NITTE MEENAKSHI INSTITUTE OF TECHNOLOGY

(An Autonomous Institute, Affiliated to Visvesvaraya Technological University, Belgaum, Approved by

AICTE & Govt. of Karnataka)

ACADEMIC YEAR 2014-15

Seminar Report on

“INTELLECTUAL PROPERTY RIGHTS”

Submitted in partial fulfillment of the requirement for the award of the degree of

BACHELOR OF ENGINEERING
Submitted by

AKSHAY A.S (1NT14ME014)

VADLA UDAY KUMAR (1NT15ME188)

Under the guidance of

"MR. SHIV PRATAP"
(Associate Professor)

Department of Mechanical Engineering

NITTE MEENAKSHI INSTITUTE OF TECHNOLOGY Yelahanka,
Bangalore-560064

ABSTRACT
This paper investigates the distinctive technology protection strategies of
entrepreneurial technology firms. In contrast with much popular opinion, it is
reported that intellectual property features more prominently in the business of
small entrepreneurial firms than it does in the business of large, established
mature firms. The intellectual property portfolios of technology firms of all
sizes and ages exhibit a rich array of instruments in addition to patents for
protecting technology, including trade secrets, trademarks and copyright,
together with licenses to externally sourced technology. The intellectual
property profiles of technology firms appear to be influenced by their context,
organizational profiles and corporate goals and by the character of their
technology.
 contents
Introduction 4
Overview 5
Wipo 6
Types of IP 8
Patents 9
Life and duration 10
Fees 11
Trademark 12
Registration procedure 12
Duration of copyright 15
Fair use 16
Remedies for patent infringement 17
Remedies for trademark infringement 18
Remedies for copyright infringement 18
References 19
 INTRODUCTION
Intellectual property (IP) is a category of property that includes intangible
creations of the human intellect, and primarily encompasses copyrights, patents,
and trademarks. It also includes other types of rights, such as trade
secrets, publicity rights, moral rights, and rights against unfair competition.
Artistic works like music and literature, as well as some discoveries, inventions,
words, phrases, symbols, and designs, can all be protected as intellectual
property. It was not until the 19th century that the term "intellectual property"
began to be used, and not until the late 20th century that it became
commonplace in the majority of the world.
The main purpose of intellectual property law is to encourage the creation of a
large variety of intellectual goods. To achieve this, the law gives people and
businesses property rights to the information and intellectual goods they
create – usually for a limited period of time. This gives economic incentive for
their creation, because it allows people to profit from the information and
intellectual goods they create. These economic incentives are expected to
stimulate innovation and contribute to the technological progress of countries,
which depends on the extent of protection granted to innovators.
The intangible nature of intellectual property presents difficulties when
compared with traditional property like land or goods. Unlike traditional
property, intellectual property is "indivisible" – an unlimited number of people
can "consume" an intellectual good without it being depleted. Additionally,
investments in intellectual goods suffer from problems of appropriation – a
landowner can surround their land with a robust fence and hire armed guards to
protect it, but a producer of information or an intellectual good can usually do
very little to stop their first buyer from replicating it and selling it at a lower
price. Balancing rights so that they are strong enough to encourage the creation
of intellectual goods but not so strong that they prevent the goods' wide use is
the primary focus of modern intellectual property law.
 OVERVIEW

 Law governing IP

 Meaning

 Types of IP

o Patent

o Trademark

o Copyright

 Infringement

 Case Studies

WIPO
 WIPO (World Intellectual Property Organization) was established by the
WIPO Convention in 1967.The WIPO is a specialized agency of the United
Nations.It promote the protection of IP throughout the world.Its headquarters
are in Geneva, Switzerland

INTELLECTUAL PROPERTY LAW IN INDIA

There are many big and small intellectual property law firms worldwide, like
in India, USA, UK, Chicago etc, providing qualitative help to inventors and
creators of product.In India intellectual property rights are safely protected
and controlled by well- established statutory and judicial framework.Apart
From that, there are many attorneys and law firm of intellectual property in
India in various states.

WHAT IS INTELLECTUALPROPERTY
Intellectual property is a property that arises from the human intellect. it is a
product of human creation.

Intellectual Property comprises 2 distinct forms:

* Literary & Artistic Works

* Industrial Property

Literary & Artistic Works

They are books, paintings, musical compositions, plays, movies, radio/tv
programs,performances, & other artistic works.
Industrial Property
Industrial Property describes physical matter that is the product of an idea or
concept for commercial purposes.

How are they Protected?

* By Patented objects

* By Trademarks

* By Industrial Designs

* By Trade Secrets

* By Layout-designs

* By Geographical Indications
 PATENTS
(1) It is covered under the Act called the Patents Act, 1970 [Amended by
Patents Act, 2005]

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may
publish, by notification in the Official Gazette.

