INTRODUCTION TO INTELLECTUAL PROPERTY RIGHTS

Intellectual Property
Intellectual property(IP) is a term referring to a

number of distinct types of the creation of mind for which a set of exclusive rights are recognized under the corresponding fields of law. Under IP , owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs.

Enterprise Assets

Physical Building Machinery Financial Assets Infrastructure

Intangible Assets Creative and Innovative talents Know-how to ideas Business Plans Brands Designs Human Capital

Intellectual Property
Objectives: To encourage innovation,creators will not have sufficient incentive to invent unless they are legally entitled to capture the full social value of their inventions. These exclusive rights allow owners of intellectual property to benefit from the property they have created, providing a financial incentive for the creation of an investment in intellectual property

Types of Intellectual Property Rights

Patents
Copyrights and related rights Trademark Industrial Designs

Geographical Indications
Trade Secrets Protection of New Plant Variety Lay out designs of integrated circuits

Inventions (patents), trademarks, industrial designs, and geographical indications are referred to as Industrial property,

Different ways of protecting IP

Innovative products and Goods of given

processes Patents Creative designs/textile designs Industrial Designs Brands- Trademark Microchips- Lay out
designs of integrated circuits

{ A single product may be protected by variety of different IP rights}

quality/reputation attributable to geographical origin-GI Undisclosed informationTrade Secret Cultural,artistic,literary works, computer software,compilation of data-Copyright

PATENT
Patent is an statutory monopoly exclusive right

granted by a country for an invention for a disclosure of the invention, for using his invention himself/ or by authorised person(s) Preventing others from making ,using/ or selling his invention. Protection is granted for a limited period (20 yrs) To encourage inventions/ develop new technologies

PATENT
A patentee must disclose the invention in a

patent document for a people to practice it after the expiry of the term. Provides financial reward flowing from the exploitation of patent & disclosure of resulting inventions for public dissemination & use, will raise technical level of Nation.

PATENT
To get a patent, the invention should be

Novel(new), inventive (non-obvious)and has utility(industrial application). Invention means a new product or process involving an inventive step and capable of industrial application. The invention should not fall under the non-patent able categories defined under Patent Act.

Non-patentable subject Matter

Discoveries of materials or

Schemes rules or

substances already existing in nature. Scientific theories or mathematical methods Plants or animals(or verities thereof) other than Microorganisms, microbial processes Any invention where prevention of its commercial exploitation is necessary to protect public order, good morals or public health

methods e.g. for doing business, performing only mental acts or playing games. Methods of treatment for humans or animals or diagnostic methods practiced on human or animals

Benefits of Patents Registration

Exclusive Right- allows to use and exploit the

invention for 20 years from date of filling. Strong Market position-prevent other from commercially using patented invention thereby reducing competition. Higher returns on investment Opportunity to license or sell the invention. Positive image of enterprise

COPYRIGHT
Copyright is the right of author/ creator to

control the reproduction of his intellectual creation. It covers: Literary, dramatic and musical work ( Computer prog./ Software are covered within literary work.) Artistic work Cinematographic films which includes sound track & video films. Record any disc, tape, perforated roll or other device.

COPYRIGHT
Copyright subsists in original literary, dramatic,

musical and artistic works and cinematographic films and sound recordings by virtue of their creation and fixation in a tangible medium of expression. Copyright subsists in a work by virtue of creation, hence its not mandatory to register .However, registering a copyright provides evidence that copyright subsists in the work & creator is the owner of the work.

COPYRIGHT
Copyright is the body of law that grants authors,

artists & other creators protection for their literary and artistic creations, which are referred to as Works. Copyright protection (other than photographs) is for life of author plus sixty years after his death.

TRADEMARKS
A Trademark serves to identify and distinguish

the source of the goods of one enterprise from those of anothers. It may be a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors or any combination thereof, audible sounds, fragrances etc. TM do not protect the design or ideas but prevents others from deceiving customers.

TRADEMARKS
Helps consumer identify and purchase a

product or service because its nature & quality, indicated by its unique trademark, meets their needs. Registration of its trademark is prima facie proof of its ownership giving statutory right to the proprietor. Trademark rights may be held in perpetuity. The initial term of registration is for 10 years; thereafter it may be renewed from time to time.

