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Intellectual Property Rights
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Intellectual Property Rights

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  • 1. INTELLECTUAL PROPERTY RIGHTS
  • 2. » Intellectual property (IP) is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law.
  • 3. MUSICLITERARY ART DISCOVERY INVENTIONSYMBOLDESIGN
  • 4. PATENT INDUSTRIAL TRADEMARK DESIGN RIGHTSCOPYRIGHTS IPR TRADE SECRETS
  • 5. FOR MOST PRODUCTS EVERY FORM OF INTELLECTUAL PROPERTY RIGHTS CAN BE OBTAINED CAMERA―PATENT‖  FOR EVERY INDIVIDUAL IMPROVEDMECHANISM―DESIGN‖  FOR OUTER SHAPE & CONTOUR /CONFIGURATION“TRADE MARK” BRAND NAME OR LOGO FOR GOODS DENOTED AS®―COPY RIGHT‖ FOR INSTRUCTION / MANUALBOOKLET DENOTED AS ©
  • 6. Music played on the CD player isIndustrial design protected byprotection for 3D copyrightshape Various technical parts & mechanisms are subject mater ofBrand name- protectionregistered under under Patentstrademark
  • 7. » Meet international obligations while safeguarding national interests» Modernize; and» Move ahead
  • 8. » THE PATENTS ACT, 1970 • PRODUCT PATENT • PATENT TERM OF 20 YEARS • PUBLIC HEALTH SAFEGUARDS • PROTECTION TO TK» THE TRADE MARKS ACT, 1999 • SERVICE MARKS AND COLLECTIVE MARKS • TERM INCREASED FROM 7 YEARS TO 10 YEARS
  • 9. » THE DESIGNS ACT, 2000» THE GI ACT, 1999» THE COPYRIGHTS ACT, 1957» THE BIO-DIVERSITY ACT, 2001» THE LAYOUTS AND INTEGRATED CIRCUITS ACT
  • 10. » THE PROTECTION YOU RECEIVE IS ONLY» ELECTRICAL JUG FOR THE APPEARANCE OF THE ARTICLE AND NOT HOW IT WORKS. » DESIGN REGISTRATION IS INTENDED TO PROTECT DESIGNS WHICH HAVE AN INDUSTRIAL OR COMMERCIAL USE. » DURATION OF PROTECTION IS INITIALLY FOR 10 YEARS AND EXTENDABLE FOR ANOTHER TERM OF 5 YEARS. » DESIGNS OF STAMPS, LABELS, TOKENS, CARDS, CARTOONS, OR PARTS OF AN ARTICLE NOT SOLD SEPARATELY, CANNOT BE REGISTERED.
  • 11. TRADEMARKS» A TRADE MARK IS ANY SIGN WHICH CAN DISTINGUISH THE GOODS OF ONE TRADER FROM THOSE OF ANOTHER. SIGN INCLUDES, WORDS, LOGOS, PICTURES, OR A COMBINATION OF THESE.•TO REGISTER A TRADE MARK , THE MARK MUST BE:-•DISTINCTIVE, AND, NOT DECEPTIVE, OR CONTRARY TO LAW OR MORALITY, AND, NOTIDENTICAL OR SIMILAR TO ANY EARLIER MARKS FOR THE SAME OR SIMILAR GOODS.•A TRADE MARK IS USED AS A MARKETING TOOL SO THAT CUSTOMERSCAN RECOGNIZE THE PRODUCT OF A PARTICULAR TRADER.
  • 12. TRADEMARKSHOW TO SELECT A TRADE MARK ? 1. A WORD, LETTER OR ANY COMBINATION THEREOF AND SIMPLE IN DESIGN. 2. IF IT IS A WORD IT SHOULD BE EASY TO SPEAK, SPELL AND REMEMBER. 3. THE IDEAL WORD FOR A TRADE MARK IS AN INVENTED OR COINED WORD 4. WORDS WHICH ARE LAUDATORY OR WHICH DIRECTLY DESCRIBES THE CHARACTER OR QUALITY OF THE GOODS SHOULD NOT BE ADOPTED. 5. GEOGRAPHICAL NAMES CONNECTED WITH THE REPUTATION OR QUALITY OF THE GOODS FOR WHICH REGISTRATION IS SOUGHT SHOULD NOT BE ADOPTED.ARE ALL TRADE MARKS REGISTRABLE ?NOT POSSIBLE TO REGISTER A MARK WHICH IS CONFUSING WITH A TRADE MARK OF ANOTHER TRADER OR A TRADE MARK WHICH DESCRIBES THE CHARACTER OR QUALITY OF THE GOODS. THE MARK SHOULD NOT CONFLICT WITH A TRADE MARK ALREADY REGISTERED OR PENDING REGISTRATION IN RESPECT OF SIMILAR GOODS.
