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intellectual property rights

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  1. 1. A presentationon INTELLECTUAL PROPERTY RIGHTS (IPR) Presented by : Dr. Shashi Kant Kankar Ph.d. scholar Dept. of veterinary parasitology CVAS Bikaner Submitted to: Dr. S. B. S. Yadav Dr. Manju Nehara Dept. of A.B.G.
  2. 2. Nature of intellectual property  Creation of human mind (Intellect)  Intangible property  Exclusive rights given by statutes  Time-bound  Territorial
  3. 3. Patents  The Patents Act Sep. 1970 (amendment) patent act 2005  limited monopoly right  Protection : 20 years.  Protection means cannot be commercially made, used, distributed or sold  Patent expires, the protection ends  Encourages research  Induce an inventor to disclose his research
  4. 4. What can be patented Inventions in all fields of technology, whether products or processes, if they meet the criteria of  Novelty  Inventive step  Industrial application (utility)
  5. 5. What can’t be patented
  6. 6. Cont………
  7. 7. Copyright  The Copyright Act No. 14, June 1957, as amended by Amendment Acts of 1983, 1984, 1992, 1994 and 1999, 2012.  Rights given to creators for their literary and artistic works.  Provides exclusive rights to authors and other owners of original works to reproduce, distribute, perform or display their creative works.  Protection from unlawfully exploitation of the work  Terms of copyright depends upon nature of work/owner of copyright
  8. 8. Duration of Copyright  Life + 60 years  All Other Works: 60 years from date of publication  Broadcasting of a live performance(performer’s right)  Duration: 50 years  Re-broadcasting (broadcast reproduction right)  Duration: 25 Years
  9. 9. Infringement & Civil liability Patrick Cariou – 2000; Richard Prince – 2008 punishable under Section 63 of the copy right Act: six months to three years
  10. 10. Trademark  Trademark is a sign capable of distinguishing goods and services of one enterprises from that of another  Trade Mark can be -  Sign, words, letters, numbers, drawings, pictures, emblem, colours or combination of colours, shape of goods as applied to an article or a product.  Objective:  Helps the general people to identify and choose product/services based on their reputation and quality
  11. 11. Registration of trade mark  The Trade Marks Act, 1999  Period of registration is for 10 years  Importance:  Exclusive legal rights  Proof in the court  Sound name in market  Create a value  Legal recognition to your business
  12. 12. Geographical indication  Signs used on goods having specific geographical origin and possess qualities and reputation that are attributed to that place of origin.  Agricultural goods or manufactured goods
  13. 13. Registration  The Geographical Indications of Goods (Registration and Protection) act, 1999 , inforced in sept. 15, 2003  Exclusive right given to the community  Valid for 10 years  Growth of tribes/ communities/ skilled artisans  Right to use the Geographical Indication on the goods  Relief for infringement  Price increases in international market  Boosts exports and tourism
  14. 14. Industrial designs  Creative activity, results in ornamental or formal appearance of a product  Features of shape, configuration, ornamentation, composition of lines or colors  Applied over articles in 2D or 3D form by any process resulting in finished articles appealing or attractive  Consumer Products  Pharmaceutical Product  Textile & Jewellery
  15. 15. Registration  Currently governed by Design Act 2001  Exclusive right to apply the design to any article  Promotion and protection of the design element of industrial production.  Promotion of innovative activity in the field of industries  Initially right is granted for 10 yrs then can be extended by 5 yrs  Not registrable ?  Not new or original  Disclosed to the public  Not significantly distinguishable from known designs  Obscene matter
  16. 16. Trade Secretes  Confidential information, providing competitive edge  Manufacturing / commercial/industrial  Sales methods, distribution methods, consumer profile, advertising strategies, manufacturing process, chemical formula, recipe, financial strategy etc. Protection The Trade Marks Act, 1999  Unlimited period of time  Substantial element of secrecy must  Except improper use acquiring information would be difficult
  17. 17. How to protect  Confidentiality agreements  Using protective techniques  Restricting entry  National legislations protection
  18. 18. Plant varieties and farmer’s rights  Protection of Plant Varieties and Farmers’ Rights Act, 2001. Objectives  Protect the rights of the farmers: To save, use, sow, re-sow, exchange, share or sell his farm produce  Protect plant breeder’s rights: Production, Sale, Marketing, Distribution, Export, Import  Facilitate the growth of seed industry  Plant variety a more precisely defined group of plants  Person who breeds plants, and has discovered and developed a new plant variety, "breeder" protection for your new plant varieties ,applying for a Grant /registration of Protection for a Plant Variety.
  19. 19. Registrable varieties and criteria  New Varieties : Novelty, Distinctiveness, uniformity and stability Extant varieties: Distinctiveness, uniformity and stability  Period of protection 18 years for trees and vines 15 years for other crops 15 years extant varieties
  20. 20. Semiconductor integrated circuits layout-design • SIC: products having transistor and other circuitry element design to perform an electronic circuitry function SICLD ACT 2000  Protection : Chip layout design  Empowers registered proprietor to use layout design  Relief from infringement  Time : 10 years, renewed indefinitely