9. WHAT MAKES THE COMPANY TO
HAVE THAT MUCH OF VALUE ???
THAT’S THE POWER OF
VALUATION OF INTANGIBLE
ASSETS &
EMPOWERMENT of INTELLECTUAL
PROPERTY RIGHTS
9
13. 1. Who cannot get IPRs?
(a). Individual
(b). Company
(c). Society
(d). Association of Persons
13
14. 2. The term “WIPO” stands for:-
(a). World Investment policy organization
(b). World intellectual property organization
(c). Wildlife Investigation and Policing
organization
(d). World institute for Prevention of
organized crime
14
15. 3. Which of the following is an „intellectual
property‟ as per IPR Laws in India.
(a). Original literary work;
(b). Industrial Design of Maruti800 car;
(c). Trademark of Tata company
(d). All the above
15
16. 4. Which of the following is not an IP?
(a). Patent
(b). Franchise
(c). Goodwill
(d). leave and license agreement
16
17. 5. Registration of IP is
(a). Optional
(b).Mandatory
(c).Depending on the kind of business
(d). Depending up on the nature of the law
17
18. 6. A company wishes to ensure that no one
else can use their logo then which IP shall
organization apply for
(a). Copy rights and Trade marks
(b). Trade mark and Designs
(c). Copy rights/ Patents/Trade marks
/Designs
(d). trade mark
18
19. 7. A singer wishes to assign the rights to
reproduce a video she has made of
her concert.
(a). Copy rights
(b). Trade mark
(c). Patent
(d). Industrial designs
19
20. 8. A new way to process milk so that there is
no fat in any cheese made from it.
(c). Patent
(d). Industrial designs
(e). Geographical indications
(d). Trade secrets and Pharma
20
21. 9. Which of the following is not an
intellectual property law?
(a). Copyright Act, 1957
(b). Geographical indications of
goods(regulations and Protection), 1999
(c). WIPO act, 1999
(d). Design Act, 2000
21
22. 10. In your view, who can be the right holder
of IPR?
(a). Owner of the intellectual property.
(b). The successor in title of the owner of
intellectual property.
(c). A licensee duly authorized by the owner
of the intellectual property.
(d). All the above
22
23. PART-B-Paragraph question(5M)
• Mention any 5 instances which are referred
in the companies act 2013 as well as in the
companies act 1956 (each answer carries 1M)
23
39. Intellectual property rights are the rights
given to persons over the creations of their
minds. They usually give the creator an
exclusive right over the use of his/her
creation for a certain period of time.
39
WHAT IS IPR??
42. 42
Intangible Assets
An intangible asset is an identifiable non-
monetary asset without physical
substance. Such an asset is identifiable
when it is separable, or when it arises
from contractual or other legal rights.
Which Cannot be visible with naked eye
42
49. Types of Intangible Assets
49
Intangible assets are those noncurrent economic resources that a company
uses in its operations but have no physical existence.
Patents Goodwill & Copyrights Trademark
52. Any person ..it may be individual ,
company or any legal entity
Ownership of intellectual property can be
owned by one entity, typically the creator,
in the form of Sole Ownership. One or
more creators can also own ownership of
intellectual property through Joint
Ownership.
WHO CAN GET IPR??
52
60. The valuation of IPR’s will be done by the
Registered Valuer appointed under the
provisions of the Companies Act, 2013
By Merchant Bankers
60
VALUATION ....
64. The books of Accounts shall be
maintained as per the Schedule III of the
Companies Act, 2013 and Intangible Assets
shall be disclosed in the Assets
classification
64
BOOKS OF ACCOUNTS….
68. Sector Intangible Assets Total Assets %
Pharma 22,601 491,163 4.60%
Automotive 182,612 2,424,798 7.53%
Power 42,490 4,106,981 1.03%
Media 11,876 134,902 8.80%
Banking - 26,585,316 0.00%
Telecom 980,636 3,110,090 31.53%
Oil and Gas 367,764 8,014,213 4.59%
Total 1,607,978 44,867,462 3.58%
Disclosure of Intangible Assets in Balance Sheet 2011-12 of 7 Sectors
based on top 5 companies in each sector
68
Disclosure of Intangible Assets
71. WHAT IS THE ROLE OF
COMPANY SECRETARY IN
IPR?
71
72. 1. To Act as a IPR Attorney
2. To Appear before the Tribunal
3. To Act as Strategies for allotment of the Securities
through the IPR
4. To Draft the Agreements-
a) Assignment Agreement
b) Franchise Agreement
5. To ensure necessary compliances as mentioned in
the law.
6. To arrange the International Funding
7. To set up a company with strategic & financial
Investors
72
ROLE OF COMPANY SECRETARY…..
74. 74
SAMSUNG Vs. APPLE –
IMPACT OF INTANGIBLE ASSETS
SAMSUNG was found guilty of
Infringing Apple’s patents for I-
PHONE.
SAMSUNG had to pay USD 1.05
billion in damages to APPLE.
77. How to protect IPR and who
has to follow the same
77
Finally..
78. PROTECTION OF IPR
The protection of
intellectual property
Intellectual property
rights
(formal protection)
Copyright
Patent
Trademark
Contracts
(semi-formal
protection)
Non-disclosure
Non-competition
Informal protection
methods
Secrecy
Restrictedaccessto
information
Databaseand
network protection
78
79. OVERALL FINDINGS
• Impact of
Share
value of the
firm
• Need for
compliances
relating to
Intangible
Assets
• Need for
awareness &
Information
on Intangibles
• Need for
Realization
and
Disclosure in
Financial
Statement
Management Investors
Share Holders
Legal
Professionals
Contd.
79