and possess qualities or a reputation due to that place of origin. Registration period of a GI is 10 years which is renewable. The Geographical Indication of Goods (Registration and Protection) Act came into being in 2000 with imprisonment for a term between six months and three years and a fine between ` 50,000– 2,00,000. The law related to this (applicable in India) is Geographical Indication of Goods (Registration and Protection) Act 1999.
7. Write a short note on:
(a) Patent.
Ans: It is an exclusive right granted by a country to the owner of an invention to make, use, manufacture and markets the invention.
(b) Copyright.
Ans: Copyright is a legal concept, enacted by most governments, that grants the creator of an original work exclusive right for its use and distribution. Copyright is available for creating an original, literary, dramatic, musical or artistic work. In India, The Copyright Act, 1957 and amended in 1983, 1984, 1992, 1994 and 1999 is available. Registration can be done at the Office of the Registrar of Copyrights in New Delhi. The Act provides protection for the expression of an idea and not for the idea itself. The owner may allow the copyright to any person. It gives the owner incentives in the form of recognition and fair economic reward increases their activity.
Session 2.
Check Your Progress.
A. Fill in the Blanks
1. _____________ refers to the violation that arises after selling of a patented invention without taking permission from the patent holder.
Ans: Patent infringement.
2. ___________ refers to the violation of patents, copyright and trademarks, and misappropriation with respect to trade secrets.
Ans: Intellectual property infringement.
3. _____________ refers to the violations different from those of other intellectual property laws.
Ans: Unfair competition.
4. ____________ refers to the violation when someone reproduces, distributes, displays or performs any work, or creates derivative works without taking the permission of the copyright holder.
Ans: Copyright infringement.
5. _____________ is the body of laws that grants authors, artists and other creators protection for their literary and artistic creations.
Ans: Copyright law.
6. ____________ are signs that distinguish the goods or services of one enterprise from that of another.
Ans: Trademarks.
7. Any confidential business information, which provides an enterprise a competitive edge, qualifies as a ___________.
Ans: Trade secret.
B. Subjective Questions:
1. What is infringement?
Ans: Infringement refers to the violation or breaking of laws, patents, copyright, agreements and trademarks. Misappropriation generally means theft or embezzlement or unlawful appropriation of funds.
2. Define misappropriation.
Ans: The act of stealing something that you have been asked to take care of, and using it for yourself: misappropriation of funds/money/assets He was charged with forgery and misappropriation of union assets. Compare. appropriation.
3. Write the various objectives of IPR.
Ans: The New IPR Policy 2016 is rather well thought and lays down following objectives:
(i) To create public awareness about the benefits of intellectual property among all sections of society.
(ii) To stimulate the creation and growth of intellectual property by undertaking relevant measures.
(iii) To have strong and effective laws with regard to IP rights, consistent with international obligations.
(iv)To modernise and strengthen IP administration.
(v) To catalyse commercialisation of IP rights.
(vi) To strengthen the enforcement and adjudicatory mechanisms for combating IP violations and to promote awareness and respect for IP rights.
4. Explain the need of IPR in a hotel.
Ans: Hotels are important as they provide essential services for travelers, including accommodation, food, and safety. They support local economies, create employment, and are integral to the travel and tourism sector, facilitating domestic and international travel.
5. Write in short about the subjects or tools that provide IPR protection under hospitality.
Ans: Hospitality industry is built on Intellectual Property. For a hotel, it is important to lockdown essentia agreements like the hotel management agreement, the franchise agreement and licensing agreement. All these are critical to the success of a hotel. A hotel should retain any/all title(s), right(s), profit(s) and interest(s) of the website’s contents, including but not limited to text, photographs, images, domains, sub-domains, trademarks, logos, or any other intellectual property or moral rights and similar benefits.
Following are the subjects or tools that provide IPR protection under hospitality:
(i) Trademark: Trademarks are an important means by which manufacturers or service providers are able to differentiate their firm and its goods and/or services from the other similar products/services and providers thereof. Trademarks distinguish the goods or services of one enterprise from that of another. Trademark could be a sign or logo composed of letters, numerals or figurative elements specific to the product or service.
(ii) Trade secret: Broadly speaking, any confidential business information, which provides an enterprise a competitive edge, can qualify as a trade secret. Trade secrets are intellectual property rights on confidential information which can be sold or licensed.
(iii) Copyrights: A copyright is a collection of rights that automatically vest to someone who creates an original work of authorship like a literary work, song, movie or software. These rights include the right to reproduce the work, to prepare derivative works, to distribute copies, and to perform and display the work publicly. Rights closely related to copyright are related rights, which provide rights similar or identical to those of copyright, although sometimes more limited and of shorter duration.
6. Write a short note on:
(a) Trademark.
Ans: Trademarks are an important means by which manufacturers or service providers are able to differentiate their firm and its goods and/or services from the other similar products/services and providers thereof. Trademarks distinguish the goods or services of one enterprise from that of another. Trademark could be a sign or logo composed of letters, numerals or figurative elements specific to the product or service. Today, even sound, shape or smell amount to a trademark provided they function as trademarks in the marketplace.
(b) Branding.
