Creation of Human Mind Scientific, industrial, Literary,
artistic domains In the form of invention, Manuscript, software, a
business name Intellectual Property Rights To control use of the
same properties 22
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LEGAL DEFINTION OF IPR Intellectual Property Rights are legal
rights, which result from intellectual activity in industrial,
scientific, literary & artistic fields. 33
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44
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55
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PATENT Governed by The Patents Act 1970 Now Patents Act 2005
Came into force on 1 January 2005 66
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77 PARTS OF DEFINTION An exclusive right Granted for an
invention Minimum time of 20 years Provides a new way of doing
something or offers a new technical solution to a problem
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88 CONDITIONS FOR AN INVENTION TO BE PATENTABLE Novelty
Inventiveness Usefulness No prior disclosure of any information
before the filling date The feeling should not be there that the
Practitioner cant even think of that idea The invention Must have
some future utility
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99 INVENTIONS WHICH ARE PATENTABLE Art, process, manner or
method of manufacture Machine, apparatus or any other articles
Substances produced by manufacturer, which include any new and
useful improvements of any 1 of them or An alleged invention.
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10 INVENTIONS WHICH ARE PATENTABLE NOT Inventions against
morality or injurious to health. Mere discovery of a scientific
principle. A method for agriculture or horticulture Inventions
relating to atomic energy Any new substance obtained by mere
admixture
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11 ESSENTIAL DOCUMENTS TO BE SUBMITTED IN THE PROCESS OF
PATENTING Provisional Specification Necessary Specification Filed
to establish the priority in the invention Patent is not granted
here Time for Provisional Specification 12 months + 3 months grace
period 1
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12 CONTENTS Field of invention Background including drawbacks
Description along with experimental results Drawings etc. for
understanding Claims which prove the legal proprietorship of the
invention 2 Complete or Final Specification Mandatory to be filed
within 12 months after the Provisional specification
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13 WHERE TO APPLY ??? PATENT OFFICES IN INDIA PATENT OFFICES IN
INDIA DELHI MUMBAI CHENNAIKOLKATA (Head Office)
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14 HOW TO APPLY o verruled Accepted
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15 Generally Copyright is a protection which protects the
original creative expression of an idea Sufficient amount of labor,
judgement, capital and skill of the actual creator LAST AMENDED IN
1999 The copyright act 1957
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16 NECESSARY CONDITIONS FOR COPYRIGHT PROTECTION It is recorded
in some form e.g. in writing, by a sound recording, on a computer
disk or in a printed form. Must meet the requisite degree of
originality If it is of a type protected under the copyright
protection.
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17 WORKS PROTECTED BY COPYRIGHT Original Literary, dramatic,
musical and artistic works. Sounds recording, films or broadcasts
Typographical arrangements of published editions.
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18 DURATION OF COPYRIGHTS Literary, dramatic, musical and
artistic works Computer Generated Works Sound Recordings Broadcasts
Life of the author + 70 Years 50 Years
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19 COPYRIGHT INFRINGEMENT Primary Infringement Secondary
Infringement. When the exclusive rights of the author is performed
by a party without the consent of the Author. When Rights are
distributed after performance
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20 TRADEMARKS Sign or combination of signs capable of
distinguishing a particular Good or service (INDIAN TRADEMARKS ACT
1999)
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2123 To distinguish the products or services of one enterprise
from those of other enterprises Trademarks distinguish products or
services from one source, from identical or similar products or
services from other sources Guarantee function of trademarks refers
to a particular quality of the product or service for which it is
used Appeal function creates interest and inspire a feeling of
confidence of the customers.
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2221 PLANT BREEDERS RIGHTS New Plant Variety Protection Act in
2001
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2322 DEFINTION Rights granted to the breeder of a new plant
that give him the exclusive control over the propagating material
and harvested material of a new variety for a number of years.
Seed, cuttings, divisions, tissue culture Cut flowers, fruit,
foliage
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2425 An industrial design right is an intellectual property
right that protects the visual design of objects that are not
purely utilitarian.
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2526 Creation of a shape Configuration or composition of
pattern Colour or combination of pattern Colour in three
dimensional form containing aesthetic value An industrial design
can be a two- or three-dimensional pattern used to produce a
product, industrial commodity or handicraft. Industrial Design
consists of
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2627 GEOGRAPHICAL INDICATIONS A Geographical Indication (GI) is
a name or sign used on certain products which corresponds to a
specific geographical location or origin (e.g. a town, region, or
country) Darjeeling Tea became the first GI tagged product in
India, in 2004-05, since then by September 2010 (Geographical
Indication Of Goods Act 2000)
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2728 Such identification enables the product to gain reputation
and goodwill all over the world Preventing an unauthorized use of
the commodity registered as GI by any third party. Helps in proper
distribution of the economic benefits. SIGNIFICANCE OF GEOGRAPHICAL
INDICATION REGISTRATION
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2829 A trade secret refers to data or information relating to
the business which is not generally known to the public and which
the owner reasonably attempts to keep secret and confidential
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2930 CRITERIAS FOR TRADE SECRETS It must not be generally known
or readily accessible by people who normally deal with such type of
information It must have commercial value as a secret The lawful
owner must take reasonable steps to keep it secret
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30 EXAMPLES C USTOMER LISTS BUSINESS INFORMATION EMPLOYEE
DETAILS FINANCIAL RECORDS DATA COMPILATIONS BUSINESS PLANS AND
STRATEGIES FORMULAE DESIGNS DRAWINGS ALGORITHMS
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3130 Employment Agreement Trade Secret Policy Non-disclosure
Agreements (NDAs) TOOLS TO PROTECT TRADE SECRETS Suitable
confidentiality, non- -disclosure in agreements with employees.
Employees must be informed sign an acknowledgement to that
Businesses can also enter into NDAs with 3 rd parties while
discussing any business prospects and ventures.
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3230 Adequate Documentation Security Systems Businesses must
keep a track of the trade secrets that are developed and belongs to
them. Human Technical Security Security +