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INTELLECTUAL
PROPERTY RIGHTS
Muhammad Usama
BCSF16E024
Contents
 Introduction
 Intellectual Property Rights
 Patent
 Trademarks
 Copyrights
 Trade Secretes
Introduction
The 21'st century was termed as the century of knowledge. However, merely
having the knowledge is not enough, the protection of that knowledge and conversion
of that knowledge in to profit are important for the survival of any high-tech business
and economy. Intellectual property rights laws provide exclusivity, patent term
restoration, a patent extension under various condition unmatched by any other
industry.
What is meant by Intellectual Property Rights?
Intellectual Property: IP is any creation of human mind. It is term referring to a number
of distinct types of creations of the mind for which property rights are recognized.
Intellectual Property Rights
 Intellectual Property Rights (IPR) are the statutory rights once granted allows the
creator(s) or owner(s) of the intellectual property to exclude others from exploiting
the same commercially for a given period of time
 It allows the creator(s)/owner(s) to have benefits from their work when these are
exploited commercially.
 IPR are granted to an inventor or creator in lieu of the discloser of his/her
knowledge
Patents
Designed by Thomas Jefferson in 1790 to provide a brief monopoly to give the inventor an
opportunity to get invention into the market
A patent is an exclusive right granted for an invention, which is a product or a process that
provides a new way doing something, or offer a new technical solution to a problem. It provides
protection for the invention to the owner of the patent.
The protection is granted for a limited period i.e. 20 years.
Patent protection means that the invention cannot be commercially made, used, distributed or
sold without the patent’s owner’s content. A patent owner has right to decide who may – or
may not – use the patented invention for the period in which the invention is protected.
Rights Do Patent Owner Have?
A patent owner has right to decide who may or may not use the patented invention for the
period during which it is protected. Patent owners may give permission to , or license, other
parties to use their inventions on mutually agreed terms.
The owner may also sell the right to the invention to someone else, who will then become the
new owner of the patent.
Once a patent expires, the protection ends, and an invention enters the public domain that is
the owner no longer holds exclusive rights to the invention, which becomes available to
commercial exploitation by others.
What can be patented?
Product, Process, Machine, Manufacture, composition of Matter.
Trademarks
It is covered under the Act called the Trade Marks Act, 1999
The Act came into effect on September 15, 2003. It replaced the Trade and Merchandise Marks Act,
1958.
Definition:
A trademark is a distinctive sign that identifies certain goods or services produced or provided by an
individual or a company. Represented graphically which is capable of distinguishing goods or services.
A trademark may, in particular consists of words (Including personal names), designs, letters, the shape
of goods or their packing.
A symbol, logo, word, sound, color, design, or other device that is used to identify a business or a
product in commerce.
Different Trademarks Symbols are:
™ Intent to use application filed for product
SM Intent to use application filed for services
® Registered trademark. The notion ® may be used for the trademark only
if it is federally registered.
Essential features of a trademark
• It must be a mark, brand, heading, name, label, signature or numerical shape of goods,
packaging, or combination of these.
• It must be capable of being represented graphically
• It must be capable of distinguishing the goods or services of one person from those of
others.
• The use must be of a printed or other visual representation of the mark.
Duration of Trademarks:
• Trademark is valid for 10 years from the date of application which may be renewed for further
period of 10 years on payment of prescribed fees
• Service mark Rights are reserved exclusively for owners for 17 year & it can also be renewed.
Copyrights
Meaning : It is a right which Grants protection to the unique expression of Ideas.
It is a legal term used to describe the rights that creators have over their literary and artistic
works.
Works covered by copyright range from books, music, paintings, and film to computer programs,
databases, advertisements, maps and technical drawings.
The term original in the copyright law means that the work originated with the author.
Copyright law protects the expression of an idea. Not the idea itself.
Permission is needed to reproduce the copyrighted material. Use proper marking for your
copyright
What is covered by copyrights?
• Films
• Musical
• Sound Recording
• Artistic
• Literary
• Dramatic
What is not covered by Copyrights?
• Ideas
• Facts
• Recipes
• Works lacking originality
• Names, titles or short phrases
Trade secrets
Trade secret is any intellectual work or product used for a business purpose that can
be classified as belonging to that business provided it is not based on information in
public domain.
These include sales methods, distribution method, consumer profiles, and advertising
strategies, list of suppliers and clients and manufacturing processes.
A trade secret can be protected for an unlimited period of time but a substantial
element of secrecy must exist, so that, except by the use of improper means, there
would be difficulty in acquiring the information.
Consider the vast availability of traditional knowledge in country the protection under
this will be very crucial in reaping benefits from such type of knowledge.
Intellectual property rights

