Intellectual property refers to creations of the mind such as inventions, artistic works, designs, and symbols. IP is protected by laws through mechanisms like patents, copyrights, and trademarks. These laws aim to balance innovation and public access by granting exclusive rights to creators for a period. Examples of intellectual property include business logos, artistic works, patents on inventions, and more. IP is an important intangible asset and its theft or violation can damage businesses, so strong protections are needed.

3. 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 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.

4. INTELLECTUAL PROPERTY
• IP is an intangible asset to a company. It gives business partners
and financial institutions the confidence to invest in or
collaborate with the organisation.

5. EXAMPLE OF INTELLECTUAL PROPERTY
• For example:
• Business owners are granted exclusive rights on the use of their trade
marks and geographical indications which were established by them;
• Creative artistes are granted copyrights on musical, literary, dramatic
and artistic works for their creations; while
• Innovators are granted protection for their patents, industrial
designs, trade secrets, confidential information, and layout-designs of
integrated circuits for their innovations.

6. INTELLECTUAL PROPERTY THEFT

7. FAKE PRODUCTS

10. INTELLECTUAL PROPERTY THEFT
• Intellectual property theft is defined as theft of material that is
copyrighted, the theft of trade secrets, and trademark violations.
Examples of copyrighted material commonly stolen online are
computer software, recorded music, movies, and electronic games.
• Theft of trade secrets means the theft of ideas, plans, technologies, or
any sensitive information from all types of industries including
manufacturers, financial service institutions, and the computer
industry. Theft of trade secrets damages the competitive edge and
therefore the economic base of a business.
• A trademark violation involves counterfeiting or copying brand name
products such as well-known types of shoes, clothing, and electronics
equipment and selling them as the genuine or original product.

11. HOW IT CAN BE PROTECTED

12. RIGHTS/TYPES OF INTELLECTUAL PROPERTY
• Patents
• Copyrights
• Trademarks
• Trade Secrets
• Design
• Geographical Indications

13. PATENTS
A form of protection that provides a person or legal entity with exclusive rights
for making, using or selling a concept or invention and excludes others from
doing the same for the duration of the patent .
Examples of classes of patents include business method patents, software
patents, biological patents and chemical patents.
The invention must relate to a machine, article or substance produced by
manufacture, or the process of manufacture. Patents are available for
significant improvements on previously invented items.
"an invention is not your own until it is patented"

14. COPYRIGHT
A Copyright is a legal device that gives the creator of a literary, artistic, musical,
or other creative work the sole right to publish and sell that work. Copyright
owners have certain rights such as....
Those rights include:
• The right to reproduce the work
• to prepare derivative works
• to distribute copies
• to perform the work
• and to display the work publicly
An author may grant or sell those rights to others, including publishers or
recording companies. Violation of a copyright is called infringement.

16. TRADEMARK
“Trade mark means a mark capable of being represented graphically and which
is capable of distinguishing the goods or services of one person from those of
others and may include shape of goods, their packaging and
combination of colours.’’
• A Trademark generally refers to a “brand” or “logo”.
Trademark registration can also be obtained for a business name,
distinctive catch phrases, taglines or captions.
It gives the owner the legal rights to prevent the trademark unauthorized
use.

17. DESIGN
A design refers to the features of a shape, configuration, pattern or
ornament applied to an article by any industrial process. If you register a
design, you will be protecting the external appearance of the article.
Registered Designs are used primarily to protect designs for industrial
use.
By registering a design, you obtain a right to ownership and the right to
prevent others from using the design without your permission. You can
exploit your design in many ways. You may use it to better protect your
market share by barring copying by others.
To qualify for registration:
• The Design must be new
• The Design must be industrially applied onto an article

18. TRADE SECRETS
A Trade secret is a formula, practice, process, design, instrument, pattern, commercial
method, or compilation of information not generally known or reasonably ascertainable
by others by which a business can obtain an economic advantage over competitors or
customers.
While patents generally last up to 20 years, and copyrights generally last up to 100
years, a trade secret can potentially last forever. As long as the trade secret remains
secret, the protection will not expire.
Some examples of potential trade secrets are:
• a formula for a sports drink.
• a new invention for which a patent has not been filed.
• marketing strategies.
• manufacturing techniques, and.
• computer algorithms.

