Intellectual Property is a creation of human intellect. In our everyday life we are surrounded by the fruits of human creativity and inventions, starting from an alarm clock that annoys us in the morning to interesting novels that make us dream at night. Intellectual Property forms an integral part of our life

• Intellectual Property is an asset and as such it can be bought, sold, licensed or exchanged.

• In simple terms Intellectual Property is a product of human intellect, skill and labour.

IPR are the rights given to people over the creation of their mind. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time. During this period IPR can be used, sold, licensed or even abandoned like any other more tangible assets.

Patent Copyright Design Trademark Geographical Indications Layout Design of Integrated Circuits New Plant Varieties

• Patent is an exclusive right granted for an invention. A patent is granted to a person who has invented a new and useful article or a new process of making an article or has improved an existing article.

Law applicable in India The Patents Act, 1970.

The protection is granted for a limited period, generally 20 years.

Copyright relates to original literary, dramatic, musical or artistic works, cinematograph films and sound recordings. Copyright is a proprietary right and comes into existence as soon as the work is created.

Law Applicable in India The Copyright Act, 1957

as amended in 1983,1984,1992,1994 and 1999.

Design is an idea as to features of shape, configuration, pattern or ornament applied to an article . It refers to the non-functional appearance of the product, which appeals solely to the eyes. Law Applicable in India

The Designs Act, 2000.

Duration of protection is initially for 10 years and extendable for another term of 5 years.

Trademark refers to any visual symbol , logo , pictures or signs or combination of the above used to identify a companies product from a competitor.

The term of registration of Trademark is valid for 10 years which could be extended.

Law Applicable in India The New Trademark

Act,1999.

• Geographical Indications is a new concept. It is an indication used to identify the goods, whether natural or manufactured goods emanating from a particular area or territory known for particular quality or characteristics of the goods.

Law Applicable in India Geographical Indication of Goods (Registration and Protection) Act 1999.

 

Layout Design of Integrated Circuits is another new concept, which has been introduced in the field of Intellectual Property. Integrated circuits are utilized in a wide range of products starting from computers to articles of everyday use, such as watches, television sets, washing machine, automobiles, etc.

Law Applicable in India The semi-conductor Integrated

Circuits Layout-Design (SICLD) Act,2000

New Plant Varieties : The creation of New Plant Varieties and their use is a matter of great public interest. Creation of such varieties has become possible by scientific research. To encourage the creative efforts the organization or an individual producing such varieties should be rewarded by granting them patent .

Traditional Knowledge

Digital copyright

Domain Name

It is an international organization , formed for protecting and promoting IP.

To improve the Economic growth of countries.

184 countries are members of WIPO.

FOR MOST PRODUCTS EVERY FORM OF INTELLECTUAL

PROPERTY RIGHTS CAN BE OBTAINED

CAMERA

“PATENT” For every individual improved mechanism

“DESIGN” For outer shape & Contour / Configuration

“TRADE MARK” Brand name or Logo for goods denoted as ®“COPY RIGHT” For Instruction / manual booklet denoted as ©

Industrial design protection for 3D shape

Brand name- registered under trademark

Music played on the CD player is protected by copyright

Various technical parts &

mechanisms are subject

mater of protection

under Patents

FOR MOST PRODUCTS EVERY FORM OF INTELLECTUAL

PROPERTY RIGHTS CAN BE OBTAINED

Pressure Cooker

“PATENT” For every individual improved mechanism “DESIGN” For outer shape & Contour / Configuration“TRADE MARK” Brand name or Logo for goods

denoted as ®“COPY RIGHT” For Instruction / manual booklet denoted as ©

Sr.JOINT CONTROLLE

R OF PATENTS

AND DESIGNS

JOINT REGISTAR OF TRADEMARKS

MINISTRY OF COMMERCE AND

INDUSTRY

MINISTRY OF HUMAN RESOURSE DEVELOPMENT

DEPT. OF INDUSTRIAL POLICY & PROMOTION

DEPT. OF EDUCATION

CONTROLLER GENERAL OF

PATENTS, DESIGNS & TRADE MARKS

PATENT OFFICE

TRADE MARKS REGISTRY

COPYRIGHT OFFICE

REGISTAR OF COPYRIGHT

GIR

COMPANY NO. OF PATENTSToyota - 99,999+GM - 11,000Honda - 97,000+Renault - 23,000+Daimler Benz - 7,000+Land Rover - 2,100+Volkswagen AG - 16,000+Porsche AG - 12,000+General Electric/GE - 25,553SONY - 20,873Ford/Ford Global - 8,888IBM - 99,999+

European Patent office database, Sept. 2007

Direct Infringement

Contributory or induced Infringement

Vicarious Infringement

Direct

Contributory

Vicarious

It is wholesale reproduction and distribution of ‘protected’ works

It occurs when someone knowingly encourages infringing activityWhen for financial benefit the operator in spite of his ability to control and check infringements deliberately restrains from checking the users from committing such acts

Ignorance no excuse!

How to deal with infringement?

Offender Defender

Identify Your Position

What should you do with the infringer?

It’s all about money, not emotions

Don’t be intent on destroying the infringer

What should you expect out of an infringement suit?

Must work out a solution

Resources for Successful IP Generation

• ‘Breaking out’ mindset

• Tools for inventive creativity

• Interrogator

• Writing abilities

Management’s encouragement (moral and financial)

What is the value of an IP?

Single IP may or may not carry much/any value, a carefully constructed portfolio will normally carry high value

Value?

FACTS In India, small and medium scale

Industries are the ones who come out with maximum(90%) innovations.

B.E students who do projects in their respective discipline, can register their projects under IPR if its really innovative.

As soon as the duration of the protection through IPR is over, it becomes a public domain.

FACTS (cont.)

Many companies use this IPR as a weapon to compete with the other players in the market.

IPR is given to a product, only when its used for commercial purpose.

THANK YOU