IPR

1. INTELLECTUAL PROPERTY
RIGHTS
Presented By:-
Esha Sharma
M.TECH.(CS)
DEI , AGRA
DAYALBAGH EDUCATIONAL INSTITUTE , AGRA

2. IN THIS SESSION
 Concept of IPR
 History of IPR
 Rights related to IPR
 Branches of IPR
 Emerging issues in IPR
 Benefits of IPR
 Conclusion

3. INTELLECTUAL PROPERTY RIGHTS
“RIGHTS”
 A moral or legal entitlement to have or do something or
prevent others from doing something.
“PROPERTY”
 A thing or things belonging to someone.
“INTELLECTUAL”
 Relating to the intellect.

4. INTELLECTUAL PROPERTY RIGHTS
 According to the World Intellectual Property Organization
(WIPO) , the term Intellectual Property indicates the legal
rights resulting from intellectual activity in the fields of science
, industry , literature & art.
 The right of an inventor to drive economic benefits from his
invention .
 Rights which can be used for protecting different aspects of an
inventive work for multiple protection.
 Outlined in article 27 of the universal declaration of human
rights .
 IPR are largely territorial rights except copyright ,which is
global in nature.
 IPR can be assigned , gifted , sold & licensed like any other
property.

5. HISTORY OF INTELLECTUAL
PROPERTY RIGHTS IN INDIA
 1856 :Act of protection of inventions
 1948 : Trademark Protection
 1957 : Indian copyright act
 1959 : Indian trade & merchandise marks act
 1970 : Indian PatentAct
 1999 : The Geographical Indications of Goods (Registration
and Protection)Act
 2000 : The Semiconductor Integrated Circuits Layout
DesignAct
 2001 : The Protection of Plant Varieties and Farmers’ Rights
Act

6. IP INCLUDES RIGHTS RELATING TO:-
 Literary, artistic and scientific works.
 Performances of performing artists, phonograms and
broadcasts .
 Inventions in all fields of human endeavor.
 Scientific discoveries
 Industrial designs
 Trademarks, service marks and commercial names and
designations .
 Protection against unfair competition

7. BRANCHES OF IPR

8. CONTD…..
 There are many big & small intellectual property law
firms worldwide, like in India , USA , Chicago etc,
providing qualitative help to inventors and creators
of the product.
 In India, intellectual property rights are safely
protected and controlled by well-established
statutory and judicial framework.
 Apart from that, there are many attorneys and law
firm of intellectual property in India in various
states.

10. MAIN FORMS OF IPR

11. COPYRIGHT
“Idea + Expression = COPYRIGHT”
 A right , which is available for creating an ordinary literary or
dramatic or musical or artistic work .
 In India , The CopyrightAct 1957 as 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.
 Protection for the expression of an idea and not for the idea
itself.
 The general rule is that copyright lasts for 60 years.

12. COPYRIGHT INCLUDES

13. WHAT IS NOT COVERED IN COPYRIGHT?
 Ideas
 Facts
 Recipes
 Works lacking originality( e.g The phone book)
 Names , tiltle or short phrases

14. CASE STUDIES
 Bangalore Aug 10,2003-
Banashankari police arrested three software engineers for
illegal copying software from a company they were working
for.
 Chennai ,February 2000-
Pirated software worth Rs 1.11crore(US $253,200) was seized
by the Chennai police. A total of 6 employees were arrested
which include the Managing Director of one outlet and
proprietors of each of the outlets.

15. PATENTS( THE PATENT ACT,1970)
“Idea + Innovation + Invention = PATENT”
 Patent is a monopoly right granted by the State to exclude
others from exploiting or using a particular invention.
 An exclusive right granted by a country to the owner of an
invention to make use , manufacture and market the invention
.
 Patents provide incentives to individuals by recognizing their
creativity & the incentives encourage invention .
 It prevents direct copying of invention.
 Makes competitors find other solution.

