The Basics of Intellectual Property Law

Intellectual property (IP) is a term referring to creations of the intellect for which a monopoly is assigned to designated owners by law. 

Some common types of intellectual property rights (IPR) are copyright, patents, and industrial design rights; and the rights that protect trademarks, trade dress, and in some jurisdictions trade secrets.

all these cover music, literature, and other artistic works; discoveries and inventions; and words, phrases, symbols, and designs.

While intellectual property law has evolved over centuries, it was not until the 19th century that the term intellectual property began to be used, and not until the late 20th century that it became commonplace in the majority of the world.

Types of Intellectual Property

PatentsTrademarksCopyrightsUnfair CompetitionTrade Secrets

How to Acquire RightsPatents

by Application, Examination and GrantTrademarks & Service Marks

by Use in Interstate Commerce, then registrationCopyrightby writing something --

perfected by declaration and registration

Types of IP a General Practice

Variants of Trade SecretsLimited rights in technical dataRestricted rights in computer softwareGovernment purpose rightsspecial license rights

Compiled By :- Vishesh Shrivastava

Types of Patents A patent is a set of exclusive rights granted by a sovereign state to an

inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention. An invention is a solution to a specific technological problem and is a product or a process. Patents are a form of intellectual property.

Utility

Plant

Design

Utility Patent

Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefore, subject to the conditions and requirements of this title.

Plant PatentsWhoever invents or discovers and asexually

reproduces any distinct and new variety of plant, including cultivated spores, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state.

No bacteria or similar single-cell organisms need apply!

Design Patents

Whoever invents any new, original, and ornamental design for an article of manufacture may obtain a patent.

Life & Duration

Life of utility patent - 17 years from date of issue of Patent if application filed before June 95 or 20 years from date of filing application after June 95

Effective only in the U.S. (foreign patent applications filed separately based on U.S. application are available).

INVENTION PATENTABLE IF........

NEW USEFUL NOT OBVIOUS PERTAINS TO

PATENTABLE SUBJECT MATTER UNLESS

GRANT OF PATENT IS NOT BARRED

What Does a Patent look Like?

What is a License?A contract between licensor and

licensee.Licensor grants to licensee the right

to practice the technology claimed in the licensed patent

Licensor agrees not to sue licensee for infringing licensor’s patent

Other forms of IP!

Trade & Service Marks

Marks A trademark, trade mark, or trade-mark is a recognizable

sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.

Trademarks® , ™A trademark identifies tangible good or product of a

company or individual. Servicemarks ®, SM

A service mark identifies the service s of a provider. Marks used by a company can function as both.

Trade names

Once a trade name was used to denote any mark descriptive of a good or service.

Today, it is a company business name.

Acquiring Trademark RightsTypes of trademark TM - a Trade Mark™ - used before registration

SM - a Service Mark SM - used before registration

Used in Interstate CommerceRights by Registration®Unfair Competition

Misuse of Trade DressPassing Off

Other forms of IP

Copyright©

Copyrights Copyright is a legal right created by the law of a country that

grants the creator of an original work exclusive rights for its use and distribution. This is usually only for a limited time.

Copyright law protects the expression of an idea. Not the idea itself.

Copyright protects“…original works of authorship fixed in any tangible

medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.”

OriginalThe term original in the copyright law means

that the work originated with the author.

There is no requirement for novelty or uniqueness as there is in patent law.

Must originate with author.

Fixed in a Tangible MediumAny stable medium that will record or

reproduce the material is acceptableComputer software satisfies the fixation the

moment the material is storeda computer display is considered fixed even if

it appears momentarily and only returns under certain conditions (games)

DurationDepends on whether it is pre or post 1 Jan.

1978Pre - Depends on whether published?

Registered, first term, renewal etc.Post -

Life of author + 50 yearsWork-for-hire 75 years from publication, 100

years from creation which ever is first

OwnershipWorks for Hire - employer is considered the author

when:work prepared by an employee within the scope or his/her

employmentwork specially ordered or commissioned for use as a

contribution to a collective workTransfer of title v Work-for-Hire

under a work for hire, employer is considered the owner. Duration 75 years from pub or 100 from creation. Transfer (assignment etc. 35 years)

Ownership cont..

Joint Works - when 2 or more people make contributions of authorship with intention contributions be merged into inseparable work

Government Copyright17 USC §105

Copyright protection under this title is not available for any work of the United States Government, but the United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise (including contract).

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Fair UseLimited use without owners permission

criticism, comment, parody, news reporting, teaching, scholarship or research

criteriapurpose and character of usenature of original workamount of work usedextent of harm

Unfair Competition Unfair competition or distortion of competition is a

situation in which competitors compete on unequal terms because favorable or disadvantageous conditions are applied to some competitors but not to others.

The concept can also refer to situations in which the actions of some competitors actively harm the position of others with respect to their ability to compete on equal and fair terms. It contrasts with fair competition, in which the same rules and conditions are applied to all participants and in which the competitive action of some does not harm the ability of others to compete.

Often, unfair competition means that the gains of some participants are conditional on the losses of others when the gains are made in ways which are illegitimate or unjust.

Protection against Unfair Competition

1. Causing confusion with respect to another's enterprise or its activities2. Damaging another person's goodwill or reputation3. Misleading the public4. Discrediting another person's enterprise or its activities5. Unfair competition in respect of secret information6. Unfair competition in respect of national and international obligations7. General principles8. Civil remedies9. Regulations10. Interpretation

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