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Intellectual Property Rights and
the acts dealing with these rights
Govt. Engg. College,
Ajmer
Submitted To: Presented By:
Mr. Dilip Kumar Sisodia saroj
viii sem IT
ContentsIntroduction to Intellectual Property
Purpose of Intellectual Property Rights
Types of IP
Patents
Trademarks
Industrial Designs
Copyright and Related Laws
Case Studies
Conclusion
Introduction Number of distinct types of creation of the mind for
which property rights are recognized in the
corresponding fields of law.
The name given to legal rights which protect creative
works , inventions and commercial goodwill.
Arises from the human intellect.
also a product of human creation.
Purpose of Intellectual Property
RightsTo give statutory expression to the moral and
economic rights of creators in their creations.
To promote creativity, dissemination, application of
its results and to encourage fair trade which would
contribute to economic and social development.
IPR can be assigned, gifted, sold and licensed like
any other property.
Types of IPR It is basically two types:
patents (inventions)
trademarks
industrial designs
geographical indications
Types of IPR
Copy rightsIndustrial
property
Industrial Property
Industrial Property describes physical matter that is the
product of an idea or concept for commercial purposes.
Patents A patent describes an invention for which the inventor claims
the exclusive right.
An exclusive right granted by a country to the owner of an
invention to make, use, manufacture and market the invention.
A patent can protect the invention, preventing
other businesses from making, using,
importing or selling similar products.
It is valid within the country of grant.
For a limited period
Patents In India The Patents Act, 1970 (No. 39 of 1970) as amended by the
Patents (Amendment) Act, 2005.
Patent Offices, under the Department of Industrial Policy &Promotion, Ministry of Commerce & Industry.
Patent Offices are located at Kolkata, Mumbai, Chennai andDelhi to deal with the applications for patents.
Patent Information System (PIS) & Intellectual PropertyTraining Institute (IPTI) located at Nagpur.
Trademark A trade mark is a sign that can distinguish goods and services from
those of other traders and can be combination of words ,logo, colour, design.
A trademark helps consumers to identify and choose betweenproducts/services based on their reputation and quality.
Nike registered since logotype
1976
WHAT IS THE FUNCTIONOF A TRADEMARK
Under modern business condition a trade mark performs four
functions:
It identifies the goods / or services and its origin.
It guarantees its unchanged quality.
It advertises the goods/services.
It creates an image for the goods/ services.
Designs The ornamental or aesthetic aspects of an article which may
consist of 3D or 2D features, such as shape or surface,patterns, lines or color.
It makes an article attractive and appealing; hence, they add tothe commercial value of a product and increase itsmarketability.
Any technical features of the article not protected by it.
The design should be new or original, not previously publishedor used in any country before Registration.
Industrial Design The ornamental or aesthetic aspects of an article which may
consist of 3D or 2D features, such as shape or surface,
patterns, lines or color.
It makes an article attractive and appealing; hence, they add to
the commercial value of a product and increase its
marketability.
Any technical features of the article not protected by it.
Copy Rights which provides the individual author or artist the exclusive right
to do certain things with an “original work”.
Copyright is a legal term describing rights given to creators for
their literary and artistic works.
It is a right which Grants protection to the unique expression of
Ideas.
Limitations
Fare use
Importance of copyrights Respect intellectual rights of creators of information.
Model proper behavior for students, teachers, and other
members of educational community.
It covers:
literary works such as novels, poems, plays, reference works,
newspaper ,computer programming, dance
artistic works such as paintings, drawings, photographs and
sculpture; architecture.
Continued… The owner may assign to any person the copyright.
Giving owner, incentives in the form of recognition and fair
economic reward increases their activity.
The work is open for public inspection once the copyright is
registered
Copyright works for business
copyright as a commercial asset to earn income and protectionfor emerging technologies
management of use of others’ copyright works and usecopyright as security to gain credit and financing.
copyright protection for marketing and advertising.
sale or licensing of copyright and use of copyright in thepublic good
copyright for social, cultural and economic development(narrow the content divide)
Case Studies Bangalore Aug 10, 2003: Banashankari police arrested three
software engineers for illegally copying software from a
company they were working for.
Chennai, February 2000: Pirated software worth Rs.1.11 crore
(US$ 253,200) was seized by the Chennai police A total of 6
employees were arrested which included the Managing
Director of one outlet and proprietors of each of the outlets.
Fact IPR is given to a product, only when its used for commercial
purpose.
These are some of the companies with their patents :-
o COMPANY NO. OF PATENTS
o Toyota - 99,999+
o GM - 11,000
o Honda - 97,000+
o Renault - 23,000+
o Daimler Benz - 7,000+
o Land Rover - 2,100+
o IBM - 99,999+
Conclusion Intellectual property rights reward creativity and human
endeavor, which fuel the progress of human kind.
Understanding the country’s IP Rights and following the best
practices can drastically reduce the risk of losing the
company’s intellectual property.
Indian government has initiated various steps towards
Intellectual Properties Rights Protection.
Thank you
ReferencesWWW.Wikipidea.org
http://www.dcmsme.gov.in/emerge
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