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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
22
LEGAL DEFINTION OF IPR
Intellectual Property Rights arelegal rights, which result fromintellectual activity in industrial,scientific, literary & artistic fields.
33
44
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PATENT
Governed by The Patents Act 1970
Now Patents Act 2005
Came into force on 1 January 2005
66
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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
1
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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.
1818
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
1919
COPYRIGHT INFRINGEMENT
PrimaryInfringement
SecondaryInfringement.
When the exclusive rightsof the author is performedby a party without theconsent of the Author.
When Rights aredistributed afterperformance
2020
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
2425
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 –
2627
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
3130
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.
3230
Adequate Documentation
Security Systems
Businesses must keep atrack of the trade secretsthat are developed andbelongs to them.
Human TechnicalSecurity Security+
3330