intellectual property rights. amu mbak

INTELLECTUAL PROPERTY RIGHTS

ALIGARH MUSLIM UNIVERSITY Presented By: Mohammad Amir(15MBAK-76) Juned Khan (15MBAK-73) Maria Hasan (15MBAK-71) Samiullah Khan(15MBAK-70)

INTELLECT Intellect is an umbrella term used to describe a property of the mind that encompasses many related abilities such as the capacities to reason, to plan, to solve problems, to think abstractly, to comprehend ideas, to use language, and to learn.

KEY ELEMENTS IN INTELLECTUAL:

1. KNOWLEDGE

2. INFORMATION

3. KNOWLEDGE CREATION/GENERATION=>IMAGINATION

KNOWLEDGE+IMAGINATION = INTELLECTUAL

INTELLECT is the IMAGINATION with Reasoning.

INTELLECTUALAn intellectual is one who tries to use his or her Intelligence and Analytical thinking in either his profession or personal pursuits

Product of the mind creativity is the intellectual property and right to protect this property is the intellectual Property Right.

What is “Intellectual Property”?

Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, symbols, names, images and designs used in commerce.

Intellectual Property is a property that arises from the human intellect. It is a product of human creation.

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?

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What is covered?

SYMBOLDESIGN

DISCOVERYINVENTION

MUSIC LITERARY

ART

W.I.P.O.

World Intellectual Property Organization was established by the WIPO Convention in 1967.

The WIPO is a specialized agency of the United Nations.

It promote the protection of Intellectual Property throughout the world.

Its headquarter is in Geneva, Switzerland.

World Intellectual Property Day April 26

Types of IPR

IPR

COPYRIGHT

TRADEMARK

PATENT

Trade secrets

Laws dealing IPR in India

Functional & Technical Inventions

Purely Artistic works

Symbol, logo, word, sound, color, design

Patents Act, 1970

Amended in 1999 &

2005

Copyright Act, 1957

Amended in1982,1984, 1992,

1994 & 1999

TrademarkAct, 1999

Amended in 1994, 1996 &

2000

1-PATENT

A patent describes an invention for which the inventor claims the exclusive right.

INVENTION IS PATENABLE IF.....New (novel) UsefulNot obviousPertains to patentable subject matter

Validity of Patent

Term of the patent is 20 years from the date of filling for all types of inventions.

Priority date- first to file. The date of patent is the date of filing the

application for patent.

The term of the patent is counted from this date.

Validity of Patent

Patent rights are essentially territorial in nature. There is nothing like a global patent or a world patent.

Granting a patent in one country of the Union does not force other countries to grant the patent for the same invention.

Getting a patent

STEP- I Provisional Patent Application (PPA)

STEP- II Regular Application (RPA)

STEP- III Keep a careful record of your invention.

STEP- IV Make sure your invention qualities for patient protection.

STEP- V Assess the commercial potential of your invention.

STEP- VI Do a through patent search to give detail information about patent search

Filing a patent application

ONLINE MODE: https://www.ipindiaonline.gov.in/on_line/

OFFLINE MODE: In Indian Patent Offices located at Delhi, Mumbai, Kolkata and Chennai.

Office Address Territorial Jurisdiction

Delhi Intellectual Property Office, Intellectual Property Office Building, Plot No. 32, Sector 14, Dwarka, New Delhi-110075, Ph.: 011-28034304, 28034305 E-mail: delhi-patent@nic.in

Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttaranchal, Delhi and Chandigarh.

Mumbai Intellectual Property Office, Boudhik Sampada Bhawan, S. M. Road, Antop Hill, Mumbail - 400 037. Ph.: 24137701, 24141026, 24150381, E-mail: mumbai-patent@nic.in

Maharashtra, Gujarat, Madhya Pradesh, Goa and Chhattisgarh, Daman and Diu & Dadra and Nagar Haveli.

Chennai Intellectual Property Office. Intellectual Property Office Building, GST Road, Guindy, Chennai -600032. Ph: 044-22502081-84.E-mail: chennai-patent@nic.in

Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Pondicherry and Lakshadweep

Kolkata Intellectual Property Office, Intellectual Property Office Building, Sector-V, Salt Lake, Kolkata-700091, Ph.: 23671945, 1946, 1987. E-mail: kolkata-patent@nic. in

The rest of India.

Different patent applications

FORM- 1: Application for Grant of Patent FORM- 2: Provisional / Complete Specification FORM- 3: Statement and Undertaking under

Section 8 FORM- 5: Declaration as to Inventor ship FORM- 9: Request for Publication (optional) FORM- 10: Request for Examination of

Application for Patent

Top Patent Holders

The top 10 patents holders across the world are IT companies.

In India, only pharmaceutical and bio-tech companies are in top 10 list.

184 patents are held by the Council of Scientific and Industrial Research, followed by Ranbaxy Ltd.

Kia Silverbrook is an Australian inventor, scientist, and serial entrepreneur. He has 9,874 patents or patentapplications registered at the international patent document database (INPADOC) up to 2014.

Top Patent Holder

Youngest Patent Holder

A Jaipur based wheel chair-bound 9 years old boy named Hridayeshwar Singh Bhati has got the patent of design of a game of six-player circular chess.

2-COPYRIGHT Copyright is a legal term describing the economic rights given to creators of literary and artistic works, including the right to reproduce the work, to make copies, and to perform or display the work publicly.

Copyright protects arrangements of facts, but it does not cover newly collected facts as such. Moreover, copyright does not protect new ideas and processes; they may be protected, if it all, by patents.

Copyright works:Literary works

Musical works

Dramatic works

Artistic works

Duration: Life of author +50 years

Copyright

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Films

Literary Dramatic

Musical Artistic

Sound Recording

3-TRADEMARKSTrademarks are commercial source indicators, distinctive signs that identify certain goods or services produced or provided by a specific person or enterprise.

Trademarks are especially important when consumer and producers are far away from one author.

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.

LABEL - PEPSI / COCA COLA

NAME - TATA / BIRLA / GODREJ/ Reliance

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Trademark

4-TRADE SECRETSTrade secrets are classified as any information that may be used in the operation of a business and that is sufficiently valuable to afford an actual or potential economic advantage.

Trade secret includes:-

Financial Information

Commercial Information

Technical and scientific information

Examples of Trade Secrets:

•Like formulas for products, such as the formula for coca-cola.

•Survey methods used by professional pollsters, recipes.

•A new invention for which a patent application has not yet been filed.

•Marketing strategies,manufacturing techniques, and.computer algorithms.

Advantages of trade secrets:

•It include unlimited duration.

•Lack of legal formalities and requirements.