Intellectual Properties Satish
Intellectual Properties Satish
Intellectual Properties Satish
Copyrights
Trade Marks Secret Trade
Patents
History of Indian Patent System
Year 1856= THIS ACT WAS PASSED IN THE YEAR 1856 FOR THE
PROTECTION OF INVENTIONS BASED ON THE BRITISH PATENT LAW OF 1852. IT HAD CERTAIN EXCLUSIVE PRIVILEGES GRANTED TO INVENTORS OF
Year 1859= THIS ACT WAS MODIFIED IN 1859 HERE THE EXCLUSIVE
PRIVILEGES THAT IS THE (MAKING. SELLING AND USING INVENTIONS IN INDIA CAN BE AUTHORIZED OTHERS TO DO FOR 14 YEARS
Continued.
What Exactly the Patent is all about???
A patent is an exclusive right granted by a country to the owner of an invention to make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law.
These rights implies that no one else can make, use, manufacture or market the consent of the patent holder. In spite of the ownership of the rights, the use or exploitation of the rights by the owner of the patent may not be possible due to other laws of the country which has awarded the patent These laws may relate to health, safety, food, security etc. Further, existing patents in similar area may also come in the way. A patent in the law is a property right and hence, can be gifted, inherited, assigned, sold or licensed
Trade Marks
A trade-mark is a word, design, number, two-dimensional or three-dimensional form, sound or color, or a combination of two or more of these elements which a trader uses to distinguish products or services from those of competitors and serves to establish goodwill with the consumer
UNREGISTERED TRADE MARK:it is, a mark used to promote or brand goods ,which does not benefit from the protection afforded to trade marks through registration
REGISTERED TRADEMARK
is designated by (the circled "R") and also known as a racol (derived from Registered & Authorized Company Logo), It is a Symbols used to provide notice that the preceding mark is a trademark or service mark that has been registered with a national trademark
UnREGISTERED SERVICEMARK
This is, a mark used to promote or brand services used in some countries, notably the United States to identify a service rather than a product. When a service mark is federally registered, the standard registration symbol may be used. The same symbol is used to mark registered trademark.
CopyRIGHTS
Copyright refers to laws that regulate the use of the work of a creator, such as an artist or author. This includes copying, distributing, altering and displaying creative, literary and other types of work.
Trade Secret
Broadly speaking ,any business information which provides an enterprise a competitive edge may be considered a trade secret It encompass manufacturing or industrial and commercial secrets The unauthorized use of such information by any persons other than the holder is regarded as unfair practice or violation of trade secret
Precautionary Measures
Trade secrets are widely used by SMEs . Many SMEs mostly rely on trade secrets for the protection of IP It is important, therefore, to make sure that enterprises take all necessary measures to protect their trade secrets effectively. This includes: Firstly, considering whether the secret is patentable and, if so, whether it would not be better protected by a patent. Secondly, making sure that a limited number of people know the secret and that all those who do are well aware that it is confidential information. Thirdly, including confidentiality agreements within employees' contracts Fourthly, signing confidentiality agreements with business partners whenever disclosing confidential information.
Importance of IPR
Why is intellectual property important? Intellectual property protection is Critical to fostering innovation. Without protection of ideas, businesses would not reap the full benefits of their inventions and would focus less on research and development. Similarly, artists would not be fully compensated for their creations and cultural vitality would suffer as a result Why should I protect my intellectual property? Piracy, counterfeiting and the theft of intellectual property assets pose a serious threat to all Indian businesses. Exporters face unfair competition abroad, non-exporters face counterfeit imports at home and all businesses face legal, health and safety risks from the threat of counterfeit goods entering their supply chains
@run Kumar
Harish Babu Jitendra Manglani Prateek Aggrawal