IPR

What is IP?

 Intellectual Property (IP) Refers to creations of mind: literary, artistic and scientific works, inventions in all fields of human endeavor scientific discoveries Industrial designs Symbols, names, images and designs which used in commerce which is incorporated by standard organization WIPO (World Intellectual Property Organization)

Intellectual property means that creativity, innovation and inspirational incorporation of an individuals perception and idea, which if practiced or molded in a form yields tangible, substantial and real result and product, which are distinctive and exclusive in its very nature.

 Intellectual property is traditionally divided into two branches,

industrial property: which includes inventions (patents), trademarks, industrial designs, geographical indication of source, commercial names etc.
Copyright: which includes literary and artistic works such as novels, poems, plays, films, musical works, drawings, painting, photographs and sculptures and architectural designs.

What Is Need of IPR?

The outcome of authors / creators idea is verily said to be owned by him if it is exclusive his effort. The practical implication of work, then thus become a property and a material good of his. and as per the rights and obligations towards ones own property, the intellect work of an individual is also protected under the provisions of IP laws. The work of an individual is the outcome of his brain power and so there are those rights conferred on him by the IP laws.

IPR Intellectual Property Rights Is the right to protect the creation of human mind. IPR are legal rights governing the use of such creation. This term covers the bundles of rights such as patent, trade mark, industrial design, copy right, geological indications etc. Each of them is different in scope , duration with a different purpose and effect.

Why IPR is important?

Reward original efforts
Motivate creativity innovation and

Prevent duplication of work Commercial value in research Prevent exploitation of work Technical information for research & to prevent litigation

However all IPRs generally exclude third party from exploiting the protected subject matter without authorization of right holder. This enables IPR owners or the right holders to use or disclose their intellectual property without fear of loosing of control. The owner thus exercises his monopoly over his product by way of the IP rights conferred to him. These rights safeguards the proprietary rights of owner so as to protect him against any harm caused because of any wrongful act over his honor and entitlement.

Forms of IPR
Patents Trade secrets CopyRights

Plant Breeder Rights

IPR
Int. circuits
Geographical Indication

Trademark

Design

What is a PATENT?
A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem The limited monopoly right granted by the state enables an inventor to prohibit another person from manufacturing, using or selling the patented product or from using the patented process, without permission. Period of Patents - 20 Years and 5-7 yrs for Pharmaceutical product and required renewal continuously up to the end of term or become a public property

What can be PATENTED?

Inventions in all fields of technology, whether products or processes, if they meet the criteria of

Novelty;
Non-obviousness (inventive step); Industrial application (utility).

Conditions of Patentability?
Novelty: Invention not known to public prior to claim by inventor Inventive Step: Invention would not be obvious to a person with ordinary skill in the art Industrial Application: Invention can be made or used in any useful, practical activity as distinct from purely intellectual or aesthetic one

Grant of Patent
Patents are granted by national patent offices after publication and substantial examination of the applications In India provisions exist for pre-grant and post grant opposition by others They are valid within the territorial limits of the country Foreigners can also apply for patents

What is Copyright?
"Copyright"

is a protection that covers published and unpublished literary, scientific, and artistic works, whatever the form of expression, provided such works are fixed in a tangible or material form.

This means that if you can see it, hear it, and/or touch it-- it is protected
Copy Right act, 1957 Period of Copy Right- Whole of life + 60 yrs after his death

What is Copyrighted
Works that have not been fixed in a tangible form of expression; for example, improvisational speeches or performances that have not been written or recorded. Titles, names, short phrases and slogans; familiar symbols or designs; variations of typographic ornamentation, lettering or coloring; listing of ingredients or contents.

Ideal procedures, methods, systems , processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation or illustration.

What is not Copyrighted

Works that have not been fixed in a tangible form of expression; for example, improvisational speeches or performances that have not been written or recorded. Titles, names, short phrases and slogans; familiar symbols or designs; variations of typographic ornamentation, lettering or coloring; listing of ingredients or contents.

Ideal procedures, methods, systems , processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation or illustration.

Copyright

Literary

Dramatic

Musical

Artistic

Films

Sound Recording
18

Trade Mark

A name of an enterprise or a Mark capable of being represented graphically, distinguishing the goods or services of one person from those of others Trade Mark can be o o o o o o sign , words, letters, numbers, drawings, pictures, emblem, colors or combination of colors, shape of goods, graphic representation or packaging or any combination of the above

as applied to an article or a product.

Trade marks
Name Logotype

Symbol
Slogan Shape Color

Trade Mark
Registered trademark

Intent to use application filed for product

Intent to use application filed for services

SM

Trademarks & Service Marks

Trademarks & Service Marks