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PROTECTION OF INTELLECTUAL PROPERTY

RIGHTS

PRESENTED BY

SARAN KUMAR M

ROLL NO:1005140


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FORMS OF PRODUCTION OF IPR

PatentsCopyright

Trademarks

Industrial designs

Geographical indications

Layout design of integrated circuits

Protection of new plant varieties

Protection of trade secrets


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WHAT IS PATENTS??

Patents is a grant for an invention by thegovt to the inventor in exchange of fulldisclosure of the INVENTION debar others

to exploit the invention for commercialsuccess for a limited period within thegeographical boundaries of the nation.


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WHY ARE PATENTS NECESSARY??

Patent provide incentives to the inventors byoffering them recognition for their creativity andmaterial reward for their marketable inventors.

*these incentives encourage innovation whichassures that the quality of human life iscontinuously enhanced.


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HOW IS A PATENT GRANTED??

The first step in securing a patent is the fillingof the patent application.

The patent application generally contains thetitle of the invention as well as an indicationof its technical field.

It must include the background and a

description of the invention.


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WHEN SHOULD AN APPLICATION FOR A PATENT

BE FILLED??

Filling of an application for a patent should becompleted at the earliest possible date andshould not be delayed.

Delay in filling application may some risk suchas

1.Some other inventor might file a patentapplication.

Who grants patents??

a patent is granted by a nationalpatent office or by a regional office that does the

work for a number of countries.


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WHAT KINDS OF INVENTION CAN BE

PROTECTED??

1.The invention must be new and novel

2.The invention must show an inventive step.

3.The invention must be capable of industrialapplication.

4.Finally, its subject matter must be accepted

as patentable under law.


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CONT.

What is the term of a patent in indiansystem??

in indian,the term of a patent is 20

years from the date of filling the patentapplication.

What is the legislation covering patents inindia??

patent Act 1970(amended in1999,2002&march 2005


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CONT..

Filling of patent applicationpatent application from the kerala state have to

be filed in the patent office-chennai branch.

place address Phone\fax\mail

Patent office chennai

branch

Patent office

Intellectual propertyoffice buildingG.s.t.roadGuindy,chennai-600032

Ph:044-22502081-84

Fax:044-22502066Email:chennai-patent2nic.in


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USEFUL INFORMATION TO INVENTORS TO

PROTECT INVENTION

Maintain records of your research workmethodically

Do not publish your invention before filling

the patent application. File patent application as early as possible

Conduct patent search before filling patent

application to judge the patentability of yourinvention

Select your patent attorney and draft yourclaims properly before filling patent

application.


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USEFUL WEBSITES FOR PATENT SEARCH

www.uspto.gov (us patents)

Ep.espacenet.com (european patents)

www.ipindia.nic.in (indian patents)www.surfip.gov.sg (singapore patent office)

www.wipo.int (world intellectual property

organisation)
http://www.uspto.gov/http://www.ipindia.nic.in/http://www.surfip.gov.sg/http://www.wipo.int/http://www.wipo.int/http://www.surfip.gov.sg/http://www.ipindia.nic.in/http://www.uspto.gov/


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COPY RIGHTS

What does copyright cover??1.Literary, dramatic and musical work.computerprograms\software's are covered within the

definition of literary work2.book,novel,painting,drawing.

3.Cenematographic films which include sound

track and video films.4.record-any disk,tape,perforated roll or otherdevice.


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WHAT IS THE TERM OF COPYRIGHT??

A published within the lifetime of the author ofa literary work,the term is for lifetime of theauthor plus 60 years.

For cinematography films, records,photographs, anonymous publication, worksof govt and international agencies, the term is60 years from the beginning of the calendaryear in which the work was published.

For broadcasting, the term is 25 years fromthe beginning of the calendar year.


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CONT..

What is the legislation covering copyrights inindia??

copyright Act, 1957 as amended in1983,84,1992,94 and 1999.


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TRADEMARKS

What are trademarks??a trademark is a distinctive

sign or indicator of some kind which is used by

an individual or business organization toidentify uniquely the source of their productsand to distinguish their products or services

from those of other entities.*company name,logo,trade name.


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HOW IS A TRADEMARK REGISTERED??

An application for registration of a trademarkmust be filed with the appropriate national orregional trademark office.

The application must contains a clearreproduction of the sign filed forregistration,including any colors,forms,orthree-dimensional features.

What is the legislation covering trademarks inindia??

the trade marks Act,1999.


