2. Intellectual Property
• Intellectual Property (IP) refers to creations of the mind: inventions,
literary and artistic works, and symbols, names, images, and designs
used in commerce.
• Intellectual property is divided into two categories:
• Industrial property, which includes inventions (patents), trademarks,
industrial designs, and geographic indications of source;
• Copyright, which includes literary and artistic works such as novels, poems
and plays, films, musical works, artistic works such as drawings, paintings,
photographs and sculptures, and architectural designs.
3.
4. Copyrights
• Copyright is a form of intellectual property protection granted under
Indian law to the creators of original works of authorship such as
literary works (including computer programs, tables and compilations
including computer databases which may be expressed in words,
codes, schemes or in any other form, including a machine readable
medium), dramatic, musical and artistic works, cinematographic films
and sound recordings.
• For example, books, computer programs are protected under the Act as
literary works.
5. • Copyright rights can be exercised only by the owner of copyright or by
any other person who is duly licensed in this regard by the owner of
copyright.
• Copyrights include the right of adaptation, right of reproduction, right
of publication, right to make translations, communication to public
etc.
6.
7. • Trademark is a symbol, word, or words legally registered or established by
use as representing a company or product
• Trademark means a different mark of authenticity, through which the
products of particular manufacturers or different commodities of particular
manufacturer, trader, or vendor may be distinguished from those of others.
• The objective of the Trade Marks Act, 1999 is to register trademarks
applied for in the country and to provide for better protection of trade
mark for goods and services and also to prevent fraudulent use of the
mark.
8.
9. • Trade secret is a formula, process, device, or other business
information that is kept confidential to maintain an advantage over
competitors. It is an information-including a formula, pattern,
compilation, program, device, method, technique, or process that-
1. provides the owner of the information with a competitive advantage in the
market place.
2. is treated in a way that can reasonably be expected to prevent the public or
competitors from learning about it, except through improper acquisition or
theft.
• “Trade Secret is an effective tool to protect Intellectual Property
Rights of an entrepreneur.”
10. • According to Chambers 21st Century Dictionary, (Reprint on 2000,
page 1491) the term Trade Secret means – an ingredient, technique,
etc. that a particular company or individual will not divulge because
they see it as giving them an advantage over their rivals.
• Again, according to Oxford advanced learners Dictionary the term
Trade Secret means a piece of information about how a particular
product is made, that is only known to the company that makes it.
• Sometimes these trade secrets are also known as ”confidential
information.”
11. • Example: Most famous example of trade secret is
the coca-cola formula. This formula is kept locked
in a bank vault in Atlanta, can be opened only by
a resolution of the company’s board and is
known to only two employees at the same time.
The public has no access to the name of those
employees and they are not allowed to fly on the
same air plane.
12.
13. • A patent is a form of intellectual property that gives its owner the
legal right to exclude others from making, using, selling and importing
an invention for a limited period of years, in exchange for publishing
an enabling public disclosure of the invention.
• Eg. Graham Bell – Telephone
• Thomas Alva Edison – 1093 patents
14. • Indian Patent Act, 1970 grants exclusive right to the inventor for his
invention for limited period of time. Generally 20 years time has been
granted to the patent holder but in case of inventions relating to
manufacturing of food or drugs or medicine it is for seven years from
the date of patent. There is certain legal procedure which needs to be
followed in order to register.
• In India patent registration can be filed individually or jointly. In case
of deceased inventor this can be done his legal representative on
behalf of him. All the required documents need to be filed along with
the application form. Only after verification registration certificate is
provided to the applicant.
