INTELLECTUAL PROPERTY RIGHTS

IPR

Intellectual Property laws and enforcement vary widely from jurisdiction to jurisdiction.

Intellectual property laws confer a bundle of exclusive rights in relation to the particular form or manner in which ideas or information are expressed or manifested, and not in relation to the ideas or concepts themselves.

TYPES OF IPR

The term “Intellectual Property" denotes the specific legal rights –

1. Copyrights (e.g. book)2. Patents (e.g. new drug)3. Trademark (e.g. symbol)

4. Trade Secrets (e.g. new method)

Copyright

Copy right may subsist in creative and artistic works

(e.g. books, movies, music, paintings, photographs, and software) and give a copyright holder the exclusive right to control reproduction or adaptation of such works for a certain period of time (historically a period of between 10 and 30 years depending on jurisdiction, more recently the life of the author plus several decades).

Patent

A patent is a right to gives the patent holder to

prevent others from practicing the invention without a license from the inventor for a certain

period of time (typically 20 years from the filingdate of a patent application).

Trade Mark

A trademark is a distinctive sign which is used

to distinguish the products or services of different businesses. An industrial design right protects the

form of appearance, style or design of an industrial object (e.g. spare parts, furniture, or textiles).

Trade Mark A trade secret ("confidential

information") is secret, non-public information concerning the

commercial practices or proprietary knowledge of a business, public disclosure of which may sometimes be illegal Patents, trademarks, and designs rights are sometimes collectively known as industrial property, as they are typically created and used for industrial or commercial purposes.

Copyright Copyright (e.g. books, paintings, films) 1. Protects the work of expressions, not the

ideas ( ie. the form a creator/publisher gives to ideas).

Limited protection against substitute. 2. Protection focuses on copying 3. Long but limited protection (life + 50years

in Canada) 4. Covers original work of authorship in a

tangible medium of expression (e.g. book) 5. Registration is inexpensive. Copyrights are

easy to obtain

Patents Patents (i.e. inventions) 1. Protect the ideas, not just expressions 2. Registration is necessary (patent office) 3. Requirements: utility, novelty, non-

obviousness. Difficult to obtain 4. Short protection periods but greater

protection against infringers

Trademarks Trademarks (e.g. brand names, product

logos) Protect symbols and phrases Registration is not necessary but easy Protection periods vary Distinctiveness is required

Trade Secrets (e.g. formula, program, technique, method, process) Derives independent economic value from

not being known Registration is not required. Perpetual

protection is possible

Intellectual Property Rights in India There is a well-established statutory,

administrative and judicial framework to safeguard intellectual

property rights in India, whether they relate to patents, trademarks, copyright or industrial designs

etc. Well-known international trademarks have

been protected in India even when they were not

registered in India. The Indian Trademarks Law has been

extended through court decisions to service marks in

addition to trade marks for goods.

Features

• IPR are property rights over information, knowledge and ideas

• IPR are exclusive, trade able and temporary • IPR differ in the information being protected (copyright, patent, trade secrets, trademarks) • IPR protect information that has public good

characteristics (non-excludability and non-rivalry

consumption)

IPR : Digital Era

Computer software companies have successfully

curtailed piracy through court orders. Computer databases have been protected. The courts, under the doctrine of breach of confidentiality, accorded an extensive

protection of trade secrets. Right to privacy, which is not protected even

in some developed countries, has been recognized in

India.

IPR : Digital Era

IP, protected through law, like any other form of

property can be a matter of trade, that is, it can be

owned, bequeathed, sold or bought. The major

features that distinguish it from other forms are their

intangibility and non-exhaustion by consumption.

IP is the foundation of knowledge-based economy.

It pervades all sectors of economy and is increasingly

becoming important for ensuring competitiveness of

the enterprises.

Thank You