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What is Intellectual Property Rights (IPR)?

Intellectual Property Rights are the rights given to persons over the
creations of their minds. They usually give the creator an exclusive right
over the use of his/her creation for a certain period of time to inventions,
artistic works, and symbols, names, images, and designs.

KEY FORMS OF INTELLECTUAL PROPERTY

The key forms of intellectual property are patents, copyrights,
trademarks, and trade secrets. Because intellectual property shares many
of the characteristics of real and personal property, associated rights
permit intellectual property to be treated as sold, licensed, or even given
away at no cost. IP laws enable owners, inventors, and creators to
protect their property from unauthorized uses.

Why IPR came into picture?

It is one of the components of GATT conditions which is to be
implemented by all the member countries of the GATT. India is also a
member of GATT and it is an obligation for India to honor and
implement the IPR components.

What is GATT?
GATT stands for General Agreement on Tariffs and Trade.
The GATT’s main purpose was to reduce barriers to international trade.

What is covered under IPR…?
1. Patents,
2. Geographical Indications
3. Copy Rights
4. Trade Marks
5. Trade Secrets
6. Industrial Designs

















INTELLECTUAL PROPERTIES
















COPYRIGHTED &
RELATED RIGHTS ITEM
INDUSTRIAL PROPERTY
ITEMS
1. LITERARY
2. MUSICAL
3. ARTISTIC
4. ARCHITECTURAL
5. TRADITIONAL
CRAFT
1. INVENTIONS
2. PATENTS
3. TRADEMARKS
4. INDUSTRIAL DESIGN
5. GEOGRAPHIC
INDICATORS
IPR IN
INDIA
Patent
Trade
mark
Copyright
Design
Geographical
indication
Trade
Secrets
Copyright
Copyrights provide exclusive right to the creator to use or authorized
other to use their workers. The reproduction in various forms, copying,
printing, recording and adaptation are prohibited. This right provides
economic right to the creator that is the financial benefit for a lasting
period of fifty years after the creator death.
1. The literary works include novels, new papers, articles, screen
play and dictionaries.
2. The artistic works which are important to a common man include
paintings, drawings, photographs and videotapes etc.
3. The musical works include songs, lyrics, broadcasted on radio etc.
4. The architectural works includes the designs, drawing and plans.
The furniture is protection under industrial design whereas toys are
protected under industrial design and copy rights.
5. Even the traditional craft items like carpets, cotton bed covers
can also be registered for protection as an industrial design.

Trade Mark
A Trade Mark is any sign which can distinguish the goods and services
of one trader from those of another.
It can be patented like Invention and Industrial designs.
A sign includes, for example, words, logos, pictures, letters, even sounds
or a combination of these.
The trade marks not only protect the owner rights but also required for
consumer to have confidence in product purchase by him.
The reputation and the quality are also associated with trade-marks.
The trade-marks are generally registered for seven years but they can be
renewing indefinitely by applying again and paying the required free.

Patents
One might say that a patent is a contract between society as a whole and
an individual inventor. Patents protect inventions and improvements to
existing inventions.
A Patent is an exclusive monopoly granted by the Government to an
inventor over his invention for limited period of time. Patents protect
inventions and improvements to existing inventions.
An inventor or any other person/company assigned by the inventor can
obtain the patent over his invention. A patent is obtained by the inventor
or his assignee by filing an application with the patent office in the
stipulated forms as required by the Patent act of that country.
A patent is granted only on that invention, which is new (Novelty), non-
obvious and has industrial applicability.
New (Novelty): It must show some new characteristic that is not known
in the body of existing knowledge in its technical field.
Non-obviousness: It must show an inventive step that could not be
deduced by a person with average knowledge of the technical field.
Industrial Applicability: The invention must be of practical use
capable of some kind of industrial application.
Patents, however, are not easily obtained.

Trade Secrets
Any information that may be used in the operation of a business and that
is sufficiently valuable to afford an actual or potential economic
advantage is considered a trade secret. Examples of trade secrets can be
formulas for products, such as the formula for Coca-Cola; compilations
of information that provide a business with a competitive advantage,
such as a database listing customers; and even advertising strategies and
distribution processes.
Unlike patents, trade secrets are protected for a theoretically unlimited
period of time, and without any procedural formalities. The larger the
company, the more it needs legal protection for its commercial secrets.

Invention
An invention has been defined as a process or a product which provides
a new way of doing some thing or provides a new solution to a problem.
Inventions are protected by the patents. The owner of inventions can get
invention registered under a patent.
A patent is granted for a period of 20 year form the date of filing the
application of patent. After this period the invention is available to all
for commercial exploitation and it becomes a public property.

Industrial design
The design can be two dimensional like patterns, lines or colors.
They can be three dimensional like surface or shape of an article. These
Designs are made to look things attractive and beautiful. They also have
the commercial value. Due to these reasons, the industrial design is
protected. One has to register this design against limitation and un-
authorized copying. The protection is provided for five years and it can
be renew for fifteen years.

Geographical Indicator
The things like basmati rice of dehra dhun, Darjeeling tea etc. are the
product which can be protected by laws and international agreements
because they are the geographical indicators of source