Presented By Swati Mahawar 104 Swati Goel 132

INTELLECTUAL PROPERTY RIGHTS

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

THE IP CHAIN OF ACTIVITIES

Creation Innovation Commercialization Protection Enforcement

THE ROLE OF IP AS INTANGIBLE PROPERTY

economic rights of creators commercial exploitation of owner of IP capital expenditure transfer of technology cultural development

WHY IP PROTECTION IS GIVEN Capital expenditure for new products R and D Marketing and advertisement No free loaders Maintaining loyal followers profit

IP AS A PROPERTY Can be sold Can be bought Can be lease or rent Can pass under a will Can be assigned

Key Elements of IPR Patents Copyrights Trademarks Trade Secrets

COPYRIGHT
Copyright is a legal term describing the economic rights given to creators of literary and artistic works, including the right to reproduce the work, to make copies, and to perform or display the work publicly. Copyright protects arrangements of facts, but it does not cover newly collected facts as such. Moreover, copyright does not protect new ideas and processes; they may be protected, if at all, by patents.

Copyright works: Literary Works Musical Works Dramatic Works Artistic Works

TRADEMARKS
Trademarks are commercial source indicators, distinctive signs that identify certain goods or services produced or provided by a specific person or enterprise. Trademarks are especially important when consumers and producers are far away from one another.

Trademark includes: Well-known marks Domain names Geographical Indications Non-traditional Marks

TRADE SECRETS
Trade Secrets are classified as any information that may be used in the operation of a business and that is sufficiently valuable to afford an actual or potential economic advantage. Trade secret includes: Financial Information Commercial Information Technical and scientific information

Advantages of trade secrets It include unlimited duration. Lack of legal formalities and requirements. Example of trade secrets Like formulas for products, such as the formula for Coca-Cola

PATENT
A patent is the form of a certificate granted by a government. It gives the inventor the right to exclude others from imitating, manufacturing, using or selling the invention in question for commercial use during the specified period. Patent is valid only in the country that has granted it. It is granted for an innovation, invention, process of producing a product, and a concept.

What Is Patentable [A]ny new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof . This includes Methods of Use Methods of Doing Business Only the inventor(s) may apply for a patent

Legal aspect of IPR in India The Copyright Act 1957 The Patents Act 1970 The Trademarks Act 1999 Amendment in copyright act There is no amendment in copyright act but some sections of this acts are changed e.g. Section 2, 14, 38, 40, 52 etc.

Thank you