rights

Submitted by-
Masoom Zehra (14 MBA 02)
Nasreen Ahmad (14MBA 03)
Content
❑ What is IPR?

❑ Types of IPR

❑ Copyright

❑ Trademark

❑ Semiconductor IC design

❑ Patent

❑ GI

❑ Design

❑ Trade Secrets

❑ Farmers Rights

❑ Problems with IPR

➢ Intellectual property (IP) is a term referring to a number
of distinct types of creations of the mind for which a set
of exclusive rights are recognized—and the corresponding
fields of law.
 Categories of IPR

➢ Copyright- includes literary and artistic works such as novels, poems and
plays, films, musical works, dance, artistic works such as drawings,
paintings, photographs , sculptures, and architectural designs

➢ Industrial rights describes physical matter that is the product of an

idea or concept for commercial purposes.
Types Of IPR
❖ The Indian CopyrightAct,1957 governs the system of copyrights in India.
[Amended in 1982, 1984, 1992, 1994 & 1999]

Meaning :
It is a right which Grants protection to the unique expression of Ideas.

❖ What is “Original”

➢ The term original in the copyright law means that the work originated
with the author or artist.

➢ There is no requirement for novelty or uniqueness as there is in patent

law.

➢ Copyright law protects the expression of an idea. Not the idea itself.
❖ Rights of copyrights

➢ Economic rights

➢ Moral rights,

❖Global nature

❖Duration
➢ Author’s lifetime + 60 years from the end of the calendar year in
which the author dies.
➢ 50 years for films and sound recordings,
➢ 25 years for typographical arrangements of a published edition,
What is covered by copyright?
Literary Films Dramatic

Musical Artistic Sound Recording

➢ A trade mark is any sign which can distinguish the goods of one trader from
those of another. Sign includes, words, logos, pictures, or a combination of
these.
➢ To register a trade mark , the mark must be- Distinctive, and, not deceptive, or
contrary to law or morality, and, not identical or similar to any earlier marks
for the same or similar goods.
➢ A trade mark is used as a marketing tool so that customers can recognize the
product of a particular trader.

❖Duration & Fees Of Trademark

➢ Trademark is valid for 10 years from the date of application which

may be renewed for further period of 10 years on payment of
prescribed fees.
Trademark includes-

Name

Logotype

Symbol

Slogan

Shape

Colour
The Semiconductor Integrated Circuits Layout Design
Act, 2000

➢ Protection of semiconductor integrated circuits layout design and for matter

corrected therewith or incidental thereto.

➢ Condition- original/distinctive

➢ Duration-10 years
❖ A patent is a Monopoly Right granted-
➢ For an invention
➢ By the government
➢ To the inventor or his assignee
➢ For a limited period
➢ It is valid within the country of grant (geographical).

❖Duration
➢ Term of the patent is 20 years from the date of filling for all
types of inventions.
❖ What Does Patent System Do ?
➢ it encourages research.
➢ induces an inventor to disclose his inventions instead of keeping them as
secret.
➢ provides inducement for capital investment
➢ encouraging technological development.
➢ it encourages establishment of new industries.
AMU NANOTECHNOLOGY DEPARTMENT
➢ An indication used to identify agricultural, natural or manufactured goods
originating from a definite territory in India.
➢ It should have a special quality or characteristics or reputation based upon
the climatic or production characteristics unique to the geographical
location.
➢ Examples of Geographical Indications in India are Darjeeling Tea,
Kanchipuram Silk Saree, Alphonso Mango, Nagpur Orange, Kolhapuri
Chappal, Bikaneri Bhujia, etc.
➢ Duration- ten years.
➢ Renewal is possible for further periods of 10 years each.
❖ The Design Act, 2000

➢ Protection to registered design

➢ Promote design activity

➢ Duration 10 years

❖ Eg: Britannia industries vs Sara Lee Bakery,2001 PTC 23(MAD)

❖ Any formula, pattern, device or compilation of information which is
used in any business and which gives the owner an opportunity to
obtain an advantage over competitors who do not know or use it .

❖ Includes-
➢ Recipe
➢ Formula
➢ Design to develop
➢ Piece of software
The Protection of Plant Varieties and Farmers’
rights Act 2001

❖ Protection of
• Plant varieties
• Rights of farmers
• Plant breeder

❖ Requirement
• Original/uniqueness

❖ Result
• Growth of seed industry
• High quality seeds and plant
material