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Avishkarudit

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anirudha4year
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A AUDIT REPORT ON

“INTELLECTUAL PROPERTY RIGHTS”

SUBMITTED TO THE SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE


IN THE PARTIAL FULFILLMENT OF THE REQUIREMENTS
FOR THE AWARD OF THE DEGREE

BACHELOR OF ENGINEERING (Information Technology)

SUBMITTED BY

Name:-Avishkar Dipak Satpute Exam No:S190118577

DEPARTMENT OF INFORMATION TECHNOLOGY,

PRAVARA RURAL ENGINEERING COLLEGE,

At/Post: - Loni Bk, Tal: - Rahata, Dist.:- Ahmednagar

SAVITRIBAI PHULE PUNE UNIVERSITY

2023-24

pg. 1
CERTIFICATE

This is to certify that the audit report entitles

“INTELLECTUAL PROPERTY RIGHTS”

Submitted by

Shubhangi Rangnath Sahane Exam No:S190118575

It is a bonafide student of this institute and has satisfactorily presented a audit course under the
guidance of Ms. A. R. Mate for the completion of the audit course.

Ms. A. R. Mate Dr. S. K. Korde


Audit Course Co-ordinator, HOD,
Dept. of Information Technology Dept. of Information Technology

Place : Loni

Date :

pg. ii
VISION AND MISSION OF INSTITUTE

INSTITUTE VISION

Enrich the youth with skills and values to enable them to contribute in the development of
society: nationally and globally.

INSTITUTE MISSION

To provide quality technical education through effective teaching-learning and research to


foster skilled youth with values capable of delivering significant contribution in local to
global development.

DEPARTMENT OF INFORMATION TECHNOLOGY

DEPARTMENT VISION

To provide educational programs that would encourage students to read critically, think
practically, reason analytically, communicate convincingly, apply professionally and prepare
them to excel in the field of computing.

DEPARTMENT MISSION

M1: To enrich students with life skills and technology for self-reliance, problem solving and
decision making in upcoming era of Technology.
M2: Producing competent human resource for industry, and society.
M3: To inculcate professional ethics and make socially responsible engineers.

pg. iii
instructions.

PO11: Project management and finance: Demonstrate knowledge and understanding of


the engineering and management principles and apply these to one’s own work, as a member
and leader in a team, to manage projects and in multidisciplinaryenvironments.
PO12: Life-long learning: Recognize the need for, and have the preparation and abilityto
engage in independent and life-long learning in the broadest context of technological change.

pg. v
PROGRAM EDUCATIONAL OUTCOMES (PEOS)

Graduates would demonstrate ability to,

1. To analyze, design and implement solution in the field of Information


Technology

2. To work effectively as an individual and a team exhibiting leadership qualities tomeet solution
for real life problem.

3. To promote awareness among student graduates towards issues of social relevance and
introduce them to professional ethics and practice.

PROGRAM SPECIFIC OUTCOMES

PSO1: Ability to design and develop computer programs in the areas related to Algorithms,
Web Design, Database, IOT and Networking using problem Solving skills.

PSO2: Ability to apply software engineering principles and practices for software
development using open-ended programming environment and hardware module to deliver
quality product for the industry

pg. xi
COURSE OUTCOME

On completion of the course, learner will be able to –


CO1: Exhibit the concepts of Intellectual Property Rights
CO2: Differentiate among different IPR
CO3: Formulate and characterize innovative ideas and inventions into IPR
CO4: Demonstrate knowledge of advances in patent law and IP regulations

pg. xii
ACKNOWLEDGEMENT

I would like to express special thanks to my Guide Ms. A. R. Mate (Audit Course
Coordinator) for providing me an opportunity to present this topic.

I take the opportunity to thank Dr. S. K. Korde (HOD of Information Technology


Department) and Dr. S. M. Gulhane, (Principal, Pravara Rural Engineering College, Loni
Bk) for extending me a helping hand whenever needed.

I would also like to thank all staff members of Information Technology of Pravara Rural
Engineering College Loni Bk, for their kind co-operation and support, which helped me in
the completion of my seminar.

I would like to extend my gratitude to my family, parents, and friends for their
support and encouragement which helped me greatly in the successful completion of this
seminar.

Shubhangi Rangnath Sahane

pg. xiii
pg. xiv
INDEX

Sr. No. Title of Chapter Page No.

