This presentation provides information on intellectual property rights (IPR) and its other constituents such as copy rights, patents, trade marks, geographical indicators etc.
This presentation provides information on intellectual property rights (IPR) and its other constituents such as copy rights, patents, trade marks, geographical indicators etc.
Introduction To Intellectual Property: Role of IP in the Economic and Cultural Development of the Society,
IP Governance, IP as a Global Indicator of Innovation, Origin of IP History of IP in India. Major Amendments in
IP Laws and Acts in India.
Patents: Conditions for Obtaining a Patent Protection, To Patent or Not to Patent an Invention. Rights
Associated with Patents. Enforcement of Patent Rights. Inventions Eligible for Patenting. Non-Patentable
Matters. Patent Infringements. Avoid Public Disclosure of an Invention before Patenting. Process of Patenting.
Prior Art Search. Choice of Application to be Filed. Patent Application Forms. Jurisdiction of Filing Patent
Application. Publication. Pre-grant Opposition. Examination. Grant of a Patent. Validity of Patent Protection.
Post-grant Opposition. Commercialization of a Patent. Need for a Patent Attorney/Agent. Can a Worldwide
Patent be Obtained. Do I Need First to File a Patent in India. Patent Related Forms. Fee Structure. Types of
Patent Applications. Commonly Used Terms in Patenting. National Bodies Dealing with Patent Affairs. Utility
Models.
Process of Patenting. Prior Art Search. Choice of Application to be Filed. Patent Application Forms.
Jurisdiction of Filing Patent Application. Publication. Pre-grant Opposition. Examination. Grant of a Patent.
Validity of Patent Protection. Post-grant Opposition. Commercialization of a Patent. Need for a Patent
Attorney/Agent. Can a Worldwide Patent be Obtained. Do I Need First to File a Patent in India. Patent Related
Forms. Fee Structure. Types of Patent Applications. Commonly Used Terms in Patenting. National Bodies
Dealing with Patent Affairs. Utility Models.
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.
IN THIS PRESENTATION WE DISCUSS THE FOLLOWING:-
-Concept of IPR
-History of IPR
-Rights related to IPR
-Branches of IPR
-Emerging issues in IPR
-Benefits of IPR
-Conclusion
India is a country of versatility, diverse culture, and complex social dimensions. India has been a country of agriculture, and even in today’s era, the majority of the population relies on agriculture for their livelihood; however, despite all these facts, India has seen a tremendous growth and change in economy, science and technology, education, and so on. In the process of development, invention and innovation have gained immense importance, which have resulted in application of inventions and innovations in the form of technology. In this background, the legal protection for the inventors arises, which is being catered by intellectual property rights (IPR) in the whole world as well as India. In Indian context, the IPR has not yet reached every business organization because the word IPR has always been misunderstood by most of the people that it is meant only for science and scientific inventions, but the fact is IPR’s applicability is much wider and it is applicable even to the smallest businesses. In the entire world, China is a nation which has the highest number of IPR grants, followed by USA. IPR in the present situation is very prominent and relevant because changes in industries like telecommunication, computer science, and so on are in the frontline and India is not lagging in invention and innovations. In 2021, out of the total number of applications received, China has the major contribution, which amounts to 40%. But very shockingly, India is not even in the top 10, which hints us that India needs to be vigilant and needs more attention of IPR. This research article speaks on how India is progressing in applicability of IPR and why India is not extensively using the provisions of IPR. We all know that IPR includes various elements like patents, copyrights, and trademarks; geographical indicators; industrial design; and utility models. But to be more precise and detailed, we have narrowed down our study only to patents in India, and even in that, we have considered patent applications, patent grants, and patents in force. It is to be noted that India’s economy is vibrant and dynamic. An economy like India is truly in need of extensive use of IPR and its provision to protect the rights of the real owner and inventor. But most of the population is ignorant about the IPR, so we are making an attempt to understand what is India’s position in IPR and its applicability. To narrow down our research, we have confined our study to only patents. In a further study, we can analyze how we can improve the awareness, and it may also help us in updating of IPR laws and its provisions.
Introduction To Intellectual Property: Role of IP in the Economic and Cultural Development of the Society,
IP Governance, IP as a Global Indicator of Innovation, Origin of IP History of IP in India. Major Amendments in
IP Laws and Acts in India.
Patents: Conditions for Obtaining a Patent Protection, To Patent or Not to Patent an Invention. Rights
Associated with Patents. Enforcement of Patent Rights. Inventions Eligible for Patenting. Non-Patentable
Matters. Patent Infringements. Avoid Public Disclosure of an Invention before Patenting. Process of Patenting.
Prior Art Search. Choice of Application to be Filed. Patent Application Forms. Jurisdiction of Filing Patent
Application. Publication. Pre-grant Opposition. Examination. Grant of a Patent. Validity of Patent Protection.
Post-grant Opposition. Commercialization of a Patent. Need for a Patent Attorney/Agent. Can a Worldwide
Patent be Obtained. Do I Need First to File a Patent in India. Patent Related Forms. Fee Structure. Types of
Patent Applications. Commonly Used Terms in Patenting. National Bodies Dealing with Patent Affairs. Utility
Models.
Process of Patenting. Prior Art Search. Choice of Application to be Filed. Patent Application Forms.
Jurisdiction of Filing Patent Application. Publication. Pre-grant Opposition. Examination. Grant of a Patent.
Validity of Patent Protection. Post-grant Opposition. Commercialization of a Patent. Need for a Patent
Attorney/Agent. Can a Worldwide Patent be Obtained. Do I Need First to File a Patent in India. Patent Related
Forms. Fee Structure. Types of Patent Applications. Commonly Used Terms in Patenting. National Bodies
Dealing with Patent Affairs. Utility Models.
