This document provides an overview of intellectual property rights (IPR), including the different types of IPR and their importance. It discusses movable, immovable, and intellectual property. The main types of intellectual property covered are copyrights, patents, trademarks, designs, and trade secrets. The document outlines eligibility requirements, term lengths, rights conferred, and limitations for each type of IPR. International agreements governing IPR are also mentioned. Overall, the document serves as a high-level introduction to various aspects of intellectual property law and protection.
This is a brief intro to Trade Secret law.
This presentation includes:
• A definition of Trade Secrets.
• Description of “Negative” Trade Secrets.
• How long do Trade Secrets last?
• Legal protection for Trade Secrets.
• How do you file a Trade Secret? (Spoiler: you don’t.)
• How to protect Trade Secrets.
• What happens when a Trade Secret is breached?
• Trade secret licensing.
A detail discussion on Trademark law in India and landmark cases relating to trademark infringement, passing off action and remedies thereof have been discussed in this ppt. Illustrations have been provided wherever necessary for more understanding.
A Patent is an intellectual property right relating to inventions and is the grant of exclusive right, for limited period, provided by the Government to the patentee, in exchange of full disclosure of his invention, for excluding others, from making, using, selling, importing the patented product or process producing that product for those purposes.
This is a brief intro to Trade Secret law.
This presentation includes:
• A definition of Trade Secrets.
• Description of “Negative” Trade Secrets.
• How long do Trade Secrets last?
• Legal protection for Trade Secrets.
• How do you file a Trade Secret? (Spoiler: you don’t.)
• How to protect Trade Secrets.
• What happens when a Trade Secret is breached?
• Trade secret licensing.
A detail discussion on Trademark law in India and landmark cases relating to trademark infringement, passing off action and remedies thereof have been discussed in this ppt. Illustrations have been provided wherever necessary for more understanding.
A Patent is an intellectual property right relating to inventions and is the grant of exclusive right, for limited period, provided by the Government to the patentee, in exchange of full disclosure of his invention, for excluding others, from making, using, selling, importing the patented product or process producing that product for those purposes.
the slide include all aspects of IPR in india.
-Basics of IPR
-IPR regime in Indian Constitution
-procedure of application
-Current issues related to IPR
-India's Changing IPR and Effects
-Personalities of Indian IPR
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
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.
Trips
Introduction
Basic principles of TRIPS
Types of Intellectual Property Rights (addressed in the TRIPS agreement)
Overview of the TRIPS agreement
Public policy implications
Provisions relating to developing countries
Conclusion
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9. Literary, artistic and scientific works
Performances of performing artists,
phonograms and broadcasts
Inventions in all fields of human endeavor
Scientific discoveries
Industrial designs
Trademarks, service marks and commercial
names and designations
Protection against unfair competition
9
10. Idea + Expression = COPYRIGHT
Idea + Innovation + Invention = PATENT
Idea + Quality + Identity =TRADEMARK
Idea + Appearance = DESIGN
10
11. Intangible
Transferable
Territorial
Quid pro quo
Limitations and exceptions
Time-bound
Exclusive right / Monopoly
IP and Competition Law:- contradictory theory
11
12. Paris Convention for the Protection of
Industrial Property 1883
Berne Convention for the Protection of
Literary and ArtisticWorks 1886
International Union for NewVarieties of
Plants (UPOV) 1961, 1972, 1978 and 1991
Convention on Biodiversity, 1992
Agreement onTrade RelatedAspects of
Intellectual Property Rights 1994
InternetTreaties 1996
12
13. Copyright and related rights
Industrial property
Patents
Industrial designs
Trade marks & geographical indications
Layout designs/topographies integrated
circuits
Trade secrets
Protection of new plant varieties
13
16. The CopyrightAct, 1957
The Patents Act, 1970
The Designs Act, 2000
TheTrade Marks Act, 1999
The Geographical Indications of Goods
(Registration and Protection) Act, 1999
The Semiconductor Integrated Circuits Layout-
Design Act, 2000
The Protection of PlantVarieties and Farmers’
Rights Act, 2001
16
17. Original literary, dramatic, musical and
artistic works
Cinematograph films
Sound recordings
17
18. Moral rights
▪ Right of authorship
▪ Right of integrity
▪ Inalienable rights
Economic rights
▪ To reproduce the work in any material form
▪ To issue copies of the work
▪ To perform the work in public,
▪ To make any translation or adaptation of the work
▪ To sell or give on hire.
