Presentation on

Intellectual Property Rights

IPR
What do you mean by IPR??

Its INTELLECTUAL PROPERTY RIGHTS.

Intellectual property right means rights to the
intellectual property.


Definition of IP
Intellectual property (IP) is the name given to property
arising out of human intellectual effort.
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The output of human
intellectual effort often
manifests itself as new or
original knowledge or
creative expression which
adds a desirable quality to a
marketable product or
service.
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IPR
WHAT IS IP?
A PROPERTY GENERATED BY THE INTELLECTUAL,
CAPABILITY OF AN INDIVIDUAL OR A GROUP OF
INDIVIDUALS
The IP system is the best available tool for creating
and maintaining exclusivity over creative and
innovative output in the market place.
WHAT IS IPR?
THE LEGAL RIGHTS ON THE ABOVE GENERATED
PROPERTY
Intellectual property refers to creations of the mind:
Inventions,
literary,
Artistic works,
Designs used in commerce,
Symbols,
Names,
Images.
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Characteristics of IP
A key characteristic of any property is that the owner
of property has the exclusive authority to determine
how that property is used.
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Physical Property
(Tangible or Material)
Intellectual Property
(Intangible or Immaterial)
2009
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Physical Property
(Tangible or Material)
Intellectual Property
(Intangible or Immaterial)
In both the case
the owner has
exclusive right to
determine how it
is used.
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Physical Property
(Tangible or Material)
Intellectual Property
(Intangible or Immaterial)
Can only be used by
one or a limited
number of people at a
given time.
Can be used by
various people at the
same time (including
the owner or creator).
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Physical Property
(Tangible or Material)
Intellectual Property
(Intangible or Immaterial)
Has economic value
as long as it exists or
as long as there is
demand for it.
Has economic value
only for the duration
specified in the laws
and as long as there is
demand for it.
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Physical Property
(Tangible or Material)
Intellectual Property
(Intangible or Immaterial)
Possibility of theft and
disputes concerning
ownership is rather
limited.
Greater possibility of
theft and disputes
concerning ownership.
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Physical Property
(Tangible or Material)
Intellectual Property
(Intangible or Immaterial)
Theft occurs only if
the possession of the
property changes
hands.
Theft occurs if the
property is copied,
imitated, adapted,
translated, used,
displayed, etc. without
permission of the
owner or creator.
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Physical Property
(Tangible or Material)
Intellectual Property
(Intangible or Immaterial)
In both the cases
Expenditure or
income from the
property may be
subject to taxation.
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Physical Property
(Tangible or Material)
Intellectual Property
(Intangible or Immaterial)
Both the
properties May be
valued and
reflected on
account books and
balance sheets.
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Physical Property
(Tangible or Material)
Intellectual Property
(Intangible or Immaterial)
Both the
properties May be
securitized and
used as collateral
for borrowing
money
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Physical Property
(Tangible or Material)
Intellectual Property
(Intangible or Immaterial)
Both the
properties May
be insured.
2 types of property:
Physical Property
The owner has exclusive rights to
determine how to use it.

Can be used by one or a limited no of
people at a given time.

It has economic value as long as there
is a demand for it.

Possibility of theft and disputes
concerning ownership is limited.

Expenditure and income from the
property may be subject to taxation

May be insured
Intellectual Property
The owner has exclusive rights to
determine how to use it

Can be used by various people at the
same time (incl. owner/creator)

It has economic value only for the
duration specified in law & demand

Greater possibility of theft and
disputes concerning ownership.

Expenditure and income from the
property may be subject to taxation

May be insured
Intellectual property, very broadly, means the legal rights
which result from intellectual activity in the industrial,
scientific, literary and artistic fields.

Countries have laws to protect intellectual property for two
main reasons.
One is to give statutory expression to the moral and economic
rights of creators in their creations and the rights of the public in
access to those creations.
The second is to promote, as a deliberate act of Government
policy, creativity and the dissemination and application of its
results and to encourage fair trading which would contribute to
economic and social development.
IPs are an intangible assets
Intellectual property law aims at safeguarding
creators and other producers of intellectual goods
and services by granting them certain time-limited
rights to control the use made of those productions

IP systems are manmade systems.

The amount of variation is huge.

In IP, the operative words are earlier, before, prior,
ahead, previous, etc.
One who created, invented, implemented, etc
first, the IP right would be with him/her.

Intellectual property refers to
creation of the mind: Inventions, literary, and artistic
work, and symbols, names, images, and designs used
in commerce.
IP is divided in two categories:
Industrial property: patents, trademarks, industrial
design, and geographical indication.
Copyright: literary works such as novels, poems,
and plays, films, musical composition, artistic work
as drawing, painting, photographs and sculptures
and architectural designs.


