As we know , Biotechnology & Bioinformatics are the growing fields in INDIA , hence the people should get aware of each and every prospective of copyright , trademarks & trade secrets.

1. Institute For Excellence In Higher Education
Bhopal
Topics : Copyright ,
Trademarks &
Trade secrets ….
-- Vaishnavi Solanki
IEHE , BHOPAL

2. What is Intellectual Property ?
Intellectual property right is an intangible
creation of the human mind, usually
expressed or translated into a tangible
form that is assigned certain rights of
Property.
• Examples of intellectual property :
 Include an author’s copyright on a book.
 A distinctive logo design representing a company
and its products.
 Unique design elements of a website.
 A patent on the process to manufacture.

4. Copyright ….
The term original in the copyright law means that the work
originated with the author / creators.
Definition :
• The Bundle of exclusive rights granted to the authors /
creators of original works of expression that are fixed into a
tangible medium.
• The Copyright Act 1957
( as amended by the Copyright Amendment Act 2012) governs
the subject of copyright law in India .

5. Duration of copyright :
• Author’s lifetime + 50 years from the end of the calendar year in
which the author / copyright holder dies ,
• Copyright protection always expires on December 31st of the last
calendar year of protection.
• Example :
• In Biotechnology, the copyright may cover DNA sequence data that
may be published.

6. Registration of ©opyright :

7. Disadvantages of copyright :
• The copy right is limited both in time and extent.
• Does not prevent another person from using either idea
or the information contained in a copyright.

8. Trademark
Service trademark

9. Trademark Definition :
• Any word , symbol or device (or combination) that differentiates a
company or individual’s product and services from competitors.
• It covered under the Act called Trade Marks Act , 1999.
• Symbol helps the consumer to identify products of a particular
company.
• Mark must be used in connection with public distribution of goods or
services to secure legal rights.

10. •TM – Intent to use application filed for product .
•SM - Intent to use application filed for services .
• ® - Registered Trademark
• Trade mark is valid for 10 years from the date of application which
may be renewed for further period of 10 yrs on payment of prescribed
fees.
• Service mark Rights are reserved exclusively for owners for
17 year & it can also be renewed.

11. What kinds of trademarks can be registered ?
• The possibilities are almost limitless.
• Trademark may be one or a combination of words,
letters, and numbers.
• They may consist of drawing , symbols, three –
dimensional signs such as the shape and packaging of
goods , colors , slogan used as distinguished features.

14. Registration procedure :
 Application for search.
 Application for registration.
 Examination of trademark.
 Advertisement of trademark.
 Filing of opposition.
 certificate issued.

15. Trade Secret

16. Trade secret …
• Trade secret is any information that gives a company a
competitive edge over competitors and which the
company maintains a secret and away from public
knowledge.
• There is no need of registration for trade secret.
• Trade secret protection may be the only viable form of IP
protection available for biological sequences.

17. Advantages :
• They are for unlimited duration.
• It is not necessary to satisfy the rather stringent
requirements for protection under patents.
• The risk of someone improving upon the product ,
process ,etc . is minimised.

18. Take action against
Infringements ……..

19. What constitutes
Infringement ?
• Any reproduction , use, distribution, performance , etc. of the
work without the permission of the owner.
• An identical or substantial similar reproduction is also
covered.
• For copyright – Punishable with imprisonment upto 3 years
and fined as per the claims.
• For trademarks – A permanent bans on engaging in
commercial activities & imprisonment not less then 6 months
to 3 years.
• When infringer was unaware that things were protected
called Innocent Infringement.

20. Conclusion :
• Biotechnology , Bioinformatics are the growing field in INDIA ,
hence the people should get aware of each and every
prospective of copyright , trademarks , trade secrets &
patents.
• Create yourself ,
rather than using other’s creations.