A Beginners guide to IPR

1. SLIDES BY:
Abhishikth Sandeep.A.

3. INTELLECTUAL PROPERTY (IP) REFERS TO THE OWNERSHIP OF
AN IDEA OR DESIGN BY THE PERSON WHO CAME UP WITH IT. IT IS A TERM
USED IN PROPERTY LAW. IT GIVES A PERSON CERTAIN
EXCLUSIVE RIGHTS TO A DISTINCT TYPE OF CREATIVE DESIGN,[1] MEANING
THAT NOBODY ELSE CAN COPY OR REUSE THAT CREATION WITHOUT THE
OWNER'S PERMISSION. IT CAN BE APPLIED
TO MUSICAL, LITERARY AND ARTISTIC WORKS, DISCOVERIES
AND INVENTIONS. COMMON TYPES OF INTELLECTUAL PROPERTY RIGHTS
INCLUDE COPYRIGHTS, TRADEMARKS, PATENTS, INDUSTRIAL DESIGN
RIGHTS AND TRADE SECRETS.

4.  (IP) IS A BUNDLE OF EXCLUSIVE RIGHTS OUR CREATIONS OF THE
MIND BOTH ARTISTIC AND COMMERCIAL.
 1)ARTISTIC OR CREATIVE PROPERTIES: It gives the copyright holder
exclusive rights to control reproduction or adaptation of works for a
certain period of time. They are creator of literary works and are
protected by copyrights law
 E.g.: books,movies,music,paintings,photographs and software .
 2) INDUSTRIAL PROPERTIES: These property are typically created
and used for industrial or commercial purposes. A patent may be
granted for a new, useful, non-obvious invention and gives the patent
holder a right to prevent others from practicing the invention without a
license from the inventor for a certain period of time. A trademark is a
distinctive design which is used to prevent confusion among products in
the marketplace.An industrial design right protects the form of
appearance, style or design of an industrial object from infringement.
 E.g.: patents,inventions,trademarks,industrial designs and trade secrets.

5.  THE PATENT ACT ,1970 DEFINES THE PATENT AS:
 “A PATENT FOR ANY INVENTION GRANTED
UNDER THIS ACT.”
 THE TERM ‘INVENTION’ MEANS “A NEW
PRODUCT OR PROCESS INVOLVING AN
INTENSIVE STEP CAPABLE OF INDUSTRIAL
APPLICATION.”

6.  A patent gives an inventor the right to stop other people
making or using their invention. If someone makes or uses
that invention without being allowed to, the inventor can
sue that person in court to make them stop. The inventor
can sell the patent to another person or company.
 A patent lasts for up to 20 years. After that, anyone can
copy the invention.
 Each country has its own patents. China gives Chinese
patents. India gives Indian patents. The United States gives
United States patents.

7.  THE TRADEMARKS ACT,1999 DEFINES THE
TERM TRADE MARK AS UNDER
 “A MARK CAPABLE OF BEING
REPRESENTED GRAPHICALLY AND
WHICH IS CAPABLE OF DISTINGUISHING
THE GOODS OR SERVICES OF ONE PERSON
FROM THOSE OF OTHERS AND MAY
INCLUDE SHAPE OF GOODS,THEIR
PACKING AND COMBINATION OF
COLOUR ETC”

8. MEANING OF
TRADEMARKS
 A trademark, trade mark, or trade-mark is a
recognizable sign, design or expression which
identifies products or services of a particular source
from those of others. The trademark owner can be
an individual, business organization, or any legal
entity. A trademark may be located on a package,
a label, a voucher or on the product itself. For the
sake of corporate identity trademarks are also
being displayed on company buildings.

9.  THE COPYRIGHT ACT,1957,DEFINES THE
COPYRIGHT AS UNDER
 “THE EXCLUSIVE RIGHT TO DO OR
AUTHORIZE THE DOING OF A WORK”
 EG:
 1)TO MAKE ANY TRANSLATION OF THE
WORK
 2) TO INCLUDE THE WORK IN ANY
CINEMATIGRAPHY FILM
COPYRIGHTS

10.  According to industrial Design Act,2000,an
industrial design consist of the creation of a
shape, configuration or composition of
pattern or color, or combination of pattern
and color in three dimensional form
containing aesthetic value.

11.  Such property includes literary works
comprising of pros or poetic, original and
expressive compositions which entitle the
author to the exclusive use and profit thereof
with no interest vested in any other individual
 E.g. : computer programs, tables and
compilations including computer literary
databases.