Topic Intellectual Property Right Submitted by Dabhi kirti

Topic : - Intellectual Property Right Submitted by : - Dabhi kirti Roll no : - 11 Submitted to : - Daksha Mam

Introduction Intellectual Property Right (IPR) is a term used for various legal entitlement which attach to certain types of information, ideas, or other intangibles in their expressed form. The term intellectual property reflects the idea that this subject matter is the product of mind or the intellect, and that Intellectual Property rights may be protected at law in the same way as any other form of property.

What are Intellectual property rights ? Intellectual property rights are like any other property right. They allow creators, or owners, of patent, trademarks or copyrights works to benefit from their own work or investment in a creation.

What is Intellectual property ? Intellectual property refers to creation of the mind invention, literary and artistic work and symbols, names and images used in commerce.

World history of IPR 1474 - A venetian Law made the first systematic attempt to protect inventions by a form of patent. 1450 - Invention of movable type and the printing press by Johannes Gutenberg. 19 th century - Industrial Growth 1883(Paris convention) - For the protection of industrial property.

1886(Berne convention) - For the protection of literary and Artistic works 1967 - WIPO 1994 - TRIPS, WTO

Intellectual Property system in India § 1485 - Venetian Ordinance § 1623 - Followed by Monopolies in England which extended patent right for Technology Invention. § 1760 - In the United States, patent law were introduced. § 1880 -1889 - European patent law. § 1856 - It is subsequently modified and amended. ( The Indian patents and Design Act, 1911. § After independence - Patent Act 1970

u Meaning of Copyright is a unique kind of Intellectual property. The right which a person acquires in a work, which is the result of his Intellectual labour, is called his copyright. Statutory definition Copyright means the exclusive right to do or authorize others to do certain act in relation to literary, dramatic or musical works, artistic work, cinematograph film.

u Characteristics of copyright 1) Creation of a statue 2) Some form of Intellectual property 3) Monopoly right 4) Multiple right 5) Copyright only in form not in idea

u Registration process of Copyright 1) Filing of application 2) Substantive examination of application 3) Communication of objectives 4) Compliance of objectives within 30 days 5) Accepted 6) Issue of certificate of registration

u Objectives of Copyright Act 1) To encourage the author, music, composers, singers to create their original piece of works by granting them exclusive rights. 2) To stop the misuse of Copyright. 3) To provide both civil and the criminal remedies in case of infringement. 4) To provides method of acquiring the Copyright for a longer period of time.

(Trade mark Act, 1999) u Meaning of Trade mark A trade mark is a visual representation attached to goods for the purpose of indicating their trade origin. 'Mark' includes a device, brand, heading, lable, ticket, name, signature, word, letter, shape of goods, packaging or combination of colours or any com- binational of colours.

u Functions of Trade Marks 1) It identifies the product and its origin. 2) It guarantees its quality. 3) It advertises the product. 4) It creates image ofproduct in the mind of the public, particularly consumers.

u Essentials of A Trade Marks 1) Distinctiveness of trade mark. 2) A word or name, should be easy to pronounced and remember. 3) It must be easy to spell correctly and write legibly. 4) It should be short. 5) It satisfy the requirements of registration.

u Registration process of Trade Marks 1) Initial consultation 2) Trademark search 3) Preparation of application documentation 4) Application for registration of trade-mark 5) Response to reasons for refusal 6) Decision to grant registration 7) Payment of registration fee

Patent Act, 1970 Meaning of Patent It refers to a grant of some privilege, property or authority made by the Government or the sovereign of the country to one or more individuals. The instrument by which such grant is made is known as 'Patent'.

Invention Patentable If. . 1) Newness (Novel) 2) Usefulness 3) Not Obvious 4) Pertains to patentable subject matter

u Process for registration of Patent 1) File application in the patent office 2) Provisional/Complete specification should be filed 3) Acceptance of specification 4) Publication of application 5) Request for examination of application 6) Objections 7) Amendment of objections 8) Patent is granted

Geographical Indication of Goods Act, 1999 u What is Geographical Indication ? A geographical Indication is a sign used on goods that have a specific geographical origin and possess qualities or a reputation due to that place of origin. Most commonly, a geographical Indication consists of the name of place.

u Process for registration of Geographical Indication 1) Filing of application 2) Application for goods of different class 3) Advertisement and opposition of registration 4) Register of Geographical Indication 5) Part A and B of the register 6) Duration 7) Renewal 8) Restoration

The Design Act, 2000 u What is Industrial Design ? An industrial design refers to the ornamental or aesthetic aspects of an article. A design may consist of threedimensional features, such as the shape or surface of an article, or two- dimen sional features, such as patterns, lines or colours.

u Process for registration of Design 1) Submission of application 2) Acceptance/objections/refusal 3) Removal of objections/appeal to central government 4)Decision of central government 5) Registration of the design

u Trade Secret Trade secret means an important confidential information about a trade, business or enterprise, which can malafiedly used by others either against the concern enterprise or to take unlawful advantages. The trade secret protection laws make the provision in regards to such in information. It consists of a formula, device, idea, which generally not known to public.

u Duration of Intellectual Property Rights in nutshell 1) Patent - 20 years from date of filling of patent application 2) Trade Marks - 10 years from date of making application 3) Copyright - 60 years 4) Geographical Indication - 10 years 5) Design - 10 years

u World Intellectual Property Organization (WIPO) -1967 WIPO is the global forum for Intellectu property policy, services, information and cooperation. Headquarters of WIPO in Geneva, Switzerland

u Reference 1) Law relating to Intellectual Property Dr. B. L. Wadehra