19. GEOGRAPHICAL INDICATONS
PLANT BREEDERS’ RIGHT
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). The use of a geographical indication may act as a certification that the
product possesses certain qualities, is made according to traditional
methods, or enjoys a certain reputation, due to its geographical origin.
Plant breeders' rights (PBR), also known as plant variety rights (PVR), are
rights granted to the breeder of a new variety of plant that give the breeder
exclusive control over the propagating material (including seed, cuttings,
divisions, tissue culture) and harvested material (cut flowers, fruit, foliage) of
a new variety for a number of years.

21. 1. Reason #1: Your Legal Monopoly
A patent is a reward to the inventiveness and creativity of an inventor, which allows
for a “legal monopoly” for you to commercially use your creation for a particular
period.
2. Reason #2: A World of Goodwill
Goodwill is an intangible asset to the company. A trademark protects your brand
and holds that goodwill which leads consumers to, or back to, your original product
or service.
3. Reason #3: Cut the Counterfeiting
A novel and attractive product can be reproduced and commercialized as an
imitation or counterfeit of the original product. IP protection helps deter
counterfeiters and may even stop that counterfeited product at the border by means
of effective customs legal actions based on those original IP rights.
WHY IT SHOULD BE PROTECTED

23. INTELLECTUAL PROPERTY LAW IN INDIA
• The Patents Act, 1970 (as amended up to Patents (Amendment) Act,
2005) (2013)
• The Copyright (Amendment) Act, 2012 (2012)
• The Trade Marks (Amendment) Act, 2010 (2010)
• The Competition (Amendment) Act, 2009 (2009)
• The Competition (Amendment) Act, 2007 (2007)
• Patents (Amendment) Act, 2005 (Act No. 15 of 2005) (2005)
• The Semiconductor Integrated Circuits Layout-Design Act,
2000 (2004)
• The Trade Marks Act, 1999 (2003)

24. INTELLECTUAL PROPERTY LAW IN INDIA
• The Geographical Indications of Goods (Registration and Protection)
Act, 1999 (2003)
• Patents (Amendment) Act, 2002 (2002)
• Protection of Plant Varieties and Farmers' Rights Act, 2001 (2001)
• The Designs Act, 2000 (2000)
• Copyright (Amendment) Act, 1999 (Act No. 49 of 1999) (1999)
• Patents (Amendment) Act, 1999 (1999)
• Copyright Act, 1957 (as consolidated up to Act No. 49 of 1999) (1999)
• Copyright (Amendment) Act, 1994 (1994)

25. INTELLECTUAL PROPERTY CASES
NAPSTER
In one of the Internet's the most well-known intellectual property cases, the
Recording Industry Association of America (RIAA) sued Napster, a file-sharing site.
Founded in 1999, Napster allowed users to share music files and thousands of
people began downloading songs for free rather than buying CDs.
However, Napster did not own the rights to the music that people were uploading to
its servers, where the music was stored and ultimately shared. The rights were
owned by the recording artists and recording studios. The RIAA sued Napster and
won, causing Napster to close its doors—or its servers, as the case may be. Napster
now operates as a fee-based music download site and pays licensing fees for the
music it sells.

26. Apple Computer, Inc. v. Microsoft Corporation
Apple is no stranger to the courtroom — in 1988, Apple Computers filed a lawsuit seeking
to stop Microsoft and Hewlett-Packard from selling computers with graphical user
interfaces similar to Apple’s LISA computer and its Macintosh OS. Apple did actually
license Microsoft to use many of the 189 individual elements they claimed were taken, but
Microsoft’s decision to add features to its own OS that closely mirrored the Macintosh OS
was what lead to the six-year long court battle. Apple tried to claim that the ‘look and feel’
of Microsoft’s OS should be the focus of the copyright infringement, but the court
disagreed, and instead focused on the individual elements of the GUI, thereby avoiding
setting a precedent for ‘look and feel’ copyright claims and making analytical dissection the
basis for UI cases. Apple lost the case as the court felt all of the similarities sprung from
licensing or obvious expression, though the bad blood between the two companies did not
last long — by 1997, they had agreed to work together and entered into a patent cross-
licensing agreement.