INTELLECTUAL PROPERTY RIGHTS

Intellectual property (IP) is a term referring

to a number of distinct types of creations of
the mind for which a set of exclusive
rights are recognizedand the
corresponding fields of law.
 MUSIC
LITERARY
ART
DISCOVERY
INVENTION

SYMBOL
DESIGN
 PATENT
INDUSTRIAL
TRADEMARK DESIGN
RIGHTS

COPYRIGHTS IPR TRADE

SECRETS
 FOR MOST PRODUCTS EVERY FORM OF
INTELLECTUAL PROPERTY RIGHTS CAN BE
OBTAINED

CAMERA

PATENT FOR EVERY INDIVIDUAL IMPROVED

MECHANISM
DESIGN FOR OUTER SHAPE & CONTOUR /
CONFIGURATION
TRADE MARK BRAND NAME OR LOGO FOR GOODS DENOTED AS

COPY RIGHT FOR INSTRUCTION / MANUAL

BOOKLET DENOTED AS
 Music played on the
CD player is
Industrial design protected by
protection for 3D copyright
shape

Various
technical parts
& mechanisms
are subject
mater of
Brand name- protection
registered under under Patents
trademark
 Meet international obligations while
safeguarding national interests
Modernize; and
Move ahead
 THE PATENTS ACT, 1970
PRODUCT PATENT
PATENT TERM OF 20 YEARS
PUBLIC HEALTH SAFEGUARDS
PROTECTION TO TK
THE TRADE MARKS ACT, 1999
SERVICE MARKS AND COLLECTIVE
MARKS
TERM INCREASED FROM 7 YEARS
TO 10 YEARS
 THE DESIGNS ACT, 2000
THE GI ACT, 1999
THE COPYRIGHTS ACT, 1957
THE BIO-DIVERSITY ACT, 2001
THE LAYOUTS AND INTEGRATED
CIRCUITS ACT
 THE PROTECTION YOU RECEIVE IS ONLY
ELECTRICAL JUG FOR THE APPEARANCE OF THE ARTICLE
AND NOT HOW IT WORKS.
DESIGN REGISTRATION IS INTENDED
TO PROTECT DESIGNS WHICH HAVE AN
INDUSTRIAL OR COMMERCIAL USE.
DURATION OF PROTECTION IS
INITIALLY FOR 10 YEARS AND
EXTENDABLE FOR ANOTHER TERM OF
5 YEARS.
DESIGNS OF STAMPS, LABELS, TOKENS,
CARDS, CARTOONS, OR PARTS OF AN
ARTICLE NOT SOLD SEPARATELY, CANNOT
BE REGISTERED.
 TRADEMARKS
A TRADE MARK IS ANY SIGN WHICH CAN DISTINGUISH THE GOODS OF ONE TRADER
FROM THOSE OF ANOTHER. SIGN INCLUDES, WORDS, LOGOS, PICTURES, OR A
COMBINATION OF THESE.

TO REGISTER A TRADE MARK , THE MARK MUST BE:-

DISTINCTIVE, AND, NOT DECEPTIVE, OR CONTRARY TO LAW OR MORALITY, AND, NOT
IDENTICAL OR SIMILAR TO ANY EARLIER MARKS FOR THE SAME OR SIMILAR GOODS.

A TRADE MARK IS USED AS A MARKETING TOOL SO THAT CUSTOMERS

CAN RECOGNIZE THE PRODUCT OF A PARTICULAR TRADER.
 TRADEMARKS
HOW TO SELECT A TRADE MARK ?
1. A WORD, LETTER OR ANY COMBINATION THEREOF AND SIMPLE IN DESIGN.
2. IF IT IS A WORD IT SHOULD BE EASY TO SPEAK, SPELL AND REMEMBER.
3. THE IDEAL WORD FOR A TRADE MARK IS AN INVENTED OR COINED WORD
4. WORDS WHICH ARE LAUDATORY OR WHICH DIRECTLY DESCRIBES THE
CHARACTER OR QUALITY OF THE GOODS SHOULD NOT BE ADOPTED.
5. GEOGRAPHICAL NAMES CONNECTED WITH THE REPUTATION OR QUALITY OF
THE GOODS FOR WHICH REGISTRATION IS SOUGHT SHOULD NOT BE ADOPTED.

ARE ALL TRADE MARKS REGISTRABLE ?

