Intellectual Property refers to creation of mind i.e. inventions, industrial
designs for article, literary & artistic work, symbols etc. used in commerce.
Intellectual property is divided into two categories:
1. Industrial property
A patent is a set of exclusive rights granted by a country to an inventor for a
limited period of time, in exchange for the public disclosure of the invention.
WHAT IS PATENTABLE INVENTION:
Novelty : The matter disclosed in the specification should not be published else ware.
Inventive Step: The invention is not obvious to a person skilled in the art.
Industrially applicable: Invention should possess utility, so that it can be used in an
Period of Patents - 20 Years
Cost Filing a patent – Rs.1,000 to Rs.10,000
Time for Approval of Patent – 1 To 5 years
During 2010-11, 39,400 patent applications were filed there is an increase
around 15% as compared to the previous year of 34287. The Patent Office
granted 7509 patents, 5186 were abandoned and 54 patent applications
were refused after examination and 102 applications were deemed to be
Patents are amended under Patents Act 1970.
A trademark is a recognizable sign, design or expression which identifies
products or services of a particular source from those of others.
Trade Mark can be of:
sign , words, letters, numbers,
drawings, pictures, emblem,
colours or combination of colours,
shape of goods,
graphic representation or packaging or
any combination of the above
Period of trademark - 10 Years renewed indefinitely
Cost for registering a trademark – Rs.2,500
In the year 2010-11, 179317 trademark applications were filed. As compared to
the previous year there has been an increase of about 26.33%. The trademark
Office registered around 115472 trademarks.
Trademark are amended under Trade Marks Act, 1999.
Function of a Trade Mark
It identifies the goods / or services and its origin.
It guarantees its unchanged quality.
It advertises the goods/services.
It creates an image for the goods/ services.
Design imparts the visual appeal to an object and it serves to differentiate it
from other products in the same category.
‘Design’ means only the features of shape, configuration, pattern or
ornament or composition of lines or colour or combination of the above.
Industrial designs refer to creative activity which result in the ornamental or
formal appearance of a product.
Design right refers to a novel or original design that is accorded to the
proprietor of a validly registered design.
The essential purpose of design law it to promote and protect the design
element of industrial production.
Period of Industrial designs - 10 Years + 5 years
Cost for registration of Industrial designs – Rs.1,000
In the year 2010-11, 7589 Industrial designs applications were filed. As
compared to the previous year there has been an increase of about
24.57 % . The Industrial designs Office registered around 6025 designs.
Industrial designs are amended under Designs Act, 2000.
Duration of copyright - lifetime of the author + until sixty years from the
beginning of the calendar year
Geographical Indications of Goods are defined as geographical indication
referring to a country or to a place situated therein as being the country or
place of origin of that product. Geographical Indications of Act, 1999
Trade dress refers to characteristics of the visual appearance of a product or its
packaging (or even the design of a building) that signify the source of the
product to consumers.
A trade secret is a formula, practice, process, design, instrument, pattern, or
compilation of information which is not generally known or reasonably
ascertainable, by which a business can obtain an economic advantage over
competitors or customers.
Copyright is a right given by the law to the creators of literary, dramatic,
musical and artistic works and producers of cinematograph films and sound
Copyright ensures certain minimum safeguards of the rights of authors over
their creations, thereby protecting and rewarding creativity.
Cost for application of Copyright– Rs.500 to Rs.40,000.
Copyright are amended under Copyright Act,1957.
Case study on Apple:
Since introducing the iPhone in 2007, Apple has sold over 500 million units to
become the second leading smartphone manufacturer in the world. Along the
way, the company has also filed nearly 1,300 patents and has entered into 479
lawsuits to protect the intellectual property (IP) behind the technology.
Jury finds wilful infringement by most Samsung devices for:
'381 patent ("bounce-back")
'915 patent ("single and multi-touch patent")
'163 patent ("enlarging/centering documents")
D'677 (iPhone front face design)
D'305 (GUI Icons)
D'087 (iPhone full front view with casing)
Trademark and Trade Dress of iPhone
Apple’s victory over Samsung in August 2012, for the latter’s infringement of
technology that controls screen responses to finger swipes and the overall look
and feel of the iPhone, is testament to just this. The battle between these two
rivals (and at times partners) culminated with the jury awarding Apple the
largest verdict ever in a patent infringement case - $1.05 billion.