Date post: | 23-Jun-2015 |
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INTELLECTUAL
PROPERTY RIGHTS
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I
P
R
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
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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.
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TYPES OF IPRs
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IPR
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PATENT
Governed by The Patents Act 1970
Now Patents Act 2005 Came into force on 1 January 2005
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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
Bringing a NEW
Idea
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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 can’t even think of that idea
The invention Must have some future utility
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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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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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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
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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
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Complete or Final
Specification
Mandatory to be filed within 12 months
after the Provisional
specification
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WHERE TO APPLY ???
PATENT OFFICES IN
INDIA
DELHI MUMBAI CHENNAI KOLKATA(Head Office)
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HOW TO APPLY
overruled Accepted
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COPYRIGHT
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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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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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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DURATION OF COPYRIGHTS
Literary, dramatic, musical and artistic works
Computer Generated Works
Sound Recordings
Broadcasts
Life of the author + 70 Years
50 Years
50 Years
50 Years
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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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TRADEMARKS
Sign or combination of signs capable of distinguishing a particular Good or service
(INDIAN TRADEMARKS ACT 1999)
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FUNCTIONS OF TRADEMARKS
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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PLANT BREEDERS RIGHTS
New Plant Variety Protection Act in 2001
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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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INDUSTRIAL DESIGN
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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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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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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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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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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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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EXAMPLES
• CUSTOMER LISTS• BUSINESS INFORMATION • EMPLOYEE DETAILS• FINANCIAL RECORDS • DATA COMPILATIONS • BUSINESS PLANS AND STRATEGIES• FORMULAE• DESIGNS • DRAWINGS • ALGORITHMS
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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 3rd parties while discussing any business prospects and ventures.
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Adequate Documentation
Security Systems
Businesses must keep a track of the trade secrets that are developed and belongs to them.
Human Technical Security Security
+
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