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DESIGNS

What does the term design mean accordingto the designs Act,2000??

designs means only the

features ofshape,configuration,pattern,composition of linesor colors applied to any article.

*shapes of: car, tv, bottle, camera,handicraftworks,etc

Ex:cococola bottle.


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WHAT ARE THE ESSENTIAL REQUIREMENTS

FOR THE REGISTRATION OF DESIGN UNDER

THE DESIGN ACT 2000?? The design should be new or original, not

previously published or used in any country

before the date of application for registration. The design should relate to features of

shape,configuration,pattern applied orapplicable to an article.

The design should applied or applicable toany article by any industrial process.

The design should not include any trade work

or property mark or artistic works.


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CONT.

Duration of designs:

initially for 10 years (renewalafter 10 years)


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GEOGRAPHICAL INDICATIONS

A geographical indication is a sign used ongoods that have a specific geographical originand possess qualities or a reputation that aredue to that place of origin.

Most commanly,a geographical indicationconsists of the name of the place of origin ofthe goods.

Geographical indications may be used for awide variety of agriculture products.some ofthe geographical indications are darjeelingtea,kancheepuram silk etc..


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WHAT IS THE LEGISLATION COVERING

GEOGRAPHICAL INDICATIONS IN INDIA?

The geographical indication ofgoods(registration and protection)Act, 1999.

What is the term of GI protections?

The registration of GI shall be for aperiod of ten years,but may be renewed fromtime to time for an unlimited period by paymentof the renewal fees.


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LAYOUT DESIGN OF INTEGRATED CIRCUITS.

What does semiconductor integratedcircuits(IC)layout design Act,2000 cover?

it provides protectionfor semiconductor IC layout designs.layoutdesign includes a layout of transistors andother circuitry elements and includes lead

wires connecting such elements andexpressed in any manner in asemiconductor IC.

Ex:layout ic chips.


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WHAT IS NOT REGISTRABLE AS IC LAYOUT

DESIGN?

An IC layout design is not registrable if it is

1. Not original

2. Commercially exploited anywhere in india or in aconvention country

3. Inherently not distinctive

4. Inherently not capable of being distinguishable

from any other registered layout design.

*What is the term of an IC layout designprotection?

the term is 10 years from the date of filling.


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PROTECTION OF NEW PLANT VARIETIES

Is there any Act for protecting a new plantvariety in india?

the plant variety protection andfarmers right Act 2001 were enacted in india toprotect the new plant variety.rules for the samewere notified in 2003.the Act has not come in to

force as detailed and complete rules are yet tobe formulated and notified.

Ex:bread wheat,garden pea,french bean etc.


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WHAT ARE THE OBJECTIVES OF PLANT VARIETY

PROTECTION&FARMERS RIGHT ACT IN INDIA?

To stimulate investment for research anddevelopment both in the public and the

private sectors for the developments of newplant varieties by ensuring appropriatereturns on such investments.

To facilitate the growth of the seed industryin the country through domestic and foreigninvestment.


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CONT..

To recognize the role of farmers ascultivators and conservers and thecontribution of traditional,rural and tribal

communities to the countrys agrobiodiversity by rewarding them for theircontribution through benefit sharing and

protecting the traditional right of the formers.


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WHAT ARE FARMERS RIGHTS?

1.A farmer who has breed or development anew variety shall be entitled for registration andother protection in like manner as a breeder ofa variety under this act.

2.The farmers variety shall be entitled forregistration if the application containsdeclaration as specified in claush(h)or sub-section 18.


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WHAT IS THE TERM OF PLANT VARIETY

PROTECTION?

In the case of trees and vines,eighteen yearsfrom the date of registration of the variety.

In the case of extant varieties,fifteen years

from the date of the notification of that varietyby the central govt under sec 5 of the seedsAct,1966.

In the other cases,fifteen years from the dateof registration of the variety.


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TRADE SECRETS

Protection of trade secrets.

secret informationcontaining knowledge of business.


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WHY PROTECT INTELLECTUAL PROPERTY?

Protection of IP rights is an incentive to humancreativity

Promotes respect for individual artists, and enablesthem to earn livelihoods

Prevents infringement and free riding IP serves as an instrument for cultural, social,

economic and technological development

New creativity helps create sustainable and

competitive businesses locally and internationally IP-based industries contribute significantly to national

economies

IP gaining importance in todays information society


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THANK YOU

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