01 Introduction xii

1.1 Patents xiii-xiv


1.2 Trademarks xv
1.3 Copyright and Related right xvi
1.4 Industrial design xvii
1.5 Trade secrets xviii
02 The increasing importance of intellectual property xix
right
03 How to protect intellectual property xx-xxi
3.1 Know what intellectual property you have got xx
3.2 Know where your intellectual property is xx
3.3 Educated employee about intellectual property xxi
3.4 Take a big picture review xxi
04 Advantages xxii
05 Disadvantages xxiii

06 Application xxiv

07 Conclusion xxv
08 References xxvi

pg. xv
LIST OF FIGURES

Figure Illustration Page No.

1.1 Patent xiii


1.2 Trademark xv
1.3 Copyright of books xvi
1.4 Copyright of singing xvi
1.5 Design xvii
1.6 Composition of coco cola xviii
s

pg. xvi
01: INTRODUCTION

Intellectual property (IP) refers to any Intellectual creation of mind. Intellectual Property
laws give people the right to own and profit from their artistic, scientific and
technological creations for a designated period of time. Inventors are granted to a variety
of intangible assets, such as ideas, business methods, inventions, musical piece, literary
work, artistic works, discoveries, words, phrases, symbols, and designs. The primary
objective of an Intellectual Property Rights is to encourage inventions by promoting their
protection and utilization so as to contribute to the development of Industries, which in
turn contributes to the promotion of technological innovation and to the transfer and
dissemination of technology.
[Link] forms Of Intellectual Property
1.1 Patents
1.2 Trademarks
1.3 Copyright and Related right
1.4 Industrial Design
1.5 Trade secrets

pg. xvii
1.1 PATENTS:

Patent is a monopoly right given by the government to an inventor for a period of


twenty years. Once granted, a patent gives the inventor the right to exclude others from
making, using, selling, importing or offering for a sale of the inventor’s invention for the
duration specified in the terms of patent. After twenty years the patent falls under public
domain there after anyone can use the invention without permission from patentee.
Invention can be any new article, composition of matter, machine, process or any new
value addition to the above said. Patents are territorial rights, which means that an
invention is only protected in the countries or regions where patent protection has been
obtained. In other words, if you have not been granted a patent with effect in a given
country, your invention will not be protected in that country enabling anybody else to
make , use, import or sell your invention in that country. Patent right can be shared
whenever there are more than one patentees.

Figure 1.1-Patent

pg. xviii
pg. xix
Patent rights can be :
a) Licensed or sold for a commercial consideration.
b) A right to initiate legal proceedings against infringement.
c)The patentee can commercially exploit its potential without fear of copying or
imitation without the patentee’s permission during the term of [Link]
refers to the technical solution to a technical problem. It may be an innovative
idea or may be in the form of working model or [Link] refers to
the translation of the invention into a marketable product or process.

pg. xx
1.2 TRADEMARKS:

Trademark is a unique sign or indicator used by an individual, business organization or


other legal entity to identify that the products and /or services are offered to the
consumers with which the trademark appears. It would have originated from a unique
source of origin, in order to distinguish its products or valid for services from those of
other entities.

Figure 2-Trademark

A trademark is a sign capable of distinguishing the goods or services of one enterprise


from those of other enterprises. Trademarks date back to ancient times when artisans used
to put their signature or "mark" on their products.

pg. xxi
pg. xxii
1.4 INDUSTRIAL DESIGN:

A design refers to the features of shape, configuration, pattern, ornamentation or


composition of lines or colors applied to any article. A design should be new and original.
The word “article” refers to any article manufactured and any substance, artificial, or
partly artificial and partly natural, and includes any part of an article capable of being
made and sold separately. Design office is located at Kolkata.

Figure 5-Disign

As general rule Industrial Design consists of –


Three-dimensional features, such as the shape of a product,

Two dimensional features such as ornamentation, patterns, lines or color of a product or

A combination of one or more such feature.

pg. xxiii
1.5 TRADE SECRETS:

They are any information that is not generally known, that will give a business
advantage, or is commercially useful. Sometimes they are considered and referred to as
confidential informations. It may be a formula, process, design, device etc.

For example the composition of coco cola is a trade secret.

Figure 6-Composition of coco cola

What qualifies as a trade secret?