(4) A patent describes an invention for which the inventor claims the
exclusive right.

INVENTION PATENABLE IF.....

New, Useful, not obvious, pertains to patentable

Patentable subject matter

Invention

 Relates To A Process Or Product Or Both

 Involves An Inventive Step

 Be Capable Of Industrial Application

 A Machine

Life and duration

 Term of the patent is 20 years from the date of filling for all types of
inventions.

 Priority date- first to file

 The date of patent is the date of filing the application for patent.

 The term of the patent is counted from this date.

Fees for filing patent
 The Government fee for filing a patent application in India is Rs.750/-
for individuals and Rs.3,000/- for legal entities.

 No fee for 1st and 2nd year

 Renewal fee, on yearly basis, is required to be paid for 3rd to 20th for
keeping the patent in force.

 Patent lapses if renewal fee is not paid within the prescribed period.

Is a patent granted in one country enforceable in other

countries?
 No, there is nothing like a global patent or a world patent. Patent rights
are essentially territorial in nature

 Granting a patent in one country of the Union does not force other
countries to grant the patent for the same invention.

 The refusal of the patent in one country does not mean that it will be
terminated in all the countries

Trademark
1. It is covered under the Act called the Trade Marks Act, 1999.

2. The Act came into effect on September 15, 2003. It replaced the Trade
and Merchandise Marks Act, 1958.

3. It extends to the whole of India.

4. It shall come into force on such date as the Central Government may
publish, by notification in the Official Gazette
Trademark:

1. A symbol, logo, word, sound, color, design, or other device that is

used to identify a business or a product in commerce.

2. Different Symbols are :

™ Intent to use application filed for product

SM
Intent to use application filed for services

® Registered trademark

Registration procedure
 Application for search.
 Application for registration.
 Examination of trademark.
 Advertisement of trademark.
 Filing of opposition.
 Certificate issued.

Duration and 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.Service mark Rights are reserved exclusively for owners for 17 year &
it can also be renewed.The Govt. fees is Rs. 2,500 for each class of goods
or services.

Applicability of trademark
 A trademark is a sign Used on, or in connection with the marketing of
goods or services.

 “Used on” the goods means that it may appear not only on the goods
themselves but on the container or wrapper in which the goods are when
they are sold.
Copyright
 The Indian Copyright Act,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.

Original
The term original in the copyright law means that the work originated with
the author.There is no requirement for novelty or uniqueness as there is in
patent law.Copyright law protects the expression of anidea. Note the idea
itself.

What is not covered by copyright?

 Ideas

 Facts

 Recipes

 Works lacking originality (e.g. The phone book)

 Names, titles or short phrases

Registration procedure
 Register a copyright by completing a simple application form, along with
the appropriate fee

 Need not send a copy of your work,

 It may appear with the same title, but if each work has

been created independently, each will have its own

copyright protection.

Duration of copyright
Copyright lasts for the-

 Author‟s lifetime + 50 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,

 Copyright protection always expires on December 31 of the last calendar

year of protection.

Infringement
Any reproduction, use , distribution, performance, etc. of the work without
the permission of the owner.An identical or substantial similar reproduction
is also covered.Infringement – Damages - Injunction

Remedies for patent infringement

• A suit can lie in the District or High court ,

• It may issue an injunction either to prevent the infringer from any

further use & award damages to the patent owner or will pay the patent
owner royalties for further use.

Apple sued HTC over iphone patents

• Apple sued phone maker HTC and has filed a complaint with the U.S.
International Trade Commission, alleging that the Taiwanese company
is infringing 20 Apple patents related to the iPhone

• Steve Jobs, Apple's CEO, said in a statement "We think competition is

healthy, but competitors should create their own original technology, not
steal ours."

Remedies for trademark infringement

A suit can lie in District or High court
 • Punishment extends from 6 months to 3 years

• A permanent bans on engaging in commercial activities

Remedies for copyright infringement

 A suit can lie in the district court or in a high court u/s 63 of the copyright
act, 1957

 Punishable with imprisonment up to 3 years and fined as per the claims.

 References
1. "What are intellectual property rights?". World Trade Organization.
World Trade Organization. Retrieved 2016-05-23
2. "Intellectual property", Black's Law Dictionary, 10th ed. (2014).
3. Panethiere, Darrell (July–September 2005). "The Persistence of Piracy:
The Consequences for Creativity, for Culture, and for Sustainable
Development"(PDF). UNESCO e-Copyright Bulletin. p. 2. Archived
from the original (PDF) on 2008-08-16.
4. Richard M. Stallman. "Did You Say "Intellectual Property"? It's a
Seductive Mirage". Free Software Foundation, Inc. Retrieved 2008-03-
28.