Business Ethics and Laws

1. INTELLECTUAL PROPERTY
RIGHTS
ALIGARH MUSLIM
UNIVERSITY
Presented By:
Mohammad Amir
(15MBAK-76)

2. INTELLECT
 Intellect is an umbrella term used to describe a property of the mind
that encompasses many related abilities such as the capacities to
reason, to plan, to solve problems, to think abstractly, to comprehend
ideas, to use language, and to learn.
KEY ELEMENTS IN INTELLECTUAL:
1. KNOWLEDGE
2. INFORMATION
3. KNOWLEDGE CREATION/GENERATION=>IMAGINATION
KNOWLEDGE+IMAGINATION = INTELLECTUAL
INTELLECT is the IMAGINATION with Reasoning.

3. INTELLECTUAL
An intellectual is one who tries to use his or her Intelligence and
Analytical thinking in either his profession or personal pursuits
Product of the mind creativity is the intellectual property and right to
protect this property is the intellectual Property Right.

4. What is “Intellectual Property”?
Intellectual property (IP) refers to creations of
the mind: inventions, literary and artistic
works, symbols, names, images and designs
used in commerce.
Intellectual Property is a property that arises
from the human intellect. It is a product of
human creation.

5. Why IPR is important?
•Reward original efforts
•Stimulate innovation and creativity
•Prevent duplication of work?
•Commercial value in research?
•Prevent exploitation of workers?
•Technical information for research
& to prevent litigation?
5

6. What is covered?
SYMBOL
DESIGN
DISCOVERY
INVENTION
MUSIC
LITERARY
ART

7. W.I.P.O.
 World Intellectual Property Organization was
established by the WIPO Convention in 1967.
 The WIPO is a specialized agency of the United
Nations.
 It promote the protection of Intellectual Property
throughout the world.
 Its headquarter is in Geneva, Switzerland.

8. World Intellectual Property Day
April 26

9. Types of IPR
IPR
COPYRIGHT
TRADE
MARK
PATENT
Trade
secrets

10. Laws dealing IPR in India
Functional
& Technical
Inventions
Purely
Artistic
works
Symbol, logo,
word, sound,
color, design
Patents Act,
1970
Amended
in 1999 &
2005
Copyright Act,
1957
Amended in1982,
1984, 1992,
1994 & 1999
Trademark
Act, 1999
Amended in
1994, 1996 &
2000

11. 1-PATENT
A patent describes an invention for which the
inventor claims the exclusive right.
INVENTION IS PATENABLE IF.....
New (novel)
Useful
Not obvious
Pertains to patentable subject matter

12. Validity of Patent
Term of the patent is 20 years from the date of
filling for all types of inventions.
Priority date- first to file.
The date of patent is the date of filing the
application for patent.
The term of the patent is counted from this
date.

13. Validity of Patent
Patent rights are essentially territorial in nature.
There is nothing like a global patent or a world
patent.
Granting a patent in one country of the Union
does not force other countries to grant the
patent for the same invention.

14. Getting a patent
STEP- I Provisional Patent Application (PPA)
STEP- II Regular Application (RPA)
STEP- III Keep a careful record of your invention.
STEP- IV Make sure your invention qualities for patient
protection.
STEP- V Assess the commercial potential of your
invention.
STEP- VI Do a through patent search to give detail
information about patent search

15. Filing a patent application
ONLINE MODE:
https://www.ipindiaonline.gov.in/on_line/
OFFLINE MODE:
In Indian Patent Offices located at Delhi,
Mumbai, Kolkata and Chennai.

16. Office Address Territorial Jurisdiction
Delhi Intellectual Property Office,
Intellectual Property Office Building,
Plot No. 32, Sector 14,
Dwarka, New Delhi-110075,
Ph.: 011-28034304, 28034305
E-mail: delhi-patent@nic.in
Haryana, Himachal Pradesh,
Jammu and Kashmir, Punjab,
Rajasthan, Uttar Pradesh,
Uttaranchal, Delhi and
Chandigarh.
Mumbai Intellectual Property Office,
Boudhik Sampada Bhawan, S. M. Road,
Antop Hill, Mumbail - 400 037.
Ph.: 24137701, 24141026, 24150381, E-mail:
mumbai-patent@nic.in
Maharashtra, Gujarat, Madhya
Pradesh, Goa and Chhattisgarh,
Daman and Diu & Dadra and
Nagar Haveli.
Chennai Intellectual Property Office.
Intellectual Property Office Building, GST
Road, Guindy, Chennai -600032.
Ph: 044-22502081-84.
E-mail: chennai-patent@nic.in
Andhra Pradesh, Karnataka,
Kerala, Tamil Nadu, Pondicherry
and Lakshadweep
Kolkata Intellectual Property Office,
Intellectual Property Office Building, Sector-V,
Salt Lake, Kolkata-700091,
Ph.: 23671945, 1946, 1987.
E-mail: kolkata-patent@nic. in
The rest of India.

17. Different patent applications
 FORM- 1: Application for Grant of Patent
 FORM- 2: Provisional / Complete Specification
 FORM- 3: Statement and Undertaking under
Section 8
 FORM- 5: Declaration as to Inventor ship
 FORM- 9: Request for Publication (optional)
 FORM- 10: Request for Examination of
Application for Patent

18. Top Patent Holders
The top 10 patents holders across the world are
IT companies.
In India, only pharmaceutical and bio-tech
companies are in top 10 list.
184 patents are held by the Council of
Scientific and Industrial Research, followed by
Ranbaxy Ltd.

19. Kia Silverbrook is an
Australian inventor,
scientist, and serial
entrepreneur. He has
9,874 patents or patent
applications registered
at the international
patent document
database (INPADOC)
up to 2014.
Top Patent Holder

20. Youngest Patent Holder
A Jaipur based wheel
chair-bound 9 years
old boy named
Hridayeshwar Singh
Bhati has got the
patent of design of a
game of six-player
circular chess.

21. 2-COPYRIGHT
 Copyright is a legal term describing the economic rights
given to creators of literary and artistic works, including the
right to reproduce the work, to make copies, and to perform
or display the work publicly.
Copyright protects arrangements of facts, but it does not
cover newly collected facts as such. Moreover, copyright
does not protect new ideas and processes; they may be
protected, if it all, by patents.

22. Copyright works:
Literary works
Musical works
Dramatic works
Artistic works
Duration: Life of author +50 years

23. Copyright
23
Films
Literary Dramatic Musical Artistic
Sound Recording

24. 3-TRADEMARKS
Trademarks are commercial source indicators, distinctive signs that
identify certain goods or services produced or provided by a specific
person or enterprise.
Trademarks are especially important when consumer and producers
are far away from one author.
Customer able to distinguish product of one manufacturer from that of
other.
Initial registration for 10 yrs and further renewed by payment of fees
for unlimited period.

25. LABEL - PEPSI / COCA COLA
NAME - TATA / BIRLA /
GODREJ/ Reliance
25
Trademark

26. 4-TRADE SECRETS
Trade secrets are classified as any information that may be
used in the operation of a business and that is sufficiently
valuable to afford an actual or potential economic
advantage.
 Trade secret includes:-
Financial Information
Commercial Information
Technical and scientific information

27. Examples of Trade Secrets:
•Like formulas for products, such as the formula for coca-cola.
•Survey methods used by professional pollsters, recipes.
•A new invention for which a patent application has not yet been filed.
•Marketing strategies,manufacturing techniques, and.computer
algorithms.
Advantages of trade secrets:
•It include unlimited duration.
•Lack of legal formalities and requirements.