Intellectual property rights

1. Intellectual
Property
Rights (IPR)
Sandeep TK
Assistant Professor
Amrita Vishwa Vidyapeetham Mysuru

2. Definition
Intellectual property (IP) pertains to any original
creation of the human intellect such as artistic,
literary, technical, or scientific creation.
Intellectual property rights (IPR) refers to the
legal rights given to the inventor or creator to
protect his invention or creation for a certain
period of time. These legal rights confer an
exclusive right to the inventor/creator or his
assignee to fully utilize his invention/creation for
a given period of time.

3. IPR
Intellectual property rights are customarily divided into
two main areas:
(i) Copyright and rights related to copyright.
The rights of authors of literary and artistic works (such
as books and other writings, musical compositions,
paintings, sculpture, computer programs and films) are
protected by copyright, for a minimum period of
50 years after the death of the author.

4. • IP is protected in law by, for example, patents, copyright and trademarks,
which enable people to earn recognition or financial benefit from what
they invent or create. By striking the right balance between the interests
of innovators and the wider public interest, the IP system aims to foster
an environment in which creativity and innovation can flourish.

5. Types of intellectual property
• Copyright
• Copyright (or author’s right) is a legal term used to describe the rights
that creators have over their literary and artistic works. Works covered
by copyright range from books, music, paintings, sculpture, and films, to
computer programs, databases, advertisements, maps, and technical
drawings.
This Photo by Unknown author is licensed under
CC BY.

6. What can be protected?
• literary works such as novels, poems, plays, reference works,
newspaper articles;
• computer programs, databases;
• films, musical compositions, and choreography;
• artistic works such as paintings, drawings, photographs, and sculpture;
• architecture; and
• advertisements, maps, and technical drawings.

7. • Copyright protection extends only to expressions, and not to ideas,
procedures, methods of operation or mathematical concepts as such.
Copyright may or may not be available for a number of objects such as
titles, slogans, or logos, depending on whether they contain sufficient
authorship.

8. Patents
• A patent is an exclusive right granted for an invention,
which is a product or a process that provides, in general, a
new way of doing something, or offers a new technical
solution to a problem. To get a patent, technical information
about the invention must be disclosed to the public in a
patent application.

9. • In principle, the patent owner has the exclusive right to prevent or stop
others from commercially exploiting the patented invention. In other
words, patent protection means that the invention cannot be
commercially made, used, distributed, imported or sold by others
without the patent owner's consent.

10. • Patents are territorial rights. In general, the exclusive rights are only
applicable in the country or region in which a patent has been filed and
granted, in accordance with the law of that country or region.

11. • The protection is granted for a limited period, generally 20 years from
the filing date of the application.

12. Trademarks
• A trademark is a sign capable of distinguishing the goods or services of
one enterprise from those of other enterprises. Trademarks are
protected by intellectual property rights.

13. • A word or a combination of words, letters, and numerals can perfectly
constitute a trademark. But trademarks may also consist of drawings,
symbols, three-dimensional features such as the shape and packaging
of goods, non-visible signs such as sounds or fragrances, or color
shades used as distinguishing features – the possibilities are almost
limitless.

14. • a trademark registration will confer an exclusive right to the use of the
registered trademark. This implies that the trademark can be exclusively
used by its owner, or licensed to another party for use in return for
payment. Registration provides legal certainty and reinforces the
position of the right holder, for example, in case of litigation.

15. • The term of trademark registration can vary but is usually ten years. It
can be renewed indefinitely on payment of additional fees. Trademark
rights are private rights and protection is enforced through court orders.

16. Industrial Designs
• In a legal sense, an industrial design constitutes the
ornamental aspect of an article.
• An industrial design may consist of three-dimensional
features, such as the shape of an article, or two-
dimensional features, such as patterns, lines or colour.

17. • the owner of a registered industrial
design or of a design patent has the
right to prevent third parties from
making, selling, or importing rticles
bearing or embodying a design which is
a copy, or substantially a copy, of the
protected design, when such acts are
undertaken for commercial purposes.

18. • Industrial designs are applied to a wide variety of products of industry
and handicraft items: from packages and containers to furnishing and
household goods, from lighting equipment to jewelry, and from
electronic devices to textiles. Industrial designs may also be relevant to
graphic symbols, graphical user interfaces (GUI), and logos.

20. Advantages of Intellectual Property Rights
• IPR protection gives your business a competitive advantage over other similar
businesses.
• IPR protection allows you to prevent unauthorised use of your intellectual property and
works.
• IPR enhances the value of your company and also opens avenues for collaborations
and opportunities for generating income such as by entering into licensing agreements
to exploit/work the invention/work.
• IPR helps to attract clients and creates your brand value. For example, the consumers
start identifying your products with the unique logo or registered trademark.

21. Rights and Obligations of Patentee in India
• In India, the owner of an invention is required to get his/her invention patented under
the Patent Act, 1970. the registration of a Patent provides certain Rights to the
Patentee, which is mandatory to be followed by the Patentee

22. A Patent holder invents a procedure or product whose exclusive
Rights and Obligations of Patentee are given to the Patent holder as
an inspiring force for investment in creative or inventive exercises and
for the spread of such exercises in public at large for learning.

23. There are a number of limitations and exceptions to
these Rights and Obligations of Patentee which are as
follows:
• Research or experimental utilization;
• usage on outdoor vessels;
• receiving administrative authorization from various professionals;
• reduction of Patent rights and similar imports;
• Compulsory relating and acquisition or use of inventions by the Governments.

24. The elaborated Rights of the Patentee in India are as
follows

25. What are the Obligations of Patentee as per the Patent
Act, 1970
Once a Patent is granted to a Patentee, there are certain Rights and Obligations of Patentee

26. • The Patent Act, 1970, provides for provisions related to the Rights and
Obligations of the Patentee of a Patent. The Controller of Patent is
required to take care of all the Rights and Obligations of the Patentee as
prescribed by the Patent Act, of 1970.

28. THANKS