This document discusses various types of intellectual property rights including patents, copyrights, trademarks, industrial designs, geographical indications, databases, and trade secrets. It provides details on what each type of intellectual property protects, requirements for protection, rights granted, and filing processes. The key types of intellectual property covered are patents for inventions, copyright for creative works, trademarks for distinguishing business products/services, and geographical indications for regional goods with special qualities. Intellectual property plays an important role in both cultural and economic life.

1. PREPARED BY: DHAVAL CHAUHAN
GUIDED BY: DR. P. K. BRAHMBHATT
INTELLECTUAL PROPERTY RIGHTS

2. WHAT IS INTELLECTUAL PROPERTY?
 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.
 IP covers a vast range of activities, and plays an
important role in both cultural and economic life.

4. WHAT ARE INTELLECTUAL PROPERTY RIGHTS?
 Intellectual property rights are legal rights that provide
creators protection for original works, inventions, or the
appearance of products, artistic works, scientific
developments, and so on.

5. TYPES OF INTELLECTUAL PROPERTY RIGHTS
 IP is often divided into two main categories:
1. Industrial Property and
2. Copyright and related rights
 Industrial property includes patents for inventions,
industrial designs, trademarks and geographical
indications.
 Copyright and related rights cover literary, artistic and
scientific works, including performances and
broadcasts.

6. TYPES OF INTELLECTUAL PROPERTY RIGHTS
 Patents
 Copyright
 Trademarks
 Industrial Design
 Geographical Indications
 Database
 Trade Secrets

7. PATENT
 A patent protects an
invention. It gives the
holder an exclusive right
to prevent others from
selling, making and
using the patented
invention for a certain
period (typically 20
years from filing date).

8. PATENTABILITY CRITERIA
 Patentable subject matter
 Novelty
 Inventive step
 Industrial application
 Disclosure
 Utility

9. PATENT FILING STEPS

10. WHAT CAN NOT BE PATENTED?
 Inventions that fall under S 3 and 4 of the Patents Act
cannot be patented.
 These include inventions with regard to atomic energy,
inventions against public morality and decency,
agricultural and horticultural methods, medical and
surgical processes etc.

11. WHO CAN FILE A PATENT APPLICATION?
 The first and true inventor of the patent can apply for
patent protection.
 In the event of his/her death, the legal representatives
can file a patent application.
 In India, there are four patent offices – Mumbai,
Chennai, New Delhi and Kolkata.

12. COPYRIGHT
 Copyright protects the
expression of literary or
artistic work. Protection
arises automatically
giving the holder the
exclusive right to control
reproduction or
adaptation.

13. COPYRIGHT
 It covers an enormous range of works not just books,
music, paintings, sculpture and films, but also computer
programs, databases, advertisements, maps and
technical drawings among other things.

14. GOAL OF THE COPYRIGHT
 To encourage the development of culture, science and
innovation.
 To provide a financial benefit to copyright holders for
their works.
 To facilitate access to knowledge and entertainment for
the public.

15. WHAT IS PROTECTED BY COPYRIGHT LAW?
 Literary, dramatical and musical works
 A software program
 Artistic work
 Cinematographic work
 Record
 Other similar forms of creative works

16. RIGHTS PROTECTED BY A COPYRIGHT
 Reproduction
 Adaptation
 Distribution
 Public performance
 Public display

17. REQUIREMENTS OF THE COPYRIGHT
 Originality
 Minimal creativity
 Fixation

18. TRADEMARKS
 A trademark is a
distinctive sign which is
used to distinguish the
products or services of
one business from
others. Trademarks are
often closely linked to
brands.

19. TRADEMARKS
 All sorts of signs may be used as trademarks - words,
letters, numbers, symbols, colors, pictures, three-
dimensional signs such as shapes and packaging,
holograms, sounds, even tastes and smells.

20. UNCONVENTIONAL TRADEMARKS
 Colour trademarks
 Sound marks
 Shape of goods, packaging
 Smell trademarks
 Hologram

21. GOVERNING BODY OF TRADEMARKS
 Trademarks are administered by the Controller General
of Patents, Designs and Trademarks.
 This is a government agency which reports to the
Department of Industrial Policy and Promotion (DIPP).
 Whole of this structure comes under the Ministry of
Commerce and Industry.

22. INDUSTRIAL DESIGN
 Protects the form of
outward appearance or
aesthetic style of an
object. Does not protect
functionality or unseen
(internal) design
elements.

