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