NOT POSSIBLE TO REGISTER A MARK WHICH IS CONFUSING WITH A TRADE MARK OF
ANOTHER TRADER OR A TRADE MARK WHICH DESCRIBES THE CHARACTER OR
QUALITY OF THE GOODS. THE MARK SHOULD NOT CONFLICT WITH A TRADE MARK
ALREADY REGISTERED OR PENDING REGISTRATION IN RESPECT OF SIMILAR GOODS.
 WHAT IS GIR
An indication used to identify agricultural, natural or manufactured goods
originating from a definite territory in India.
It should have a special quality or characteristics or reputation based upon
the climatic or production characteristics unique to the geographical location.
Examples of Geographical Indications in India are Darjeeling Tea,
Kanchipuram Silk Saree, Alphonso Mango, Nagpur Orange, Kolhapuri Chappal,
Bikaneri Bhujia, etc.
Any association of persons, producers, organization established by or under
the law can apply representing & protecting the interests of the producers.
The registration of a Geographical Indication is for a period of ten years.
Renewal is possible for further periods of 10 years each.
A trade mark is a sign which is used in the course of trade and it
distinguishes goods or services of one enterprise from those of other
enterprises. Whereas a Geographical Indication is used to identify goods
having special characteristics originating from a definite geographical
territory.
LAW OF PATENTS

PROTECTION PART

ENFORCEMENT PART
CRITERIA FOR PATENTABILITY
NEW & USEFUL
NON-OBVIOUS
CAPABLE OF INDUSTRIAL
APPLICATIONS
PATENTS ACT SPECIFIES
WHAT ARE NOT INVENTIONS?
WHAT ARE NOT PATENTABLE
INVENTIONS?

HOW TO GET THAT MONOPOLY

RIGHT?
 OPPOSITION PROCEEDINGS

LICENSING PROVISIONS

INFRINGEMENTS SUIT PROVISIONS

 IT ENCOURAGES RESEARCH.
INDUCES AN INVENTOR TO DISCLOSE HIS
INVENTIONS
INSTEAD OF KEEPING THEM AS SECRET.
PROVIDES INDUCEMENT FOR CAPITAL
INVESTMENT
ENCOURAGING TECHNOLOGICAL
DEVELOPMENT.
IT ENCOURAGES ESTABLISHMENT OF NEW
INDUSTRIES.
KNOWLEDGE OF INVENTION ADDS TO
SCIENTIFIC BACKGROUND FORMING
BASE FOR FURTHER RESEACH

REASONABLE ASSURANCE FOR

COMMERCIALIZATION

PATENT- OPEN TO PUBLIC FOR USE

AFTER ITS TERM EXPIRES
OR
WHEN IT CEASES TO BE IN FORCE
 INVENTION

INVENTION IS A SUCCESSFUL TECHNICAL

SOLUTION TO A TECHNICAL PROBLEM.

TO BE GRANTED A PATENT, AN
INVENTION MUST BE NEW,
NON-OBVIOUS AND CAPABLE OF
INDUSTRIAL APPLICATION
Make it public for free use by public(like publishing in the
journal) Or
Work the invention in SECRECY without
PATENTING it (like coco-cola composition)
Or
Work the invention OPENLY without PATENTING
it (directly put it in the market)
Or
EXPLOIT the invention on the basis of a PATENT (like
Rank Xerox )
A patent is a Monopoly Right granted

For an invention
By the government
To the inventor or his assignee
For a limited period
It is valid within the country of grant
 WHY DO YOU NEED
PATENT INFORMATION
SIZE OF THE RESOURSE ENORMOUS AND WIDE Every
area of technology is covered.
80% NOT PUBLISHED ELSEWHERE
FIRST PUBLICATION:Inventions disclosed in patents well
before being published in any other type of document
Invention Patent published First publication in any form
Punched card 1889 1914
Television 1923 1928
Jet engine 1936 1946
EXPIRED PATENTS : FREE USE ;
TO AVOID REDUNDANT RESEACH Use the technology
given in patent specification as a stepping stone.
 PATENTS NOT ONLY FOR MAJOR
TECHNOLOGICAL BREAKTHROUGH

Such As
LAZLO biros - ball point pen
Ring pull for cans of beverages
But even for any small incremental inventions
INDIVIDUALS OR Companies-normally do not
clearly recognize the TRUE MARKET VALUE for a
particular INVENTION
e.g. Anti theft device for motor cars-wheel clamp
Tetra pack style of cartons for milk & fruit juice
 MINISTRY OF COMMERCE
MINISTRY OF HUMAN RESOURSE
AND INDUSTRY
DEVELOPMENT

DEPT. OF INDUSTRIAL DEPT. OF EDUCATION

POLICY & PROMOTION

COPYRIGHT OFFICE
CONTROLLER GENERAL OF
PATENTS, DESIGNS & TRADE MARKS

PATENT TRADE MARKS REGISTAR OF

OFFICE REGISTRY COPYRIGHT

Sr.JOINT GIR
CONTROLLER JOINT
OF PATENTS REGISTAR OF
AND DESIGNS TRADEMARKS
CREATING A CHEAPER AND FAKE
VERSION
 PREVENTING
PROGRESS

BENEFITTING
HARMING
CONCENTRATED
HEALTH
INTEREST

INTELLECTUAL
MONOPOLY
SHWET KAMAL
SHASHANK SHEKHAR
BHAGAT SINGH BHANDARI
TARANJEET SINGH