Legal Aspect - 2 Hand Out

INTELLECTUAL PROPERTY RIGHTS
(IPR)
1
Creativity
G. Bell G. Bell
Michael Electro magnetic

2 Faraday waves
What is Intellect is property?
3
Intellectual property
 Creation of human mind and intellect

 Idea or a concept or a thought at the beginning
 Research and Development to lead the idea or thought to
practice
 The outcome of these ideas may be development of products,
processes, works marks and design, etc.
4
Intellect is property?
Documentation
Legal authorization by Govt.
Description
Ownership
Time duration
Fee
Commercial Value
5
Why IPR is important?
• Reward original efforts

• Stimulate innovation and
creativity
• Prevent duplication of work?
• Commercial value in
research?
• Prevent exploitation of
workers?
• Technical information for
research & to prevent
litigation?
6
Forms of IPR
Patents
Trade Copy-
secrets Rights
Plant
Breeder
Rights IPR Trade-
mark
Int. Ind.
circuits Design
Geo-
graphical
Indication
7
Patents
 Patent defined in Patents Act as “patent granted

for any invention under the Act”.
 Territorial (national) Statutory exclusive right
 Granted by the Government
 To inventor or their assignees
 In consideration of disclosure of the invention to the government
 To prevent third parties not having his consent from making, using, offering
for sale, selling or importing for those purposes the products or products
produced by the patented processes (Sec. 48)
 For a limited period of time (20 years)
 Qualified rights with duties and liabilities
8
Natco Pharma Bag’s licence to sell
Bayer’s Nexavar
• Nexavar- Bayer’s Patented Anticancer Product
• Reasonable Public criteria (Bayer can supply drug to only 2% of
cancer patients in INDIA)
• Reasonably Affordable
Particulars Status Cost of Royalty
Therapy paid
Bayer, Germany Patent Owner Rs. 2.8 lakh Negotiable
Natco, India Compulsory license Rs. 8880 6% of profit
• Drug was mfg. in Germany not in INDIA
• NATCO Share Rate increase by 6.17%
(12 Months highest increase)
9
Copyright
 Objective: To ensure protection from unlawfully
exploitation of the work of owner(Author)
 Copyright act provides exclusive rights to authors and
other owners of original works.
 Exclusive privilege to authors to reproduce, distribute,
perform, or display their creative works.
10
Copyright
Literary Dramatic Musical Artistic
Films Sound Recording

11
Trademark
 Word or symbol used by manufacturers to identify

goods.
 Customer able to distinguish product of one

manufacturer from that of other.
 Initial registration for 10 yrs and further renewed by

payment of fees for unlimited period.
12
Trademark
LABEL - PEPSI / COCA COLA
NAME - TATA / BIRLA /

GODREJ/ Reliance
13
Geographial indication
 Geographical Indication ?
 Indication which identifies such goods (as agricultural goods, natural goods
or manufactured goods) as originating or manufactured or processed in
territory of the country or locality of the territory
 Quality and reputation of such goods are attributable to geographical origin
14
GEOGRAPHICAL INDICATIONS
Kolhapuri Puneri Lonavala Assam

Chappal Pagdi Black tea
Chikki
Scotch Whisky Haldiram Bhujia

15
DESIGN
• Includes shape; configuration; composition of colours, lines.

• Main criteria: a) Novelty
b) Originality
Registration of design
– Currently governed by Design Act 2001
– Total time: 15 years
– Initially right is granted for 10 yrs then can be extended by 5 yrs by making
application along with necessary fee.
16
Designs
Pen Drive Fancy Car

Fancy jar
Baby Shoe
Shoe
Medal
Mobile
17
Trade Secret
18
Plant variety Protection
Singapore
Coconut
 Legal protection granted by govt. for protection of plant

varieties, right of farmers and plant breeders
19
Integrated Circuits
 Specific manner in which transistors & other circuitry

elements of IC are laid out and includes connecting elements.
20
Laws in India
 Trade marks –The Trademarks Act 1999

 Copy Right Works- The Copyright Act 1957
 Designs- lines colours shapes etc. –The Designs Act 2000
 Inventions- Products or Process-The Patents Act 1970
 Plant variety protection – Plant Varieties and Farmers' Rights
Act, 2001
 Integrated circuits- The Semiconductor Integrated Circuits
Layout-design Act, 2000
 Geographical Indications - Geographical Indications of Goods
(Registration and Protection) Act, 1999 came in force with effect from
September 2003.
21
A Brief…
 Patent – Patents are exclusive right for new and useful inventions e. g.
Dosage forms
 Trademark- Trademarks are identification marks of manufactures e.g.

Coca-Cola. It protects against imitations of the products as long as they are
in trade.
 Copyright- Right for creative, literary works and artistic works e.g.
Books, movies
 Industrial design- Protects external look and design of industrial

products e. g. spare parts
 Trade secret- Confidential information

22
Approach to the protection of Intellectual
Property
Suppose you invent a Laptop/ Dissolution Test Apparatus with
newer features
Register
Patent for the technology,
Design for the appearance,
Trademark for its brand and
Copyright for the accompanying literature.
23
Thank you
24

Legal Aspect - 2 Hand Out

Uploaded by

Copyright:

Available Formats

Legal Aspect - 2 Hand Out

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Legal Aspect - 2 Hand Out

Uploaded by

Copyright:

Available Formats

INTELLECTUAL PROPERTY RIGHTS

Michael Electro magnetic

 Creation of human mind and intellect

• Reward original efforts

 Patent defined in Patents Act as “patent granted

 Objective: To ensure protection from unlawfully

exploitation of the work of owner(Author)

 Copyright act provides exclusive rights to authors and

other owners of original works.

 Exclusive privilege to authors to reproduce, distribute,

perform, or display their creative works.

Literary Dramatic Musical Artistic

Films Sound Recording

 Word or symbol used by manufacturers to identify

 Customer able to distinguish product of one

 Initial registration for 10 yrs and further renewed by

LABEL - PEPSI / COCA COLA

NAME - TATA / BIRLA /

 Quality and reputation of such goods are attributable to geographical origin

Kolhapuri Puneri Lonavala Assam

Scotch Whisky Haldiram Bhujia

• Includes shape; configuration; composition of colours, lines.

– Total time: 15 years

application along with necessary fee.

Pen Drive Fancy Car

 Legal protection granted by govt. for protection of plant

 Specific manner in which transistors & other circuitry

 Trade marks –The Trademarks Act 1999

 Trademark- Trademarks are identification marks of manufactures e.g.

 Industrial design- Protects external look and design of industrial

 Trade secret- Confidential information

Patent for the technology,

Design for the appearance,

Trademark for its brand and

Copyright for the accompanying literature.

You might also like