In general, to qualify as a trade secret, the information must be:


commercially valuable because it is secret,

be known only to a limited group of persons, and

be subject to reasonable steps taken by the rightful holder of the information to


keep it secret, including the use of confidentiality agreements for business partners
and employees.

pg. xxiv
02: THE INCREASING IMPORTANCE OF INTELLECTAL
PROPERTY RIGHTS

❖ Protecting Intellectual Property Rights

❖ Technology has led to increase awareness about the IP

❖ Some individuals and companies offer only knowledge. Thus, computer


consultant, advertising agencies, Internet companies, and software implementers
sell only brainpower.

❖ Domain names and moving images are also be protected

❖ More than fifty percent of U.S. exports now depend on some form of intellectual
property protection.

❖ The rapidity with which information can be communicated through the Internet
has led to increasing challenges in the field of intellectual property.

❖ The most valuable assets a company owns are its Intellectual property assets

❖ Companies must act aggressively to protect these valuable assets from


infringement (breaching, violation of law) or misuse by others

❖ The field of intellectual property law aims to protect the value of such investments

pg. xxv
pg. xxvi
pg. xxvii
customers. Make sure your contracts with those parties define how
those third parties must secure your IP and have controls in place to
ensure those terms are followed.

3.3Educate employees about intellectual property:


Awareness training can be effective for plugging and preventing IP
leaks, but only if it’s targeted to the information that a specific group of
employees needs to guard. When you talk in specific terms about
something that engineers or scientists have invested a lot of time in,
they’re very attentive. As is often the case, humans are often the
weakest link in the defensive chain. That’s why an IP protection effort
that counts on firewalls and copyrights, but doesn’t also focus on
employee awareness and training, is doomed to fail.

3.4Take a big picture view:


If someone is scanning the internal network and your intrusion
detection system goes off, somebody from IT typically calls the
employee who’s doing the scanning and tells him to stop. The
employee offers a plausible explanation, and that’s the end of it.
Later, the night watchman sees an employee carrying out protected
documents, and his explanation is “Oops…I didn’t realize that got
into my briefcase.” Over time, the human resources group, the audit
group, the individual’s colleagues, and others all notice isolated
incidents, but nobody puts them together and realizes that all these
breaches were perpetrated by the same person. This is why
communication gaps among infosecurity and corporate security
groups can be so harmful. IP protection requires connections and
communication between all the corporate functions. The legal
department has to play a role in IP protection. So does human
resources, IT, R&D, engineering, graphic design and so on.

pg. xxviii
pg. xxix
04 : Advantages:
1. Encouragement of Innovation:
• IPR provides creators with exclusive rights to their creations,
encouraging them to invest time and resources in developing
new ideas, inventions, and creative works.
• This fosters innovation across various fields as creators have the
assurance of protection and potential financial reward for their
efforts.
2. Economic Growth and Competitiveness:
• Strong IPR protection attracts investment by providing a secure
environment for businesses to develop and commercialize their
innovations.
• It enhances competitiveness by allowing companies to profit
from their unique ideas and technologies, thus driving economic
growth.
3. Creation of Jobs and Industries:
• IPR stimulates the growth of industries built around innovation
and creativity, leading to the creation of jobs in research,
development, manufacturing, and distribution.
• It supports the growth of sectors such as technology,
pharmaceuticals, entertainment, and software, among others.
4. Consumer Protection:
• IPR ensures that consumers receive high-quality products and
services by holding creators and manufacturers accountable for
their offerings.
• It helps prevent counterfeit goods, which can be harmful to
consumers and damage the reputation of genuine brands.

pg. xxx
pg. xxxi
05 : Disadvantages:

1. Barriers to Access:
• Strict enforcement of IPR can create barriers to access essential
goods, such as life-saving drugs or vital technologies, especially in
developing countries where affordability is a concern.
• This can limit the availability of crucial innovations to those who
need them most.
2. Stifling Innovation and Creativity:
• Overly broad or restrictive IPR can stifle innovation by limiting the
ability of others to build upon existing ideas or create derivative
works.
• It may lead to legal disputes and hinder the free flow of information
and ideas, particularly in areas like software development and
scientific research.
3. Monopoly Power:
• IPR grants holders a monopoly over their creations for a certain
period, allowing them to control prices and restrict competition.
• This can lead to monopolistic practices, higher prices for consumers,
and a lack of diversity in the marketplace.
4. Complex Legal Framework:
• Understanding and navigating the legal complexities of IPR can be
challenging and costly, particularly for small businesses and
individual creators.
• It may require significant resources to obtain and enforce rights,
which can disproportionately affect those with limited financial
means.
5. Counterfeiting and Piracy:
• Despite IPR protection, counterfeiting and piracy remain significant
challenges, causing financial losses to businesses and undermining
consumer confidence in genuine products.
• Enforcing IPR against counterfeiters and pirates can be difficult,
especially across international borders, leading to ongoing issues of
infringement.

