TYPES OF PROPERTIES

o Immovable: Land, Building etc.

o Movable: Car, TV, Mobile
o Intellectual Property: Creation of human
intellect

Inventor/ Creator of such IP put his/her

Time
Money
Efforts
Thoughts
for the creation of the work
The following items needs protection as IP
o Disc - Integrated circuits - Performances
o Broadcasts - Videos - Computer game
o Images - Computer program - Inventions
o Logos - Designs for objects - Industrial process
o Material - Chemical formulas - Company name
o Trademarks - Materials - Perfumes
o Geographical origin for certain types of products

Rights assured by the law for the protection of intellectual

property (creation of human intellect) is known as IPR
Different forms of IPR

o Patents
o Copyrights
o Trademarks
o Related rights
o Industrial design
o Unfair competitions
o Geographical indications
o Protection of new varieties of plants
 Different forms of IPR (cont.)
o Inventions e.g.- A new form of jet engine, new chemical entity
protection is governed by PATENTS
o Literary, artistic & scientific works
protection is governed by COPYRIGHTS
o Performances, broadcasts e.g.- concerts
protection is governed by REALATED RIGHTS
o Industrial designs e.g.- tab. machine, shape of soft drink bottle
protection is governed by INDUSTRIAL DESIGN
o Trademarks, service marks, commercial names e.g.- logos or
names of product with unique marks protection is governed by
TRADEMARKS
Different forms of IPR (cont.)
o Unfair competitions e.g.- false claims against a competitor or
imitating a competitor with a view to deceive the customer
protection is governed by UNFAIR COMPETITIONS
o Geographical indications
Identifies a good as originating in the territory of country
o New plant varieties
protection under PROTECTION OF NEW VARIETIES OF PLANTS
For most of the 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 ©

7
 Mobile Phone

Music & Movies

Industrial played on the
design mobile, instruction
protection manual is protected
for shape by copyright

Various technical
Brand name- parts &
registered under mechanisms are
trademark subject mater of
protection under
8
Patents
 PATENTS

o A patent is a set of exclusive rights granted

by a state to an inventor or his assignee for
a fixed period of time in exchange for a
disclosure of an invention.

o The procedure for granting patents, the

requirements placed on the patentee and
the extent of the exclusive rights vary
widely between countries according to
national laws and international
agreements.
PATENTS FOR VARIOUS GENERATIONS OF COMPUTER
 COPYRIGHTS
o Copyright is concerned with protecting the work of
the human intellect.
o The domain of copyright is the protection of
literary and artistic works.
o These include writings, music, and works of the fine
arts, such as paintings and sculptures, and
technology-based works such as computer
programs and electronic databases.
o Copyright protects works, that is the expression of
thoughts, and not ideas.
12
 TRADEMARK
o Trademark is a visual symbol or representation in the
form of word, device or label attached to the goods or
applied to the articles of commerce for the purpose of
indicating their trade origin & distinguishing them from
similar goods manufactured by others.
o Trademark also includes shape of goods, their packaging
& combination of colors.
Pharmaceutical Trademarks

14
Pharmaceutical Trademarks

15
INDUSTRIAL DESIGNS
Creative Industrial Designs
PATENTS

o A patent is a set of exclusive rights granted by a state

to an inventor or his assignee for a fixed period of
time in exchange for a disclosure of an invention.

o The procedure for granting patents, the requirements

placed on the patentee and the extent of the
exclusive rights vary widely between countries
according to national laws and international
agreements.
Patentable inventions
“Everything under the sun made by man.”
Products: things
Processes: ways to make things
Methods: ways to do things
Improvements: better things

 Novelty (Newness)
Never have been made/used/carried out before Case Studies

 Non-obvious (Must have inventive steps)

 Usefulness (Industrial applicability)

Non-Patentable Inventions
o Any invention which is contradictory to well established
natural laws
o Those inventions which are injurious to public health or
violate public morality or public interest.
o New method of agriculture or horticulture
o A process of treatment of human beings, animals or plants
o The mere discovery of scientific principles or the formulation
of an abstract theory (e.g.- theory of relativity)
o A substance obtained by a mere admixture resulting only in
the aggregation of the properties of the components thereof
or a process for producing such substance.
 Non-Patentable Inventions
o The mere arrangement or rearrangement or duplication of known devices
each functioning independently of one another in a known way
o Scientific theories or mathematical methods
o Schemes, rules or methods, such as those for doing business, performing
purely mental acts or playing games
o Plants & animals other than micro-organism
o An invention which in effect, is traditional knowledge or which is an
aggregation or duplication of known properties of traditionally known
component or components.
o Inventions related to atomic energy, on the ground of national security.
o Things already existed in nature (patent not given for discovery of new
planet)
o Guillotine
Those inventions which are injurious to public health
or violate public morality or public interest.

22
Protection Of Intellectual Property In India
(Patents, Designs, Trade Marks & Copyrights)

MINISTRY OF
MINISTRY OF HRD
COMMERCE AND
INDUSTRY
DEPT. OF INDUSTRIAL DEPT. OF EDUCATION
POLICY & PROMOTION

COPYRIGHT OFFICE
CONTROLLER GENERAL OF
PATENTS, DESIGNS & TRADE MARKS

PATENT TRADE MARKS REGISTAR OF

OFFICE REGISTRY COPYRIGHT

Sr.JOINT GIR
CONTROLLER OF JOINT REGISTAR
PATENTS AND OF TRADEMARKS
DESIGNS