Ans: In industry, and publicly also, one is more likely to hear the term brand as opposed to mark. While these terms may overlap, they are not the same. A brand is a name given to a product and/or service such that it takes on an identity by itself. A brand differentiates a product from similar other products and enables it to charge a higher premium, in return for a clear identity and greater faith in its function. A brand is also likely to survive longer than just an undifferentiated product. A brand is, therefore a larger and more amorphous concept, being essentially a communication tool. Branding is a marketing practice in which a company creates a name, symbol or design that is easily identifiable as belonging to the company. Branding is a marketing term. It embodies many different concepts with intellectual property rights, principally trademarks, contributing towards its development.
Session 3.
Check Your Progress:
A. Fill in the Blanks.
1. International protection of _____________ is provided under the Madrid System.
Ans: 1970.
2. The Patents Act was introduced in the year __________.
Ans: Trademark registration.
3. _________ lets you protect the unique marks that you develop to brand your products and services from use by others.
Ans: Trademark registration.
4. ___________ can be defined as an organised body of information about products and services offered to customers, which can be utilised to influence their buying decision, resulting in customer satisfaction.
Ans: Marketing information systems.
5. Logos and signages will often be protected as ____________.
Ans: Trademarks.
6. ____________ laws protect certain kinds of original works.
Ans: Copyright.
7. The Copyright Act came into existence in the year ___________.
Ans: 1957.
8. Copyright protection provides rights in two forms, ___________ and __________.
Ans: Economic rights and moral rights.
B. Subjective Questions:
1. Explain the importance of registration of Intellectual Property.
Ans: Intellectual Property (IP) rights are possibly among the most important and valuable assets for a business.
Importance of IP registration:
(i) It makes one’s business different from competitors.
(ii) It provides an important revenue stream.
(iii) It offers customers something new and different.
(iv) It forms an essential part of one’s marketing or branding.
(v) It is accepted as security or collateral for obtaining loans from financial institutions.
(vi) Protecting the name and logo, designs, inventions, works of creative or intellectual effort or trademarks that distinguish one’s business can all be types of IP.
(vii) Protect it against infringement by others and ultimately defend in the courts one’s sole right to use, make, sell or import it.
(viii) Stop others from using, making, selling or importing it without one’s permission.
2. Write short notes on:
(a) Berne Convention for copyright.
Ans: The Berne Convention, adopted in 1886, deals with the protection of works and the rights of their authors. It provides creators such as authors, musicians, poets, painters etc. with the means to control how their works are used, by whom, and on what terms.
(b) Hague Agreement on industrial designs.
Ans: The Hague Agreement is a system which enables design owners who belong to certain countries to apply centrally for designs for a number of states and/or intergovernmental organization.
(c) Patent Infringement Remedies.
Ans: Remedies for copyright infringement include civil remedies (e.g., injunctions, damages), criminal penalties (e.g., imprisonment, fines), and administrative measures (e.g., import restrictions).
(d) Copyright Infringement Remedies.
Ans: In the same manner, a case against the infringement of copyright can be filed in a District Court or High Court within territorial jurisdiction in which the cause of action has arisen. Copyright infringement is a cognisable (non-bailable) offence punishable with an imprisonment of six months, which can be extended to three years or a fine ranging from ` 50,000–2,00,000. For the second offence, the minimum term of imprisonment has been increased to one year, which may extend to three years and the minimum fine has increased to ` 1,00,000, which may be extended to ` 2,00,000. These criminal remedies are available to the copyright holders for infringement.
The company should adopt the following best practices to keep the intellectual property secured:
(i) Employees and vendors must sign a code of conduct and confidentiality, and non-disclosure agreement before beginning work.
(ii) Confidential information that is stored electronically should be compartmentalised. No one, except an authorised person should be able to access it.
(iii) No employee should be able to access the proprietary information.
(iv) When an employee leaves the organisation, they should be examined through an exit interview to assure that they are not taking any internal information to the competitor.
(v) If the employee leaving the organisation is involved in malicious activities of information leakage, a full scale investigation should be conducted. If guilty, necessary action should be taken.
(vi) Access to facilities containing valuable proprietary and confidential information should be carefully controlled.
(vii) Network security should be well-maintained and updated to prevent hacking.
3. What are the various hotel products protected under IPR?
Ans: The Hotel business should always ensure its owner rights of the copyright about work such as the branding, and campaigns. Things such as food menu, marketing materials, hotel website name and design should fall under copyright law that protects the original content of authorship.
4. Explain the importance of giving respect to copyrights.
Ans: Copyright law protects expression of ideas rather than the ideas themselves. Under Section 13 of the Copyright Act 1957, copyright protection is conferred on literary, dramatic, musical and artistic works, cinematograph films and sound recording. For example, books and computer programmes are protected under the Act as literary works. Copyright refers to a bundle of exclusive rights vested in the owner of copyright by virtue of Section 14 of the Act. These rights can be exercised only by the owner of the copyright or by any other person who is licensed by the owner of the copyright. These rights include the right of adaptation, reproduction, publication and the right to make translations, communication to public, etc.
5. Explain copyright act in Indian scenario.
Ans: The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright in an idea.
