Intellectual Property, Copyrigths, Patent Filling and Geographical Indication

Notes for Entrepreneurship Development

1. Intellectual Property It refers to creations of the mind, inventions, literary and artistic works and symbols, names, images and designs used in commerce. Intellectual property Copyrights Industrial property

2. Intellectual Property Inventions Patent Trademark Industrial Design Copyright and Related Right GI Trade Secrets/Undisclosed Information

3. Industrial Property Patents Trademarks Industrial designs Geographic Indications

4. Advantages of Intellectual Property Rights Provides exclusive rights to the creators or inventors. Encourages individuals to distribute and share information and data instead of keeping it confidential. Provides legal defense and offers the creators the incentive of their work. Helps in social and financial development.

5. Copyrights Literary Work Artistic Work

6. Patent It 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.

7. Patent Flow Chart A legal Right Conferred by the State To an applicant/inventor For disclosing a new Invention To make, use, sell or license the invention For a limited period

8. Criteria for granting a patent New (Novelty) - invention must be new and not known earlier. Useful (Capable of Industrial application) - invention must work and should not be only theoretical Unobvious (Involve an invention step) - must involve some effort on part of inventor

9. Patent Filing Procedure Long Process. There are various stages involved in filling a patent application. Application may be made by the inventor, either alone or jointly with another, or his/their assignee, legal representative of deceased inventor or assignee are entitled to apply.

10. Two types of patent filling procedures applied First to file patents (India follows first to file system) First to invent patents (US follows first to invent system)

11. Trademarks A trademark is a distinctive indication that distinguishes certain goods or services as those produced or offered by a specific person or organization. Trademarks can be registered for both goods and services. The procedures for registering trademarks are governed by national and regional IP authorities’ rules and laws. A single word, or a mix of words, letters, and numerals, will utterly represent a trademark

12. Geographical indication (GI) A geographical indication is a sign that appears on commodities that have a specific geographical origin and possess qualities or a reputation due to that place of origin. This “geographical indication” is more than just a description of the product’s origin. GI indicates the connection between quality, reputation or characteristic of that good and its territory of origin. The primary role of a GI is to identify a link between a good’s quality, reputation, or characteristic and its origin territory.