an introduction to intellectual property
TRANSCRIPT
- Raja Pannir Selvam
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.
Types of Intellectual Property
Trademarks
Patents
Copyrights
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
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.
Types of trademarks
Product trademarks
Service trademarks
Certification trademarks
Collective trademarks
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
Important of trademarks
Brand identity;
Consumer goodwill
Avoid consumer confusion
Stop others from taking and using your brand
Commercialization
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
Protecting Your Trademarks
Use it extensively and properly; Brand usage policy.
File an application with the trademark office;
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.
What are patentable?
The invention must be new;
Must involve an inventive step;
The invention must be capable of industrial application.
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
Importance of patents
Prevent others from copying your invention;
Keep competitors at bay;
Use in negotiations;
Enhance reputation;
Commercialization;
Protecting Your Inventions
Proper Documentation;
Confidentiality; NDA to be signed even before discussions
File an application with the patent office;
Copyrights
Copyright is
An exclusive legal right;
given to the author
to print, publish, perform, film, or record literary, artistic, or musical material.
What can be copyrighted?
Original literary, dramatic, musical and artistic works;
Cinematograph films;
Sound recordings.
What can't be copyrighted?
Ideas;
Information in public domain
Importance of copyrights
Commercialization
Stop others from copying your work;
Copyrights Protection
Attach a copyright notice to your work; © ABC Inc - 2011
File an application with the copyright office;
Thank You!
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