INTELLECTUAL

PROPERTY
RIGHTS (IPR)
Dr. Hemant Babhulkar

Dr. Panjabrao Deshmukh

Institute of Management
Technology & Research, Nagpur
 INTELLECTUAL PROPERTY RIGHTS (IPRs)
PROPERTY

Tangible Intangible

Movable Immovable Intellectual Property

ex : Car ex: Building

Industrial Property Copyright Related

Related

Patents, Designs, Trademarks, GIs

 INTELLECTUAL PROPERTY RIGHTS (IPRs)

Patents

Trademarks Copy Rights

IPR
Geographical
Industrial Design Indications

 Exclusive rights given to person over the creation of

their minds for certain periods of time.
 Legal right
 Intangible potential asset
 Monopoly
 Negative rights i.e., it prevents others to use his/her
creation for a definite time
 INTELLECTUAL PROPERTY RIGHTS (IPRs)

The intellectual property rights were essentially recognized

and accepted all over the world due to some very important
reasons.

 To provide an incentive to individuals for new creations

 To accord due recognition to the creators and inventors

 To ensure material reward for intellectual property

 To make available genuine and original products.

VARIOUS KINDS OF IPRS
Patents:
 Inventions (Products, Processes, Materials, Compositions)
Technical Solution to a Technical problem
Industrial Designs:
 External features appealing to the eye
New Shape, Pattern or Configuration
Trade Marks:
 A visual symbol such as a Word, Name, Logo, Label,
Monogram, Slogan etc.
 Applied on Article of Manufacture or Service
 Indicates the origin of goods and services
VARIOUS KINDS OF IPRS
Copyrights:
 Artistic, literary, musical and dramatic creations
 Proprietary right
 Comes into existence as soon as the work is created

Geographical Indications (GIs):

 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
ORGANIZATION STRUCTURE
Ministry of Commerce & Industry
Dept. Of Industrial Policy & Promotion

Controller General of Patents, Designs & Trade Marks

Geographical Patent
Patent & Design Trade Marks
Indications Information
Office Registry
Registry System

Kolkata Mumbai
Chennai
Kolkata RGNIIPM
Delhi
Delhi
Mumbai Chennai NAGPUR

Chennai Ahmadabad
PATENT OFFICE- MUMBAI
The Patent Office,
Government of India,
Boudhik Sampada Bhavan,
Near Antop Hill Post
Office, S.M.Road,Antop
Hill, Mumbai – 400 037
Phone: (91)(22) 24137701
Fax: (91)(22) 24130387
Email: mumbai-
patent@nic.in

The States of Gujarat, Maharashtra,

Madhya Pradesh, Goa and Chhattisgarh
and the UTs of Daman & Diu and
Dadra & Nagar Haveli
 9

PATENT OFFICE - CHENNAI

The Patent Office,
Government of India,
Intellectual Property
Rights Building,
G.S.T. Road,
Guindy, Chennai –
600 032.
Phone: (91)(44)
2250 2081-84
Fax: (91)(44) 2250
2066
Email: chennai-
patent@nic.in

The States of Andhra Pradesh,

Telengana, Karnataka, Kerala,
Tamil Nadu and the UTs of
Pondicherry and Lakshadweep.
 PATENT OFFICE NEW DELHI
The Patent Office,
Boudhik Sampada
Bhavan,
Plot No. 32., Sector-14,
Dwarka, New Delhi – 1 0075
Phone: (91)(11) 2808 1921 –
25
Email: delhi-patent@nic.in

The States of Haryana, Himachal

Pradesh, Punjab, Rajasthan, Uttar
Pradesh, Uttaranchal, Delhi and the
UTs of Chandigarh, Jammu &
Kashmir and Ladakh
PATENT OFFICE - KOLKATA

The Patent Office (Head

Office), Boudhik Sampada
Bhavan,
CP-2, Sector –V, Salt Lake
City, Kolkata- 700 091
Phone: (91)(33) 2367 1943
/44/45/46/87
Fax: (91)(33) 2367 1988
Email: kolkata-patent@nic.in

Rest of India
RGNIIPM - NAGPUR
 VALIDITY OF IPR
SI IPR Maxim Renewal Act/Rule
No. um
Protect
ion
1 Patent 20 Yrs *Every year The Patents Act,1970 Amended
(mandatory) in 2005