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.
IN THIS PRESENTATION WE DISCUSS THE FOLLOWING:-
-Concept of IPR
-History of IPR
-Rights related to IPR
-Branches of IPR
-Emerging issues in IPR
-Benefits of IPR
-Conclusion
India is a country of versatility, diverse culture, and complex social dimensions. India has been a country of agriculture, and even in today’s era, the majority of the population relies on agriculture for their livelihood; however, despite all these facts, India has seen a tremendous growth and change in economy, science and technology, education, and so on. In the process of development, invention and innovation have gained immense importance, which have resulted in application of inventions and innovations in the form of technology. In this background, the legal protection for the inventors arises, which is being catered by intellectual property rights (IPR) in the whole world as well as India. In Indian context, the IPR has not yet reached every business organization because the word IPR has always been misunderstood by most of the people that it is meant only for science and scientific inventions, but the fact is IPR’s applicability is much wider and it is applicable even to the smallest businesses. In the entire world, China is a nation which has the highest number of IPR grants, followed by USA. IPR in the present situation is very prominent and relevant because changes in industries like telecommunication, computer science, and so on are in the frontline and India is not lagging in invention and innovations. In 2021, out of the total number of applications received, China has the major contribution, which amounts to 40%. But very shockingly, India is not even in the top 10, which hints us that India needs to be vigilant and needs more attention of IPR. This research article speaks on how India is progressing in applicability of IPR and why India is not extensively using the provisions of IPR. We all know that IPR includes various elements like patents, copyrights, and trademarks; geographical indicators; industrial design; and utility models. But to be more precise and detailed, we have narrowed down our study only to patents in India, and even in that, we have considered patent applications, patent grants, and patents in force. It is to be noted that India’s economy is vibrant and dynamic. An economy like India is truly in need of extensive use of IPR and its provision to protect the rights of the real owner and inventor. But most of the population is ignorant about the IPR, so we are making an attempt to understand what is India’s position in IPR and its applicability. To narrow down our research, we have confined our study to only patents. In a further study, we can analyze how we can improve the awareness, and it may also help us in updating of IPR laws and its provisions.
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3. What is IPR?
The literal meaning:
Intellectual: relating to the ability to think and understand ideas at a high level
Property: a thing or things belonging to someone
Rights: a moral or legal entitlement to have or do something
Intellectual Property refers to creation of mind i.e. inventions, industrial designs for article,
literary & artistic work, symbols etc. Rights which can be used for protecting different aspects
of an inventive work for multiple protection.
Outlined in Article 27 of the Universal Declaration of Human Rights.
IPR are largely territorial rights except copyright, which is global in nature.
IPR can be assigned, gifted, sold and licensed like any other property.
4. Types
Two categories: Industrial property & Copyright.
•Industrial property: Trademarks, Patents etc.
•Personal property: Copyright of Artistic works, Literary works etc..
includes the following independent IP rights:
• Patents
• Copyrights
• Trademarks
• Registered ( industrial) design
• Geographical indications, and
• Protection of undisclosed information
9. Patents
An exclusive right granted by a country to the owner of an invention to make,
use, manufacture and market the invention
The patent right is territorial in nature.
Patents provide incentives to individuals by recognizing their creativity & these
incentives encourage innovation.
India is a member-state of Word Intellectual Property
Organisation (WIPO), Paris Convention, Patent Cooperation, Treaty and
Budapest Treaty.
10. Patents In India
The Patents Act, 1970 (No. 39 of 1970) as amended by the Patents
(Amendment) Act, 2005.
Patent Offices, under the Department of Industrial Policy & Promotion, Ministry
of Commerce & Industry .
Patent Offices are located at Kolkata, Mumbai, Chennai and Delhi to deal with
the applications for patents.
Patent Information System (PIS) & Intellectual Property Training Institute (IPTI)
located at Nagpur.
16. Trademarks
A distinctive sign that provides to the owner of the mark by ensuring the exclusive right to
use it to identify goods or services.
Well-known, Associated trademarks, Service marks, Certification Trademarks, Collective
Marks.
Term of Registered Trademark: 10 years and Renewable.
To register a trademark: appropriate national or regional trademark office. WIPO administers
an international registration system for trademarks.
20. Copyrights
Copyright is a legal concept, enacted by most governments, that grants the creator of an
original work exclusive rights to its use and distribution.
A right, which is available for creating an original literary or dramatic or musical or artistic work.
In India, The Copyright Act, 1957 as amended in 1983, 1984, 1992, 1994 and 1999 is available.
Registration can be done at the Office of the Registrar of Copyrights in New Delhi.
Protection for the expression of an idea and not for the idea itself.
The owner may assign to any person the copyright.
Giving owner, incentives in the form of recognition and fair economic reward increases their activity .
The work is open for public inspection once the copyright is registered.
A provision of ‘fair use’ in the law, which allows copyrighted work to be used for teaching and research and
development
23. Geographical Indication
A sign used on goods that have a specific geographical origin and possess
qualities or a reputation due to that place of origin.
Registration of a GI: 10 years & renewable.
The Geographical Indication of Goods (Registration and Protection) Act came
into being in 2000.
Imprisonment for a term between 6 months to 3 years and a fine between
50000 rupees to 2 lakh rupees in Act.
24.
25. CONCLUSION
• Intellectual property rights reward creativity and human endeavour,
which fuel the progress of humankind.
• Understanding the country’s IP Rights and following the best practices
can drastically reduce the risk of losing the company’s intellectual property
.
• Indian government has initiated various steps towards
Intellectual Properties Rights Protection.