An Overview
IPR
Submitted by Submitted
Pushkar Singh
Definition of Intellectual
Property
 Intellectual property (IP) is a term referring to a
number of distinct types of creations of the mind for
which a set of exclusive rights are recognized—and the
corresponding fields of law.
“Intellectual Property Shall Include The Rights Relating
To
 Literary, Artistic And Scientific Works,
 Performances Of Performing Artists, Phonograms, And
Broadcasts,
 Inventions In All Fields Of Human Endeavour
 Scientific Discoveries
 Industrial Designs
 Trademarks, Service Marks And Commercial Names
And Designations
 Protection Against Unfair Competition
And All Other Rights Resulting From Intellectual
Activity In The Industrial, Scientific, Literary Or
Artistic Fields.”
TYPES OF IPR
IPRCOPYRIGHTS
TRADEMARK
PATENT
INDUSTRIAL
DESIGN
RIGHTS
TRADE
SECRETS
Copyright
 Literary, dramatic, Musical and Artistic Works
published during life time of author: Life + 60
years
 All Other Works: 60 years from date of publication
 Posthumous, Anonymous Works
 Works of Government and Organizations
 Cinema and Sound Recording
 Photograph
TRADE MARK
A name of an enterprise or a Mark capable of being
represented graphically, distinguishing the goods or
services of one person from those of others e. g., LUX,
Godrej, TVS ,Telco, 555, APPLE
 Trade Mark can be -
o sign , words, letters, numbers,
o drawings, pictures, emblem,
o colors or combination of colors,
o shape of goods,
o graphic representation or packaging or
o any combination of the above
as applied to an article or a product.
Kinds of Trademarks
 Marks on goods
 Service Marks
 Certification trademark
 Collective Marks
 Well known marks
 Trade Names
PATENT
• A patent is an exclusive right granted for an
invention, which is a product or a process that
provides a new way of doing something, or offers a
new technical solution to a problem
• The limited monopoly right granted by the state
enables an inventor to prohibit another person from
manufacturing, using or selling the patented product
or from using the patented process, without
permission.
• Period of Patents - 20 Years
Industrial Designs
 Protection for industrial designs that are new or
original
 Design are feature of shape, configuration, pattern or
ornament
 The design must be applied to an article
 The design must be applied by an industrial process.
 Appeal to the eye.
Trade Secret
In most states, a trade secret may consist of any formula,
pattern, physical device, idea, process or compilation of
information that both:
 provides the owner of the information with a competitive
advantage in the marketplace, and
 is treated in a way that can reasonably be expected to
prevent the public or competitors from learning about it,
absent improper acquisition or theft.
Some examples of potential trade secrets are:
 A Formula For A Sports Drink
 Survey Methods Used By Professional Pollsters
 Recipes
 A New Invention For Which A Patent Application Has
Not Yet Been Filed
 Marketing Strategies
 Manufacturing Techniques, And
 Computer Algorithms.
Licensing of an IP
• Licence is a permission granted by an IP owner to
another person to use the IP on agreed terms and
conditions, while he continues to retain ownership of
the IP
• Licensing creates an income source
• It establishes a legal framework for transfer of
technology to a wider group of researchers and
engineers
• Creates market presence for the technology or
trademark
Intellectual property rights

Intellectual property rights

  • 1.
    An Overview IPR Submitted bySubmitted Pushkar Singh
  • 2.
    Definition of Intellectual Property Intellectual property (IP) is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law.
  • 3.
    “Intellectual Property ShallInclude The Rights Relating To  Literary, Artistic And Scientific Works,  Performances Of Performing Artists, Phonograms, And Broadcasts,  Inventions In All Fields Of Human Endeavour  Scientific Discoveries  Industrial Designs  Trademarks, Service Marks And Commercial Names And Designations  Protection Against Unfair Competition And All Other Rights Resulting From Intellectual Activity In The Industrial, Scientific, Literary Or Artistic Fields.”
  • 4.
  • 5.
    Copyright  Literary, dramatic,Musical and Artistic Works published during life time of author: Life + 60 years  All Other Works: 60 years from date of publication  Posthumous, Anonymous Works  Works of Government and Organizations  Cinema and Sound Recording  Photograph
  • 6.
    TRADE MARK A nameof an enterprise or a Mark capable of being represented graphically, distinguishing the goods or services of one person from those of others e. g., LUX, Godrej, TVS ,Telco, 555, APPLE  Trade Mark can be - o sign , words, letters, numbers, o drawings, pictures, emblem, o colors or combination of colors, o shape of goods, o graphic representation or packaging or o any combination of the above as applied to an article or a product.
  • 7.
    Kinds of Trademarks Marks on goods  Service Marks  Certification trademark  Collective Marks  Well known marks  Trade Names
  • 8.
    PATENT • A patentis an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem • The limited monopoly right granted by the state enables an inventor to prohibit another person from manufacturing, using or selling the patented product or from using the patented process, without permission. • Period of Patents - 20 Years
  • 9.
    Industrial Designs  Protectionfor industrial designs that are new or original  Design are feature of shape, configuration, pattern or ornament  The design must be applied to an article  The design must be applied by an industrial process.  Appeal to the eye.
  • 10.
    Trade Secret In moststates, a trade secret may consist of any formula, pattern, physical device, idea, process or compilation of information that both:  provides the owner of the information with a competitive advantage in the marketplace, and  is treated in a way that can reasonably be expected to prevent the public or competitors from learning about it, absent improper acquisition or theft.
  • 11.
    Some examples ofpotential trade secrets are:  A Formula For A Sports Drink  Survey Methods Used By Professional Pollsters  Recipes  A New Invention For Which A Patent Application Has Not Yet Been Filed  Marketing Strategies  Manufacturing Techniques, And  Computer Algorithms.
  • 12.
    Licensing of anIP • Licence is a permission granted by an IP owner to another person to use the IP on agreed terms and conditions, while he continues to retain ownership of the IP • Licensing creates an income source • It establishes a legal framework for transfer of technology to a wider group of researchers and engineers • Creates market presence for the technology or trademark