Intellectual Property Rights

GOVT ENGG COLLEGE AJMER

Submitted ToMr. Atul ChaudharyAssistant ProfessorDepartment of CS & IT

Submitted By:Ajay PoshakInformation Technology10IT04

Overview

What is Intellectual Property RightTypes of Intellectual Property

• Patents• Trademarks• Copyright• Trade Secret

Procedure for PatentIP Acts in INDIAReferences

What is Intellectual Property?

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

Intellectual Property is the creation of the human intellectual process and is therefore the product of the human intellect or mind.

Types of Intellectual Property

Patents

Trademarks

Copyrights

Trade Secrets

Patents

Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.

Granted by appropriate authority and has a life of about 20 years.

Trademarks

It is a recognizable sign, design or expression which identifies products or services of a particular source from those of others.

The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher or on the product itself.

Copyright

It is a legal concept, that grants the creator of an original work exclusive rights to its use and distribution,that enables the creator of intellectual wealth to receive compensation for their work and be able to financially support themselves.

For example, a photographer of a photograph or the author of a book .

Trade Secret

A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers.

Owners of trade secrets seek to protect trade secret information from competitors by instituting special procedures for handling it.

Procedure for Patent

First of all apply to the territorial patent office based on your domicile with all documents.

Then patent office will examine the patent filed.

Now patent office accepts the patent and published it in the Gazette of accepted applications.

Then responding and overcoming satisfactorily to theovercoming objections by the applicant.

Procedure for Patent...

Then the patent is sealed.

And patent office releases the provisional specificationCertificate after receiving necessary fees.

After the period of twelve months, when applicant fully develops his product, a complete specification is issued.

This complete specification is known as Patent.

IP Acts in INDIA

First Intellectual Property Right was introduced in 1856 by British Government, named as “Act on Protection of Invention” .

Latest amendment has been done in 2012, in which some clauses were included to satisfy the conditions of Budapest Treaty of 1977.

IP Acts in INDIA...

INDIA is signatory to Berne Copyright Convention.

Under this, each member state recognizes the copyright of authors from other member states in the same way as the copyright of its own nationals.

It means that if you has patented a product in INDIA then you will have same patent in all member countries, no need to apply separately.

CONCLUSION

Intellectual property right is playing a great role in modern intellectual based society.

So Intellectual property rights must be obliged and followed properly.

It is not only the responsibility of Government but also of the entire society to ensure the implementation of intellectual rights properly.

References

http://www.wipo.int/wipolex/en/text.jsp?file_id=304385

http://www.ip-watch.org//development-in-indian-ip-law-the-copyright-amendment-act-2012/

http://www.nipo.in/

http://en.wikipedia.org/wiki/Trademark

http://www.bitspilani.ac.in/Uploads/Patent_Manual.pdf