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INTELLECTUAL PROPERTY RIGHTS 1

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Page 1: Intellectual property right

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INTELLECTUAL

PROPERTY RIGHTS

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I

P

R

Creation of Human Mind

Scientific, industrial, Literary, artistic domains

In the form of invention, Manuscript, software, a business name

Intellectual

Property

Rights To control use of the same properties

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LEGAL DEFINTION OF IPR

Intellectual Property Rights are legal rights, which result from intellectual activity in industrial, scientific, literary & artistic fields.

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TYPES OF IPRs

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IPR

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PATENT

Governed by The Patents Act 1970

Now Patents Act 2005 Came into force on 1 January 2005

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PARTS OF DEFINTION

An exclusive right

Granted for an invention

Minimum time of 20 years Provides a new way of doing something or offers a new technical solution to a problem

Bringing a NEW

Idea

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CONDITIONS FOR AN INVENTION TO BE PATENTABLE

Novelty

Inventiveness

Usefulness

No prior disclosure of any information before the filling date

The feeling should not be there that the Practitioner can’t even think of that idea

The invention Must have some future utility

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INVENTIONS WHICH ARE PATENTABLE

Art, process, manner or method of manufacture

Machine, apparatus or any other articles Substances produced by manufacturer, which include any new and useful improvements of any 1 of them or

An alleged invention.

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INVENTIONS WHICH ARE PATENTABLE NOT

Inventions against morality or injurious to health. Mere discovery of a scientific principle.

A method for agriculture or horticulture

Inventions relating to atomic energy

Any new substance obtained by mere admixture

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ESSENTIAL DOCUMENTS TO BE SUBMITTED IN THE PROCESS OF PATENTING

Provisional Specification

Necessary Specification

Filed to establish the priority in the invention

Patent is not granted here

Time for Provisional Specification 12 months + 3 months grace period

1

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CONTENTS

Field of invention

Background including drawbacks

Description along with experimental results

Drawings etc. for understanding

Claims which prove the legal proprietorship of the invention

2

Complete or Final

Specification

Mandatory to be filed within 12 months

after the Provisional

specification

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WHERE TO APPLY ???

PATENT OFFICES IN

INDIA

DELHI MUMBAI CHENNAI KOLKATA(Head Office)

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HOW TO APPLY

overruled Accepted

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COPYRIGHT

Generally Copyright is a protection which protects the original creative expression of an idea

Sufficient amount of labor, judgement, capital and skill of the actual creator

LAST AMENDED IN 1999

The copyright act 1957

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NECESSARY CONDITIONS FOR COPYRIGHT PROTECTION

It is recorded in some form e.g. in writing, by a sound recording, on a computer disk or in a printed form.

Must meet the requisite degree of originality

If it is of a type protected under the copyright protection.

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WORKS PROTECTED BY COPYRIGHT

Original Literary, dramatic, musical and artistic works.

Sounds recording, films or broadcasts

Typographical arrangements of published editions.

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DURATION OF COPYRIGHTS

Literary, dramatic, musical and artistic works

Computer Generated Works

Sound Recordings

Broadcasts

Life of the author + 70 Years

50 Years

50 Years

50 Years

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COPYRIGHT INFRINGEMENT

Primary Infringement

Secondary Infringement.

When the exclusive rights of the author is performed by a party without the consent of the Author.

When Rights are distributed after performance

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TRADEMARKS

Sign or combination of signs capable of distinguishing a particular Good or service

(INDIAN TRADEMARKS ACT 1999)

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FUNCTIONS OF TRADEMARKS

To distinguish the products or services of one enterprise from those of other enterprises

Trademarks distinguish products or services from one source, from identical or similar products or services from other sources

Guarantee function of trademarks refers to a particular quality of the product or service for which it is used

Appeal function creates interest and inspire a feeling of confidence of the customers.

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PLANT BREEDERS RIGHTS

New Plant Variety Protection Act in 2001

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DEFINTION

Rights granted to the breeder of a new plant that give him the exclusive control over the

propagating material

and harvested material

of a new variety for a number of years.

Seed, cuttings, divisions, tissue culture

Cut flowers, fruit, foliage

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INDUSTRIAL DESIGN

An industrial design right is an intellectual property right that protects the visual design of objects that are not purely utilitarian.

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Creation of a shape

Configuration or composition of pattern Colour or combination of pattern Colour in three dimensional form containing aesthetic value

An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft.

Industrial Design consists of –

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GEOGRAPHICAL INDICATIONS

A Geographical Indication (GI) is a name or sign used on certain products which corresponds to a specific geographical location or origin (e.g. a town, region, or country)

Darjeeling Tea became the first GI tagged product in India, in 2004-05, since then by September 2010

(Geographical Indication Of Goods Act 2000)

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Such identification enables the product to gain reputation and goodwill all over the world

Preventing an unauthorized use of the commodity registered as GI by any third party.

Helps in proper distribution of the economic benefits.

SIGNIFICANCE OF GEOGRAPHICAL INDICATION REGISTRATION

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A trade secret refers to data or information relating to the business which is not generally known to the public and which the owner reasonably attempts to keep secret and confidential

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CRITERIAS FOR TRADE SECRETS

It must not be generally known or readily accessible by people who normally deal with such type of information

It must have commercial value as a secret

The lawful owner must take reasonable steps to keep it secret

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EXAMPLES

• CUSTOMER LISTS• BUSINESS INFORMATION • EMPLOYEE DETAILS• FINANCIAL RECORDS • DATA COMPILATIONS • BUSINESS PLANS AND STRATEGIES• FORMULAE• DESIGNS • DRAWINGS • ALGORITHMS

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Employment Agreement

Trade Secret Policy

Non-disclosure Agreements (NDAs)

TOOLS TO PROTECT TRADE SECRETS

Suitable confidentiality, non- -disclosure in agreements with employees.

Employees must be informed sign an acknowledgement to that

Businesses can also enter into NDAs with 3rd parties while discussing any business prospects and ventures.

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Adequate Documentation

Security Systems

Businesses must keep a track of the trade secrets that are developed and belongs to them.

Human Technical Security Security

+

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