INTELLECTUAL PRPPERTY
INDUSTRIAL PROPERTY
COPYRIGHT
PATENTS
TRADEMARKS
INDUSTRIAL DESIGN
GEOGRAPHICAL INDICATION
TRADE SECRETS
LITERARY WORKS
ARTISTICS WORKS
Types of IP Rights
Trademarks (Brands)
Geographical Indications
Industrial Designs
Patents and Utility Models
Copyright and Related Rights
Trade Secrets
Patents

A patent is an exclusive right granted for an
invention, which is a product or a process that
provides a new and non-obvious way of doing
something, or offers a new and non-obvious
technical solution to a problem.

Patents

Example: Ring-pull Cans

The inventor licensed the system to Coca-Cola at 1/10 of a
penny per can. During the period of validity of the patent the
inventor obtained 148,000 UK pounds a day on royalties.
Trade Mark

A trademark is a sign or any combination of signs,
capable of distinguishing a product or service from
other products or services on the market.


Industrial Designs

An industrial design (or simply a design) is the
appearance of the whole or part of a product
resulting from features of, in particular, the lines,
contours, colours, shape, texture and/or materials
of the product itself and/or its ornamentation.

Trade Secrets
Trade secrets or confidential business information are
any information that can be used in the operation of a
business and that is sufficiently valuable and secret to
afford economic advantage over others

Geographic Indications

A geographical indication is a sign used on goods
that have a specific geographical origin and
possess qualities or reputation that are due to
their place of origin.

Copyright
Copyright describes a bundle of rights given to creators in
relation to their literary and artistic works. It protects items
such as paintings, drawings, sculptures, photographs
,architecture, instruction manuals, software, databases,
technical documentation, advertisements ,maps ,literary
works, music, films or songs.

Music
Films
Literary





What are Related Rights?
There are three kinds of related rights:
Rights
of performers
Actors
Musicians
Singers
Dancers
or generally
people who
perform in their
performances;
Rights of
producers of
sound recordings
(also called
phonograms) in
their recordings
(cassette
recordings,
compact discs,
etc.);
Rights of
broadcasting
organizations in
their radio and
television programs
and in Internet
broadcasts such as
podcasts.
Different ways to protect IP:
Innovative products and processes Protected by Patents & Utility
Models.
Creative designs, including textile
designs
Protected by Industrial Designs.
Brands Protected by Trade Mark
Protection
Denominations for goods of a given
quality or reputation attributable to the
Geographical origin
Protected by Geographical
Indication
Undisclosed information of
commercial value
Protected by Trade Secrets.
Cultural, artistic & literary works
including in most countries, computer
software and compilation of data
Protected by Copyright, & Related
Rights
One product many IP rights:
The are many products which individually has many
IP rights like:
CD Player
1. Technical features - Patent
2. Embedded computer programme
copyright
3. Aesthetic design
Industrial design
4. Brand trademark
5. confidential information
Trade secrete

One product many IP rights:
The are many products which individually has
many IP rights like:
Godrej Ezee:
Patent, trade secrete
Shape of bottle
Design of bottle
Brand
Label



Characteristics :
1. IP does have commercial value like physical property,
expenditure or income from IP may be subject to taxation.
2. The owner of the property has the exclusive authority to
determine how that property is used.
3. IP has value only for the duration for which law allows.
4. Intellectual output can potentially be used or enjoyed by an
unlimited number of people.
5. Fees charged to use to IP asset is called Licensing of IPRs.
6. There are more chances of theft and disputes concerning
ownership and use of IP.


Limitations:
1. Rights exist for a limited period.
2. Rights are restricted geographically.
3. Rights are limited by subject matter.
4. Rights are potentially limited by competition
and free movement required.
The Paris convention for protection of industrial property came into
existence in 1883, it dealt with Patent, TM, designs, etc and not copyright.
India is not a part of it.

TRIPS Agreement (Trade Related Aspects of Intellectual Property Rights)
has adopted the provision of Paris convention in that nationals of
signatory country. India is a member of it.

The Berne convention -1886 was the first international convention on
copyright, India is a member of it.

In 1947 the General Agreement on Tariffs and Trade (GATT) came into
existence.

WTO- World Trade Organization came into existence in 1995, WTO
agreement is a package deal, the member countries have to accept all of
the agreement.
Some of the treaties & conventions dealing with
patents, trademark, copyright are:
Washington treaty on intellectual property in respect of integrated
circuits(1989)

Trade mark law treaty(1994)

Patent co-operation treaty(1970)

Budapest treaty on international recognition of the Deposit of Micro-
organism for the purpose of Patent Procedure(1977)

Madrid agreement concerning the international registration of
marks(1891)

Locarno agreement establishing an international classification for
industrial designs(1968)

Thank you