an introduction to intellectual property

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- Raja Pannir Selvam An Introduction to Intellectual Property

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Page 1: An introduction to intellectual property

- Raja Pannir Selvam

An Introduction to Intellectual Property

Page 2: An introduction to intellectual property

Intellectual Property is

creations of the mind;

inventions, literary and artistic works; and symbols, names, images and designs used in commerce.

Page 3: An introduction to intellectual property

Types of Intellectual Property

Trademarks

Patents

Copyrights

Page 4: An introduction to intellectual property

Importance of Intellectual Property

Drives Economic Growth and Competitiveness

Protect Consumers and Families

Breakthrough Solutions to Global Challenges

Encourage Innovation and Reward Entrepreneurs

Creates and Supports High-Paying Jobs

Page 5: An introduction to intellectual property

Trademarks

Trade mark is

a name, word, phrase, logo, symbol, design, image or a combination of these;

enabling the consumer to identify the origin of goods and services and

distinguish the goods and services from one another.

Page 6: An introduction to intellectual property

Types of trademarks

Product trademarks

Service trademarks

Certification trademarks

Collective trademarks

Page 7: An introduction to intellectual property

What cannot be registered as trademarks?

Not Distinctive;Descriptive;Designate the kind, quality, quantity;Common to trade;Deceive the public or cause confusion;Hurt the religious sentiments;Scandalous or obscene matter;Prohibited under the Emblems and Names (Prevention of Improper Use) Act; Chemical Compound or substance.Generic names

Page 8: An introduction to intellectual property

Important of trademarks

Brand identity;

Consumer goodwill

Avoid consumer confusion

Stop others from taking and using your brand

Commercialization

Page 9: An introduction to intellectual property

Basic steps before choosing a trademark

Free searches; Google, Wikipedia etc

Professional searches; Trademarks register, Company names register

Domain Name searches

Social Media name searches

Page 10: An introduction to intellectual property

Protecting Your Trademarks

Use it extensively and properly; Brand usage policy.

File an application with the trademark office;

Page 11: An introduction to intellectual property

Patents

Patent is

A set of exclusive rights;

granted by a Government to an inventor;

for a limited period of time (generally 20 years);

in exchange for the public disclosure of an invention.

Page 12: An introduction to intellectual property

What are patentable?

The invention must be new;

Must involve an inventive step;

The invention must be capable of industrial application.

Page 13: An introduction to intellectual property

What are not patentable?Discovery

Invention against the laws of nature;

Invention contrary to public order or morality;

Invention that causes serious prejudice to human, animal, plant life, health or environment;

Methods; agriculture, treatment, diagnosis, scientific theories, maths.

A literary, dramatic, musical or artistic work or any other aesthetic creation; or

Traditional Knowledge

Invention relating to atomic energy

Computer programs; computer program embedded in hardware is patentable;

Combination of medicines – Cadila Case

Page 14: An introduction to intellectual property

Importance of patents

Prevent others from copying your invention;

Keep competitors at bay;

Use in negotiations;

Enhance reputation;

Commercialization;

Page 15: An introduction to intellectual property

Protecting Your Inventions

Proper Documentation;

Confidentiality; NDA to be signed even before discussions

File an application with the patent office;

Page 16: An introduction to intellectual property

Copyrights

Copyright is

An exclusive legal right;

given to the author

to print, publish, perform, film, or record literary, artistic, or musical material.

Page 17: An introduction to intellectual property

What can be copyrighted?

Original literary, dramatic, musical and artistic works;

Cinematograph films;

Sound recordings.

Page 18: An introduction to intellectual property

What can't be copyrighted?

Ideas;

Information in public domain

Page 19: An introduction to intellectual property

Importance of copyrights

Commercialization

Stop others from copying your work;

Page 20: An introduction to intellectual property

Copyrights Protection

Attach a copyright notice to your work; © ABC Inc - 2011

File an application with the copyright office;

Page 21: An introduction to intellectual property

Thank You!

If you have any questions, feedback or suggestions please do write to me:

[email protected]