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Patents

Patents

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Published by lalitarun

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Published by: lalitarun on Jun 25, 2010
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03/11/2011

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Introduction to Intellectual Property Rights
This short lesson basically teaches you the various types of Intellectual Property (IP)and Intellectual Property Rights.
What is IP?
IP is Intellectual Property - It is basically intangible property that is created at themind of the humans before being converted to material forms. Property here is thehuman thought process and the protection accorded to such thought process. Eg:idea, business method, invention etc.
What are IP rights?
As the name indicates Intellectual Property Rights are exclusive rights over thecreations of the mind. A creator can have exclusive rights over his creation for acertain period of time depending upon the type of Intellectual Property.
Why protect IP rights?
Protection of IP rights is done in order to have monopoly over their inventions andcreations and thus possess exclusive rights over their invention for a certain period of time depending upon the type of Intellectual Property.
Types of Intellectual Property
 
a.
Patents:
Patent is a grant given by the Government to an inventor for havingmade an invention. Once granted, a patent gives the inventor the right to excludeothers from making, using, selling, importing or offering for sale the invention for theduration of the patent term.b.
Trademarks:
Trademark is a unique symbol that is used in marketing the businessproducts by a person who owns the symbol. The trademark owner will have monopolyover the usage of that symbolExamples: Brands, Logos, Service marks, Trade name etc.c.
Design Patents:
These are patents for industrial designs. It deals with theprotection of a unique design, shape, or ornamental surface of an object. In India theyare called only as Designs and are regulated by the Designs Act and administered bythe Designs Office located at Kolkata
d.
Plant Patents:
According to the US Law plant patents are issued when aperson has invented or discovered and has asexually reproduced a new variety of plant that is distinct. The plant should be other than a tuber propagated plant or aplant found in an uncultivated statee.
Copyrights:
Copyrights are a form of IP rights given to an author, artist,composer, or programmer to exclude others from either copying or publishing literary,dramatic, musical, artistic, or software works.f.
Geographical indications:
It is a name or sign used on certain products or whichcorresponds to a specific geographical location or origin. The use of a geographicalindication is that it may act as a certification that the product possesses certainqualities, or enjoys a certain reputation, due to its geographical origin.g.
Internet Domain Names and Disputes:
A domain name is the address of a website which is intended to be easily identifiable and remembered, such astmpsearchers.com. Sometimes they are used as trademarks or business identifiers
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also thus attracting customers to the websites. The reasons for domain name disputesmay be several. One of them is that when your domain name is similar or confusingwhen compared to some other domain name.h.
Trade Secrets:
Any information that is not generally known, that will give abusiness advantage, or is commercially useful. Sometimes it is considered andreferred to as confidential information. It may be a formula, process, design, deviceetc.i.
Unfair Competition:
The law of Unfair Competition helps in dealing with theeconomic injury caused to the business because of a wrongful business practice. Itmay be in relation to any distinctive design, slogan, shape, business lay out etc.
Patent Lesson - 2
These are basic concepts in Patent Law. I have tried to make this lessons as far aspossible in the form of questions and answers. Please read from top to the bottom. Ihave arranged the questions in such a way that the subject logically flows and thequestions stem from the answers to the earlier question.I agree that the first few lessons are the toughest lessons to learn as these are merelyabstract concepts. Secondly you are learning a new subject which is part technologyand part Law. But make no mistake about it, you must learn these basic things as theyconstitute the foundation upon which you are going to build your knowledge of Patents.
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