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Patents

Industrial Design

RightsPropertyIntellectual

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Table of content [Hyperlinks will work in slide show mode]

3 Tangible Property Vs Intangible Property

4 Intellectual Property in general

5 Need of IPR

6 Intellectual property Rights (India): Types, Symbols, Governing Acts , term and Content it protects

7 Industrial design published in CGPDTM Design Journal [Example]

8 Trademarks published in CGPDTM TM Journal [Example]

9 Geographical Indications published in CGPDTM GI Journal [Example]

10 Images from some interesting Patents

11 What are not Inventions as per Indian Patent Act [Section-3 and 4]

12 What are not inventions as per Indian Patent Act [Section-3 and 4]

13 What rights a patentee for Process/Product/Composition/Device have? [Section-48]

14 What you can do without infringing others patent for a Process/Product/Composition/Device [Section-47]

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Tangible Property Vs Intangible Property

Characteristics Tangible Property Intangible Property

Ownership √ √

Physical existance √ X

Transferable ownerhip √ √

Land Buildings Machinery Equipments Furniture and

fixtures Computer

Equipments Vehicles

Trademarks Patented technologies Unpatented technologies Software Copyrights Industrial Design Geographical Indication Plant Varieties

Google's trademark–now the most valuable on the planet, according to Brand Finance–is worth an estimated $44 billion, or 27% of the firm's overall value, measured by market capitalization (its stock price multiplied by the number of shares)

Google bought Motorola Mobility for $12.5 billion in 2011 and sold it in 2014 to Lenovo in just $2.9 billion. At the time of purchase Motorola was having 17,000 issued patents and 7,500 applications. Google has retained rights to Motorola’s patents, and is licensing them to Lenovo.

In 2013, Lilly's patent on its popular insulin drug Humalog, which earned the company $2.4 billion, expired. Hasbro Inc. has TM registration for Transformer Action Figures. [http://s90690880.onlinehome.us/trademarks/hasbrotflive.html] There is a list of most valuable paintings in India at The Art Trust. [http://www.theartstrust.com/topindianpaintingby s.aspx]. A

painting by VS. Gaitonde was sold in Rs 23,70,25,000 last year. "Firefly - A Fairytale", written by famous fashion designer Ritu Beri is most costly book in India. The book is priced at Rs 1 lakh and

is published by Ritu Beri herself.

VS. Gaitonde Art Ritu Beri’s Firefly-A Fairytale

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Intellectual property (IP) is a legal term that refers to creations of the mind

Proprietary Phrases

InventionsCinematographic and Musical works

Design RegistrationTrademarksLiterary works

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Intellectual property Rights : Need

Company Value: Over 75% of the Company Value in Fortune 500 firms are due to IP assets the firms possess.

Entry Barriers: IP Rights help a business by capturing the value one creates to consumers by creating entry barriers in a given market.

Legal Monopoly: A Patent provides reward to an inventor for his inventiveness and creativity in the form of “legal monopoly” to commercially exploit his creation for 20 years .

Advance of Man Kind: In exchange to a Patent Right, an inventor gives back to the public his knowledge, to be shared and used for further improvement and the advance of mankind.

Goodwill: A name or brand conveys all the “goodwill” of your product or service. A Trademark holds that Goodwill and leads consumers to your original product or service.

Avoid Free-riding: Competitors could “free ride” on unprotected successful brands, attracting your original consumers to their non-original products or services.

Financial Leverage & Monetizing: One could monetized an IP asset in several ways. An IP right owner could license his rights to 3 rd parties, growing his business internationally, generate franchises, transfer those rights and even leverage bank loans, using their IP rights as collaterals.

Counterfeiting: A novel and attractive product could be copied, produced and commercialized as an imitation or counterfeit of the original product. IP Rights help you stops those counterfeited product at the boarder by means of effective customs legal actions, based in those original IP rights.

Works or Art: Creative artist and other professional could create works of art and share his creating with the world worry-free. He will be sure to be recognize as the creator and he and his successors will enjoy the financial benefits of potential royalties deriving from that creation.

Avoid Infringement: Even though one chooses not to protect his product or service, that product / service name and or technology, could be infringing some else’s IP Right, which could end in law suits and the payment of heavy damages to the other party. Back

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Intellectual property Rights (India): Types, Symbols, Governing Acts , term and Content it protects

IPR Characteristics Details

Patent

Symbol ®Governing Act The Patent Act, 1970

Content protected Inventions [Product, Process, Composition, Devices]

Term of Protection 20 years from date of priority

Copyright

Symbol ©Governing Act The Copyright Act, 1957

Content protected Literary matter, periodicals, maps, photographs, works of art, textile and other designs, sound recordings, musical

Term of Protection In general 60 years

Design

Symbol “Design Registered”

Governing Act The Design Act, 2000

Content protected Design applied to products

Term of protection 15 years

Trademark

Symbol TM

Governing Act The Trademark Act, 1999

Content protected Letters, words, names, signatures Labels, devices, tickets, shapes, colors and their combination for products, process, devices and services

Term of protection Unlimited period subject to renewal

IPR Characteristics Details

IC Layout Design

Symbol NA

Governing Act The Semiconductor Integrated Circuits Layout Design Act, 2000

Content protected

IC topography

Term of protection

10 years from the date of protection or first commercial exploitation

Geographical Indication

Symbol “Geographical Indication Registered”

Governing Act The Geographical Indications of Goods (Registration and Protection) Act, 1999

Content protected

Sign used on products providing information of its geographical origin

Term of Protection

Unlimited period subject to renewal

Plant Varieties

Symbol NA

Governing Act The Protection of Plant Varieties and Farmers’ Rights Act, 2001

Content protected

Sign used on Farmers’ Variety, New Variety, and Extant Variety

Term of protection

15-18 years

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Industrial design published in CGPDTM Design Journal [Example]

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Trademarks published in CGPDTM TM Journal [Example]

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Geographical Indications published in CGPDTM GI Journal [Example]

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Images from some interesting Patents

Foldable bicycle

A million color pen

A flying car

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What are not Inventions as per Indian Patent Act [Section-3 and 4]

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What are not inventions as per Indian Patent Act [Section-3 and 4]

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What rights a patentee for Process/Product/Composition/Device have? [Section-48]

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What you can do if patent is active for a Process/Product/Composition/Device [Section-47]

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