pg. xxxii
pg. xxxiii
06 : Application:
1. Patents:
• Inventions: Patents protect novel and useful inventions, granting the
inventor exclusive rights to make, use, and sell the invention for a limited
period.
• Technological Innovation: Companies apply for patents to protect their
technological advancements, encouraging further research and development
in various industries such as pharmaceuticals, biotechnology, and
engineering.
2. Trademarks:
• Brand Protection: Trademarks safeguard brand names, logos, and symbols,
distinguishing goods and services in the marketplace and preventing
consumer confusion.
• Business Identity: Businesses use trademarks to build brand recognition,
loyalty, and reputation, contributing to their market value and
competitiveness.
3. Copyrights:
• Creative Works: Copyrights protect literary, artistic, and musical works,
including books, films, songs, and software, giving creators exclusive rights
to reproduce, distribute, and perform their works.
• Content Creation: Copyrights encourage the creation and dissemination of
original content by providing creators with incentives and protections
against unauthorized copying or distribution.
4. Trade Secrets:
• Confidential Information: Trade secrets protect valuable business
information, such as formulas, recipes, and manufacturing processes, that
provide a competitive advantage.
• Business Strategies: Companies use trade secret protection to safeguard
their strategic plans, customer lists, and market research from competitors.
5. Industrial Designs:
• Product Appearance: Industrial designs protect the visual features of
products, such as shape, configuration, and ornamentation, enhancing their
aesthetic appeal and commercial value.

pg. xxxiv
pg. xxxv
07 : Conclusion:
Intellectual property rights are monopoly rights that grant temporary privileges
to their holders for the exclusive exploitation of income rights from cultural
expressions and inventions. There must be good reasons for a society to grant
such privileges to some of its individuals, and so proponents of these rights
provide us with three widely accepted justifications to protect today’s inter-
global intellectual property rights.

It is clear that the management of IP and IPR is a multi-disciplinary task and calls
for many different functions and strategies that need to be aligned with national
laws and international treaties and practices. It is no longer fully driven from the
national point of view.

Different forms of IPR demand different treatment, handling, planning and


strategies, and individuals’ engagement with different domain knowledge such as
science, engineering, medicine, law, finance, marketing, and economics. Intellectual
property rights (IPR) have social, economic, technical and political implications.

Leading rapid technology, globalization and fierce competition to protect against


infringement of innovations with the help of IPRs such as patents, trademarks,
service marks, industrial design registrations, copyrights and trade secrets. But
there is still a violation of intellectual property rights. The government is also
taking measures to stop them. There are laws regarding the prevention of
infringement of intellectual property rights.

pg. xxxvi
pg. xxxvii
Government Agencies and Organizations:
United States Patent and Trademark Office (USPTO): Provides extensive
resources on patents, trademarks, and other aspects of intellectual property.
European Patent Office (EPO): Offers information on patents, trademarks,
and designs within the European Union.
World Intellectual Property Organization (WIPO): A specialized agency
of the United Nations, offering global information on intellectual property
rights and policies.
Journals and Publications:
Journals like the Journal of Intellectual Property Law & Practice,
Intellectual Property Quarterly, and Intellectual Property Rights offer
scholarly articles and analysis on various aspects of IPR.
Academic publishers such as Oxford University Press, Cambridge
University Press, and Springer regularly release books and journals
covering intellectual property topics.
Databases and Websites:
Online databases such as LexisNexis, Westlaw, and Bloomberg Law
provide access to legal documents, court cases, and statutes related to
intellectual property law.
08 : Referances:
Legal websites like FindLaw and LegalZoom offer simplified explanations,
1. articles, and resources on intellectual property topics.

2. Academic

3. Legal
pg. xxvi

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