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7/28/2019 IPR - Presentation1
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IPR
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What is IP?
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• Intellectual Property (IP)
• Refers to creations of mind:
• literary, artistic and scientific works,
• inventions in all fields of human endeavor
• scientific discoveries
• Industrial designs
• Symbols, names, images and designs
which used in commerce which is
incorporated by standard organization WIPO(World Intellectual Property Organization)
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Intellectual property means that creativity,
innovation and inspirational incorporation of
an individual’s perception and idea, which if
practiced or molded in a form yields tangible,
substantial and real result and product, whichare distinctive and exclusive in its very
nature.
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•
Intellectual property is traditionallydivided into two branches,
• industrial property: which includes
inventions (patents), trademarks,industrial designs, geographical indicationof source, commercial names etc.
• Copyright: which includes literary and
artistic works such as novels, poems,plays, films, musical works, drawings,painting, photographs and sculptures andarchitectural designs.
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What Is Need of IPR?
The outcome of author’s / creator’s idea isverily said to be owned by him if it isexclusive his effort. The practical implicationof work, then thus become a property and a
material good of his. and as per the rights andobligations towards one’s own property, theintellect work of an individual is alsoprotected under the provisions of IP laws.
The work of an individual is the outcome of hisbrain power and so there are those rightsconferred on him by the IP laws.
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IPR – Intellectual Property Rights
Is the right to protect the creation of humanmind. IPR are legal rights governing the use
of such creation. This term covers the
bundles of rights such as patent, trade mark,
industrial design, copy right, geologicalindications etc. Each of them is different in
scope , duration with a different purpose and
effect.
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• Reward original efforts
• Motivate innovation and
creativity
•
Prevent duplication of work
• Commercial value in research
• Prevent exploitation of work
• Technical information for
research & to prevent
litigation
Why IPR is important?
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However all IPRs generally exclude third partyfrom exploiting the protected subject matterwithout authorization of right holder. Thisenables IPR owners or the right holders to use
or disclose their intellectual property withoutfear of loosing of control.
The owner thus exercises his monopoly over hisproduct by way of the IP rights conferred to
him. These rights safeguards the proprietaryrights of owner so as to protect him againstany harm caused because of any wrongful actover his honor and entitlement.
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Forms of IPR
IPR
Patents
Copy-
Rights
Trade-
mark
Design
Geo-
graphicalIndication
Int.
circuits
Plant
Breeder
Rights
Trade
secrets
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What is a PATENT?• A patent is an exclusive right granted for
an invention, which is a product or a processthat provides a new way of doing something,or offers a new technical solution to aproblem
• The limited monopoly right granted by thestate enables an inventor to prohibit anotherperson from manufacturing, using or sellingthe patented product or from using thepatented process, without permission.
• Period of Patents - 20 Years and 5-7 yrs forPharmaceutical product and required renewalcontinuously up to the end of term or becomea public property
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What can be PATENTED?
Inventions in all fields of technology, whether
products or processes, if they meet the
criteria of
• Novelty;
• Non-obviousness (inventive step);
• Industrial application (utility).
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Conditions of Patentability? • Novelty: Invention not known to public prior
to claim by inventor
•
Inventive Step: Invention would not beobvious to a person with ordinary skill inthe art
•
Industrial Application: Invention can be madeor used in any useful, practical activity asdistinct from purely intellectual oraesthetic one
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Grant of Patent
• Patents are granted by national patentoffices after publication and substantialexamination of the applications
• In India provisions exist for pre-grant andpost grant opposition by others
• They are valid within the territorial limits
of the country
• Foreigners can also apply for patents
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What is Copyright?
• "Copyright" is a protection that coverspublished and unpublished literary,scientific, and artistic works, whatever theform of expression, provided such works arefixed in a tangible or material form.
• This means that if you can see it, hear it,and/or touch it-- it is protected
•Copy Right act, 1957
• Period of Copy Right- Whole of life + 60 yrsafter his death
©
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What is Copyrighted
•
Works that have not been fixed in a tangibleform of expression; for example,improvisational speeches or performances thathave not been written or recorded.
• Titles, names, short phrases and slogans;familiar symbols or designs; variations oftypographic ornamentation, lettering orcoloring; listing of ingredients or contents.
• Ideal procedures, methods, systems ,processes, concepts, principles, discoveries,or devices, as distinguished from adescription, explanation or illustration.
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What is not Copyrighted
• Works that have not been fixed in a tangibleform of expression; for example,improvisational speeches or performances thathave not been written or recorded.
• Titles, names, short phrases and slogans;familiar symbols or designs; variations oftypographic ornamentation, lettering orcoloring; listing of ingredients or contents.
• Ideal procedures, methods, systems ,processes, concepts, principles, discoveries,or devices, as distinguished from adescription, explanation or illustration.
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Copyright
18
Films
Literary Dramatic Musical Artistic
Sound Recording
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Trade Mark
• A name of an enterprise or a Mark capable of
being represented graphically, distinguishing
the goods or services of one person from
those of others
• Trade Mark can be –
o sign , words, letters, numbers,
o drawings, pictures, emblem,
o colors or combination of colors,
o shape of goods,o graphic representation or packaging or
o any combination of the above
as applied to an article or a product.
™
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Trade marks
Name
Logotype
Symbol
Slogan
Shape
Color
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Registered trademark
Intent to use application filed for product
Intent to use application filed for services
Trade Mark
®
™
SM
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Trademarks & Service Marks
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Trademarks & Service Marks