Documentos de Académico
Documentos de Profesional
Documentos de Cultura
What is IP?
Intellectual Property (IP) Refers to creations of mind: literary, artistic and scientific works, inventions in all fields of human endeavor scientific discoveries Industrial designs Symbols, names, images and designs which used in commerce which is incorporated by standard organization WIPO (World Intellectual Property Organization)
Intellectual property means that creativity, innovation and inspirational incorporation of an individuals perception and idea, which if practiced or molded in a form yields tangible, substantial and real result and product, which are distinctive and exclusive in its very nature.
IPR Intellectual Property Rights Is the right to protect the creation of human mind. IPR are legal rights governing the use of such creation. This term covers the bundles of rights such as patent, trade mark, industrial design, copy right, geological indications etc. Each of them is different in scope , duration with a different purpose and effect.
Prevent duplication of work Commercial value in research Prevent exploitation of work Technical information for research & to prevent litigation
However all IPRs generally exclude third party from exploiting the protected subject matter without authorization of right holder. This enables IPR owners or the right holders to use or disclose their intellectual property without fear of loosing of control. The owner thus exercises his monopoly over his product by way of the IP rights conferred to him. These rights safeguards the proprietary rights of owner so as to protect him against any harm caused because of any wrongful act over his honor and entitlement.
Forms of IPR
Patents Trade secrets CopyRights
IPR
Int. circuits
Geographical Indication
Trademark
Design
What is a PATENT?
A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem The limited monopoly right granted by the state enables an inventor to prohibit another person from manufacturing, using or selling the patented product or from using the patented process, without permission. Period of Patents - 20 Years and 5-7 yrs for Pharmaceutical product and required renewal continuously up to the end of term or become a public property
Novelty;
Non-obviousness (inventive step); Industrial application (utility).
Conditions of Patentability?
Novelty: Invention not known to public prior to claim by inventor Inventive Step: Invention would not be obvious to a person with ordinary skill in the art Industrial Application: Invention can be made or used in any useful, practical activity as distinct from purely intellectual or aesthetic one
Grant of Patent
Patents are granted by national patent offices after publication and substantial examination of the applications In India provisions exist for pre-grant and post grant opposition by others They are valid within the territorial limits of the country Foreigners can also apply for patents
What is Copyright?
"Copyright"
is a protection that covers published and unpublished literary, scientific, and artistic works, whatever the form of expression, provided such works are fixed in a tangible or material form.
This means that if you can see it, hear it, and/or touch it-- it is protected
Copy Right act, 1957 Period of Copy Right- Whole of life + 60 yrs after his death
What is Copyrighted
Works that have not been fixed in a tangible form of expression; for example, improvisational speeches or performances that have not been written or recorded. Titles, names, short phrases and slogans; familiar symbols or designs; variations of typographic ornamentation, lettering or coloring; listing of ingredients or contents.
Ideal procedures, methods, systems , processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation or illustration.
Ideal procedures, methods, systems , processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation or illustration.
Copyright
Literary
Dramatic
Musical
Artistic
Films
Sound Recording
18
Trade Mark
A name of an enterprise or a Mark capable of being represented graphically, distinguishing the goods or services of one person from those of others Trade Mark can be o o o o o o sign , words, letters, numbers, drawings, pictures, emblem, colors or combination of colors, shape of goods, graphic representation or packaging or any combination of the above
Trade marks
Name Logotype
Symbol
Slogan Shape Color
Trade Mark
Registered trademark
SM