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INTELLECTUAL PROPERTY

RIGHTS

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THINK AWAY FROM THE BOX

Generate Ideas…..And Own Them…..IPR !

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“The test of an innovation,

after all, lies not in its

novelty, its scientific content

or its cleverness. It lies in its

success in the market place”

Peter F. Drucker

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IP Evolution

Idea- property- Right

Intellect- property- Right

Idea- Expression- Copyright

Idea- Invention-Innovation- Patents

Idea- Quality-Identity- Trademark

Idea- Appearance- Design

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 Intellectual property (IP) is a legal concept which refers to creations of the mind for which exclusive rights are recognized.

Rights associated with intellectual property which gives legal protection is referred to as IPR (Intellectual property Rights)

INTRODUCTION

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*Intellectual Property Rights is defined, as a Right given to people over the Creations Of Their Minds.

*It usually gives the Creator an Exclusive Right over the Use of his Creations for a Certain Period Of Time.

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OBJECTIVES OF IPR

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.

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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Intellectual property, means the legal rights which result from intellectual activity in

literary, artistic and scientific works,

Performances of performing artists

Inventions in all fields of human endeavor

scientific discoveries

Industrial designs Trademarks, service marks and commercial names and

designations, protection against unfair competition.

Intellectual property rights

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IPR came into force from 1st January 1995 by WTO(World trade Organization) an agreement on trade related aspects.

Purpose: Intellectual property laws originate in the Constitution and common law. Creators of intellectual property are granted limited rights to control the use of their works.

Importance of intellectual Property Rights in India

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The agreement provides for standards in respect of following areas of intellectual property. Patents

Copyrights and related rights

Trade marks

Geographical indications

Industrial design

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Patent is the landmark in the industrial development in India.

Patents is the form of intellectual property.

Right granted by the country to the owner of the invention to MAKE, to USE, to MANUFACTURE and MARKET the invention.

PATENTS

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• The patent law typically provides the inventor 20 years from the date of application to exploit the invention before others may do so.

• A Patent has a time limit of 20years.

• The basic philosophy of this act is that patents are granted to encourage inventions and to ensure that these inventions are worked on a commercial sale.

• A patent is Restricted to the claims made in the application

Patent act:

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• NOVELITY.

• NON-OBVIOUSNESS.

• MARKETABILITY AND UTILITY.

Requirements for Patents:

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NOTE

*A patent has a time limit (20 years)

*A patent has a geographical limit

*A patent is restricted to the claims made in the application

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Copyright is the key branches of the Intellectual property law which protect the protection of ideas.

To gain a copyright the work should be original and it should be in the material form.

A copyright is effective on creation work.

Copyright act is similar to that of patents but it provides the author 70yrs of time duration from date of creation.

COPYRIGHT

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• It is of the type protected by the copyright under the act.

• It is recorded in some form.

• The work meets the requisite degree of the originality.

Requirements for Copyright:

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• Original Literary, dramatic, artistic or musical works.

• Sound recordings, films or broadcast.

• The typographical arrangement of published editions.

Works Protected by Copyrights:

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• Can copy the work.

• Issue copies of work to public.

• Rent or lend works to public.

• Perform show or play the work in pubic.

• Communicate the work to public.

OWNERSHIP:

The creator is the first owner.

JOINT OWNERSHIP:

More than one creator involving in the work.

Rights Granted by Copyrights:

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• Copyrights does not continue indefinitely.

• Duration of copyright.

Limitations of Copyright protections:

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Trade mark have been defined as any sign or any combination of signs capable of distinguishing goods or services of one undertaking from those of another undertakings.

TRADEMARKS

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Scenario for trade marks:

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The above example consists of the COCO COLA Bottle,

MCDONALS symbol as well as the logo of it , the ORANGE color, and the LOGO.

So the trade Marks are:

Name (from COCO CLA)

Logotype

Symbol(from MCDONALS)

Slogan(From MCDONALS)

Shape(COCO COLA)

Color

Description:

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Use of a person’s own name in the course of trade.

Use of descriptive terms to indicate the characteristics of goods or services.

Limitations by disclaimers.

Limitations for Trademark:

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A geographical indication is a sign used on goods that have a specific geographical origin and possess qualities, reputation or characteristics that are essentially attributable to that place of origin

GEOGRAPHICAL INDICATIONS

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What does geographical indications do?

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Example of geographical indications image:

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• The author had exclusive rights to his creation for a certain period of time so only he could distribute his work and profit from it.

• Copyrights have been extended for overly long periods

• Authors were more inclined to produce more works if they got exclusive compensation from them; so the public benefited by having more material available.

BENIFITS OF IRP:

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DRAWBACKS OF IPR*As it stands today, the public is not

receiving much in the way of expired copyrighted material to add to the public domain. And the copyrights are overly restrictive in many aspects. 

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