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Intellectual Property Rights: Presented By: Saurabh Anand M.Tech CSE 1 Year

This document provides an overview of intellectual property rights in India. It discusses the major types of intellectual property including copyrights, patents, industrial designs, trademarks, geographical indications, integrated circuit layout designs, and trade secrets. It describes the basic definitions and requirements for obtaining each type of intellectual property protection according to Indian law. The key government agencies responsible for intellectual property rights in India are also identified. Licensing and technology transfer are introduced as important applications of intellectual property rights.

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Ila Mehrotra Anand
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475 views39 pages

Intellectual Property Rights: Presented By: Saurabh Anand M.Tech CSE 1 Year

This document provides an overview of intellectual property rights in India. It discusses the major types of intellectual property including copyrights, patents, industrial designs, trademarks, geographical indications, integrated circuit layout designs, and trade secrets. It describes the basic definitions and requirements for obtaining each type of intellectual property protection according to Indian law. The key government agencies responsible for intellectual property rights in India are also identified. Licensing and technology transfer are introduced as important applications of intellectual property rights.

Uploaded by

Ila Mehrotra Anand
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
You are on page 1/ 39

Intellectual Property Rights

Presented by:
Saurabh Anand
M.Tech CSE 1st Year

Objective

To give a general introduction to the concept of Intellectual Property


Rights and Their Role in Technology Transfer

INTRODUCTION

Kinds of Property

Movable Property

Immovable Property

Land, Building

Intellectual Property

Car, Pen, Furniture, Dress

Literary works, inventions

Nature of Intellectual
Property

Creation of human mind (Intellect)

Intangible property

Time-bound

Territorial

Definition of Intellectual
Property
Intellectual Property shall include the rights relating to
literary, artistic and scientific works,
performances of performing artists and broadcasts,
inventions in all fields
scientific discoveries
Industrial designs
trademarks, service marks and commercial names and
designations
protection against unfair competition
and all other rights resulting from intellectual activity in the
industrial, scientific, literary or artistic fields.
(WIPO Convention)
6

Major Intellectual
Properties

Copyright and Related Rights


Patents
Industrial Designs
Trade Marks
Geographical Indications
Layout Designs/Topographies Integrated
Circuits
Trade Secrets

IP Laws of India

Act

Ministry/Department

The Copyright Act, 1957

Higher Education

The Patents Act, 1970

Industrial Policy & Promotion

The Designs Act, 2000

Industrial Policy & Promotion

The Trade Marks Act, 1999

Industrial Policy & Promotion

The Geographical Indications of Goods


(Registration and Protection) Act, 1999

Industrial Policy & Promotion

The Semiconductor Integrated Circuits LayoutDesign Act, 2000

Information Technology

The Protection of Plant Varieties and Farmers


Rights Act, 2001

Agriculture and Cooperation

COPYRIGHT AND
RELATED RIGHTS

Copyright: Meaning
and scope

10

Copyright is a legal term describing rights given


to creators for their literary and artistic works.

Original Literary, Dramatic, Musical and Artistic


Works

Work: Ideas expressed in material form

No copyright in ideas or facts

Cinematograph Films

Sound Recordings

Registering of a
copyright

Registering a copyright provides evidence that copyright subsists


in the work & creator is the owner of the work.

Creators often sell the rights to their works to individuals or


companies best able to market the works in return for payment.
These payments are referred to as royalties.

These economic rights have a time limit, (other than photographs)


is for life of author plus sixty years after creators death.

11

PATENTS

12

What is a PATENT?
A patent is an exclusive right granted for an invention, which is a
product or a process that provides a new way of doing something,
or offers a new technical solution to a problem
The limited monopoly right granted by the state enables an
inventor to prohibit another person from manufacturing, using or
selling the patented product or from using the patented process,
without permission.
Period of Patents - 20 Years

13

WHAT CAN BE PATENTED?


Inventions in all fields of technology, whether products or
processes, if they meet the criteria of

14

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 be obvious to a person with


ordinary skill in the art

Industrial Application: Invention can be made or used in any


useful, practical activity as distinct from purely intellectual or
aesthetic one

15

Grant of Patent

16

Patents are granted by national patent offices after publication


and substantial examination of the applications

In India provisions exist for pre-grant and post grant opposition


by others

They are valid within the territorial limits of the country

Foreigners can also apply for patents

INVENTIONS NOT
PATENTABLE
An Invention Which is frivolous or which claims anything
obviously contrary to the well established Natural Laws e.g.