18
19. Automatic creation.
Advantages of copyright registration
Public record created
Can sue if infringed.
Term of copyright
60 years
19
20. What is a patent?
Patent is a monopoly right granted by the State to
exclude others from exploiting or using a
particular invention.This exclusive monopoly
granted by a Patent is provided in return for the
inventor disclosing the details of the invention to
the public.
Term of a Patent ?
▪ 20Years
20
21. Novelty:
Prior Art
Inventive Step:
obvious to a person with ordinary skill in the art
Industrial Application:
21
22. (j)"invention" means a new product or process involving
an inventive step and capable of industrial application;
(ja) "inventive step" means a feature of an invention that
involves technical advance as compared to the existing
knowledge or having economic significance or both and
that makes the invention not obvious to a person skilled in
the art;
(l) "new invention" means any invention or technology
which has not been anticipated by publication in any
document or used in the country or elsewhere in the world
before the date of filing of patent application with
complete specification, i.e., the subject matter has not
fallen in public domain or that it does not form part of the
state of the art; 22
23. a. Frivolous
b. Contrary public order or morality ;
c. The mere discovery of A scientific principle ;
d. Mere discovery of any new property or new
use
e. Mere admixture
f. The mere arrangement or re-arrangement
or duplication
g. .
h. A method of agriculture or horticulture; 23
24. i. Any process for the medicinal, surgical,
curative, prophylactic diagnostic,
therapeutic
j. Plants and animals in whole or any part
thereof other than micro organisms but
including seeds, varieties and species and
essentially biological processes for
production or propagation of plants and
animals;
k. A mathematical or business method or A 24
25. l. A literary, dramatic, musical or artistic work
or any other aesthetic creation whatsoever
including cinematographic works and
television productions;
m. A mere scheme or rule or method of
performing mental act or method of playing
game;
n. A presentation of information;
o. Topography of integrated circuits;
p. An invention which in effect, is traditional 25
26. No patent shall be granted in respect of an
invention relating to atomic energy .
26
28. (1) After the expiration of three years
(a) reasonable requirements
(b) not available at a reasonably affordable price
(c) not worked in the territory of India.
28
30. Features of shape, configuration, pattern or
ornaments.
Three-dimensional features, such as the
shape or configuration of an article, or of
Two-dimensional features, such as patterns
or ornaments.
Term
10 years initially.
+5 years renewable .
30
31. not new or original
disclosed to the public
not significantly distinguishable
scandalous or obscene matter
contrary to public order or morality
31
32. Word
Device
Label
Letters or numerals or any combination thereof.
Combination of colors
Sound marks
Shape of goods or their packaging
Marks constituting a 3- dimensional sign.
Applied to articles of commerce
Territorial
10 years -- can be renewed indefinitely
32
33. Marks on goods
Service marks
Certification trademark
Collective marks
Well known marks
Trade names
33
36. Invention
Idea
Survey Method
Manufacturing Process
Experiment Results
Chemical Formula
Recipe
Financial Strategy
Client Database
Etc……
36
37. Not patentable;
Un-limited life
Cost
Difficult to reverse engineer
37
38. NewVarieties
Novelty, Distinctiveness, uniformity and stability
Extant varieties
Distinctiveness, uniformity and stability
Persons who can Register
Breeders, farmers, universities, agricultural
institutes
Period of protection
15 years for annual crops;
18 years for trees and vines 38
39. Good fences make good neighbors:
Filing First is the rule
Encourages
innovation
product development
technical change
Monetary gains to inventors.
Greater inflows of technology
Reduces imports
39