TYPES OF INTELLECTUAL PROPERTIES AND LEGISLATIONS COVERING IPR IN INDIA : PATENTS ,COPYRIGHTS

TYPES OF INTELLECTUAL PROPERTIES AND LEGISLATIONS COVERING IPR IN INDIA: PATENTS, COPYRIGHTS
In this presentation, you will get to know about copyright, patents, and Intellectual property rights in India. The duration of patent and how copyright is different from the patent.

1. ‌ AEAB 511 ‌ TOPIC TYPES OF INTELLECTUAL PROPERTIES AND LEGISLATIONS COVERING IPR IN INDIA : PATENTS ,COPYRIGHTS BY – KISHLAY RANJAN

2. IPR (Intellectual Property Right) ‌ Intellectual property right (IPR) is a lawful right of an individual granted by government for a specified period on the ownership of the property created through his intellect. It is for effective use of knowledge for economic growth. ‌ 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 (“IP”) is intangible property that protects a work, identifier or invention that is the result of creativity. ‹#›

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4. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. Thomas Jefferson (EX President US) ‹#›

5. Types Of IPR 1.Patents 2.Copyrights 3.Trademarks ‹#›

6. Patents A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. A patent gives you the right to stop others from copying, manufacturing, selling or importing your invention without your permission. You can then use your invention yourself. Once a product is patented , it cannot be commercially produced , distributed, used, or sold without the consent of the patent owner ‹#›

7. ‌ Under the Indian patent law , a patent can be obtained only for an invention which is new and useful . The invention must relate to the machine, article or substance produced by a manufacturer, or the process of manufacture of an article. A patent may also be obtained for innovation of an article or of a process of manufacture. In respect to medicine or drug and certain classes of chemicals, no patent is granted for the substance itself even if it is new , but the process of manufacturing and substance is patentable. The application for a patent must be true and the first inventor or the person who has derived title from him, the right to apply for a patent being assignable. ‹#›

8. ‌ Patents provide incentives for economically efficient research and development. Patents are intended to facilitate and encourage disclosure of innovations into the public domain for the common good. An invention must satisfy the following three conditions of : Novelty Inventiveness(non obviousness) Usefulness ‹#›

9. Under the provisions of section 159 of the Patents Act, 1970 the Central Government is empowered to make rules for implementing the Act and regulating patent administration. According to the Patents Act, 1970 , an ‘invention’ must fulfill three criteria: first , it must be a new product or a process that did not previously exist; second , it must offer a new technical improvement as simple changes to a previously known technique cannot be patented; third , the proposed invention must be useful . For instance, a patent cannot be granted for inventions that can only be used for an illegal or immoral purpose. ‹#›

10. BIG CONCEPT The term of every patent granted is 20 years from the date of filing of application. ‹#›

11. Copyright is a legal means of protecting an author's work. It is a type of intellectual property that provides exclusive publication, distribution, and usage rights for the author. Many different types of content can be protected by copyright. Copyright It is important to note that a person cannot copyright an idea; rather, they can copyright an expression of an idea that they’ve created. Copyright law protects the expression of an idea. ‹#›

12. It is a right which grants protection to the unique expression of ideas. The term original in the copyright law means that the work originated with the author. There is no requirement for novelty or uniqueness as there is in patent law. The duration of your copyright protection depends on how the work was created and by whom. Works created by an individual have protection lasting for the life of the author, plus 70 years. Works created anonymously, pseudonymously, or for hire, have protection lasting for 95 years from the date of publication or 120 years from the date of creation, whichever is shorter. ‹#›

13. What can be protected? Literacy or dramatic work A musical work A cinematographic film A sound recording A photograph A computer generated work ‹#›

14. COPYRIGHT DOES NOT PROTECT 1.Mechanical or useful aspects of works of craftsmanship (It may, however, protect any pictorial, graphic, or sculptural authorship that can be identified separately from the useful or mechanical aspects of an item. 2.Concept, idea, or principle not in fixed and tangible forms. ‹#›

15. 3.Procedure, process, formula, method, or system (These things are more appropriate for patent protection) ‹#›

16. LEGISlATION COVERING IPR IN INDIA PATENT ‹#› Accordingly, the Patents Rules, 1972 were notified and brought into force with effect from 20/4/1972 . These Rules were amended from time to time till 20 May 2003 when new Patents Rules, 2003 were brought into force by replacing the 1972 rules . These rules were further amended by the Patents (Amendment) Rules, 2005 and the Patents (Amendment) Rules, 2006. The last amendments are made effective from 5 th May 2006. A patent once granted is valid for 20 years , and requires renewal every year from the third year of the date of application.

17. COPYRIGHT ‹#› The Copyright Act, 1957 (the ‘Act’) came into effect from January 1958. The Act has been amended five times since then, i.e., in 1983, 1984, 1992, 1994, 1999 and 2012. The Copyright (Amendment) Act, 2012 is the most substantial. The main reasons for amendments to the Copyright Act, 1957 include to bring the Act in conformity with two WIPO internet treaties concluded in 1996 namely, the WIPO Copyright Treaty (“WCT”) and WIPO Performances and Phonograms Treaty (“WPPT”); to protect the Music and Film Industry.

18. Thanks! ‹#›