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Intellectual property rights

  • 2. Contents  Introduction  Intellectual Property Rights  Patent  Trademarks  Copyrights  Trade Secretes
  • 3. Introduction The 21'st century was termed as the century of knowledge. However, merely having the knowledge is not enough, the protection of that knowledge and conversion of that knowledge in to profit are important for the survival of any high-tech business and economy. Intellectual property rights laws provide exclusivity, patent term restoration, a patent extension under various condition unmatched by any other industry.
  • 4. What is meant by Intellectual Property Rights? Intellectual Property: IP is any creation of human mind. It is term referring to a number of distinct types of creations of the mind for which property rights are recognized. Intellectual Property Rights  Intellectual Property Rights (IPR) are the statutory rights once granted allows the creator(s) or owner(s) of the intellectual property to exclude others from exploiting the same commercially for a given period of time  It allows the creator(s)/owner(s) to have benefits from their work when these are exploited commercially.  IPR are granted to an inventor or creator in lieu of the discloser of his/her knowledge
  • 5.
  • 6. Patents Designed by Thomas Jefferson in 1790 to provide a brief monopoly to give the inventor an opportunity to get invention into the market A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way doing something, or offer a new technical solution to a problem. It provides protection for the invention to the owner of the patent. The protection is granted for a limited period i.e. 20 years. Patent protection means that the invention cannot be commercially made, used, distributed or sold without the patent’s owner’s content. A patent owner has right to decide who may – or may not – use the patented invention for the period in which the invention is protected.
  • 7. Rights Do Patent Owner Have? A patent owner has right to decide who may or may not use the patented invention for the period during which it is protected. Patent owners may give permission to , or license, other parties to use their inventions on mutually agreed terms. The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent. Once a patent expires, the protection ends, and an invention enters the public domain that is the owner no longer holds exclusive rights to the invention, which becomes available to commercial exploitation by others. What can be patented? Product, Process, Machine, Manufacture, composition of Matter.
  • 8. Trademarks It is covered under the Act called the Trade Marks Act, 1999 The Act came into effect on September 15, 2003. It replaced the Trade and Merchandise Marks Act, 1958. Definition: A trademark is a distinctive sign that identifies certain goods or services produced or provided by an individual or a company. Represented graphically which is capable of distinguishing goods or services. A trademark may, in particular consists of words (Including personal names), designs, letters, the shape of goods or their packing. A symbol, logo, word, sound, color, design, or other device that is used to identify a business or a product in commerce. Different Trademarks Symbols are: ™ Intent to use application filed for product SM Intent to use application filed for services ® Registered trademark. The notion ® may be used for the trademark only if it is federally registered.
  • 9. Essential features of a trademark • It must be a mark, brand, heading, name, label, signature or numerical shape of goods, packaging, or combination of these. • It must be capable of being represented graphically • It must be capable of distinguishing the goods or services of one person from those of others. • The use must be of a printed or other visual representation of the mark.
  • 10. Duration of Trademarks: • Trademark is valid for 10 years from the date of application which may be renewed for further period of 10 years on payment of prescribed fees • Service mark Rights are reserved exclusively for owners for 17 year & it can also be renewed.
  • 11. Copyrights Meaning : It is a right which Grants protection to the unique expression of Ideas. It is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, and film to computer programs, databases, advertisements, maps and technical drawings. The term original in the copyright law means that the work originated with the author. Copyright law protects the expression of an idea. Not the idea itself. Permission is needed to reproduce the copyrighted material. Use proper marking for your copyright
  • 12. What is covered by copyrights? • Films • Musical • Sound Recording • Artistic • Literary • Dramatic
  • 13. What is not covered by Copyrights? • Ideas • Facts • Recipes • Works lacking originality • Names, titles or short phrases
  • 14. Trade secrets Trade secret is any intellectual work or product used for a business purpose that can be classified as belonging to that business provided it is not based on information in public domain. These include sales methods, distribution method, consumer profiles, and advertising strategies, list of suppliers and clients and manufacturing processes. A trade secret can be protected for an unlimited period of time but a substantial element of secrecy must exist, so that, except by the use of improper means, there would be difficulty in acquiring the information. Consider the vast availability of traditional knowledge in country the protection under this will be very crucial in reaping benefits from such type of knowledge.

Editor's Notes

  1. NOTE: To change the image on this slide, select the picture and delete it. Then click the Pictures icon in the placeholder to insert your own image.