INTELLECTUAL PROPERTY RIGHTS OVERVIEW for JNTUH .INTELLECTUAL PROPERTY RIGHTS ( IPR ) open optional paper 1st class , introduction class

1. Intellectual
Property
Rights
Presented By
Dr. ANR

2. What is …
• Trademarks
• Copyrights
• Patents
• Trade secrets
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3. DEFINITION
TRADEMARKS
• A word, name, symbol, or de-vice used
to indicate origin, quality, and ownership
of a product or service.
COPYRIGHTS
• Protection granted to authors of original
works of authorship, fixed in a tangible
form.
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4. DEFINITION Cont.…
PATENTS
• Grant of right to exclude another from
making, using, selling, or importing a
patented invention or discovery.
TRADE SECRETS
• Any valuable business in-formation that,
if known by a competitor, would afford
the competitor some benefit or
advantage.
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5. What is protectable
• TRADEMARKS
• A trademark is used in the advertising
and marketing of a product; a service
mark is used in the advertising and
marketing of a service.
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6. What is protectable
COPYRIGHTS
• Copyright protects original works of
authorship, including literary, dramatic,
musical, artistic, choreographic, pictorial,
sculptural, and other intellectual works,
including motion pictures, sound recordings,
computer programs, and architectural
works, allowing the owner the right to
prepare derivative works based on the work
and to reproduce, distribute, perform, and
display the work.
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7. What is protectable
PATENTS
• Utility patents protect any new and
useful process, machine, or
composition of matter, design patents
protect new, original, and ornamental
designs for articles of manufacture;
plant patents protect distinct and new
plant varieties that are asexually
reproduced.
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8. What is protectable
TRADE SECRETS
• Any information can be protected as
long as it has commercial value, it is
not in the public domain, and its
owner has made reasonable attempts
to maintain its secrecy. Information
may include customer lists, marketing
plans, financial information, takeover
targets, and business methods.
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9. HOW RIGHTS ARISE
TRADEMARKS
• Rights arise from first use of the
mark; registration is not necessary.
COPYRIGHTS
• Copyright protection arises from
the time the work is created in
fixed form; registration is not
necessary
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10. HOW RIGHTS ARISE
PATENTS
• Rights arise only upon issuance of
the patent by the U.S. Patent and
Trademark Office (USPTO).
TRADE SECRETS
• Rights arise as soon as the trade
secret comes into existence. No
registration or other formalities are
required.
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11. DURATION OF PROTECTION
TRADEMARKS
• Marks are protected as long as they are
in use and do not become generic. For
registered marks, the registrant must
prove use to USPTO between years 5
and 6 and every ten years after
registration. Registration lasts for 10
years and is renewable.
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12. DURATION OF PROTECTION
COPYRIGHTS
• Works are protected during the author's
life (or last surviving author) and for 70
years there-after. If work is made for
hire, copyright lasts for 95 years from
publication or 120 years from creation,
whichever is shorter.
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13. DURATION OF PROTECTION
PATENTS
• Patent protection exists for 20 years
from the date of filing an application for
utility and plant patents and for 14 years
from the date of grant of a design
patent. Maintenance fees are required
for utility patents at three and half,
seven and half, eleven and half years
after issuance date.
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14. DURATION OF PROTECTION
TRADE SECRETS
• Trade secrets may exist perpetually as
long as they are properly protected.
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15. COSTS AND FORMALITIES
TRADEMARKS
• If federal registration is sought,
application must be filed with USPTO;
paper application filing fee is $375 per
class or $325 per class if filing
electronically. Application process takes
from one to two years. Preapplication
search should be conducted.
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16. COSTS AND FORMALITIES
COPYRIGHTS
• If federal registration is sought,
application must be filed with U.S.
Copyright Office; paper application filing
fee is $45. Application process takes
from three to four months. No need for
preapplication search.
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17. COSTS AND FORMALITIES
PATENTS
• Application for patent must be filed with
USPTO. Application filing fee for utility
patent is $1,030 ($515 for small entities).
Application process takes 2 years or more.
Search should be conducted prior to
application.
TRADE SECRETS
• No application or registration process;
however, there may be costs involved in
implementing measures to protect secrecy
of trade secrets.
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18. INFRINGEMENT TEST
TRADEMARKS
• Is there a likelihood of confusion
between the marks?
COPYRIGHTS
• Have any of the exclusive rights of the
copyright owner been violated by
impermissible copying or unauthorized
use of the work?
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19. INFRINGEMENT TEST
PATENTS
• Does the accused invention fall within
the claims language of the patent or is it
substantially equivalent?
TRADE SECRETS
• Has a trade secret been
misappropriated?
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20. MARKING REQUIREMENTS
TRADEMARKS
• Marking is not required but is
recommended. Registered marks are
displayed with ® symbol.
COPYRIGHTS
• Marking is not required but is
recommended. Notice: © symbol (or
similar indication), year of first
publication, and owner's name.
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21. MARKING REQUIREMENTS
PATENTS
• Marking is not required but is
recommended. Notice consists of word
patent (or its abbreviation) and patent
number.
TRADE SECRETS
• Marking is not required but is
recommended. Documents should be
marked with confidentiality legends or
other notices.
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22. GOVERNING LAW
TRADEMARKS
• 15 U.S.C. §§ 1051 et seq.
COPYRIGHTS
• 17 U.S.C. §§ 101 et seq.
PATENTS
• 35 U.S.C. §§ 100 et seq.
TRADE SECRETS
• Various state statutes, cases, and private
agreements.
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23. Deborah E. bouchoux “Intellectual Property Rights. The Law
of Trade Marks, Copy Rights Patents and Trade Secrets
Cengage Learning, Third Edition.
Reference
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