2 Trade Mark Life After 10yrs The Trade Marks Act,

long 1999 Amended in 2010

3 Design 15 Yrs After 10 The Designs Act, 2000 &

years for Designs (Amendment) Rules,
next 5 years 2014

4 Copyright 60 years Not require The Copyright Act, 1957

Amended in 2012
5 Geographic Life After 10 Yrs The Geographical Indications
al long of Goods (Registration and
Indication Protection) Act, 1999
(GI)

*Patents will cease and be concerti need year by paying renewal fee. transferred
to pub domain if Patents are not renewed within 6 month of expiry of
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 or artistic work appearing on its
website.
i.e., A single product can be
protected by more than one IPR.
INTRODUCTION TO IPR
PATENTS
 It is the exclusive right of inventor to prevent others from
possessing, using, selling, manufacturing and importing
the patented invention or offering to do any of these with
in a definite geographical area.
 Patents have territorial jurisdiction i.e., we have to
register the patents in all countries where we have our
interests.
 Patent application can be filed online in India by inventor
or his assignee on www.ipindia.nic.in
 PATENTS
Patent is an exclusive monopoly right:
 Granted by Government of India
 For an Invention
 To the Inventor or his Assignee
 As a Territorial Right
 In lieu of Disclosure of invention to the Government
 Term of Patent: 20 years from date of filing
Patentability
Criteria of Patentability:
 Novelty
 Inventive step or it must be non-obvious
 Capable of industrial application
 Not fall within the provision of section 3 & 4 of the Patents Act
1970
Patents Act 1970:
 Section3: List which are not inventions
 Frivolous or obvious
 Contrary to well established natural laws
 Injurious to Public Health
 Mere arrangement or re-arrangement,
 Discovery of Scientific principle
 Discovery of living thing or non-living substances in
nature
 Method of agriculture or horticulture
 A mathematical or business method or a computer
program
 Section4: Not-patentable: Atomic Energy related
Working of Patents (Sec 83)
 Patents are granted to encourage inventions and to ensure that
inventions are worked in India on a commercial scale and to the
fullest extent without undue delay.
 Patents are not granted merely to enable patentees to enjoy
monopoly for the importation of patented article.
 Protection of patent right is merely to contribute to the promotion
of technological innovations.
 Patents granted do not impede protection of public health and
nutrition and do not prohibit central Government in taking
measures to protect public health.
 Patents are granted to make the benefit of the patented invention
available at reasonably affordable prices to the public.
Compulsory Licenses..
 That the reasonable requirement of the public with
respect to the patented invention have not been
satisfied.
 That the patented invention is not available to the
public at reasonably affordable price.
 That the patented invention is not worked in the
territory of India.

Infringement of Patents
 INDUSTRIAL DESIGN
Ornamental or aesthetic aspect of a useful article of industry.
 Aspect that gives special appearance
Aspect which differentiates from current products
Only the aesthetic/visual form of a product
 not the Technical (Patents)
 nor Distinguishing Features (Trade Marks)
The ornamental or aesthetic aspects of an article consist
of:
 Three dimensional features, such as the shape, surface or
texture of an article or
 Two dimensional features, such as patterns, lines or
colours.
Design makes the product attractive and appealing to the
consumers and adds to its commercial value for that reason.
 INDUSTRIAL DESIGN

 Exclusive right against unauthorized copying

 Protection normally lasts for an initial ten years, after
which it can usually be renewed for, in most cases, up
to 15 years.
 Promotes more ive and attractive ts
innovat aesthetically produc
TRADEMARKS
 Generally “Brand” or “Logo”
 A visual symbol which may be word signature, name, device,
label, numerals or combination of colors used by one
undertaking on goods or services or other articles of
commerce to distinguish it from other similar goods or
services originating from a different undertaking
 Any Name which is not unusual for trade to adopt as mark
 Device or Symbol or Monogram
 Shape of goods or their packing
 Combination of colors or even a single color in combination
with word or device
TRADEMARKS
Copyright Act 1957
 COPYRIGHT
 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.
 Copyright comes into existence as soon as the work is created and
protects skill & labour employed by the creator in production of his
work.
 Ownership : An Author is the first owner of the
copyright un any work.
 Assignment: The owner can assign it to any person,
either wholly or partially and for any period not
exceeding the term of the copyright and subject to
any limitations. In case of future work, the
assignment shall take effect only when the work
comes into existence.
 Term of Copyright: 60 yrs. from the end of the
calendar year in which the work is first published.
 Licenses:
Licenses by owner of copyright.

