Pranab Kr. Sarkar MBA Tezpur University

1. 1

2.  Creation of Human Mind
 Scientific, industrial,
Literary, artistic domains
 In the form of invention,
Manuscript, software, a
business name
 To control use
of the same
properties
2 2

3. LEGAL DEFINTION OF IPR
Intellectual Property Rights are
legal rights, which result from
intellectual activity in industrial,
scientific, literary & artistic fields.
3 3

4. 4 4

5. 5 5

6. PATENT
 Governed by The Patents Act 1970
 Now Patents Act 2005
 Came into force on 1 January 2005
6 6

7. PARTS OF DEFINTION
 An exclusive right Bringing
a NEW
 Granted for an invention Idea
 Minimum time of 20 years
 Provides a new way of doing
something or offers a new
technical solution to a problem
7 7

8. CONDITIONS FOR AN INVENTION TO BE
PATENTABLE
Novelty No prior disclosure of any
information before the
filling date
Inventiveness The feeling should not be
there that the Practitioner
can’t even think of that idea
Usefulness The invention Must
have some future
utility
8 8

9. INVENTIONS WHICH ARE
PATENTABLE
 Art, process, manner or method of manufacture
 Machine, apparatus or any other articles
 Substances produced by manufacturer, which
include any new and useful improvements of
any 1 of them or
 An alleged invention.
9 9

10. INVENTIONS WHICH ARE PATENTABLE
 Inventions against morality or injurious to health.
 Mere discovery of a scientific principle.
 A method for agriculture or horticulture
 Inventions relating to atomic energy
 Any new substance obtained by mere
admixture
10 10

11. ESSENTIAL DOCUMENTS TO BE SUBMITTED IN THE
PROCESS OF PATENTING
 Necessary Specification
 Filed to establish the priority in
the invention
Provisional
1 Specification  Patent is not granted here
 Time for Provisional Specification
12 months
+
3 months
grace period
11 11

12. Complete or CONTENTS
2 Final
 Field of invention
Specification
 Background including
drawbacks
Mandatory to be
filed within  Description along with
12 months experimental results
after
the Provisional  Drawings etc. for understanding
specification
 Claims which prove the legal
proprietorship of the invention
12 12

13. WHERE TO APPLY ???
PATENT
OFFICES IN
INDIA
DELHI MUMBAI CHENNAI KOLKATA
(Head Office)
13 13

14. HOW TO APPLY
Accepted o
verruled
14 14

15. The copyright act 1957
Generally Copyright is a protection which
protects the original creative expression of
an idea
Sufficient amount of
labor, judgement, capital
and skill of the actual
creator
LAST AMENDED IN 1999
15 15

16. NECESSARY CONDITIONS FOR
COPYRIGHT PROTECTION
 It is recorded in some form e.g. in writing, by
a sound recording, on a computer disk or in
a printed form.
 Must meet the requisite degree of originality
 If it is of a type protected under the
copyright protection.
16 16

17. WORKS PROTECTED BY
COPYRIGHT
 Original Literary, dramatic, musical and
artistic works.
 Sounds recording, films or broadcasts
 Typographical arrangements of published
editions.
17 17

18. DURATION OF COPYRIGHTS
 Literary, dramatic, Life of the author
musical and +
artistic works 70 Years
Computer
Generated Works 50 Years
Sound
Recordings 50 Years
Broadcasts 50 Years
18 18

19. COPYRIGHT INFRINGEMENT
Primary
When the exclusive rights
Infringement of the author is performed
by a party without the
consent of the Author.
Secondary
Infringement. When Rights are
distributed after
performance
19 19

20. TRADEMARKS
(INDIAN TRADEMARKS ACT 1999)
Sign or combination of signs
capable of distinguishing a
particular Good or service
20 20

21.  To distinguish the products or services of
one enterprise from those of other enterprises
 Trademarks distinguish products or services
from one source, from identical or similar
products or services from other sources
 Guarantee function of trademarks refers to a
particular quality of the product or service for
which it is used
 Appeal function creates interest and inspire a
feeling of confidence of the customers.
23 21

22. PLANT BREEDERS RIGHTS
New Plant Variety
Protection Act in 2001
21 22

23. DEFINTION
Rights granted to the breeder
of a new plant that give him the Seed, cuttings,
exclusive control over the divisions, tissue
culture
propagating material
and
harvested material
Cut flowers,
of a new variety for a number
fruit, foliage
of years.
22 23

24. An industrial design right is an
intellectual property right that protects
the visual design of objects that are not
purely utilitarian.
25 24

25. Industrial Design consists of –
 Creation of a shape
An industrial design
 Configuration or composition can be a two- or
of pattern three-dimensional
pattern used to
 Colour or combination of produce a product,
pattern industrial commodity
or handicraft.
 Colour in three dimensional
form containing aesthetic
value
26 25

26. GEOGRAPHICAL INDICATIONS
(Geographical Indication Of Goods
Act 2000)
A Geographical Indication (GI) is a name or sign
used on certain products which corresponds to a
specific geographical location or origin (e.g. a
town, region, or country)
Darjeeling Tea became the first GI
tagged product in India, in 2004-05,
since then by September 2010
27 26

27. SIGNIFICANCE OF GEOGRAPHICAL
INDICATION REGISTRATION
 Such identification enables the product to
gain reputation and goodwill all over the
world
 Preventing an unauthorized use of the
commodity registered as GI by any third
party.
 Helps in proper distribution of the economic
benefits.
28 27

28. A trade secret refers to data or information
relating to the business which is not
generally known to the public and which the
owner reasonably attempts to keep secret
and confidential
29 28

29. CRITERIAS FOR TRADE SECRETS
 It must not be generally known or readily accessible
by people who normally deal with such type of
information
 It must have commercial value as a secret
 The lawful owner must take reasonable steps
to keep it secret
30 29

30. • CUSTOMER LISTS
• BUSINESS INFORMATION
• EMPLOYEE DETAILS
• FINANCIAL RECORDS
• DATA COMPILATIONS
EXAMPLES
• BUSINESS PLANS AND STRATEGIES
• FORMULAE
• DESIGNS
• DRAWINGS
• ALGORITHMS
30 30

31. TOOLS TO PROTECT TRADE SECRETS
 Employment  Suitable confidentiality, non-
Agreement -disclosure in agreements with
employees.
 Trade Secret
Policy  Employees must be informed
sign an acknowledgement to that
 Non-disclosure  Businesses can also enter into
Agreements NDAs with 3rd parties while
(NDAs) discussing any business prospects
and ventures.
30 31

32.  Adequate
Documentation  Businesses must keep a
track of the trade secrets
that are developed and
belongs to them.
 Security Systems
 Human Technical
Security + Security
30 32

33. 30 33