Patents, Copyrights, Trademarks

This presentation helps you to thoroughly understand the concept of patents, copyrights, trademarks, trade secrets etc. Also it includes the steps for registering the above mentioned subjects. Do have a look.

1. Government Engineering College Bharuch Under the subject of “Entrepreneurship (2181923)” Topic: Patents, Copyrights, Trademark Presented By: Name Enrollment No. Zenith Macwan 160140119041 Nitesh Mahato 160140119042 Piyush Mahala 160140119043 Priyank Mali 160140119044 Keval Mohite 160140119045

2. Overview Of Journey Intellectual Property Rights Patents Steps for Filling a Patent Copyrights Procedure for registering a copyright Trademark Trade secrets

3. Intellectual Property Rights According to World Intellectual Property Organisation (WIPO) , Intellectual Property (IP) refers to: Creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. Intellectual Property is divided into mainly two categories: Industrial Property includes patents for inventions, trademarks, industrial designs. Copyright refers to literary or artistic works, films, novels. Rights related to copyright include producers of phonograms and broadcasting organisations.

4. Patents A patent is an exclusive right granted for an invention- a product or process that provides a new way of doing something, or that offers a new technical solution to a problem. Basically a limited monopoly having exclusive rights. A patent provides patent owners with protections for their inventions for a limited period, generally 20 years. Owners may also sell their invention rights to someone else, who then becomes the new owner of the patent. Once a patent expires, protection ends and the invention may enter the public domain which is called becoming off patent.

5. Criteria for patents: The basic criteria for an invention to be patented are as follows: Invention must be a novel Invention must be non-obvious Be capable of Industrial Application Enabling As per Patent Act In India has specified certain subject matters which aren’t eligible for getting patented in India. This areas are: Inventions relating to atomic energy Physical Phenomena or Abstract Ideas Any aesthetic creations or inventions which harm the environment Laws of nature contrary to well established natural laws Discovery of any living or non-living thing

6. Steps for filling a patent are as follows: Writing down the Conceptual Idea of the invention with max. possible details Inclusion of drawing, diagrams or sketches Checking if the invention is patentable subject matter Patentability Search Report (Criteria Checking) Decide whether to go ahead with patent Draft Patent Application (Including Provision Application) Publication of the Application Request for examination Respond and clearing all objections; if any Grant of Patent Steps for Filling A Patent

7. PATENTS

8. Copyright laws grant authors, artists and other creators protection for their literary and artistic creations, generally referred to as “works”. Basically a legal right given by the country’s law which grants the exclusive rights for its uses and distribution of the original work. No essential requirement of novelty or uniqueness. Copyrights protect the expression of an idea and not the idea itself. Copyright protection gives the copyright holder the exclusive right to copy, modify, distribute, perform and display the work publicly. Normally the length of copyright is the life of the author plus 50-70 years. Copyrights

9. Copyrights mainly covers the following areas: Literary or Musical works Dramatic works Pantomimes and choreographic works Architectural works Motion Pictures and other audio-visual works Though copyrights wont include the following things: Names of product, businesses or groups Pseudonyms of individuals Catchwords, catchphrases, mottos Titles of works

10. Steps for registering a copyright are as follows: Filling procedure that includes submitting the complete details and wait for 30 days for any objection Clearing the objections Examination Registration process of the copyright Steps for Registering A Copyright

11. COPYRIGHTS

12. A trademark is a distinctive sign that identifies certain goods or services produced or provided by an individual or a company. A trademark is like a brand name. Basically a symbol, colour, word, design, symbol, or a phrase used to identify a particular product and distinguish them from the products of others. Its origin dates back to ancient times when craftsmen reproduced their signatures, or “marks”, on their artistic works or products of a functional or practical nature. There are 3 types of symbol used for trademarks: ™ : Intent to use application filed for product ℠ : Intent to use application filed for service ® : Registered Trademark Trademarks

13. Steps for registering a trademark is as follow: An application for registration of trademark is filed. Application must have clear reproduction of the sign filed, including colours, three-dimensional features. Also the list of the goods or services to which sign would apply. The symbol should be distinctive. It must neither mislead nor deceive customers nor violate public order or morality. Search and examination by national offices to check if rights are granted to other trademark or not. Trademark protection varies, but can be renewed indefinitely upon payment of the corresponding fees. Steps for Registering A Trademark

14. TRADEMARKS

15. DIFFERENT REGISTERED TRADEMARKS

16. Any confidential business information which provides an enterprise a competitive edge may be considered a trade secret. Trade secrets encompass manufacturing or industrial secrets and commercial secrets. The subject matter of trade secrets is usually defined in broad terms and includes sales methods, distribution methods, consumer profiles, advertising strategies, lists of suppliers and clients, and manufacturing processes, recipes that are unique. Unlike copyrights, trademarks, patents, a trade secret isn’t registered with an government office to provide a verifiable public record of any claims to the secret. Also the unauthorised use of the trade secret by an unregistered holder is regarded as unfair practice and violation of rights. The best way to secure it is to restrict the access to the secret and have individuals sign non-disclosure agreements with a person who owns trade secrets if they require to know some aspects of the secret. Trade Secrets

17. A trade secret can be protected for unlimited period of time. But some general standards exist which are referred in Article 39 , of the agreement on Trade Related Aspects Of Intellectual Property Rights (TRIPS Agreement) : The information must be a secret The information should have a commercial value. It must have been subject to reasonable steps by the rightful holder of the information to keep it secret. If the trade secret gets leaked, one can be sued for theft. Suing can however can’t stop the person from using the leaked information. So although the trade secret holder may get money from suit, but loses the larger potential profits that could have been made from the idea.

18. TRADE SECRETS

19. Data General Corp. v. Digital Computer Controls, Inc. , 297 A.2d 433 (Del. Ch. 1971): protection and disclosure of design documents. Rivendell Forest Prods. v. Georgia-Pacific Corp. , 28 F.3d 1042: trade secrets and software systems. IBM v. Papermaster  (No. 08-9078, 2008 U.S. Dist):  Mark Papermaster  moving from   IBM  to  Apple computer  in 2008. Du Pont de Nemours and Company v. Kolon Industries Incorporated , Nos. 10-1103, 10-1275.  U.S. Court of Appeals for the Fourth Circuit . Argued Oct. 26, 2010–March 11, 2011. Trade secrets case involving Kevlar Fiber, resulting in award to DuPont of ~US$920 million. Christou v. Beatport, LLC  constituted that  MySpace  profiles could be held as trade secrets. Previous Cases (Relating to Trade Secrets)

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