INTELLECTUAL PROPERT

BY MR SACHIN KUMAR
 INTELLECTUAL POPERTY RIGHTS
• Intellectual property (IP) pertains to any
original creation of the human intellect such
as artistic, literary, technical, or scientific
creation. Intellectual property rights (IPR)
refers to the legal rights given to the inventor
or creator to protect his invention or creation
for a certain period of time.
 HISTORY
• IPR have their roots in Europe.The first known
copyrights appeared in Italy. Venice can be
considered the cradle of IP system as most legal
thinking in this area was done here; laws and systems
were made here for the first time in the world, and
other countries followed in due course. Patent act in
India is more than 150 years old. The inaugural one is
the 1856 Act, which is based on the British patent
system and it has provided the patent term of 14
years followed by numerous acts and amendments.
 AMMENDMENTS

The first legislation in India relating to patents was the

Act VI of 1856.
The Act was subsequently repealed by Act IX of 1857
since it had been enacted without the approval of the
British Crown
Fresh legislation for granting ‘exclusive privileges’ was
introduced in 1 859 as Act XV of 1859.
the Act of 1859 was consolidated to provide protection
relating to designs. It was renamed as “The Patterns
and Designs Protection Act” under Act XIII of 1872
The Act of 1872 was further amended in 1883 (XVI of
1883) to introduce a provision to protect novelty of the
invention
Types of Intellectual Properties and their
Description

Originally, only patent, trademarks, and industrial

designs were protected as ‘Industrial Property’, but
now the term ‘Intellectual Property’ has a much
wider meaning. IPR enhances technology
advancement in the following ways:
 TRADE
PATENTS SECRETS

Trademarks Copyright

Geographical
indications(GI)
 Types of Intellectual Property
IP Protection Duration (in the U.S)
Inventions, industrial
Patents 20 years
designs, computer code
Unique identifiers for a
business or its products or As long as the trademarked
Trademarks
services (e.g., logos, brand material remains active
names)
70 years after the author
Works of authorship,
dies6International Trade
including books, poems,
Copyrights Administration. "
films, music, photographs,
How Long Does Patent, Tra
online content demark or Copyright Prote
ction Last?
"
 Patents

A patent is a property right for an investor that's typically

granted by a government agency, such as the U.S. Patent and
Trademark Office.2 The patent allows the inventor exclusive
rights to the invention, which could be a design, process,
improvement, or physical invention such as a machine.
Technology and software companies often have patents for their
designs. For example, the patent for the personal computer
was filed in 1980 by Steve Jobs and three other colleagues at
Apple (AAPL)
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 Trademarks

• A trademark is a symbol, phrase, or insignia that is recognizable and

represents a product that legally separates it from other products. A

trademark is exclusively assigned to a company, meaning the company

owns the trademark so that no others may use or copy it.

• A trademark is often associated with a company's brand. For example,

the logo and brand name of Coca-Cola is owned by the Coca-Cola

Company (KO)
 Trade Secrets
• A trade secret is a company's process or practice that is not public

information, which provides an economic benefit or advantage to the

company or holder of the trade secret. Trade secrets must be actively

protected by the company and are typically the result of a company's

research and development (R&D) , which is why some employers require

the signing of non-disclosure agreements (NDAs) .

• Examples of trade secrets could be a design, pattern, recipe, formula, or

proprietary process. Trade secrets are used to create a business model

that differentiates the company's offerings to its customers by providing

a competitive advantage.
 GI TAG
• A geographical indication (GI) is a sign used on
products that have a specific geographical
origin and possess qualities or a reputation
that are due to that origin.
 KS
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