Intellectual Property Rights In India: Patents Trademarks And Copyrights

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Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.
Let us try and understand the basics of these intellectual property rights, how they can be applied for in India and understand how and why they are litigated so fiercely.

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Intellectual Property Rights In India: Patents Trademarks And Copyrights

  1. 1. Patents, Trademarks And Copyrights JRA & Associates
  2. 2.   Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.  IP is protected in law by, for example, Patents, Trademarks, Copyrights, which enable people to earn recognition from what they invent or create. What is Intellectual Property? JRA & Associates
  3. 3.  Types of Intellectual Property PATENT TRADEMARK TRADE SECRETS INDUSTRIAL PROPERTY COPYRIGHT JRA & Associates
  4. 4.  “The exclusive right given by law for a certain term of years to an author, composer etc. (or his assignee) to print, publish and sell copies of his original work” (Oxford English Dictionary) What is Copyright? JRA & Associates
  5. 5.   Governed by the Copyright Act 1957. Valid from 21 January 1958  Introduced civil and criminal remedies against infringement  Term of copyright depends on nature of work/owner of copyright and whether the work has been published What do you need to know about Copyrights? JRA & Associates
  6. 6.   Original Literary, Dramatic, Musical and Artistic Works, Cinematograph Films, Sound recordings.  Literary Works: Novels, poems, short stories, Books on any subject, Computer programmes, tables, computer databases Song lyrics  Computer Softwares Ambit Of Copyright JRA & Associates
  7. 7. Can you build upon another’s work to create your own original piece?? - No - Rogers Vs. Koons Photographer Art Rogers shot a photograph of a couple holding a line of puppies in a row and sold it for use in greeting cards and similar products. Internationally, renowned artist Jeff Koons ran across Rodgers’ photograph and used it to create a set of statues based on the image. JRA & Associates
  8. 8.  What is a Patent? A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. JRA & Associates
  9. 9.  INVENTION PATENATBLE IF…….  Novelty An invention will be considered novel if it does not form a part of Information appearing in magazines, technical journals, books, newspapers etc. Oral description of the invention in a seminar/conference can also spoil novelty  Inventiveness (Non-obviousness) The invention is not obvious to a person skilled in the art in the light of the prior publication/knowledge/ document.  Usefulness An invention must possess utility for the grant of patent. No valid patent can be granted for an invention devoid of utility. The patent specification should spell out various uses and manner of practicing them, even if considered obvious JRA & Associates
  10. 10.  Implications of getting a patent Once invention is safeguarded by Patent, it cannot be commercially made, used, distributed or sold without the consent of the patent owner or patentee. The patent owner has the right to decide who may or may not use the patented invention during the period of protection of the invention. JRA & Associates
  11. 11.  How patent is Important in our Industrial practice?  Patents provide incentives to the individuals. In particular, the inventors deserve recognition for their creativity and material reward for their marketable inventions.  The incentives encourage innovation, which ensures that the quality of human life is enhanced.  Protection stimulates research, which results in technological development.  It enables the inventor (s) to recoup their investment for the money and time spent developing the ideas in Research and Development.  The use of patent documents enables future researchers not to re- invent the wheel. JRA & Associates
  12. 12.  What is Trademark?  A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.  A trademark helps consumers to identify and choose between products/services based on their reputation and quality. Coca-Cola registered since 1887 Nike registered since 1971 JRA & Associates
  13. 13.  Trademark Different types of Trademarks - Shape Name Slogan Symbol Colour Logotype JRA & Associates
  14. 14.  WHY REGISTRATION OF TRADEMARK IS IMPORTANT?  Exclusive legal right on your business name  Protects your business name and gives remedy in the court in case of any infringement  A sound name in the market in the eye of a general public  Creates a face value among competitors  Gives a legal recognition to your business  ‘Monopoly’ business name or brand name JRA & Associates

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