Unit 5 - Intellectual Property Rights

for
Open Educational Resource
on
BM229-Principles of Management, Industrial Economics & IPR
by
Piyush Charan
Assistant Professor
Department of Electronics and Communication Engg.
Integral University, Lucknow
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

IPR
• What do you mean by IPR??
• Its “INTELLECTUAL PROPERTY RIGHTS”.
• Intellectual property right means rights to the
intellectual property.
5/29/2020 2OER on “Intellectual Property Rights (IPR)" by Piyush
Charan, Deptt of ECE, Integral University, Lucknow.

IPR
5/29/2020
OER on “Intellectual Property Rights (IPR)" by Piyush
3

Definition of IP
Intellectual property (IP) is the name given to
property arising out of human intellectual
effort.
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The output of human
intellectual effort often
manifests itself as new or
original knowledge or
creative expression which
adds a desirable quality to a
marketable product or
service.
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IPR
 What is IP?
 A property generated by the intellectual, capability of
an individual or a group of individuals
The IP system is the best available tool for creating and
maintaining exclusivity over creative and innovative
output in the market place.
What is IPR?
 The legal rights on the above generated property
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Intellectual property refers to creations of the mind:
► Inventions,
► literary,
► Artistic works,
► Designs used in commerce,
► Symbols,
► Names,
► Images.
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Characteristics of IP
► A key characteristic of any property is that the owner
of property has the exclusive authority to determine
how that property is used.
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5/29/2020 9
Physical Property
(Tangible or Material)
Intellectual Property
(Intangible or Immaterial)

10
Physical Property
In both the case the
owner has exclusive
right to determine
how it is used.
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11
Physical Property
Can only be used by one
or a limited number of
people at a given time.
Can be used by various
people at the same time
(including the owner or
creator).
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12
Physical Property
Has economic value as
long as it exists or as long
as there is demand for it.
Has economic value only
for the duration specified
in the laws and as long as
there is demand for it.
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13
Physical Property
Possibility of theft and
disputes concerning
ownership is rather
limited.
Greater possibility of theft
and disputes concerning
ownership.
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14
Physical Property
Theft occurs only if the
possession of the
property changes hands.
Theft occurs if the property
is copied, imitated,
adapted, translated, used,
displayed, etc. without
permission of the owner or
creator.
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15
Physical Property
In both the cases
Expenditure or
income from the
property may be
subject to taxation.
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16
Physical Property
Both the properties
May be valued and
reflected on account
books and balance
sheets.
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17
Physical Property
Both the properties
May be securitized
and used as
collateral for
borrowing money
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18
Physical Property
Both the
properties May
be insured.
5/29/2020

2 types of property:
 Physical Property
• The owner has exclusive rights to determine
how to use it.
• Can be used by one or a limited no of people
at a given time.
• It has economic value as long as there is a
demand for it.
• Possibility of theft and disputes concerning
ownership is limited.
• Expenditure and income from the property
may be subject to taxation
• May be insured
 Intellectual Property
• The owner has exclusive rights to determine
how to use it
• Can be used by various people at the same
time (incl. owner/creator)
• It has economic value only for the duration
specified in law & demand
• Greater possibility of theft and disputes
concerning ownership.
• Expenditure and income from the property
may be subject to taxation
• May be insured
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• Intellectual property, very broadly, means the legal rights which
result from intellectual activity in the industrial, scientific, literary
and artistic fields.
• Countries have laws to protect intellectual property for two main
reasons.
– One is to give statutory expression to the moral and economic rights of
creators in their creations and the rights of the public in access to those
creations.
– The second is to promote, as a deliberate act of Government policy,
creativity and the dissemination and application of its results and to
encourage fair trading which would contribute to economic and social
development.
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• IPs are an intangible assets
• Intellectual property law aims at safeguarding
creators and other producers of intellectual goods
and services by granting them certain time-limited
rights to control the use made of those productions
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• IP systems are manmade systems.
• The amount of variation is huge.
• In IP, the operative words are earlier, before, prior,
ahead, previous, etc.
– One who created, invented, implemented, etc first,
the IP right would be with him/her.
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• Intellectual property refers to
creation of the mind: Inventions, literary, and artistic work, and
symbols, names, images, and designs used in commerce.
• IP is divided in two categories:
– Industrial property: patents, trademarks, industrial design,
and geographical indication.
– Copyright: literary works such as novels, poems, and plays,
films, musical composition, artistic work as drawing,
painting, photographs and sculptures and architectural
designs.
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INTELLECTUAL PROPERTY
INDUSTRIAL PROPERTY COPYRIGHT
PATENTS
TRADEMARKS
INDUSTRIAL DESIGN
GEOGRAPHICAL INDICATION
TRADE SECRETS
LITERARY WORKS
ARTISTICS WORKS
5/29/2020
OER on “Intellectual Property Rights (IPR)"
by Piyush Charan, Deptt of ECE, Integral
University, Lucknow.
24

Types of IP Rights
• Trademarks (Brands)
• Geographical Indications
• Industrial Designs
• Patents and Utility Models
• Copyright and Related Rights
• Trade Secrets
5/29/2020
25

Patents
• A patent is an exclusive right granted for an invention, which
is a product or a process that provides a new and non-obvious
way of doing something, or offers a new and non-obvious
technical solution to a problem.
5/29/2020 26
OER on “Intellectual Property Rights (IPR)" by
Piyush Charan, Deptt of ECE, Integral University,
Lucknow.

