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Intellectual Property

& Industry

Feb 2nd, 2020


Alliance University MBA
Sanjeeth Hegde JD/MIP

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Agenda

• What is Intellectual Property (IP)


• Types of IP Rights
• Benefits of IP
• IP Strategy
• Identification of IP

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What is Intellectual Property?

IP is protected in law, for example, patents,


copyright and trademarks, which enable people to
earn recognition or financial benefit from what they
invent or create. By striking the right balance
between the interests of innovators and the wider
public interest, the IP system aims to foster an
environment in which creativity and innovation can
flourish.

WIPO
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Species of IP

Plant
Patents
Verities

GI Designs

Trade
Trademarks
Secrets

Copyrights
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Patents

What: A Patent is a statutory right for an invention granted for a limited period of time to
the patentee by the Government. In exchange for full disclosure of your invention you get
the right to exclude others from making, using, selling, importing the patented product or
process without consent.

Subject Matter: Products/Processes

Jurisdiction: country of patent grant

Protection Term: 20 years from the filing date

Requirements:
– New
– Useful
– Non-obvious

Caution:
2020 Patent application has to be filedConfidential
before disclosing the invention 6
Copyrights

What: Copyright is a right given by the law to creators of literary, dramatic, musical and artistic
works and producers of cinematograph films and sound recordings. It is a bundle of rights
including rights of reproduction, communication to the public, adaptation and translation of the
work.

Subject Matter: Literary, Dramatic, Artistic, Musical, Cinematographic, Photographic and Sound
Recording works.

Jurisdiction: country of registration or creation

Protection Term:
– Life plus 60 years: literary, dramatic, musical and artistic works
– 60 years from publication: cinematograph films, sound recordings, photographs,

Requirements: Originality, Authorship, Fixed in Tangible Form

Caution: Registration not necessary but recommended as proof

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Trademarks

What: Trademark is a name, device, mark or logo which is


capable of distinguishing the goods or services of one
person from those of others

Subject Matter: symbols, signs, logos

Jurisdiction: country of registration

Protection Term: 10 years + 10 year renewals (perpetual)

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Designs

What: New or original designs so created to be applied or applicable


to particular article to be manufactured by industrial process or means

Subject Matter: features of shape, configuration, pattern,


ornamentation or composition of lines or colors

Jurisdiction: Country of grant

Protection Term: 15 years from the filing date

Caution: Application has to be filed before disclosing the design

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Trade Secrets

What: A trade secret is a formula, practice, process, design,


instrument, pattern, commercial method, or compilation of
information which is not generally known or reasonably
ascertainable by others, and by which a business can obtain an
economic advantage over competitors or customers.

Protects: Confidential Information

Jurisdiction: Throughout

Protection Term: Perpetual

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IP Snapshot

Type of IP Subject Matter Term of Protection


Patents Inventions 20 years
Copyrights Works of Authorship Life of the author + 60
years

Trademarks Representations used in Perpetual


Trade/Business

Industrial Designs Aesthetic Designs 15 years


Trade Secrets Any confidential Perpetual
information

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Why IP is important to business success?

Business &
Competitiv Marketing
e Advantage
Advantage

Asset Valuation

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Why protect IP?

• Progress and well being of humanity


• Encourages further innovation
• Spurs economic growth, new jobs/industries,
and enhanced quality of life

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IP Strategy

• What IP assets do you own?


• What is the status of your IP portfolio?
• How do you plan to protect your IP assets?
• How important are IP assets to the success of your business?
• Do you own all IP assets you need, or do you depend on the IP assets of
others?
• Do you know enough about your competitors’ IP strategies and IP
portfolios?
• Do you have an IP policy for your enterprise?

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IP Identification

What are the types of IP involved in each of these assets?


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THANKS

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