INTELLECTUAL PROPERTY RIGHTS

IPR

Intellectual Property laws and enforcement

vary widely from jurisdiction to jurisdiction.

Intellectual property laws confer a bundle of

exclusive rights in relation to the particular
form or manner in which ideas or information
are expressed or manifested, and not in
relation to the ideas or concepts themselves.

TYPES OF IPR

The term Intellectual Property" denotes the

specific legal rights
1. Copyrights (e.g. book)
2. Patents (e.g. new drug)
3. Trademark (e.g. symbol)
4. Trade Secrets (e.g. new method)

Copyright

Copy right may subsist in creative and artistic

works
(e.g. books, movies, music, paintings,
photographs, and
software) and give a
copyright holder the exclusive right to control
reproduction or adaptation of such works for a
certain period of time (historically a period of
between 10 and 30 years depending on
jurisdiction, more recently the life of the
author plus several decades).

Patent

A patent is a right to gives the patent

holder to

prevent others from practicing the invention

without a license from the inventor for a
certain
period of time (typically 20 years from the
filing
date of a patent application).

Trade Mark
A trademark is a distinctive sign which is
used
to distinguish the products or services of
different businesses.
An industrial design right protects the
form of
appearance, style or design of an industrial
object (e.g. spare parts, furniture, or textiles).

Trade Mark

A trade secret ("confidential

information") is
secret, non-public information concerning the
commercial
practices
or
proprietary
knowledge of a business, public disclosure of
which may sometimes be illegal Patents,
trademarks, and designs rights are sometimes
collectively known as industrial property, as
they are typically created and used for
industrial or commercial purposes.

Copyright

Copyright (e.g. books, paintings, films)

1. Protects the work of expressions, not the
ideas ( ie. the
form a creator/publisher gives to ideas).
Limited
protection against substitute.
2. Protection focuses on copying
3. Long but limited protection (life + 50years
in Canada)
4. Covers original work of authorship in a
tangible
medium of expression (e.g. book)

Patents

Patents (i.e. inventions)

1. Protect the ideas, not just expressions
2. Registration is necessary (patent office)
3. Requirements: utility, novelty, nonobviousness.
Difficult to obtain
4. Short protection periods but greater
protection
against infringers

Trademarks

Trademarks (e.g. brand names, product

logos)
Protect symbols and phrases
Registration is not necessary but easy
Protection periods vary
Distinctiveness is required

Trade Secrets (e.g. formula, program,

technique, method, process)
Derives independent economic value from
not being known
Registration is not required. Perpetual
protection is possible

Intellectual Property Rights in India

There is a well-established statutory,

administrative and
judicial framework to safeguard intellectual
property
rights in India, whether they relate to patents,
trademarks, copyright or industrial designs
etc.
Well-known international trademarks have
been
protected in India even when they were not
registered
in India.

Features

IPR are property rights over information,

knowledge and ideas
IPR are exclusive, trade able and temporary
IPR differ in the information being protected
(copyright, patent, trade secrets, trademarks)
IPR protect information that has public good
characteristics
(non-excludability and non-rivalry
consumption)

IPR : Digital Era

Computer software companies have

successfully
curtailed piracy through court orders.
Computer databases have been protected.
The courts, under the doctrine of breach of
confidentiality, accorded an extensive
protection of
trade secrets.
Right to privacy, which is not protected even
in some
developed countries, has been recognized in
India.

IPR : Digital Era

IP, protected through law, like any other form

of
property can be a matter of trade, that is, it
can be
owned, bequeathed, sold or bought. The
major
features that distinguish it from other forms
are their
intangibility and non-exhaustion by
consumption.
IP is the foundation of knowledge-based
economy.
It pervades all sectors of economy and is

Thank You