02-06-2022
Intellectual Property Rights
• Introduction to Intellectual property
• Intellectual Property Rights
• Copy right and related law
• Trademarks & Trade secret
• Patents
• Conclusion
Intellectual Property Rights
Any unauthorized duplication, publication or
quotation from this PowerPoint presentation,
in part or in whole, without the prior written
consent of the author constitutes a violation
of intellectual property rights and will be
subject to litigation.
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Intellectual Property Rights
Intellect = Mental Power
Intellectual Property = Intellectual property is a
legal field that refers to creations of the mind
such as musical, literary, and artistic works;
inventions; and symbols, names, images, and
designs used in commerce, including copyrights,
trademarks, patents, and related rights.
Intellectual Property Rights = the holder of one
of these abstract properties has certain exclusive
rights to the creative work, commercial symbol,
or invention by which it is covered.
Features and Types
Intellectual property is the intangible but legally
recognized right to property in the products of one’s
intellect.
Intellectual property rights allow the originator of
certain ideas, inventions, and expressions to exclude
others from using those ideas, inventions, and
expressions without permission.
The three traditionally recognized forms of intellectual
property are Copyright, Trademark, and Patent
However Trade Secret can also considered as IP content
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Intellectual Property Content
•Copyrights and related rights
•Trade Marks
•Lay out Designs of Integrated Circuits
•Patents
•Protection of Undisclosed Information
(Trade Secrets)
Simplest definitions
•Copyright protects “Expressive work”.
•Trademark protects marks that are placed on
goods to distinguish them from other work.
•Patent protects “Inventions”.
• Trade Secret” practice or process of a
company aiming at profitability
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COPYRIGHTS
•India’s copyright law, laid down in the Indian Copyright
Act, 1957 as amended by Copyright (Amendment) Act,
1999.
•India is party to the Geneva Convention for the
Protection of rights of Producers of Phonograms and to
the Universal Copyright Convention.
•India is also an active member of the World Intellectual
Property Organization (WIPO), Geneva and UNESCO.
What can be copyright?
• Book, novel, technical reports, manuals
• Painting, sculptures, photographs, music, songs,
• Plays, dramatic works, films, videos,
• Television and Radio and broadcasts,
• Engineering, technical or architectural plans
• Advertising, computer software, databases.
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Why we need to Copyright
• Reproduce the work
• Prepare derivative works
• Distribute Copies
• Perform the work
• Display the work Publicly
• Transmit sound recording digitally
How to copyright
• Copyright Note
• Author Name ,Year
• ISBN Number (International Standard Book Number
How long valid ?
• 60 years
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Exceptions to Copyright
•Copying for non-commercial research or private
study.
•Quoting for critique or review, with acknowledge
of the source.
•Reproducing an artistic work by hand as a class
assignment in an educational establishment.
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TRADE MARKS
The term “trademark” is often used to refer to the legal regime
governing all protected marks, and all such marks are
sometimes referred to as “trademarks.”
A trademark is a mark that can be placed on goods to
distinguish them from other goods.
Other marks distinguish other things in commerce: service
marks, for example, identify providers of services.
Such distinguishing marks constitute protectable subject
matter under the provisions of the “TRIPS Agreement” (Trade-
Related Aspects of Intellectual Property Rights).
The Agreement provides that initial registration and each
renewal of registration shall be for a term of not less than 7
years and the registration shall be renewable indefinitely.
Intellectual Property Rights
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PATENTS – A protection for inventors
A ‘Patent’ gives an inventor exclusive rights to
use their invention for a limited time.
Theserightswill prevent parties from copying
or selling invention without the permission of
the inventor.
“Exclusive Right” The right to exclude others from
making, using, or selling the invention.
Types of Patents
• Utility patents- functional or structural novelty
• Design patents-ornamental designs
• Plant patents-varieties of plants
• Original Circuit designs
What can be Patented?
Products
Process (functional or technical)
Software
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Criteria for Patent
• Utility -must be useful, or have a use
• Novelty- must be new
• Non-obvious the difference between existing art and
the invention must be sufficiently great as to warrant
a patent
Validity
Utility patents = 20 years from filing
Plant patent = 20 years from filing
Design patents = 14 years from issue
Intellectual Property Rights
Utility Patent
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Intellectual Property Rights
Design Patent
Intellectual Property Rights
Plant Patent
NOTE:- Plants discovered in nature are not patentable.
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Copyright protects software from
duplication and copying (ex: Microsoft can
prosecute those that copy MS Word)
Patents protect an algorithm or program
function
Trademarks protect a brand name of
software
Conclusion
• Intellectual property rights reward creativity
and human endeavor, which fuel the progress
of humankind.
• Understanding the country’s IP rights and
following the best practices can drastically
reduces the risk of the company’s intellectual
property.
• Indian government has initiated various steps
towards intellectual properties rights
protection.
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Question : An inventor writes a
computer program and is protected
from others copying it by………
A. Copyright
B. A Patent
C. A Registered Trademark
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