PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

PRESENTED BY
SARAN KUMAR M ROLL NO:1005140

IPR
Intellectual property defined as the product of mind Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.

FORMS OF PRODUCTION OF IPR

Patents Copyright Trademarks Industrial designs Geographical indications Layout design of integrated circuits Protection of new plant varieties Protection of trade secrets

WHAT IS PATENTS??

Patents is a grant for an invention by the govt to the inventor in exchange of full disclosure of the INVENTION debar others to exploit the invention for commercial success for a limited period within the geographical boundaries of the nation.

WHAT RIGHTS DOES A PATENT OWNER HAVE??

A patent owner has the right to decide who-or may not use the patented invention for the period in which the invention is protected. The patent owner may give permission to, or license other parties to use the invention on mutually agreed terms.

WHY ARE PATENTS NECESSARY??

Patent provide incentives to the inventors by offering them recognition for their creativity and material reward for their marketable inventors. *these incentives encourage innovation which assures that the quality of human life is continuously enhanced.

HOW IS A PATENT GRANTED??

The first step in securing a patent is the filling of the patent application. The patent application generally contains the title of the invention as well as an indication of its technical field. It must include the background and a description of the invention.

WHEN SHOULD AN APPLICATION FOR A PATENT BE FILLED??

Filling of an application for a patent should be completed at the earliest possible date and should not be delayed. Delay in filling application may some risk such as 1.Some other inventor might file a patent application. Who grants patents?? a patent is granted by a national patent office or by a regional office that does the work for a number of countries.

WHAT KINDS OF INVENTION CAN BE PROTECTED??

1.The invention must be new and novel 2.The invention must show an inventive step. 3.The invention must be capable of industrial application. 4.Finally, its subject matter must be accepted as patentable under law.

CONT.
What is the term of a patent in indian system?? in indian,the term of a patent is 20 years from the date of filling the patent application.

What is the legislation covering patents in india?? patent Act 1970(amended in 1999,2002&march 2005

CONT..
Filling of patent application patent application from the kerala state have to be filed in the patent office-chennai branch.

place address Phone\fax\mail

Patent office chennai branch

Patent office Intellectual property office building G.s.t.road Guindy,chennai-600032

Ph:044-22502081-84 Fax:044-22502066 Email:chennaipatent2nic.in

USEFUL INFORMATION TO INVENTORS TO PROTECT INVENTION Maintain records of your research work methodically Do not publish your invention before filling the patent application. File patent application as early as possible Conduct patent search before filling patent application to judge the patentability of your invention Select your patent attorney and draft your claims properly before filling patent application.

USEFUL WEBSITES FOR PATENT SEARCH

www.uspto.gov (us patents) Ep.espacenet.com (european patents) www.ipindia.nic.in (indian patents) www.surfip.gov.sg (singapore patent office) www.wipo.int (world intellectual property organisation)

COPY RIGHTS
What does copyright cover?? 1.Literary, dramatic and musical work.computer programs\software's are covered within the definition of literary work 2.book,novel,painting,drawing. 3.Cenematographic films which include sound track and video films. 4.record-any disk,tape,perforated roll or other device.

WHAT IS THE TERM OF COPYRIGHT??

A published within the lifetime of the author of a literary work,the term is for lifetime of the author plus 60 years. For cinematography films, records, photographs, anonymous publication, works of govt and international agencies, the term is 60 years from the beginning of the calendar year in which the work was published. For broadcasting, the term is 25 years from the beginning of the calendar year.

CONT..
What is the legislation covering copyrights in india?? copyright Act, 1957 as amended in 1983,84,1992,94 and 1999.

TRADEMARKS
What are trademarks?? a trademark is a distinctive sign or indicator of some kind which is used by an individual or business organization to identify uniquely the source of their products and to distinguish their products or services from those of other entities. *company name,logo,trade name.

CONT
What does a trademark do?? a trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services. What kinds of trademarks can be registered?? the possibilities are almost limitless.trademarks may be one or a combination of words,letters,and numerals.

HOW IS A TRADEMARK REGISTERED??

An application for registration of a trademark must be filed with the appropriate national or regional trademark office. The application must contains a clear reproduction of the sign filed for registration,including any colors,forms,or three-dimensional features. What is the legislation covering trademarks in india?? the trade marks Act,1999.