  • 13. WHAT IS GIR•An indication used to identify agricultural, natural or manufactured goodsoriginating from a definite territory in India.•It should have a special quality or characteristics or reputation based uponthe climatic or production characteristics unique to the geographical location.•Examples of Geographical Indications in India are Darjeeling Tea,Kanchipuram Silk Saree, Alphonso Mango, Nagpur Orange, Kolhapuri Chappal,Bikaneri Bhujia, etc.•Any association of persons, producers, organization established by or underthe law can apply representing & protecting the interests of the producers.•The registration of a Geographical Indication is for a period of ten years.•Renewal is possible for further periods of 10 years each.•A trade mark is a sign which is used in the course of trade and itdistinguishes goods or services of one enterprise from those of otherenterprises. Whereas a Geographical Indication is used to identify goodshaving special characteristics originating from a definite geographicalterritory.
  • 14. LAW OF PATENTS•PROTECTION PART•ENFORCEMENT PART
  • 15. •CRITERIA FOR PATENTABILITY –NEW & USEFUL –NON-OBVIOUS –CAPABLE OF INDUSTRIAL APPLICATIONS•PATENTS ACT SPECIFIES –WHAT ARE NOT INVENTIONS? –WHAT ARE NOT PATENTABLE INVENTIONS?•HOW TO GET THAT MONOPOLYRIGHT?
  • 16. » OPPOSITION PROCEEDINGS» LICENSING PROVISIONS» INFRINGEMENTS SUIT PROVISIONS
  • 17. IT ENCOURAGES RESEARCH. INDUCES AN INVENTOR TO DISCLOSE HISINVENTIONS INSTEAD OF KEEPING THEM AS SECRET. PROVIDES INDUCEMENT FOR CAPITALINVESTMENT ENCOURAGING TECHNOLOGICALDEVELOPMENT. IT ENCOURAGES ESTABLISHMENT OF NEWINDUSTRIES.
  • 18. •KNOWLEDGE OF INVENTION ADDS TO SCIENTIFIC BACKGROUND FORMING BASE FOR FURTHER RESEACH•REASONABLE ASSURANCE FOR COMMERCIALIZATION•PATENT- OPEN TO PUBLIC FOR USE –AFTER ITS TERM EXPIRES OR –WHEN IT CEASES TO BE IN FORCE
  • 19. INVENTIONINVENTION IS A SUCCESSFUL TECHNICAL SOLUTION TO A TECHNICAL PROBLEM.TO BE GRANTED A PATENT, ANINVENTION MUST BE NEW, NON-OBVIOUS AND CAPABLE OFINDUSTRIAL APPLICATION
  • 20. •Make it public for free use by public(like publishing in thejournal) Or•Work the invention in SECRECY withoutPATENTING it (like coco-cola composition) Or•Work the invention OPENLY without PATENTINGit (directly put it in the market) Or•EXPLOIT the invention on the basis of a PATENT (likeRank Xerox )
  • 21. A patent is a Monopoly Right granted •For an invention •By the government •To the inventor or his assignee •For a limited period •It is valid within the country of grant
  • 22. WHY DO YOU NEED ―PATENT INFORMATION‖•SIZE OF THE RESOURSE –ENORMOUS AND WIDE Everyarea of technology is covered.•80% NOT PUBLISHED ELSEWHERE•FIRST PUBLICATION:Inventions disclosed in patents wellbefore being published in any other type of document Invention Patent published First publication in any formPunched card 1889 1914 Television 1923 1928 Jet engine 1936 1946•EXPIRED PATENTS : FREE USE ;•TO AVOID REDUNDANT RESEACH Use the technologygiven in patent specification as a stepping stone.
  • 23. PATENTS NOT ONLY FOR MAJORTECHNOLOGICAL BREAKTHROUGHSuch As•LAZLO biro‘s - ball point pen•Ring – pull for cans of beverages But even for any small ‗ incremental ‘ inventions•INDIVIDUALS OR Companies-normally do notclearly recognize the TRUE MARKET VALUE for aparticular INVENTION e.g. Anti theft device for motor cars-wheel clamp Tetra pack style of cartons for milk & fruit juice
  • 24. MINISTRY OF COMMERCE MINISTRY OF HUMAN RESOURSE AND INDUSTRY DEVELOPMENT DEPT. OF INDUSTRIAL DEPT. OF EDUCATION POLICY & PROMOTION COPYRIGHT OFFICE CONTROLLER GENERAL OFPATENTS, DESIGNS & TRADE MARKSPATENT TRADE MARKS REGISTAR OFOFFICE REGISTRY COPYRIGHT Sr.JOINT GIR CONTROLLER JOINT OF PATENTS REGISTAR OF AND DESIGNS TRADEMARKS
  • 25. CREATING A CHEAPER AND FAKEVERSION
  • 26. PREVENTING PROGRESS BENEFITTINGHARMING CONCENTRATEDHEALTH INTEREST INTELLECTUAL MONOPOLY
  • 27. SHWET KAMALSHASHANK SHEKHARBHAGAT SINGH BHANDARITARANJEET SINGH