INTELLECTUAL PROPERTY

LAWS
UNIT-5
• The Law on the subject is covered by the
• Copyright Act;
• The Trademark ;
• Patents Act and
• The Designs Act. These are mainly based on the English law on the subject.
OBJECTIVES OF I P ACT

• To create public awareness about the benefits of Intellectual property among all sections of society.
• To stimulate the creation and growth of intellectual property by undertaking relevant measures.
• To have strong and effective laws with regard to IP rights, consistent with international obligations.
• To modernize and strengthen IP administration.
• To catalyze commercialization of IP rights.
WHAT IS AN INTELLECTUAL PROPERTY ?

• Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works;
designs; and symbols, names and images used in commerce.
• IP is protected in law by, for example, patents , copyright and trademarks , which enable people to earn
recognition or financial benefit from what they invent or create.
• They allow the creators or owners of IP to benefit from their work or from their investment in a
creation by giving them control over how their property is used.
• 1.Intellectual property is an umbrella term for a set of intangible assets or assets that are not physical in
nature.
• 2 Intellectual property is owned and legally protected by a company from outside use or
implementation without consent.
• 3 Intellectual property can consist of many types of assets, including trademarks, patents and
copyrights.
• Intellectual property is original property created in someone's mind.
• It can be a play, a novel, a product invention, a marketing plan, a logo or many other things.
• Not every idea will be classified as intellectual property.
• To be an intellectual property, the idea must be marketable and valuable in some manner.
 INTELLECTUAL PROPERTY RIGHTS

• Intellectual property rights (IPRs) are rights assigned to the creators of intellectual property (individuals
or organizations) regarding its exclusive use. Intellectual property rights are in different forms. WTO’s
TRIPs Agreement classifies intellectual property rights into following groups.
• Copyright and related rights
• Trademarks, including service marks
• Geographical indications
• Industrial designs
• Patents
• Layout- designs (topographies) of integrated circuits
• Undisclosed information, including trade secrets
• Control of Anti-Competitive Practices in Contractual Licenses.
PATENT
• A patent is the granting of a property right by a sovereign ( Government) authority to an inventor.
• This grant provides the inventor exclusive rights to the patented process, design, or invention for a
designated period in exchange for a comprehensive disclosure of the invention.
• A patent is a limited property right the government gives inventors in exchange for their agreement to
share details of their inventions with the public. Like any other property right, it may be sold, licensed,
mortgaged, assigned or transferred, given away, or simply abandoned.
• PATENT IS NOT FOR AN IDEA OR A PRINCIPLE , BUT FOR THE PROCESS OF APPLYING AN IDEA
• PATENT MEANS A patent FOR ANY INVENTION GRANTED UNDER PATENTS ACT Section 2 (1)(m)
• Patentee means the person for the time being entered on the register as grantee or proprietor of the
patent.
COPYRIGHT
• It is the exclusive right, given to the creator of a work, to reproduce the work, written or
recorded on some physical medium.
• Copyright refers to the legal right of the owner of intellectual property.
• In simpler terms, copyright is the right to copy.
• This means that the original creators of products and anyone they give authorization to are
the only ones with the exclusive right to reproduce the work.
• Copyright law gives creators of original material the exclusive right to further use and
duplicate that material for a given amount of time, at which point the copyrighted item
becomes public domain.
DESIGN

• The Designs Act, 2000 ("the Act"), is a complete code in itself and protection under it is wholly statutory
in nature.
• It protects the visual design of objects that are not purely utilitarian. Section 2(d) of the Act, defines a
Design as: "design" means only the features of shape, configuration, pattern, ornament or composition
of lines or colours applied to any article whether in two dimensional or three dimensional or in both
forms, by any industrial process or means, whether manual, mechanical or chemical, separate or
combined, which in the finished article appeal to and are judged solely by the eye; but does not include
any mode or principle of construction or anything which is in substance a mere mechanical device, and
does not include any trademark as defined in clause (v) of sub-section (1) of section 2 of the Trade and
Merchandise Marks Act, 1958 (43 of 1958) or property mark as defined in section 479 of the Indian
Penal Code (45 of1860) or any artistic work as defined in clause (c) of...
TRADEMARK
• A trademark is a unique symbol or word (s) used to represent a business or its products.
• Once registered, that same symbol or series of words cannot be used by any other organization,
forever, as long as it remains in use and proper paperwork and fees are paid.
• Trademarks not only help distinguish products within the legal and business systems—but just as
significantly—with consumers.
• They are used to identify and protect words and design elements that identify the source, owner, or
developer of a product or service.
• Tread marks can be corporate logos, slogans, bands, or the brand name of a product.
• A “Trademark” is defined under Section 2(zb) of the Indian Trademarks Act, 1999 as “mark capable of
being represented graphically and which is capable of distinguishing the goods or services of one person
from those of others and may include a shape of goods, their packaging, and combination of colors.”.
• A trademark exclusively identifies a product as belonging to a specific company and recognizes the
company's ownership of the brand.
• Trademarks are generally considered a form of intellectual property and may or may not be registered.