IPR

INTELLECTUAL
PROPERTY RIGHTS
WHAT IS INTELLECTUAL PROPERTY(IP)?
• IP as a term describes the ideas, inventions, artworks, music and
literature that are basically intangible in creation.
• IP is the commercial application of imaginative thought to
solving a technical or artistic challenge.
• Intellectual Property Rights (IPRs) are legal rights that aim to
protect the creations of the human intellect.
• IPRs encourage innovation by granting exclusive rights to the
creators or inventors of new ideas, inventions, literary and
artistic works; designs; symbols, names, and images used in
commerce
 PATENT
• Exclusive rights given to
person over the creation
of their minds for certain
GEOGRAPHICAL
periods of time
INDUCTION TRADEMARKS • Legal right
• Intangible potential asset
• Monopoly
• Negative rights i.e., It
prevents others to use
INDUSTRIAL COPYRIGHTS his/her creation for a
definite time
VARIOUS KINDS OF IPRS
• Patents:
Inventions (Products, Processes, Materials,
Compositions)
oTechnical Solution to a Technical problem
• Industrial Designs: External features appealing to the eye
oNew Shape, Pattern or Configurations
• TradeMarks: A visual symbol such as a Word, Name,
Logo, Label, Monogram, Slogan etc.
oApplied on Article of Manufacture or Service
oIndicates the origin of goods and services
• Copyrights: Artistic, literary, musical and dramatic creations
o Proprietary right
o Comes into existence as soon as the work is created
• Geographical Indications: Identifies agricultural, natural or
manufactured goods originating from a definite territory in
India
• Possessing special quality or reputation based upon unique
characteristics of the geographical location
VALIDITY OF IPR
SR NO. IPR Maximum Renewal Act/Rule
Protection
1 Patent 20 YEARS Every year The Patents Act,1970
( Mandatory ) Amended in 2005

2 Trade Mark LIFE LONG After 10yr The Trade Marks Act, 1999
Amended in 2010

3 Copyright 60YEARS Not require The Copyright Act, 1957

Amended in 2012

4 Geographical LIFE LONG After 10 Yrs. The Geographical Indications

Indication of Goods (Registration and
Protection) Act, 1999

5 Design 15 YEARS After 10 years The Designs Act, 2000 &

for next 5 years Designs (Amendment) Rules,
2014
RELATION BETWEEN IPRs
• The
logo Coca-Cola is an example for TRADE
MARK.
• Shape of the bottle – an INDUSTRIAL DESIGN.
• PATENT may have been obtained in respect of
bottling equipment.
• COPYRIGHT – in respect of the text, database
• RELATION BETWEEN IPRs or artistic work
appearing on its website
• i.e., A single product can be protected by more than
one IPR
PATENT ACT,2005
• A patent is an exclusive right granted for an invention, which is a product or
a process that provides, in general, a new way of doing something, or offers
a new technical solution to a problem. To get a patent, technical information
about the invention must be disclosed to the public in a patent application.
• Rights granted by a Patent
1. If the patent is for a process, then the patentee has the right to prevent
others from using the process, using the product directly obtained by the
process, offering for sale, selling or importing the product in India
directly obtained by the process.
2. If the grant of the patent is for a product, then the patentee has a right to
prevent others from making, using, offering for sale, selling or importing
the patented product in India.
STEPS BEFORE PROCESS OF
PATENTING
• Be curious but do not disclose your invention
• Keep a bound notebook to prove when you got the idea
• Develop the idea and produce a model
• Write why your invention is needed,
• What the existing products are in the market your new product
• And what is unique about your product
STEPS
• To get a patent grant, the first most step is to file a patent application.

• Who can file a patent application?

• Where to file a patent application?
• How to file a patent application?
WHO CAN FILE A PATENT
APPLICATION ?
The application can be filed either alone or jointly:
• By any person claiming to be true and first inventor(s)
• By any person being the assignee of person claiming to be true and first
inventor(s) ( proof of assignment has to be submitted along with the
application )
• By the legal representative of any deceased person or assignee
WHO CAN FILE A PATENT
APPLICATION ?
Where to file ?
• The appropriate office of the
patent office shall be the head
office of the patent office or
the branch office as the case
may be within whose
territorial limits
• Residence of applicant or
Domicile; or His the place of
business; or The place where
the invention actually
HOW TO FILE A PATENT
APPLICATION ?
Physical filing at the patent office. Electronic Filing.
TRADE MARK ACT, 1999
• The Trade Marks Act, 1999 of India defines a
• Trade mark means a mark capable of being represented graphically and which is
capable of distinguishing the goods or services of one person from those of others
and may include shape of goods, their packaging and combination of colours."
trademark in Section 2(z b)
• The law of trademark deals with the mechanism of registration, protection of
trademark and prevention of fraudulent trademark
REGISTRATION OF TRADEMARKS
• •A "registered trademark" confers a bundle of exclusive rights upon the
registered owner, including the right to exclusive use of the mark in relation
to the products or services. Registration of a trade mark is not a mandatory
requirement in India. A trade mark is registered for a period of 10 years and is
subject to renewal. The Trademarks Act 1999 governs the whole process of
registration. Registration is required for the following reasons: "It identifies
the origin of goods and services;-

• Advertises goods and services;

REGISTRATION OF TRADEMARKS
• To register a trademark in India the following steps must be followed:

Select a trademark agent in India: Proprietors are only allowed to file a

trademark application if their place of business is in India. If this is not the
case, the right holder must file a trademark application through an agent or
attorney. The agent or attorney usually takes care of the trivialities such as
searching, preparing, filing and prosecution of the trademark.
Determination of the eligibility and availability of the trademark: The agent
usually starts the registration process by determining whether the trademark is
eligible for registration and conducting a clearance search to see if there is a similar
mark in the office of the controller general.
REGISTRATION OF TRADEMARKS
Completing the application form and filing: If the trademark agent has the power
of attorney from the right holder he can complete and file the application form. The
form will require details such as name and address of the proprietor, a description of
the goods and services sand aed yeh the mark, whether the Review by the trademark
office: The trademark office reviews the application to see if it is complete and then
allots the application a number. If the trademark is registered, this number becomes
the registration number.
Preliminary approval and publication, show cause hearing or rejection of the
application: The trademark association determines if the application is barred from
registration either on absolute or relative grounds for refusal as prescribed in the
Trade Marks Act, 1999.
 COPYRIGHT ACT, 1957
• Copyright is a legal term describing rights given to creators for their literary and
artistic works
• The works covered by Copyright include :
• literary works such as novels, poems, plays, reference works, newspapers and
articles
• computer programs and databases
• films, musical compositions, dance & theatrical productions
• artistic works such as paintings, drawings, photographs and sculptures
• architecture, advertisements, maps, technical drawings and manuals.
PROCEDURE FOR COPYRIGHT
REGISTRATION
• An app in the format of FORM IV has to have to be sent to the register along
with fees.
• Every application has to be signed by the applicant as well as an Intellectual
property lawyer.
• The registrar will issue a some No. and then there is a mandatory waiting
time for a period of 30 days for any objections to be received.
PROCEDURE FOR COPYRIGHT
REGISTRATION
• The registration will be done and an extract will be sent to the registrar for
the entry in the Register of Copyright.
• If any objection is received, the head will send a letter to both the clients
about the that and will give a hearing to both parties clients.
• After that, if the objections are resolved the scrutinizer will scrutinize the
application and approve or reject the application as the case maybe.