DESIGNS
What does the term design mean according to the designs Act,2000?? designs means only the features of shape,configuration,pattern,composition of lines or colors applied to any article. *shapes of: car, tv, bottle, camera,handicraft works,etc Ex:cococola bottle.

WHAT ARE THE ESSENTIAL REQUIREMENTS FOR THE REGISTRATION OF DESIGN UNDER THE DESIGN ACT 2000?? The design should be new or original, not previously published or used in any country before the date of application for registration. The design should relate to features of shape,configuration,pattern applied or applicable to an article. The design should applied or applicable to any article by any industrial process. The design should not include any trade work or property mark or artistic works.

CONT.
Duration of designs: initially for 10 years (renewal after 10 years)

GEOGRAPHICAL INDICATIONS
A geographical indication is a sign used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that place of origin. Most commanly,a geographical indication consists of the name of the place of origin of the goods. Geographical indications may be used for a wide variety of agriculture products.some of the geographical indications are darjeeling tea,kancheepuram silk etc..

WHY DO GEOGRAPHICAL INDICATIONS NEED PROTECTION?

Geographical indications are understood by consumers to denote the origin and the quality of products. Many of them have acquired valuable reputations, which if not adequately protected, may be misrepresented by dishonest commercial operators.

HOW IS A GEOGRAPHICAL INDICATION PROTECTED?

Geographical indications are protected in accordance with national laws and under a wide range of concepts,such as laws against unfair competition, consumer protection laws,laws for the protection of certification marks or special laws for the protection of geographical indications or appellations of origin.

WHAT IS THE LEGISLATION COVERING GEOGRAPHICAL INDICATIONS IN INDIA?

The geographical indication of goods(registration and protection)Act, 1999.

What is the term of GI protections? The registration of 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.

LAYOUT DESIGN OF INTEGRATED CIRCUITS.

What does semiconductor integrated circuits(IC)layout design Act,2000 cover? it provides protection for semiconductor IC layout designs.layout design includes a layout of transistors and other circuitry elements and includes lead wires connecting such elements and expressed in any manner in a semiconductor IC. Ex:layout ic chips.

WHAT IS NOT REGISTRABLE AS IC LAYOUT DESIGN?

An IC layout design is not registrable if it is 1. Not original 2. Commercially exploited anywhere in india or in a convention country 3. Inherently not distinctive 4. Inherently not capable of being distinguishable from any other registered layout design. *What is the term of an IC layout design protection? the term is 10 years from the date of filling.

PROTECTION OF NEW PLANT VARIETIES

Is there any Act for protecting a new plant variety in india? the plant variety protection and farmers right Act 2001 were enacted in india to protect the new plant variety.rules for the same were notified in 2003.the Act has not come in to force as detailed and complete rules are yet to be formulated and notified. Ex:bread wheat,garden pea,french bean etc.

WHAT ARE THE OBJECTIVES OF PLANT VARIETY PROTECTION&FARMERS RIGHT ACT IN INDIA? To stimulate investment for research and development both in the public and the private sectors for the developments of new plant varieties by ensuring appropriate returns on such investments. To facilitate the growth of the seed industry in the country through domestic and foreign investment.

CONT..

To recognize the role of farmers as cultivators and conservers and the contribution of traditional,rural and tribal communities to the countrys agro biodiversity by rewarding them for their contribution through benefit sharing and protecting the traditional right of the formers.

WHAT ARE FARMERS RIGHTS?

1.A farmer who has breed or development a new variety shall be entitled for registration and other protection in like manner as a breeder of a variety under this act. 2.The farmers variety shall be entitled for registration if the application contains declaration as specified in claush(h)or subsection 18.

WHAT IS THE TERM OF PLANT VARIETY PROTECTION?

In the case of trees and vines,eighteen years from the date of registration of the variety. In the case of extant varieties,fifteen years from the date of the notification of that variety by the central govt under sec 5 of the seeds Act,1966. In the other cases,fifteen years from the date of registration of the variety.

TRADE SECRETS
Protection of trade secrets. secret information containing knowledge of business.

WHY PROTECT INTELLECTUAL PROPERTY?

Protection of IP rights is an incentive to human creativity Promotes respect for individual artists, and enables them to earn livelihoods Prevents infringement and free riding IP serves as an instrument for cultural, social, economic and technological development New creativity helps create sustainable and competitive businesses locally and internationally IP-based industries contribute significantly to national economies IP gaining importance in todays information society

THANK YOU