INTELLECTUAL

PROPERTY RIGHTS
PATENT, COPYRIGHT AND TRADEMARK
What is ‘Intellectual property’?
Intellectual property (IP) is any creation of human mind.
Like tangible property, their creation has a value and as
with all property its need to be protected.

Intellectual property comprises 2 distinct forms:

 Literary and Artistic works
 Industrial property
 Major
types of IP

Functional & A symbol, logo,

Purely artistic
technical word, sound,
works
invention design, etc.

Patent act, 1970 Copyright act, 1957 Trademark act, 1999

amended in 1999 & amended in 1982, amended in 1994,
2005 1984 and 1992 1996 and 2000
 PATENTS
o A patent describes an invention for which the inventor
claims the exclusive right.
o The life of patent is 20 years from the date of filling for
all type of inventions.
o The government fee for filing a patent application in India
is Rs 750/- for individual and Rs 3000/- for legal entities.
o Granting a patent in one country of the Union doesn’t
force other country to grant the patent for the same
invention.
Example of patents
 COPYRIGHT
o Copyright is a right which grants protection to the unique
expression of ideas.
o There is no requirement for novelty and uniqueness as
there is in patent law.
o Copyright protects the expression of an idea. Not the idea
itself.
o Life of copyright is author’s lifetime + 50 years from the
end of calendar year in which the author dies.
Works that can be copyrighted
 TRADEMARK

o A symbol, logo, word, sound, design or other device that is

used to identify a business or a product in commerce is a
trademark.
o Trademark is valid for 10 years from the date of
application which may be renewed for further period of 10
years on payment of prescribed fees.
Example of trademark