INTELLECTUAL PROPERTY
RIGHTS(IPRs)
IPRs are the rights granted to the
inventors of intellectual property.
Like Physical property, intellectual
property also needs protection
• The owner of any property has the exclusive
authority to decide:
• How that property is used and by whom.
Different Types of Intellectual Property
Patents
Trademarks
Industrial
Property
Industrial Designs
Geographical Indications
IPRs
Trade Secrets
Literary Works
Copyrights
Artistic Works
Patents
Exclusive May be any Which offers Ex. : The first telephone was
rights granted product or an innovative invented and patented by
Alexander Graham Bell in 1876.
to an process or (new) and Despite the popularity of mobile
individual for both none obvious phones having Wi-Fi
connectivity, people still opt for
his/her method of Bluetooth as an option for data
transfer. Invented in 1994 by
invention (not doing Jaap Haartsen, Bluetooth
technology allows nearby
discovery). something electronic devices to connect
using low-power, ultra-high-
frequency waves. Today,
Bluetooth is used in almost
every handheld device for
multimedia transfer and
reception.
Patentable subject matter
Invention must
relates to a Process or Product or both
be new (Novel)
involves an inventive step (not obvious
to the person skilled in that art)
For patent to be
granted:
The claims made
The invention in the patent
Also, it must not
must not be specification
be in prior public
published must not be
use or prior
anywhere either claimed before in
public
in India or any of the
knowledge.
elsewhere specifications.
• A patent provides protection for the invention to
the owner of the patent.
• The protection is granted for a limited period,
generally 20 years.
• Patent Act 1970
Protection offered by Patents
o Patent protection means that the invention cannot be
– commercially made
– Used
– distributed or
– sold
without the patent owner’s consent.
Rights of a patent owner
o A patent owner has the right to
– decide who may – or may not – use the patented
invention for the period in which the invention is
protected.
– give permission or license to other parties - to use the
invention on mutually agreed terms.
– sell the right of the invention to someone else, who will
then become the new owner of the patent.
• Once a patent expires, the protection ends,
and an invention enters the public domain.
• The owner no longer holds exclusive rights to
the invention, which becomes available to
commercial exploitation by others.
Obtaining a Patent
• File an application for patent
– With one of the patent offices based on territorial jurisdiction of
the place of office or residence of the applicant /agent
• Information concerning application form and details of fee
available at [Link]
• Guidelines for applicants also available on this website
Complete Specification should have the following components:
a) Field of Invention.
b) Use of Invention : A brief statement of the advantages of the
invention
c) Prior Art
d) Problem to be solved.
e) Object of Invention(may be more than one)
f) General statement of invention
g) Detailed Description of Invention[ with reference. to drawings , if
any)
h) Best method /example of working of the invention
i) Statement of claims.
j) Signature with date
k) Drawings
l) Abstract
Trade Mark (™)
A sign or any combination of signs, which can
distinguish a product or service from other products
and services in the market, is (are) known as
Trademarks.
• May be a symbol or design or word or phrase or a
combination of these.
• Helps in identifying and distinguishing the source of
products or services of one party.
Logos:
• Mcdonald : Golden arch
Pictures/Drawings:
• MSN's Butterfly
Combination of letters & designs:
Slogans:
Trademarks are granted for forever (renewal
after every 10 years)
Industrial Designs
• An industrial design is the protection granted to the
product (part or whole) because of its features like
lines, shapes, patterns, colors, texture or material or
its ornamentation.
• Designs are protected for 10 years from the
registration date and may be extended to further 5
more years.
• Examples: Coca Cola’s contour bottle, the pattern of
writing polo on the tablet
Trade Secrets
• Any information which is confidential and valuable for the business and
is used as a secret to gain competitive economic advantage over others is
known as trade secret.
• The secrets are maintained by companies by adopting their own ways
and methods.
• Trade secrets cannot be registered anywhere.
• So, if any secret is leaked then the company cannot claim any type of
right on that.
• For ex. The recipe and ingredients for Coca cola and Pepsi are
maintained as secrets generation by generation and are never disclosed
anywhere. The benefit of trade secret is that it never expires or there is
no need of any type of renewal etc.
Geographic Indications
A geographical indication is a sign used on goods
that have a specific geographical origin and
possess qualities or reputation that are due to
their place of origin.
• Uttarakhand tejpatta
• Nagpur Orange
Geographical Indications (GIs)
GI is an indication of product origin
Typically used to identify agricultural, natural or manufactured
goods originating in a particular area
Must have a special quality or characteristic or reputation based
upon the climatic or production characteristics unique to the
geographical location
Basmati Rice
Geographical Indications
• GI identify goods but not a service
• GI cannot be created but recognized
The registration of a GI shall be for a period of ten years but may be
renewed from time to time for an unlimited period, by payment of
the renewal fees.
Copyright
Copyright is the protection granted to the ‘form of ideas’
created by an individual in the field of literary or artistic
works.
Copyrights give protection only for physically expressed
works and not to the unexpressed ideas.
It protects items such as paintings, drawings, sculptures,
photographs, architecture, instruction manuals,
software, databases, technical documentation,
advertisements, maps, literary works, music, films or
songs.
Two necessary conditions for grant for copyright is, that:
• It should originate from the creator itself
(originality)
• It should be presented physically and not just a
mere ideation
• No need of compulsory registration for the
copyrights.
• The original creator can start using the symbol
on their piece of creation and it shows that it is
protected by the claimant.
• Although it is always good to get the copyright
registered so as to get much stronger protection.
• The copyrights get protection from the moment
they are created till the death of author (creator)
plus 60 more years after his or her death.
Thank You