TRADE NAMES/MARKS
A trade name is the full name of your business

e.g. Ram International Ltd. & it identifies your company. A Trademark, however, distinguishes the product(s) of your company from those of other companies. A company may have various trademarks.

Well Known Trademarks

In relation to any goods or services, it

means a mark which has become known to a substantial segment of Public. TATA, BATA, Liberty, Brooke Bond, Dabur , Park Avenue, SAIL

TOP TEN BRANDS

BRAND VALUE ($billions)

1 COCA-COLA 69.6 2 MICROSOFT 64.1 3 IBM 51.2 4 GE 41.3 5 INTEL 30.9 6 NOKIA 30.0 7 DISNEY 29.3 8 McDONALD'S 26.4 9 MARLBORO 24.2 10 MERCEDES 21.0
Source Interbrand

INDUSTRIAL DESIGNS
Its An ornamental or aesthetic aspects or

outward appearance of an article. Design rights protect the features or shape, configuration, pattern or ornament or composition or lines or colour or combination thereof , two or three dimensional by any industrial process or means, weather manual, mechanical or chemical, separate or combined, which is in the finished article appeal to and are judged solely by the eye. It does not protect any technical features/ functional aspects.

INDUSTRIAL DESIGNS
Designs can be protected through registration,

the objective is to protect new/ original designs so created to be applied or applicable to particular article to be manufactured by industrial process or means. The initial term of protection is for 10 years from the date of filing, which can be extended for an additional term of five years. Altogether, the term of design protection is fifteen years from the date of filing.

What can be registered as an INDUSTRIAL DESIGNS

A Design must meet one or more of the following basic requirements Design is New- no identical design has been made available to public before the date of filing. Design is Original - created independently and is not a copy or imitation of existing design. Design has individual character.

What cannot be registered as an INDUSTRIAL DESIGN

Design that do not meet the

requirements of novelty, originality. Dictated exclusively by the technical functions. Designed incorporating protected official symbols or emblems e. g. National Flag. Contrary to public order and morality.

GEOGRAPHICAL INDICATIONS
Are Names associated with goods which identify

such goods, as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin. Agricultural products typically have qualities that derive from their place of origin and are influenced by specific local factors, such as climate, soil, manufacturing skills and traditions.

GEOGRAPHICAL INDICATIONS
In, India, a GI may be statutorily

protected either as a certification trademark under the Trade marks Act,1999 or as a GI under the GI of Goods (Registration and Protection) Act,1999. The registration of GI is valid for a period of 10 years after which it may be renewed from time to time.

REGISTERED GEOGRAPHICAL INDICATIONS

Darjeeling Tea Pochampally Ikat Chanderi Saree Kota Doria Kancheepuram Silk Bhavani Jamakkalam Mysore Agarbathi Solapur Chaddar Mysoe Silk Mysore Rosewood Inlay

Kullu Shawl Kangra Tea Coorg Orange Mysore Betel Leaf Nanjanagud Banana Mysore Sandalwood Oil Mysore Sandal Soap Bidriware Channapatna Toys and Dolls Coimbatore Wet Grinder

TRADE SECRETS
Confidential business information which

provides an enterprises a competitive edge. A trade secret may consist of any formula, pattern, device or compilation of information which is used in ones business,and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. Include sales methods,distribution methods, consumer profile, advertising strategies, list of suppliers and clients

TRADE SECRETS
Contrary to patents, trade secrets are

protected without registration. A trade secret can be protected for an unlimited period of time. A substantial element of secrecy must exist, so that, except by the use of improper means, there would be difficulty in acquiring the information.

PROTECTION OF NEW FARM VARITIES

The Plant Variety Protection and Farmers

Rights act 2001was enacted in India to protect the New Plant Variety, the act has come into force on 30.10.2005 through Authority . Initially 12 crop species have been identified for regt. i.e. Rice, Wheat, Maize, Sorghum,pearl millet,Chickpea, green gram, Black gram, Lentil, kidney bean etc. India has opted for sui generis system instead of patents for protecting new plant variety.

PROTECTION OF NEW FARM VARITIES

The objective of this act is
To stimulate investment for R & D for the

development of new plant varieties To facilitate the growth of the seed industry To recognise the role of farmers as cultivators and conservers and the contribution of traditional, rural and tribal communities to the countrys agro biodiversity by rewarding them for their contribution.

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