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Intellectual Property Rights

Presented By
Raguraman.R 10MBAB44

What is Intellectual Property

Intellectual Property or IP is the term that describes the ideas, inventions, technologies, artwork, music, literature that are intangible when created but become valuable in tangible form as products. - World Intellectual Property Organization Forms of IP Patents, Trademarks, Copyrights, Other evolving forms

Historical Context
The concept of Intellectual Property or IP is not new The Venetian Law of 1474 is considered the first systematic IP law Patent / IP Laws - England: 1624; France:1791; USA: 1788; Germany: 1877 Japan: 1888; India: 1888

Cont.,

Cont.,

1st Major International Effort: The Paris Convention, 1883 for the protection of IP in other countries; covered patents, trademarks & industrial designs. 2nd Major International Effort: The Berne Convention, 1886 for the protection of Copyright of literary & artistic works in other countries; covered copyrights. 3rd Major International Effort: Formation of the World Intellectual Property Organization or WIPO, 1967 covers patents, copyrights, trademarksothers 4th Major International Effort: Trade Related Aspects of Intellectual Property Rights or TRIPS of WTO, 1996 covers new types of IP

Legislative Measures in India

The Patents Act, 1970 Product Patent Patent Term of 20 years Public Health Safeguard 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

Why is it needed ?
Intellectual Property is an important National, Institutional & Corporate Asset. In 2000 a Price Waterhouse estimate indicated roughly 78% of S&P 500 Value was in Intellectual Assets, going forward the importance of Intellectual Assets will increase vis--vis Physical Assets.

Intellectual Property enhances National & Institutional valuation and branding.

Intellectual Property can be a source of revenue for the institute.

INTELLECTUAL PROPERTY

INDUSTRIAL PROPERTY

COPY RIGHT

PATENTS DESIGNS TRADEMARKS

Geographical Indications

PATENT A Patent is a set of exclusive rights granted by a state( or national ) government to an inventor or their assignee for a limited period of time in exchange for a public disclosure of an invention

Protection Of Intellectual Property In India

(Patents, Designs, Trade Marks & Copyrights)

MINISTRY OF COMMERCE AND INDUSTRY DEPT. OF INDUSTRIAL POLICY & PROMOTION


CONTROLLER GENERAL OF PATENTS, DESIGNS & TRADE MARKS

MINISTRY OF HUMAN RESOURSE DEVELOPMENT DEPT. OF EDUCATION

COPYRIGHT OFFICE

PATENT OFFICE GIR Sr.JOINT CONTROLLER OF PATENTS AND DESIGNS

TRADE MARKS REGISTRY


JOINT REGISTAR OF TRADEMARKS

REGISTAR OF COPYRIGHT

Patent Grant Procedure


Filing of PATENT APPLICATION

EXAMINATION & NOVELTY SEARCH


ACCEPTANCE OR REFUSAL NOTIFICATION OF ACCEPTANCE

OPPOSITION (if any)

GRANT OF A PATENT

COPYRIGHTS The rights of authors of literary and artistic works (such as books and other writings, musical compositions, paintings, sculpture, computer programs and films) are protected by copyright, for a minimum period of 50 years after the death of the author.

TRADE MARKS
. A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements.

The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark

TRADE SECRETS
A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers Examples of well known trade secrets include the formula for Coca-cola and Colonel Sanders recipe for fried chicken. But a secret doesn't have to be famous to be a trade secret - many valuable trade secrets remain secret because the general public is not aware that the information exists.

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