Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish. Let us try and understand the basics of these intellectual property rights, how they can be applied for in India and understand how and why they are litigated so fiercely.

1. Patents, Trademarks And Copyrights
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2. 
 Intellectual property (IP) refers to
creations of the mind, such as
inventions; literary and artistic
works; designs; and symbols,
names and images used in
commerce.
 IP is protected in law by, for
example, Patents, Trademarks,
Copyrights, which enable people to
earn recognition from what they
invent or create.
What is Intellectual
Property?
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3. 
Types of Intellectual
Property
PATENT
TRADEMARK
TRADE
SECRETS
INDUSTRIAL PROPERTY COPYRIGHT
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4. 
“The exclusive right given by law for a certain term of
years to an author, composer etc. (or his assignee) to
print, publish and sell copies of his original work”
(Oxford English Dictionary)
What is Copyright?
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5. 
 Governed by the Copyright Act 1957. Valid from 21
January 1958
 Introduced civil and criminal remedies against
infringement
 Term of copyright depends on nature of work/owner
of copyright and whether the work has been
published
What do you need to know
about Copyrights?
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6. 
 Original Literary, Dramatic, Musical and Artistic
Works, Cinematograph Films, Sound recordings.
 Literary Works: Novels, poems, short stories, Books
on any subject, Computer programmes, tables,
computer databases Song lyrics
 Computer Softwares
Ambit Of Copyright
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7. Can you build upon another’s work to create your own original
piece??
- No -
Rogers Vs. Koons
Photographer Art Rogers shot a photograph of a couple holding a line of
puppies in a row and sold it for use in greeting cards and similar products.
Internationally, renowned artist Jeff Koons ran across Rodgers’ photograph
and used it to create a set of statues based on the image.
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8. 
What is a Patent?
A patent is an exclusive right granted 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.
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9. 
INVENTION
PATENATBLE IF…….
 Novelty
An invention will be considered novel if it does not form a part of
Information appearing in magazines, technical journals, books,
newspapers etc. Oral description of the invention in a
seminar/conference can also spoil novelty
 Inventiveness (Non-obviousness)
The invention is not obvious to a person skilled in the art in the light of
the prior publication/knowledge/ document.
 Usefulness
An invention must possess utility for the grant of patent. No valid
patent can be granted for an invention devoid of utility. The patent
specification should spell out various uses and manner of
practicing them, even if considered obvious
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10. 
Implications of getting
a patent
Once invention is safeguarded by Patent, it cannot be
commercially made, used, distributed or sold without
the consent of the patent owner or patentee. The
patent owner has the right to decide who may or may
not use the patented invention during the period of
protection of the invention.
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11. 
How patent is Important in our
Industrial practice?
 Patents provide incentives to the individuals. In particular, the
inventors deserve recognition for their creativity and material reward
for their marketable inventions.
 The incentives encourage innovation, which ensures that the quality
of human life is enhanced.
 Protection stimulates research, which results in technological
development.
 It enables the inventor (s) to recoup their investment for the money
and time spent developing the ideas in Research and Development.
 The use of patent documents enables future researchers not to re-
invent the wheel.
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12. 
What is Trademark?
 A trademark is a sign capable
of distinguishing the goods or
services of one enterprise
from those of other
enterprises.
 A trademark helps consumers
to identify and choose
between products/services
based on their reputation and
quality.
Coca-Cola
registered
since 1887
Nike
registered
since
1971
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13. 
Trademark
Different types of Trademarks -
Shape
Name
Slogan
Symbol
Colour
Logotype
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14. 
WHY REGISTRATION OF
TRADEMARK IS IMPORTANT?
 Exclusive legal right on your business name
 Protects your business name and gives remedy in
the court in case of any infringement
 A sound name in the market in the eye of a general
public
 Creates a face value among competitors
 Gives a legal recognition to your business
 ‘Monopoly’ business name or brand name
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