iNTELLECTUAL PROPERTY RIGHTS

1. Unit II Intellectual Property Right
by Ms Sapna Gandhi

2. Intellectual Property
• 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.
• It refers to legal ownership of Intellectual property
by a person or business of an invention, discovery
related to the particular product or processes for
the protection of the owner against unauthorized
copying or limitations. However IPR is limited in
terms of duration, scope and geographical extent

3. • IP is protected in law by, for
example, patents, copyright and trademark
s, which enable people to earn recognition
or financial benefit from what they invent
or create.

5. Nature of IPR
Intangible
Rights over
Tangible
Property
Right to sue
Rights and
Duties
Coexistence of
different rights
Dynamism
Exhaustion of
rights

6. IP as intangible property

7. Types of Intellectual Property
Types of
Intellectual
Property
Industrial
Property
Patent Design Trademark
Geographical
Indication
Non-
Industrial
Property
Copyright

8. Geographical Indication
• It is a name or sign used on certain products which
corresponds to a geographic location or origin of the product,
the use of geographical location may act as a certification that
the product possesses certain qualities as per the traditional
method. Darjeeling tea and basmati rice are a common
example of geographical indication.

9. Industrial Designs
• This includes the design of consumer
products, packaging, electronics,
appliances, furniture, vehicles, home
products, sports equipment, tools, medical
devices, cosmetics and other products that
are manufactured at scale.

10. Plant Variety
• Plant variety protection provides legal
protection of a plant variety to a breeder in
the form of Plant Breeder's Rights (PBRs).
PBRs are intellectual property rights that
provide exclusive rights to a breeder of the
registered variety.

11. Need of IPR
• Encourages Culture
• Economic Growth
• Safeguard the right of Creators
• Promotes innovation and creativity.
• Transfer of technology

12. IP as a property
• Can be sold
• Can be bought
• Can be lease or rent
• Can pass under a will
• Can be assigned

13. INTRODUCTION
Page
• Patent is an exclusive right given by a country to
the owner of an invention to make, use,
manufacturing and market the invention.
provided the invention satisfied.
• Exclusive right implies that no one else can
make, use, manufacture or market the invention
without the consent of the patent holder.

14. • Patents are granted by a government for a
novel invention for a limited period of time.
The patent gives the inventor exclusive rights
to the invention and prevents others from
making, using or selling the invention without
the permission of the inventor.
• The law relating to patents in India is governed
by Indian Patents Act,

15. Importance
encourages
innovation
right to control
the exploitation
companies
recoup research
and development
costs
encourage
creative problem-
solving
rewards
inventors
encourages
knowledge
sharing
promotes
economic growth
and development

16. CHARACTERISTICS OF
PATENT
Page
1 Invention must be “NEW”-Invention
must never have been made public in
anyway, anywhere before the date on
which the application for a patent is filled.
2 An invention must involved an
“Invention Steps”- The invention must be
non-obvious to person skilled in that
particular art, ie, it must not follow plainly
or logically from what is already known.

17. 3- Invention must be having “Industrial
Application”- For the patentable , the
invention has to be capable of industrial
application.
• It can be used in an industry.
• It may include any useful , practical
activity as district from purely intellectual
or aesthetic activity.
4- Invention must not be excluded.
Page

18. NOT PATENTABLE MATTERS
• An invention, whose use could be contrary to the
public order or morality or which causes serious
prejudice to human, animal or plant life or health or to
the environment. For example, a new type of gambling
machine.
• Inventions relating to atomic energy because the
Central Government has the sole responsibility for the
development of atomic energy.

19. • Discovery of any living thing or non-living
substances or objects occurring in nature.
• A substance obtained by a mere admixture of
the components, or a process of producing such
mixture.
• Mere arrangement or rearrangement or
duplication of known devices.
• An invention which in effect is traditional
knowledge.
• A mathematical or business method or a
computer programme.

20. • A method of agriculture or horticulture.
• Any process for the medicinal, surgical, curative,
prophylactic, diagnostic, therapeutic or other treatment of
human beings and animals.
• Plants and animals in whole or part thereof other than
micro-organisms.
• Seeds and biological processes for production of plants
and animals.
• A literary dramatic, musical or artistic work including
cinematographic work and television productions.

21. Patent
registration
process
in
India
Ensuring the invention's
patentability by
conducting a search
Drafting the patent
application
Filing the patent
application in India
Publication of the patent
application
Examining the patent
application
Grant of patent
Renewing of patent

23. Trademark
• A Symbol , word or words legally
registered or established by use as
representing a company or product.

24. • A Trademark is any mark which is distinctive i.e. capable of distinguishing
goods and services of one undertaking from goods and services of one
undertaking from another, and capable of being represented graphically.
• Any distinctive Word, Letter, Numeral, Slogan, Picture, Shape, Colour,
Logotype, Label, Name, Signature, Shape of Goods, Packaging,
Combination of Colours, which is capable of being represented graphically
and which is capable of distinguishing the goods or services of one person
from those of others, can be registered as a trademark
• Even Sounds and smell can also be trademarked.

25. TYPES
Word marks Device marks
Collective
Marks
Service Marks
Certification
Marks
Well-known
marks
Unconventional
Trademarks

26. Importance Of Registration of A Trademark
• Only a registered trademark can file an infringement suit against any third
party infringer who tries to infringe or pass off their own goods and or
services by utilizing the reputation and the goodwill of another person's
registered trademark. The cost and time for registration of a trademark has
ben reduced and also it is a one time expense. Now, the time required for
registration ranges from 6 to 12 months and once its registered, it will
remain valid for next 10 years.

27. Steps
To
Register
A
Trademark
Conducting an
exhaustive trademark
search;
Filing an application
with necessary
documents;
Examination of the
application by the
Trademark Registry;
Post examination
procedures;
Advertisement of the
application in the
Trademark Journal;
Opposition by any third
party;
Registration and
renewal of the same
after every 10 years.

28. Meaning
• “The Exclusive right given by law for a
certain term of years to an
author,composeretc.,(or his assignee) to
print , publish and sell copies of his
original work”

29. What can be Protected
• Literary or Dramatic Work
• A musical work
• An artistic work
• A Cinematograph film
• a Sound Recording
• A photograph
• A Computer Generated Work

30. Whose Rights are Protected?
• Copyright protects the right of author, i.e.
creator of Intellectual Properties, the
employer is the first owner
• He/ She is called the first owner of
Copyright
• However , in course of employment, the
employer is the first owner of these rights

31. Term of Copyright
• Copyright protection in India typically lasts
for the lifetime of the author plus 60 years
from the year following the author's death.
However, for anonymous works,
pseudonymous works, and works of joint
authorship, the duration is 60 years from
the year of publication

32. Importance of Copyright
creates a
public record.
file a lawsuit
and take legal
action
provides you
with economic
benefits
sell or pass
the rights
legal evidence
of your
ownership
change the
form of your
work

33. Procedure for filling Copyright