IPR - Presentation1

7/28/2019 IPR - Presentation1

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IPR



What is IP?



• Intellectual Property (IP)

• Refers to creations of mind:

• literary, artistic and scientific works,

• inventions in all fields of human endeavor

• scientific discoveries

• Industrial designs

• Symbols, names, images and designs

which used in commerce which is

incorporated by standard organization WIPO(World Intellectual Property Organization)



Intellectual property means that creativity,

innovation and inspirational incorporation of

an individual’s perception and idea, which if

practiced or molded in a form yields tangible,

substantial and real result and product, whichare distinctive and exclusive in its very

nature.



•

Intellectual property is traditionallydivided into two branches,

• industrial property: which includes

inventions (patents), trademarks,industrial designs, geographical indicationof source, commercial names etc.

• Copyright: which includes literary and

artistic works such as novels, poems,plays, films, musical works, drawings,painting, photographs and sculptures andarchitectural designs.



What Is Need of IPR?

The outcome of author’s / creator’s idea isverily said to be owned by him if it isexclusive his effort. The practical implicationof work, then thus become a property and a

material good of his. and as per the rights andobligations towards one’s own property, theintellect work of an individual is alsoprotected under the provisions of IP laws.

The work of an individual is the outcome of hisbrain power and so there are those rightsconferred on him by the IP laws.



IPR – Intellectual Property Rights

Is the right to protect the creation of humanmind. IPR are legal rights governing the use

of such creation. This term covers the

bundles of rights such as patent, trade mark,

industrial design, copy right, geologicalindications etc. Each of them is different in

scope , duration with a different purpose and

effect.



• Reward original efforts

• Motivate innovation and

creativity

•

Prevent duplication of work

• Commercial value in research

• Prevent exploitation of work

• Technical information for

research & to prevent

litigation

Why IPR is important?



However all IPRs generally exclude third partyfrom exploiting the protected subject matterwithout authorization of right holder. Thisenables IPR owners or the right holders to use

or disclose their intellectual property withoutfear of loosing of control.

The owner thus exercises his monopoly over hisproduct by way of the IP rights conferred to

him. These rights safeguards the proprietaryrights of owner so as to protect him againstany harm caused because of any wrongful actover his honor and entitlement.



Forms of IPR

IPR

Patents

Copy-

Rights

Trade-

mark

Design

Geo-

graphicalIndication

Int.

circuits

Plant

Breeder

Rights

Trade

secrets



What is a PATENT?• A patent is an exclusive right granted for

an invention, which is a product or a processthat provides a new way of doing something,or offers a new technical solution to aproblem

• The limited monopoly right granted by thestate enables an inventor to prohibit anotherperson from manufacturing, using or sellingthe patented product or from using thepatented process, without permission.

• Period of Patents - 20 Years and 5-7 yrs forPharmaceutical product and required renewalcontinuously up to the end of term or becomea public property



What can be PATENTED?

Inventions in all fields of technology, whether

products or processes, if they meet the

criteria of

• Novelty;

• Non-obviousness (inventive step);

• Industrial application (utility).



Conditions of Patentability? • Novelty: Invention not known to public prior

to claim by inventor

•

Inventive Step: Invention would not beobvious to a person with ordinary skill inthe art

•

Industrial Application: Invention can be madeor used in any useful, practical activity asdistinct from purely intellectual oraesthetic one



Grant of Patent

• Patents are granted by national patentoffices after publication and substantialexamination of the applications

• In India provisions exist for pre-grant andpost grant opposition by others

• They are valid within the territorial limits

of the country

• Foreigners can also apply for patents



What is Copyright?

• "Copyright" is a protection that coverspublished and unpublished literary,scientific, and artistic works, whatever theform of expression, provided such works arefixed in a tangible or material form.

• This means that if you can see it, hear it,and/or touch it-- it is protected

•Copy Right act, 1957

• Period of Copy Right- Whole of life + 60 yrsafter his death

©



What is Copyrighted

•

Works that have not been fixed in a tangibleform of expression; for example,improvisational speeches or performances thathave not been written or recorded.

• Titles, names, short phrases and slogans;familiar symbols or designs; variations oftypographic ornamentation, lettering orcoloring; listing of ingredients or contents.

• Ideal procedures, methods, systems ,processes, concepts, principles, discoveries,or devices, as distinguished from adescription, explanation or illustration.



What is not Copyrighted

• Works that have not been fixed in a tangibleform of expression; for example,improvisational speeches or performances thathave not been written or recorded.

• Titles, names, short phrases and slogans;familiar symbols or designs; variations oftypographic ornamentation, lettering orcoloring; listing of ingredients or contents.

• Ideal procedures, methods, systems ,processes, concepts, principles, discoveries,or devices, as distinguished from adescription, explanation or illustration.



Copyright

18

Films

Literary Dramatic Musical Artistic

Sound Recording

http://www.google.com/imgres?imgurl=http://i1.trekearth.com/photos/23159/kutub_minar_in_a_frame.jpg&imgrefurl=http://www.trekearth.com/gallery/Asia/India/North/Delhi/Delhi/photo205470.htm&h=748&w=561&sz=114&tbnid=cEYxJTnYmb7gBM:&tbnh=141&tbnw=106&prev=/images?q=kutub+minar+photo&usg=__gwXMdtGify8njx1InDl5XF7xCBI=&ei=OTjMSuDjF5yWkQW7v5jZBA&sa=X&oi=image_result&resnum=2&ct=image

http://www.google.com/imgres?imgurl=http://nageen.com/shop/images/categories/musical.jpg&imgrefurl=http://nageen.com/shop/index.php?main_page=index&cPath=8&h=266&w=333&sz=43&tbnid=UbGniYjzKgtVwM:&tbnh=95&tbnw=119&prev=/images?q=musical+instruments+photos&usg=__QokWtwwQF_KtbcN8q3_fmVv24EQ=&ei=rTfMSqmOG9fIkAXIj5HuBA&sa=X&oi=image_result&resnum=3&ct=image

http://books.google.com/books?id=VdVcShRVYqsC&printsec=frontcover&dq=subject:%22+Science+Fiction+%22&as_brr=3&rview=1

http://reneeashleybaker.files.wordpress.com/2008/01/vector-movie-reel.jpg



Trade Mark

• A name of an enterprise or a Mark capable of

being represented graphically, distinguishing

the goods or services of one person from

those of others

• Trade Mark can be –

o sign , words, letters, numbers,

o drawings, pictures, emblem,

o colors or combination of colors,

o shape of goods,o graphic representation or packaging or

o any combination of the above

as applied to an article or a product.

™



Trade marks

Name

Logotype

Symbol

Slogan

Shape

Color



Registered trademark

Intent to use application filed for product

Intent to use application filed for services

Trade Mark

®

™

SM



Trademarks & Service Marks

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