16.  PATENTS ARE GRANTED FOR :-
 Invention
 Innovation
 Process/Product of an invention
 Concept
 REQUIREMENT FOR GRANT OF PATENT:-
 Novelity
 Inventiveness
 Industrial application & usefulness
 Disclosure

17. TYPES OF PATENT
The three basic types are :-
 Utility ( useful devices and processors)
 Design (appearance of a useful device)
 Plant patents (man-made plant varieties)

19. INVENTIONS NOT PATENTABLE
 Contrary public order or morality
 The mere discovery of A scientific principle
 Mere discovery of any new property or new use
 The mere arrangement or re-arrangement or duplication
 A method of agriculture or horticulture
 Any process for the medicinal, surgical, curative, prophylactic
diagnostic, therapeutic
 Plants and animals in whole or any part thereof other than
micro organisms but including seeds, varieties and species
and essentially biological processes for production or
propagation of plants and animal.

20. TRADEMARKS
“Idea + Quality + Identity = TRADEMARK”
 Trademark can be a word, name, brand, symbol, label etc.,
used by a company to create a unique identity for their
product. Trademark can be registered, and then use ™ ®. The
registration validity is for 7 years and renewable after expiry.
In India, it is governed by the Trade and Merchandise Marks
Act, 1958, which came into force on 25th Nov., 1959.

22.  A distinctive sign that provides to the owner of the mark by
ensuring the exclusive right to use it to identify goods &
services.
 Mark includes “Device, brand, heading, label, ticket, name,
signature, word, letter, numeral, shape of goods, packaging,
combination of colors, and any combination thereof.”
 Well known associated trademarks , Service marks ,
Certification trademarks and collective marks.
 Term of registered trademark is 10 yrs and renewable.
 To register a trademark : appropriate national or regional
trademark office . WIPO administers an international
registration system for trademarks.

23. EXAMPLES…

24. TRADE SECRETS
 Invention
 Idea
 Survey Method
 Manufacturing Process
 Experiment Results
 Chemical Formula
 Recipe
 Financial Strategy
 Client Database
WHEN TRADE SECRETS ARE PREFERRED?
 Not patentable
 Un-limited life
 Cost
 Difficult to reverse engineer

25. INDUSTRIAL DESIGNS
 Design refers to the 2- or 3- dimensional drawing
 Delineating features of –
 Shape
 Configuration
 Pattern
 Ornamentation
 Compositions of lines or colors
 Applied to any article in 2-d or 3-d or in both
are judged solely by the eye.
 Applied to an article for its manufacturer
forms, and

26. ADVANTAGE OF DESIGN
REGISTRATION
 Appearance and shape of the product is registered as design.
 Trademark is a label attached to the product.
 Appearance i.e. design promotes marketability of product.
 Registered design provides legal cover against copy-cats.
CRITERIA OF DESIGN REGISTRATION:-
 Novelty: Novelty is judged solely by eye w.r.t. external
appearance of the finished Article.
 Absolute Novelty: i.e. Not publicly known or use in India or
elsewhere

27. EXAMPLE..

28. GEOGRAPHICAL INDICATIONS
 A geographical indication is a sign used on goods and stating
that a given product originates is a given geographical area
and possesses qualities or reputation due to that place of
origin.
 Geographical indications may be used for a variety of
products, such as agricultural products
 Example:-
 Cheese- “Roquefort” produced in this region of France.
 Olive oil- “Tuscany” for olive oil produced in specific region in
Italy.
 Tea- “Darjeeling” which is grown in India.
 Wines and Spirits- “Scotch Whisky” which originates in
Scotland.

29. EMERGING ISSUES IN
ITELLECTUAL PROPERTY
 Intellectual property plays an important role in an increasingly
broad range of areas, ranging from the internet to health care,
to nearly all aspects of science and technology, literature and
the arts.
 The following two topics:-
 Biotechnology
 Traditional Knowledge
Are now being discussed at length at the international arena

30. BENEFITS OF IP
 Good fences make good neighbors
 Filing First is the rule
 Encourages
 Innovation
 Product development
 Technical change
 Monetary gains to inventors.
 Greater inflows of technology
 Reduces imports

31. CONCLUSION
 Intellectual property rights reward creativity and human
endeavour, which fuel the progress of humankind.
 Understanding the country’s IP Rights and following the best
practices can drastically reduce the risk of losing the
company’s intellectual property.
 Indian government has initiated various steps towards
Intellectual Properties Rights Protection.

32. THANK YOU