Meaning of IPR and its significance in field of law

IPR and its meaning

1. IPR : Meaning and Significance Dr. Nidhi Buch, Assistant Professor of Law & Head GCIPR 3/6/2021 © Dr. Nidhi Buch 2021 1

2. Scheme of Discussion 3/6/2021 © Dr. Nidhi Buch 2021 2

3. Patent Design Copyright Trademark Geographical Indications 3/6/2021 3 © Dr. Nidhi Buch 2021

4. Concept of Property 3/6/2021 © Dr. Nidhi Buch 2021 4

5. CONCEPT OF PROPERTY 3/6/2021 © Dr. Nidhi Buch 2021 5

6. Intellectual Property : Genesis 3/6/2021 © Dr. Nidhi Buch 2021 6

7. Intellectual Property is a combination of human intellect, skill and labour . Intellectual Property is intangible having tangible expression . 3/6/2021 © Dr. Nidhi Buch 2021 7

8. It shares many of the same characteristics associated with real property. Intellectual Property owner has the right to prevent the unauthorized use of or sale of the property 3/6/2021 © Dr. Nidhi Buch 2021 8

9. Rationale of protection of intellectual property 3/6/2021 © Dr. Nidhi Buch 2021 9

10. Rationale of protection of intellectual property 3/6/2021 © Dr. Nidhi Buch 2021 10

11. The Emerging Importance of IPR 3/6/2021 © Dr. Nidhi Buch 2021 11

12. Forms of IP rights protected in India TRADEMARKS : Trademarks Act, 1999 (new) PATENTS : Patents Act, 1970 (as amended) COPYRIGHT : Copyright Act, 1957 (as amended) DESIGNS : Designs Act, 2000 GEOGRAPHICAL INDICATIONS : GI Act, 1999 & Certification Mark provisions of the Trademarks Act TRADE SECRETS : No specific legislation but protected under principles of contract 3/6/2021 © Dr. Nidhi Buch 2021 12

13. Trademark Trademark is a visual form of a word, a device or a label applied to an article of manufacture or commerce with a view to indicate to the purchasing members of public about the origin of the manufacture of goods affixed with that mark. It distinguishes such goods from the goods manufactured by others in the trade. 3/6/2021 © Dr. Nidhi Buch 2021 13

14. Functions of a Trade Mark It identifies the product of its origin   It guaranties its unchanged quality It advertises the products It creates an image for products. 3/6/2021 © Dr. Nidhi Buch 2021 14

15. Copyright Copyright is a form of intellectual property protection granted under the Indian Copyright Act 1957, to the creators of original works of authorship such as literary, dramatic, musical, artistic, and certain other intellectual works. The copyright vests in original work in whatever form it may be and in India it is not mandatory but useful in courts where civil and/or criminal proceedings can be taken to protect it. 3/6/2021 © Dr. Nidhi Buch 2021 15

16. What can be protected under the Copyright Act Copyright law protects creative expression, not fact, idea system or method of process or operation. Expression may be found in product design, written expression, traditional artistic works, and other original works such as literary, dramatic, musical, and artistic works such as poetry, novels, movies, songs, computer software and architecture. 3/6/2021 © Dr. Nidhi Buch 2021 16

17. Patent - Meaning 3/6/2021 © Dr. Nidhi Buch 2021 17

18. Essential requirements of a patentable invention 3/6/2021 © Dr. Nidhi Buch 2021 18

19. Geographical Indication It is an indication It originates from a definite geographical territory. It is used to identify agricultural, natural or manufactured goods The manufactured goods should be produced or processed or prepared in that territory. It should have a special quality or reputation or other characteristics 3/6/2021 © Dr. Nidhi Buch 2021 19

20. Examples of Indian Geographical Indications Basmati Rice Darjeeling Tea Kanchipuram Silk Saree Alphanso Mango Nagpur Orange Kolhapuri Chappal Bikaneri Bhujia Agra Petha 3/6/2021 © Dr. Nidhi Buch 2021 20

21. Design Design is an idea as to features of shape, configuration, pattern or ornament applied to an article. Such design forms a branch of Intellectual Property. It refers to the non-functional appearance of the product, which appeals solely to the eyes. Industrial designs 3/6/2021 © Dr. Nidhi Buch 2021 21

22. Registrable Designs The features of shape, configuration, pattern, ornament or composition of lines or colors. New and original. Applied to any article in two or three-dimensional or in both forms. Appeal to the eye and judged solely by the eyes. Not previously published in India or elsewhere. 3/6/2021 © Dr. Nidhi Buch 2021 22

23. trade secret A trade secret is a formula, pattern, physical device, idea, process, 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. Trade secrets are confidential information that has commercial value by virtue of being kept secret and reasonable steps have been taken to keep it secret. 3/6/2021 © Dr. Nidhi Buch 2021 23

24. TERM OF PROTECTION TYPE of IP TERM OF PROTECTION Patents (On Registration) 20 years (Non renewable) Copyright (Not Compulsory) Life time of author plus 60 years in Lit. work (Differs with different type of work) Trademarks (Not Compulsory) 10 Years (can be protected in perpetuity) Geographical Indications (Not Compulsory) 10 Years (can be protected in perpetuity) Industrial Designs (On Registration) 10 Years (can be renewed for further five years) Trade secrets (No Registration) Till you keep it secret ! 3/6/2021 © Dr. Nidhi Buch 2021 24

25. _________________Thank You______________ 3/6/2021 © Dr. Nidhi Buch 2021 25