introduction to ipr
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Sess
ion1DefinitionDefinition
Intellectual property (IP) is the name given
to property arising out of human
intellectual effort.
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The output of human
intellectual effort often
manifests itself as new or
original knowledge or
creative expression which
adds a desirable quality to a
marketable product or
service.
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Various elements provide intellectual output with
attributes that, in one way or another, enhance the
quality of life.
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Sess
ion1These elements may be called
► human endeavour,
► ingenuity,
► creativity,
► inventiveness,
► flash of inspiration,
► sudden insight, or
► new insight into observed facts.
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► These Elements may involve in
■ solving a technical problem in making something
with more desirable functional qualities, or
■ result in creating something aesthetically pleasing,
to satisfy a human need or want, be it sensory,
social, cultural, mental, spiritual or religious.
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Intellectual property refers to creations of the mind:
► Inventions,
► literary,
► Artistic works,
► Designs used in commerce,
► Symbols,
► Names,
► Images.
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Sess
ion1Characteristics of IPCharacteristics of IP
► A key characteristic of any property is that the owner
of property has the exclusive authority to determine
how that property is used.
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Physical Property(Tangible or Material)
Intellectual Property(Intangible or Immaterial)
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Physical Property(Tangible or Material)
Intellectual Property(Intangible or Immaterial)
In both the case the owner has
exclusive right to determine how it
is used.
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Physical Property(Tangible or Material)
Intellectual Property(Intangible or Immaterial)
Can only be used by one or a limited number of people at a given time.
Can be used by various people at the same time (including the owner or creator).
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Physical Property(Tangible or Material)
Intellectual Property(Intangible or Immaterial)
Has economic value as long as it exists or as long as there is demand for it.
Has economic value only for the duration specified in the laws and as long as there is demand for it.
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Physical Property(Tangible or Material)
Intellectual Property(Intangible or Immaterial)
Possibility of theft and disputes concerning ownership is rather limited.
Greater possibility of theft and disputes concerning ownership.
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Physical Property(Tangible or Material)
Intellectual Property(Intangible or Immaterial)
Theft occurs only if the possession of the property changes hands.
Theft occurs if the property is copied, imitated, adapted, translated, used, displayed, etc. without permission of the owner or creator.
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Physical Property(Tangible or Material)
Intellectual Property(Intangible or Immaterial)
In both the cases Expenditure or
income from the property may be
subject to taxation.
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Physical Property(Tangible or Material)
Intellectual Property(Intangible or Immaterial)
Both the properties May be
valued and reflected on
account books and balance sheets.
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Physical Property(Tangible or Material)
Intellectual Property(Intangible or Immaterial)
Both the properties May be
securitized and used as collateral
for borrowing money
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Physical Property(Tangible or Material)
Intellectual Property(Intangible or Immaterial)
Both the properties May
be insured.
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ion1Intellectual PropertyIntellectual Property
Industrial PropertyIndustrial Property CopyrightCopyright
PatentsPatents
Trade MarkTrade Mark
Industrial DesignsIndustrial Designs
Trade SecretsTrade Secrets
Geographic Indications
Literary WorksLiterary Works
Artistic WorksArtistic Works
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Sess
ion1PatentsPatents
A patent is an exclusive right granted for an invention,
which is a product or a process that provides a new and
non-obvious way of doing something, or offers a new
and non-obvious technical solution to a problem.
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ion1Trade MarkTrade Mark
A trademark is a sign or any combination of signs,
capable of distinguishing a product or service from
other products or services on the market.
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ion1Industrial DesignsIndustrial Designs
An industrial design (or simply a design) is the
appearance of the whole or part of a product resulting
from features of, in particular, the lines, contours,
colours, shape, texture and/or materials of the product
itself and/or its ornamentation.
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ion1Trade SecretsTrade Secrets
Trade secrets or confidential business information are any
information that can be used in the operation of a business
and that is sufficiently valuable and secret to afford
economic advantage over others.
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Sess
ion1Geographic IndicationsGeographic Indications
A geographical indication is a sign used on goods that
have a specific geographical origin and possess qualities
or reputation that are due to their place of origin.
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ion1CopyrightCopyright
Copyright describes a bundle of rights given to creators in relation to their literary and artistic works. It protects items such as paintings, drawings, sculptures, photographs, architecture, instruction manuals, software, databases, technical documentation, advertisements, maps, literary works, music, films or songs.
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ion1One Product, Many IP Rights One Product, Many IP Rights
A single product may be protected by a variety of
different IP rights e.g. CD Player.
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► The innovative technical features of the product are
protected by a series of PATENTS.
► The embedded computer programme controlling
the operations are protected by COPYRIGHTS.
► The aesthetic design of CD Player can be protected
by INDUSTRIAL DESIGN.
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► The Brand used to market it can be protected as a
TRADEMARK.
► In addition, the manufacturers probably hold a
numbers of TRADE SECRETS ranging from their
customer list to some of manufacturing processes or to
other confidential information that they would not
want to disclose to the competitors.
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► In addition, the inventors of CD chose to grant the
authorization (or LICENCE) to a number of companies
to use the CD technology in exchange of Payment, thus
acquiring additional income from the LICENCE.
► The inventors of innovative products can obtain
exclusivity to use, or prohibit others from using, each
one of this elements through IP Protection. 29
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