Intellectual Property Rights

Sachin Jain
Areas covered
 Why Required?

• Protects the Intellectually or artistically gifted people

• attract foreign investment and technology
(X-BOX)
• to retain the best and the brightest of citizens
(Homi Baba)
• IP laws enable owners, inventors, and creators to
protect their property from unauthorized uses.
• Intellectual property laws confer a bundle of
exclusive rights in relation to the particular form
or manner in which ideas or information are
expressed or manifested, and not in relation to
the ideas or concepts themselves.

• The term "intellectual property" denotes the

specific legal rights which authors, inventors and
other IP holders may hold and exercise, and not
the intellectual work itself.
 Copyright

 Copyright may subsist in creative and artistic

works (e.g. books, movies, music, paintings,
photographs, and software) and give a copyright
holder the exclusive right to control reproduction
or adaptation of such works for a certain period
of time (historically a period of between 10 and
30 years depending on jurisdiction, more
recently the life of the author plus several
decades)
 Patent
• A patent may be granted for a new, useful,
and non-obvious invention, and gives the
patent holder a right to prevent others from
practicing the invention without a license
from the inventor for a certain period of
time (typically 20 years from the filing date
of a patent application
 Trademark

 A trademark is a distinctive sign which is

used to distinguish the products or
services of different businesses.
 Industrial design

 An industrial design right protects the form

of appearance, style or design of an
industrial object (e.g. spare parts,
furniture, or textiles).
 Trade secret
 A trade secret (which is sometimes either
equated with, or a subset of, "confidential
information") is secret, non-public
information concerning the commercial
practices or proprietary knowledge of a
business, public disclosure of which may
sometimes be illegal.
 Eg. -Coke content
 New forms

• Geographical indications
(basmati vs texamati)

• Domain names
( "BBC uk", "BBC.com", or "yale.edu.“)
What is non-patentable in India
* Frivolous claims contrary to well-established natural laws.
* Anything contrary to law or morality, or injurious to public health.
* Mere arrangement or rearrangement or duplication of known devices,
each functioning independently of one another in a known way.
* A method of agriculture or horticulture.
* Inventions related to atomic energy.
* Computer software
* Discoveries, scientific theories, mathematical methods .
* Schemes, rules or methods for performing mental acts playing games
or doing business.
* Presentation of information
* Methods of treating humans or animals through surgery, or
therapeutical diagnostics.
* Animals and plants, and biological methods for rearing/growing
them.
* Products made by chemical synthesis_foods, medicines.
• For every invention there should be a separate patent application.
• However, if a group of inventions are so-linked to form a single general
inventive concept one application will suffice.
• . The language in which a patent application is to be filed is also fixed.
In India a patent application must be drafted in English.
• The complete specification of a patent application should include the
following :
* In the object or title of the invention.
* Prior art or cross-references to related applications, if any.
* Brief summery of the invention.
* Brief description of several views of the drawing, if there are
drawings.
* Detailed description of the invention.
* Claim or claims.
* Abstract of the disclosure
• Title of the invention should be as short
and specific as possible. The specification
must bring out the precise invention.
THANK YOU