Unit 4

1.what is intellectual property rights(IPR)?what are its types?

1. Intellectual Property Rights are legal rights, which result from intellectual activity in industrial,
scientific, literary & artistic fields.
2. These rights Safeguard creators and other producers of intellectual goods & services by
granting them certain time-limited rights
TYPES OF IPR
a. Patents
b. Trademarks
c. Copyrights and related rights
d. Geographical indications
e. Industrial designs
f. Trade secrets

a.Patents

1. patent is an exclusive right granted for an invention, which is a product or a

process that provides a new way of doing something
2. The protection is granted for a limited period, i.e. 20 years.
3. Patent protection means that the invention cannot be commercially made,
used, distributed or sold without the patent owner's permission.
4. Product, Process, Machine, Manufacture, Composition of Matter can be
patented.

b.Trademarks

1. A trademark is a distinctive sign that identifies certain goods or services

2. It may be one or a combination of words, letters, and numerals.
3. They may consist of drawings, symbols, three- dimensional signs such as the
shape and packaging of goods.

c.Copyrights

1. Copyright is a legal term describing rights given to creators for their literary and
artistic works
2. It includes literary works such as novels, poems, plays, films, musical
compositions, and choreography, artistic works such as paintings, drawings,
photographs and sculpture; architecture; and advertisements, maps and
technical drawings
3. Creators often sell the rights to their works to individuals or companies best
able to market the works in return for payment
 d.Geographical indications

1. It is an exclusive right given to a particular community hence the benefits of its

registration are shared by the all members of the community
2. A geographical indication points to a specific place or region of production that
determines the characteristic qualities of the product that originates therein.
3. Recently the GIs of goods like Chanderi Sarees, Kullu Shawls, and Wet Grinders etc
have been registered.

e.Industrial designs
1. Industrial designs refer to creative activity, which result in the ornamental or formal
appearance of a product
2. Industrial designs are an element of intellectual property
f.Trade secrets
1. It may be confidential business information that provides an enterprise a competitive
edge may be considered a trade secret
2. Usually these are manufacturing or industrial secrets and commercial secrets
3. These include sales methods, distribution methods, consumer profiles, and
advertising strategies, lists of suppliers and clients, and manufacturing processes
4. trade secrets are protected without registration

2.What is trade seceret ? what are the ways to protect

trade secrets?Give some examples
A trade secret is a formula, pattern,physical device, idea, process,
orcompilation of information which is not generally known to customers or
competitors
Examples of trade secrets
1. A formula for a sports drink
2. Survey methods used by professional
3. pollsters, and Recipes (food)
4. A new invention for which a patent
5. application has not yet been filed
6. Marketing strategies
7. Manufacturing techniques
8. Computer algorithms
Ways to protect trade secrets
1. Restrict access to the information (lock it away in a secure place, such as a
bank vault)
2. Limit the number of people who know the information
3. Have the people who know the trade secret agree in writing not to disclose
the information.
Advantages of trade secret protection
1. Unlimited duration -trade secrets could potentially last longer than patents
(20 years) and copyrights
2. Your protection is theoretically worldwide
3. No application required
4. No registration costs
5. No public disclosure or registration with
6. government agency
7. Effective immediately
3.White is utility models?Briefly explain
1. A utility model is an exclusive right granted for an invention, which allows the
right to the holder to prevent others from commercially using the protected
invention, without his authorization, for a limited period of time
2. There is no universal acceptance of the utility models and different country
have different terminology, like in Australia, utility model protection is
referred as "Innovation Patent", in Malaysia as "Utility Innovation", in France
as "Utility Certificate", and in Belgium as "Short term Patent".
DIFFERENCES BETWEEN UTILITY MODELS AND PATENTS
1. The requirements for patents are stricter than the Utility Model.
2. Term of protection of Utility Models is usually lesser than patents. In some
countries utility models are granted for 10 or 7 years.
3. Process for the grant of Utility Models is simpler and faster than the patents.
Patent Office does not examine the utility applications substantially.
4. Utility Models are very cheap to obtain and maintain than the patents and can
be obtained in only 6 months to 1 year.
5. Patents are available in most of the countries whereas Utility Models are
available in specific countries.
6. Patents can be converted into Utility Models but not vice versa.
4.What are the roles of WTO and WIPO in ipr
establishments?
There are four main elements of WIPO’s work.
1.Shaping international rules
a) WIPO helps to develop and implement international law on intellectual
property.
b) There are now more than 25 international IP treaties administered by WIPO,
and negotiations are ongoing to deal with new challenges.
c) WIPO provides a neutral environment in which different countries can come
together to negotiate new rules, striking a fair balance between different
interests.
2.Delivering global services
a) WIPO delivers international filing and registration services
b) WIPO also provides arbitration and mediation services to help resolve IP
disputes.
c) WIPO charges fees for these services. In fact, it earns more than 90% of its
income through such fees.
3.Cooperating with countries and partners to make IP work for development
4. Providing information and shared infrastructure
a)WIPO aims to be a comprehensive and impartial source of information on
global IP issues
b)WIPO has also developed infrastructure for accessing and sharing
knowledge, including enormous databases of patents, brands, trademarks,
appellations of origin and IP legislation.
WTO (World Trade Organisation)
WTO functions
1. To oversee implementing and administering WTO agreements.
2. To provide a forum for negotiations.
3. To provide a dispute settlement mechanism.
4. To administer trade agreements.
5. To review national trade policies.
6. To assist developing countries in trade policy issues.
7. To cooperate with other international organizations.
8. Ensure trade flows smoothly.
9. Provide developing countries with trade related training programs.
10. Goals
11.
12. employment
13.
14.
5.What are the types of IPR agreement?
1. Technology Licensing or Technology Transfer Agreements
2. Trademark Licensing and Franchising Agreement
3. Copyright Licensing Agreement
4. Inventions Assignment Agreement
5. E-book Publishing Agreement
6. Music License Agreement
7. Research and Development Agreement
8. Work For Hire Agreements