17

Machine giving more than 100% performance

A machine whose primary or intended use or commercial


exploitation of
which could be contrary to Public order or
morality or which causes serious prejudice to human, animal
or plant life or health or to the environment :
Gambling machine
device for house-breaking
Biological warfare material or device
embryonic stem cell

INDUSTRIAL
DESIGNS

18

What is an Industrial
Design?
Design means only the

features of shape, configuration,

pattern,

Ornament

composition of lines or colours


applied to any article whether in two dimensional or three
dimensional or in both forms.

19

Consumer Products

20

Rights of the Registered


Proprietor

21

The proprietor of the registered design has the exclusive right


to apply the design to any article in the class in which the
design is registered

Period of protection is ten years extendable by 5 years.

What is not
registrable?

22

A design which is not new or original

A design which has been disclosed to the public


anywhere in the world prior to the filing

A design which is not significantly distinguishable from


known designs or combination of known designs

A design which comprises or contains scandalous or


obscene matter

A design which is contrary to public order or morality

TRADE MARKS

23

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 e. g., LUX, Godrej, TVS ,Telco, 555, APPLE

Trade Mark can be o sign , words, letters, numbers,


o drawings, pictures, emblem,
o colours or combination of colours,
o shape of goods,
o graphic representation or packaging or
o any combination of the above
as applied to an article or a product.

24

Registration of Trade
Mark

25

Trade Marks are registered by national trade


mark registries and are valid in that country

Registration is made after examination and


publication

Period of registration is for 10 years but can


be renewed indefinitely

Kinds of Trademarks

26

Marks on goods

Service Marks

Certification trademark

Collective Marks

Well known marks

Trade Names

WELLKNOWN

MARKS

Coca Cola for soft drink


Toblerone (Triangularshaped chocolates)

Trade Names
Godrej- Furniture, Refrigerators, Storewell, Compactor etc

GE- Bulbs

27

GEOGRAPHICAL
INDICATIONS OF
GOODS
28

What is a
Geographical
Indication?

Geographical Indication is an indication which identifies goods


as

agricultural goods

natural goods

manufactured goods
as originating, or manufactured in the territory of country, or
a region or locality in that territory, where a given quality,
reputation or other characteristic of such goods is essentially
attributable to its geographical origin.

29

Contd

30

Explanation clarifies that GI need not be a geographical


name

eg. BASMATI RICE, DARJELLING TEA, AGRA PETHA,


BIKANER BUJIA AND SCOTCH WHISKY etc.

Registration

In India, geographical indications have to be registered.

Geographical
Indications
Registry
examines
publishes the application before registration

Registration is valid for 10 years but can be renewed


indefinitely

31

and

SEMICONDUCTOR
INTEGRATED
CIRCUITS LAYOUTDESIGN
32

Protectable Layout
Designs?

Original and novel Layout-Designs of semiconductor integrated


circuits can get protection through registration

Registration is done after examination and publication of the


application

Registration is valid for 10 years

33

TRADE SECRETS

34

Trade Secrets

Some inventions, data, information cannot be protected by any


of the available means of IPRs. Such information is held
confidential as a trade secret.

Trade secret can be an invention, idea, survey


method,manufacturing process, experiment results, chemical
formula, recipe, financial strategy, client database etc.

35

IPR LICENSING AND


TECHNOLOGY
TRANSFER
36

Licensing of an IP

37

Licence is a permission granted by an IP owner to


another person to use the IP on agreed terms and
conditions, while he continues to retain ownership of
the IP

Licensing creates an income source

It establishes a legal framework for transfer of


technology to a wider group of researchers and
engineers

Creates market presence for the technology or


trademark

References

http://ipindia.nic.in/ipr/patent/patents.htm

http://copyright.gov.in/

http://ipindia.nic.in/ipr/design/designs.htm

http://mit.gov.in/default.aspx?id=322

http://.wipo.int

38
`

http://www.tifac.org.in/do/pfc/pfc.htm

http://www.nii.res.in/patentind.html

http://indianpatents.org.in

THANK YOU

39

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