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Intellectual

Property Rights In

Indiaby

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what is ThE IPR..?? Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic

works, and symbols, names, images, and designs used in commerce.

IP is divided into two categories:

A---Industrial property:- which includes inventions (patents), trademarks,industrial designs, and geographic indications of source; and

B---Copyright, which includes literary and artistic works such as novels, poems and

plays, films, musical works, artistic works such as drawings, paintings, photographs

and sculptures, and architectural designs. Rights related to copyright include those

of performing artists in their performances, producers of phonograms in their

recordings, and those of broadcasters in their radio and television programs

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Basic Elements of IPR

Patents

Copyrights

Trade Marks

Secret Trade

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Patents

History ofIndianPatent System Year 1856= THIS ACT WAS PASSED IN THE YEAR 1856 FOR THE

PROTECTION OF INVENTIONS BASED ON THE BRITISH PATENT LAW OF

1852. IT HAD CERTAIN EXCLUSIVE PRIVILEGES GRANTED TO INVENTORS OF

NEW MANUFACTURERS FOR A PERIOD OF 14 YEARS.

Year 1859= THIS ACT WAS MODIFIED IN 1859 HERE THE EXCLUSIVEPRIVILEGES THAT IS THE (MAKING. SELLING AND USING INVENTIONS IN

INDIA CAN BE AUTHORIZED OTHERS TO DO FOR 14 YEARS

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Continued.What Exactlythe Patentis all about???

A patent is an exclusive right granted by a country to the owner of aninvention to make, use, manufacture and market the invention,

provided the invention satisfies certain conditions stipulated in the law.

These rights implies that no one else can make, use, manufacture ormarket the consent of the patent holder. In spite of the ownership ofthe rights, the use or exploitation of the rights by the owner of thepatent may not be possible due to other laws of the country which hasawarded the patent

These laws may relate to health, safety, food, security etc. Further,existing patents in similar area may also come in the way. A patent inthe law is a property right and hence, can be gifted, inherited,assigned, sold or licensed

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Trade MarksA trade-mark is a word, design, number, two-dimensional or three-dimensionalform, sound or color, or a combination of two or more of these elements whicha trader uses to distinguish products or services from those of competitors

and serves to establish goodwill with the consumer

UNREGISTERED TRADE MARK:-

it is, a mark used to promote or brandgoods ,which does not benefit from the protection

afforded to trade marks through registration

http://en.wikipedia.org/wiki/Trademark_symbolhttp://en.wikipedia.org/wiki/Trademark_symbol

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REGISTERED TRADEMARK

is designated by (the circled "R") and also known as a racol (derived fromRegistered & Authorized Company Logo),

It is a Symbols used to provide

notice that the preceding mark

is a trademark or service mark

that has been registered with a national trademark

http://en.wikipedia.org/wiki/Registered_trademark_symbolhttp://en.wikipedia.org/wiki/Registered_trademark_symbol

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UnREGISTERED SERVICEMARKThis is, a mark used to promote or brand services used in some countries,notably the United States to identify a service rather than a product.

When a service mark is federally registered, the standard registration symbol

may be used.The same symbol is used to mark registered trademark.

http://en.wikipedia.org/wiki/Registered_trademark_symbolhttp://en.wikipedia.org/wiki/Registered_trademark_symbol

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CopyRIGHTS

Copyright refers to laws that regulate the use of the work of a creator, such

as an artist or author.

This includes copying, distributing,altering and displaying creative,

literary and other types of work.

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Trade Secret

Broadly speaking ,any business information which provides an enterprise a

competitive edge may be considered a trade secret

It encompass manufacturingor industrial and commercial secrets

The unauthorized use of such information by any persons other than the holderis regarded as unfair practice or violation of trade secret

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Protection of Trade secret Trade secrets are protected without any registration , that is , trade secrets are

protected without any formalities. For these reasons ,the protection of trade secretsare attractive to SMEs.

There are ,however ,some conditions for the information to be a trade secret.

The information must be secret

It must have commercial value because it is a secret It must have been subject to reasonable steps by the rightful/holder of the

information to keep it secret.

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Precautionary Measures Trade secrets are widely used by SMEs . Many SMEs mostly rely on trade secrets for the protection of IP

It is important, therefore, to make sure that enterprises take all necessary measures to protect their trade

secrets effectively. This includes:

Firstly, considering whether the secret is patentable and, if so, whether it would not be better protected by apatent.

Secondly, making sure that a limited number of people know the secret and that all those who do are well

aware that it is confidential information.

Thirdly, including confidentiality agreements within employees' contracts

Fourthly, signing confidentiality agreements with business partners whenever disclosing confidential

information.

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Importance of IPR Why is intellectual property important?

Intellectual property protection is Critical to fostering innovation.Without protection of ideas, businesses would not reap the fullbenefits of their inventions and would focus less on research and

development. Similarly, artists would not be fully compensated fortheir creations and cultural vitality would suffer as a result

Why should I protect my intellectual property?

Piracy, counterfeiting and the theft of intellectual property assetspose a serious threat to all Indian businesses. Exporters face unfaircompetition abroad, non-exporters face counterfeit imports athome and all businesses face legal, health and safety risks from thethreat of counterfeit goods entering their supply chains

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THANKs To All Of You

Prepared By:

@run Kumar

Harish BabuJitendra Manglani

Prateek Aggrawal