23. INDUSTRIAL DESIGN
 Industrial designs are applied to a wide variety of
industrial products and handmade goods: cars,
telephones, computers, packaging and containers,
technical and medical instruments, watches, jewelry,
electrical appliances, textile designs, and many other
types of goods.

24. PROTECTION OF DESIGN
 Protection for designs having industrial or commercial
use.
 Duration of protection 10 to 25 years and extendable for
another term of 5 years.
 When an industrial design is protected by registration,
the owner is granted the right to prevent unauthorized
copying or imitation by third parties.

25. NEEDS FOR THE REGISTRATION OF DESIGN
 It should be new or original.
 It should not previously published or used in any
country before the date of application for registration.
 It should relate to features of shape, configuration,
pattern or ornamentation applied or applicable to an
article.
 It should be of artistic nature like painting.

26. GEOGRAPHICAL INDICATIONS
 A geographical indication is a sign used on products that
have a specific geographical origin and possess qualities
or a reputation that are due to that origin.
 There are lots of examples of geographical indications
often food and drink, such as Roquefort cheese from
France, Darjeeling tea from India etc.

28. TYPES OF GEOGRAPHICAL INDICATIONS
 Protected Designations of Origin (PDO)
 Protected Geographical Indication (PGI)
 Traditional Specialities Guaranteed (TSG)

29. TYPES OF GEOGRAPHICAL INDICATIONS
 PDO covers agricultural products and foodstuffs which
are produced, processed and prepared in a given
geographical area.
 PGI covers agricultural products and foodstuffs closely
linked to the geographical area. At least one of the
stages of production, processing or preparation takes
place in the area, while the raw materials used in
production may come from another region.
 TSG highlights traditional character, either in the
composition or means of production.

30. NEEDS OF GEOGRAPHICAL INDICATION
 Denote quality and origin of products
 Good reputation for the product
 Preventing the product from generic products
 Protecting the domestic market from competitors

31. STEPS TO FILE GEOGRAPHICAL INDICATIONS
 The application must be filed at the office of the GI
Registry located in Chennai
Geographical Signification of the Indication
Class of goods
Geographical Area
Details of the appearance
Particulars of the producers
Affidavit deposing the Applicant’s right to become the
Registrant

32. VALIDITY OF GEOGRAPHICAL INDICATION
 The registration of geographical indication is valid for a
period of 10 years.
 It can be renewed from time to time for further period of
10 years each.
 If a registered geographical indication is not renewed it
is liable to be removed from the register.

33. DATABASE
 Database right prevents
copying of substantial
parts of a database. The
protection is not over the
form of expression of
information but of the
information itself, but in
many other aspects
database right is similar
to copyright.

34. TRADE SECRETS
 A trade secret is a
formula, practice,
process, design or
compilation of
information used by a
business to obtain an
advantage over
competitors. Trade
secrets are by definition
not disclosed to the
world at large.

35. HOW LONG DO TRADE SECRETS LAST?
 Potentially forever – if the information continues to
meet the qualifications and it is not revealed, it remains
a trade secret.
 This indefinite life span means that trade secrets can be
very valuable assets for the company.
 However rights in a trade secret only exist as long as the
secret is maintained.

36. HOW DO I FILE A TRADE SECRET?
 You don’t! There is no way to file or register something
as a trade secret.
 Whether something is entitled to trade secret protection
is determined by how you treat that piece of
information.

37. HOW TO PROTECT TRADE SECRETS?
 Employ multiple means of security
 Physical security for documents and prototypes
 Best Practices – Don’t talk about or publicize the trade
secrets
 Contract – Confidentiality or “Non-disclosure”
agreements

38. REFERENCES
 What is Intellectual Property?, World Intellectual
Property Organization, 2020
 The Different Types of IP Protection and Why They Are
Important
 Types of Intellectual Property Rights, De Montfort
University, Leicester
 PPT on Intellectual Property Rights by Lishrita Ware,
Apollo college of Pharmacy, Durg

39. REFERENCES
 PPT on The Indian Patent Regime | Indian Patent Act |
Indian Patent Law | Patent Protection in India by Angela
Dsouza
 PPT on Copyright Law by Student press law center
 PPT on Copyright basics by Rights direct
 PPT on Copyright by S.M. Ashif
 PPT on What is a trade secret by David Lizerbram

40. REFERENCES
 PPT on Trademarks by Ashima Aggarwal
 PPT on Industrial Design by Jaspreet Kaur
 PPT on Geographical Indications by Juliet Abisha