A patent (/ˈpætənt/ or /ˈpeɪtənt/) is a set of exclusive rights granted by a sovereign state to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention. An invention is a solution to a specific technological problem and is a product or a process.:17 Patents are a form of intellectual property. The procedure for granting patents, requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a granted patent application must include one or more claims that define the invention. A patent may include many claims, each of which defines a specific property right. These claims must meet relevant patentability requirements, such as novelty and non-obviousness. The exclusive right granted to a patentee in most countries is the right to prevent others, or at least to try to prevent others, from commercially making, using, selling, importing, or distributing a patented invention without permission. Under the World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights, patents should be available in WTO member states for any invention, in all fields of technology, and the term of protection available should be a minimum of twenty years. Nevertheless, there are variations on what is patentable subject matter from country to country.
Delhi High Court has asked homegrown handset maker Micromax to pay a royalty that amounts up to 1% of the selling price of its devices to Ericsson for using the Swedish equipment maker's patents on technologies that are essential to manufacture the products. The interim order holds until December 31, 2015, the deadline set by the court to conclude the trial.
Trade Secret & Intellectual Property Rights
Group No: 8
14 Nilesh Dodani
17 Mehul Goswamy
29 Amit Maisheri
34 Sye Nihalani
41 Dhaval Prajapati
•Intellectual Property Rights are legal rights,
which result from intellectual activity in
industrial, scientific, literary & artistic fields.
•IPR safeguards creators & producers of
intellectual goods & services
•IPR grants time limited rights to control their
Intellectual property is divided into two categories:
Industrial Property –
•Patents for inventions
• Literary works (such as novels,
poems and plays)
• Films & music
• Artistic works (e.g., drawings,
paintings, photographs and
• Architectural design.
A patent is an exclusive right granted for an invention.
The word patent originates from the Latin patere, which means "to
lay open" (i.e., to make available for public inspection).
A patent provides the patent owner with the right to decide how or
whether - the invention can be used by others.
In exchange for this right, the patent owner makes technical
information about the invention publicly available in the published
Like any other property right, it may be sold, licensed, mortgaged,
assigned or transferred, given away, or simply abandoned.
PATENTS – MIRCOMAX &
• Ericsson, the world's largest mobile network
infrastructure player, has sued homegrown
handset major Micromax for patent
infringement, marking the arrival of bigticket
technology patent litigation to Indian shore.
• Ericsson sued Micromax claiming about Rs
100 crore in damages stating that it had to
take legal recourse after three years of
negotiations failed to yield a license
agreement on standard-essential patents, or
patents on technologies that are standards
for certain equipment such as mobile
• Copyright 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,
sculpture and films, to computer programs, databases,
advertisements, maps and technical drawings.
Photograph: Mannie Garcia – 2006 (via The New York Times); Poster:
Shephard Fairey – 2008 (via Wikipedia)
• Famous street artist Shephard Fairey created the Hope poster during President
Obama’s first run for presidential election in 2008.
• The design rapidly became a symbol for Obama’s campaign, technically
independent of the campaign but with its approval.
• In January 2009, the photograph on which Fairey allegedly based the design
was revealed by the Associated Press as one shot by AP freelancer Mannie
Garcia — with the AP demanding compensation for its use in Fairey’s work.
• Though there wasn’t a court case and an actual verdict, this case created a lot
of discourse around the value of work in these copyright battles.
• It’s unlikely that Garcia’s work could have ever reached the level of fame it did,
if not for Fairey’s poster
• The artist and the AP press came to a private settlement in January 2011, part
of which included a split in the profits for the work.
•A trade secret is a formula, practice, process, design, legal
instrument, pattern or compilation of information which is not
generally known, by which a business can obtain an economic
advantage over competitors or customers.
•Trade secrets are aspects of your company that, if discovered by a
competitor, could significantly impact your bottom line or your
ability to compete in marketplace.
• In some jurisdictions, such secrets are referred to as
"confidential information" or "classified information".
Why Trade Secret
Protection is Important ?
• Patents, trademarks and
copyrights are obtained through
application to government
agencies and defended by
lawsuits against infringers.
•Trade secrets are neglected
sibling, and yet may represent
largest single contribution to
•Today, value of a company's
intangible assets exceed those of
its tangible assets.
TRADE SECRET Example..
•125-year-old secret formula of Coca-Cola is at World of Coca-Cola in
•Mrs. Fields Chocolate Chip Cookies
•Twinkie Cake Recipe
•Dr. J.J. Lawrence invented the antiseptic liquid compound Listerine,
then licensed its secret formula
TRADE SECRET Example..
•Procter & Gamble Co unit Gillette filed a lawsuit against four former employees for
disclosing trade secrets to ShaveLogic Inc, their current employer.
•Breached their contracts with Gillette by disclosing highly confidential information
and trade secrets
•Employees shared information related to technical innovations for enhancing
•Defendants were working in an R&D capacity during their tenure at Gillette
•Shavelogic has adopted the practice of hiring former Gillette employees and
advisors to gain trade secrets
•Gillette, which is more than a century old, said in the filing that monetary
compensation would be determined at the trial