2. An overview of IPRs.
1. Conceptual understanding of IPRs
2. Kinds of IPRs
3. Trademarks
4. Copy Rights
5. Patents
6. Geographical Indications
7. Trade secretes
8. conclusion
3. Concpet of Property
Bundle of Rights
01 Possess, exclude, enjoy,
commercially exploit,
Kinds of property
02 Tangible & Intangible,
Needs protection
04• Trademarks Act 1999,
• Copyright Act 1976
• Patent Act 1970
• The Geographical Indication of
Goods (Registration and Protection)
Act, 1999
• The Protection of Plant Varieties and
Farmers Rights Act, 2001Trade
secrets U/s 27 of the Contracts Act
1987.
• Designs Act, 2000
IPR as property
03 It has commercial value.
It can be transferred
4. Meaning of IPRs
WIPO, DEFINES INTELLECTUAL PROPERTY AS: 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.
5. In a nutshell
Innovative products or processes
Cultural artistic and literary
works
Creative designs
Distinctive signs/marks/words
Microchips
Denominations of goods
attributable to a geographical
origin
Confidential business information
Patents
Copyright and related rights
Industrial design rights
Trademark
Layout-designs or integrated
circuits.
Geographical indications
Trade secrets
6. Copyrights
Life + 60 Years.
Trademarks
10 years, Slogans are
permanent (just do it.)
Tenure of protection
Patents
20 years
Designs
10 years
Trade secrets
unlimited
GI
10 years
10. Trademarks & Sentiments
Vidyabalan – Hashmi Kajal
Malaysian Airlines “MG370” – mishap motivated
someone to file Trademark application on that name.
What do you think should we register “Titanic” as brand name of our product ? -
12. creators of literary, dramatic, musical and artistic works and producers of
cinematograph films and sound recordings. In fact, it is a bundle of rights
including, inter alia, rights of reproduction, communication to the public, adaptation
and translation of the work. There could be slight variations in the composition of
the rights depending on the work.
copyright
14. Copyright and its ownership
Copyrighted work
• literary or dramatic work
• musical work,.
• cinematograph film,.
• sound recording.
• photograph,.
• computer generated work.
Owner
• the author
• the composer
• the producer
• the producer
• the photographer
• the person who causes the work to be
created
• Write an action you shouldn't do here
15. Exceptions to Copy violation
For criticism or review For research
For reporting current events judicial proceeding
For private study
judicial proceeding
performance is given to a non-paying audience
sound recordings of literary, dramatic or musical works under certain conditions.
19. Copyright violations
Photographer Art Rogers shot a photograph of a couple holding a line of puppies in a row and sold it for
use in greeting cards and similar products. Internationally, renowned artist Jeff Koons in the process of
creating an exhibit on the banality of everyday items, ran across Rodgers’ photograph and used it to create
a set of statues based on the image. Koons sold several of these structures, making a significant profit. cc.
Koons responded by claiming fair use by parody.
VEDHA ASSOCIATES
20. VEDHA INTELLECTUAL
Copyright violations
Richard Prince is a well known appropriation artist — one who transforms the work of others to create
new meaning in his own work. For an exhibition in the Gagosian Gallery, Prince appropriated 41 images
from a photography book by French photographer Patrick Cariou, claiming fair use that he created new
meaning out of the photographs. Cariou argued that it wasn’t fair use, but copyright infringement.
Imitation vs. inspiration: don’t be a designer who creates work too close to that of another. You have
to make sure you are creating something original and not derivative.
24. PATENTABLE INVENTIONS : Process
Examples of Business Method Patents
● Business method patents can relate to business models that are an enormous source of
revenue to companies, as well as an important part of the consumer experience. Two of the
most well-known examples of business method patents are:
● Amazon’s “1-Click shopping” : Amazon patented a system that allows consumers to purchase
items by clicking an order button on a website. The website has a database that stores the
user’s information to facilitate the transaction. 1-Click shopping is useful because it simplifies
online shopping for consumers.
● Priceline’s “Reverse Auction” Priceline patented a system that allows users to place auction
bids on items that are not yet available. Once the item becomes available for auction, the
system enters the user’s interactive bid. The Reverse Auction has been used to help consumers
purchase airline tickets before they are even available.
25. Product Patent:
● Pen with scanner
● With a machine as small as a pen, you can transfer text from paper directly into a computer. Christer
Fåhraeus invented the C-pen.
Modern highlighter
● When you drag the so called C-pen over the text, it stores and deciphers letters, numbers or figures.
The C-pen works by registering images which overlap each other and then fits them together into
one single image. The pen can be used as a highlighter where chosen parts of a text can easily be
transferred to a computer for example.
Translation assistance
● The first model was launched in 1998 and over the years, development has continued. Today for
example, it is possible to translate text with the help of the pen. The invention is currently
manufactured and developed in a company run by Christer Fåhraeus himself.
26. Subject Matter-Exclusions
● Frivolous, Obvious or Contrary to Natural Laws
● Contrary to Public Order or Morality
● Prejudicial to animal or plant life/health or environment
● Scientific Principle or Abstract Theory
● Discovery, Mere Discovery or New form of a known substance,
Enhancement of efficacy, New Property or New Use of known property
● Mere Admixture
● Mere arrangement of known substances
● Medical Methods
● Agricultural methods
● Plants and Animals or Parts
● Computer Program Per se
● Mathematical Method, Business Method or Algorithm
● Copyrightable works
● Mere Scheme or Rule
27. Industrial Designs
● The ornemental or esthétique aspects of a Product
● That aspect distinguishes from its competitiors
● Right to prevent others from using identical or similar designs
● Adds value to the product by making it more appealing to
consumers.
● Some products (e.g. furniture) are primarily sold on the basis of
their appearance
● Enables customization of products to specific markets
28. Geographical Indications
● Goods that have a certain quality or reputation due to
the geographical region it comes from
● Generally pertaining to agricultural products
● Examples: Tirupathi Laddu, Darjaling Tea, Agra Peta
● Protects local industries, preserves traditional ways of
producing and builds regional reputation and image.
29. Trade Secret
● You may, either because it is not patentable or because you prefer to do so, keep certain business
information secret
● If you have taken reasonable steps to keep such information secret and it has commercial value by virtue
of being secret you may have trade secret protection.
● Coca Cola Said to be the best kept secret
● Formula kept in a bank vault
● Can only be opened by a resolution of the company Board of Directors
● Only two people know the secret
● Their identities are unknown
● They cannot travel together
● They oversee the production
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30. Trade Secrets or Patents
● No registration
(costs/time factor)
● Unlimited duration
● No disclosure
● Wider information
● Difficult to enforce
● No protection against
independent discovery.
● Registration required
(cost/time factor)
● Limited duration
● Disclosure required
● Limited to claims
● Easier to enforce
● Exclusive rights
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