 Compulsory licenses in worked withheld from public.
 Infringement of Copyright:
TERM OF COPYRIGHT
GEOGRAPHICAL INDICATIONS
 GIs identify agricultural, natural or manufactured goods associated
with a territory/region/locality. GI gives protection to the group of
people or associations involved in the production of the product
using traditional skills and knowledge
 The manufactured goods should be produced or processed or
prepared in that territory. This gives a special quality to the product
due to geographical/climatic environment, reputation, specific
manufacturing/farming skills, traditions and other characteristics
attributable to origin.
 It consists of the name of the place of origin & originates from a
definite geographical territory.
 Darjeeling Tea, Kancheepuram Saree, Kolhapuri Chappals,
Tirupati Laddu, Nagpur Orange etc.
 31
GEOGRAPHICAL INDICATIONS

Examples of Indian Geographical

Indications:
 Basmati Rice
 Darjeeling Tea
 Kanchipuram Silk Saree
 Alphonso Mango
 Nagpur Orange
 Kolhapuri Chappal
 Bikaneri Bhujia
 Agra Petha
Trade Secrets
What are Trade Secrets
 Trade secrets are confidential information that has
commercial value by virtue of being kept secret and
reasonable steps have been taken to keep it secret.
definition of a trade secret
 “Allforms and types of financial, business, scientific,
technical, economic, or engineering information,
including patterns, plans, compilations, programmed
devices, formulas, designs, prototypes, methods,
techniques, processes, procedures, programs, or
codes, whether tangible or intangible, and whether or
how stored, compiled, or memorialized physically,
electronically, graphically, photographically, or in
writing.”
Trade secret protection
 First Step - identify potential trade secrets (Trade
secret audit)
 Second Step - Take measures to protect them
 By identifying and protecting prevent their loss
 Difficult to prove to a court that the information is
worthy of protection if steps had not been taken to
identify and protect them in the first place
Identify
 Prepare list of information that you think needs to
be kept secret
 Technical and scientific information
 Financial, legal and HR information
 Commercial information
 Note date of creation, place of storage/use and other
key information
Technical and Scientific Information
 product information
 technical composition of a product (medicine, paint, recipe for
a sauce), data about product performance, product design
information
 manufacture information
 manufacturing methods and processes (weaving technique,
device process), production costs, refinery processes, raw
materials, machinery
 know-how necessary to perform a particular operation
Financial, Legal and HR Information
Pricing information
Salary and compensation plans
Employee evaluation
Commercial Information
marketing strategy/research
customer buying preferences and
requirements
consumer profiles
sales methods
 Information protected in decided cases
 Access card control  Customer business info
information  Engineering plans and
 Project information drawings
 Pricing information/sales  Formulas
forecasts  Research
 Financial information  Blueprints/diagrams
 Computer source code  Software
 Test material/ prototypes/  Implementation methodology
design specifications  Technical records
 Biomedical research
 Sales forecasts
Secret Recipes
 Kentucky fried chicken
 The secret recipe of “11 herbs and spices” lies in a bank vault.
 Few people know it, and they are contractually obligated to
secrecy.
 The ingredients are mixed by two different companies in two
different locations and then combined elsewhere in a third,
separate location. To mix the final formula, a computer
processing system is used to blend the mixtures together and
ensure that no one outside KFC has the complete recipe
Patent or Trade Secret Protection
 Such information may qualify for patent protection
or trade secret protection. A company may choose
trade secret protection even for information that
qualify for patent protection.
 Trade Secrets or Patents
 No registration (costs/time  Registration required
factor) (cost/time factor)
 Duration is not limited to  Limited duration
specified period of time  Disclosure required
 No disclosure  Limited to claims
 Wider information  Easier to enforce
 Difficult to enforce  Exclusive rights
 No protection against
independent discovery
 Making the Choice
 Trade secret better  Patent better
 Short commercial life  Easily reverse engineered
 Outsourcing
 In-house development  Cost
 Cost  Modifications patentable
 Modifications may not be
patentable
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