Example: Ring-pull Cans
The inventor licensed the system to Coca-Cola at 1/10 of a penny per can.
During the period of validity of the patent the inventor obtained 148,000
UK pounds a day on royalties.
Patents
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Trade Mark
• A trademark is a sign or any combination of signs,
capable of distinguishing a product or service from
other products or services on the market.
5/29/2020 28
Lucknow.

Industrial Designs
• An industrial design (or simply a design) is the
appearance of the whole or part of a product
resulting from features of, in particular, the lines,
contours, colours, shape, texture and/or materials
of the product itself and/or its ornamentation.
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Lucknow.

Trade Secrets
• Trade secrets or confidential business information are
any information that can be used in the operation of a
business and that is sufficiently valuable and secret to
afford economic advantage over others
5/29/2020 30
Lucknow.

Geographic Indications
• A geographical indication is a sign used on goods
that have a specific geographical origin and
possess qualities or reputation that are due to
their place of origin.
5/29/2020 31
Lucknow.

Copyright
• Copyright describes a bundle of rights given to creators in
relation to their literary and artistic works. It protects items
such as paintings, drawings, sculptures, photographs
,architecture, instruction manuals, software, databases,
technical documentation, advertisements ,maps ,literary
works, music, films or songs.
Music Films
Literary
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There are three kinds of “related rights”:
Rights
of performers
• Actors
• Musicians
• Singers
• Dancers
… or generally people
who perform in
their
performances;
Rights of producers of
sound recordings
(also called
phonograms) in their
recordings (cassette
recordings, compact
discs, etc.);
Rights of
broadcasting
organizations in their
radio and television
programs and in
Internet broadcasts
such as ‘podcasts’.
What are Related Rights?
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33

Different ways to protect IP:
Innovative products and processes Protected by Patents & Utility Models.
Creative designs, including textile designs Protected by Industrial Designs.
Brands Protected by Trade Mark Protection
Denominations for goods of a given quality or
reputation attributable to the Geographical
origin
Protected by Geographical Indication
Undisclosed information of commercial value Protected by Trade Secrets.
Cultural, artistic & literary works including in
most countries, computer software and
compilation of data
Protected by Copyright, & Related Rights
5/29/2020 34
Lucknow.

One product many IP rights:
• The are many products which individually has many IP rights
like:
• CD Player
1. Technical features - Patent
2. Embedded computer programme
– copyright
3. Aesthetic design
– Industrial design
4. Brand – trademark
5. confidential information
– Trade secrete
5/29/2020 35
Lucknow.

One product many IP rights:
• The are many products which individually has
many IP rights like:
– Godrej Ezee:
• Patent, trade secrete
• Shape of bottle
• Design of bottle
• Brand
• Label
5/29/2020 36
Lucknow.

Characteristics :
1. IP does have commercial value like physical property,
expenditure or income from IP may be subject to taxation.
2. The owner of the property has the exclusive authority to
determine how that property is used.
3. IP has value only for the duration for which law allows.
4. Intellectual output can potentially be used or enjoyed by an
unlimited number of people.
5. Fees charged to use to IP asset is called Licensing of IPRs.
6. There are more chances of theft and disputes concerning
ownership and use of IP.
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Limitations:
1. Rights exist for a limited period.
2. Rights are restricted geographically.
3. Rights are limited by subject matter.
4. Rights are potentially limited by competition
and free movement required.
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• The Paris convention for protection of industrial property came into existence
in 1883, it dealt with Patent, TM, designs, etc and not copyright. India is not a
part of it.
• TRIPS Agreement – (Trade Related Aspects of Intellectual Property Rights) has
adopted the provision of Paris convention in that nationals of signatory
country. India is a member of it.
• The Berne convention -1886 was the first international convention on
copyright, India is a member of it.
• In 1947 the General Agreement on Tariffs and Trade (GATT) came into
existence.
• WTO- World Trade Organization came into existence in 1995, WTO agreement
is a package deal, the member countries have to accept all of the agreement.
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Some of the treaties & conventions dealing with
patents, trademark, copyright are:
– Washington treaty on intellectual property in respect of integrated circuits(1989)
– Trade mark law treaty(1994)
– Patent co-operation treaty(1970)
– Budapest treaty on international recognition of the Deposit of Micro-organism for
the purpose of Patent Procedure(1977)
– Madrid agreement concerning the international registration of marks(1891)
– Locarno agreement establishing an international classification for industrial
designs(1968)
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5/29/2020 42
OER on “Intellectual Property Rights (IPR)"
by Piyush Charan, Deptt of ECE, Integral
University, Lucknow.

Unit 5 - Intellectual Property Rights

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