Intellectual property right

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Creation of Human Mind

Scientific, industrial,Literary, artistic domains

In the form of invention,Manuscript, software, a business name

To control use of the same properties

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LEGAL DEFINTION OF IPR

Intellectual Property Rights arelegal rights, which result fromintellectual activity in industrial,scientific, literary & artistic fields.

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PATENT

Governed by The Patents Act 1970

Now Patents Act 2005

Came into force on 1 January 2005

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PARTS OF DEFINTION

An exclusive right

Granted for an invention

Minimum time of 20 years

Provides a new way of doingsomething or offers a newtechnical solution to a problem

Bringing a NEW

Idea

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CONDITIONS FOR AN INVENTION TO BE PATENTABLE

Novelty

Inventiveness

Usefulness

No prior disclosure of anyinformation before thefilling date

The feeling should not bethere that the Practitionercan’t even think of that idea

The invention Must have some future utility

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INVENTIONS WHICH ARE PATENTABLE

Art, process, manner or method of manufacture

Machine, apparatus or any other articles

Substances produced by manufacturer, whichinclude any new and useful improvements ofany 1 of them or

An alleged invention.

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INVENTIONS WHICH ARE PATENTABLE

Inventions against morality or injurious to health.

Mere discovery of a scientific principle.

A method for agriculture or horticulture

Inventions relating to atomic energy

Any new substance obtained by mere admixture

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ESSENTIAL DOCUMENTS TO BE SUBMITTED IN THE PROCESS OF PATENTING

ProvisionalSpecification

Necessary Specification

Filed to establish the priority in the invention

Patent is not granted here

Time for Provisional Specification12 months

+ 3 months

grace period

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CONTENTS

Field of invention

Background including drawbacks

Description along with experimental results

Drawings etc. for understanding

Claims which prove the legal proprietorship of the invention

2Complete or

Final Specification

Mandatory to be

filed within

12 months

after

the Provisional

specification

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WHERE TO APPLY ???

PATENT OFFICES IN

INDIA

DELHI MUMBAI CHENNAI KOLKATA(Head Office)

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HOW TO APPLY

overruledAccepted

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Generally Copyright is a protection whichprotects the original creative expression ofan idea

Sufficient amount oflabor, judgement, capitaland skill of the actualcreator

LAST AMENDED IN 1999

The copyright act 1957

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NECESSARY CONDITIONS FOR COPYRIGHT PROTECTION

It is recorded in some form e.g. in writing, by a sound recording, on a computer disk or in a printed form.

Must meet the requisite degree of originality

If it is of a type protected under the copyright protection.

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WORKS PROTECTED BY COPYRIGHT

Original Literary, dramatic, musical and artistic works.

Sounds recording, films or broadcasts

Typographical arrangements of published editions.

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DURATION OF COPYRIGHTS

Literary, dramatic, musical and artistic works

Computer Generated Works

Sound Recordings

Broadcasts

Life of the author +

70 Years

50 Years

50 Years

50 Years

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COPYRIGHT INFRINGEMENT

PrimaryInfringement

SecondaryInfringement.

When the exclusive rightsof the author is performedby a party without theconsent of the Author.

When Rights aredistributed afterperformance

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TRADEMARKS

Sign or combination of signscapable of distinguishing aparticular Good or service

(INDIAN TRADEMARKS ACT 1999)

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To distinguish the products or services ofone enterprise from those of other enterprises

Trademarks distinguish products or servicesfrom one source, from identical or similarproducts or services from other sources

Guarantee function of trademarks refers to aparticular quality of the product or service forwhich it is used

Appeal function creates interest and inspire afeeling of confidence of the customers.

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PLANT BREEDERS RIGHTS

New Plant Variety Protection Act in 2001

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DEFINTION

Rights granted to the breeder of a new plant that give him the exclusive control over the

propagating material and

harvested material

of a new variety for a number of years.

Seed, cuttings,divisions, tissueculture

Cut flowers, fruit, foliage

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An industrial design right is anintellectual property right that protectsthe visual design of objects that are notpurely utilitarian.

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Creation of a shape

Configuration or composition of pattern

Colour or combination of pattern

Colour in three dimensional form containing aesthetic value

An industrial designcan be a two- orthree-dimensionalpattern used toproduce a product,industrial commodityor handicraft.

Industrial Design consists of –

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GEOGRAPHICAL INDICATIONS

A Geographical Indication (GI) is a name or signused on certain products which corresponds to aspecific geographical location or origin (e.g. atown, region, or country)

Darjeeling Tea became the first GItagged product in India, in 2004-05,since then by September 2010

(Geographical Indication Of Goods Act 2000)

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Such identification enables the product togain reputation and goodwill all over theworld

Preventing an unauthorized use of thecommodity registered as GI by any thirdparty.

Helps in proper distribution of the economicbenefits.

SIGNIFICANCE OF GEOGRAPHICAL INDICATION REGISTRATION

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A trade secret refers to data or informationrelating to the business which is notgenerally known to the public and which theowner reasonably attempts to keep secretand confidential

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CRITERIAS FOR TRADE SECRETS

It must not be generally known or readily accessibleby people who normally deal with such type ofinformation

It must have commercial value as a secret

The lawful owner must take reasonable stepsto keep it secret

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EXAMPLES

• CUSTOMER LISTS

• BUSINESS INFORMATION

• EMPLOYEE DETAILS

• FINANCIAL RECORDS

• DATA COMPILATIONS

• BUSINESS PLANS AND STRATEGIES

• FORMULAE

• DESIGNS

• DRAWINGS

• ALGORITHMS

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Employment Agreement

Trade Secret Policy

Non-disclosure Agreements (NDAs)

TOOLS TO PROTECT TRADE SECRETS

Suitable confidentiality, non--disclosure in agreements withemployees.

Employees must be informedsign an acknowledgement to that

Businesses can also enter intoNDAs with 3rd parties whilediscussing any business prospectsand ventures.

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Adequate Documentation

Security Systems

Businesses must keep atrack of the trade secretsthat are developed andbelongs to them.

Human TechnicalSecurity Security+

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