UNIT- V

Intellectual property (IP)

Intellectual property (IP) is a term referring to creation of the
intellect (the term used in studies of the human mind) for which
a monopoly is assigned to designated owners by law.

In some foreign countries intellectual property rights is referred

to as industrial property, copyright, patent and trademarks,
trade secrets all these cover music, literature and other artistic
works, discoveries and inventions and words, phrases, symbols
and designs.
Intellectual Property Rights are themselves a form of property
called intangible property
Types of Intellectual Property

The term intellectual property is usually thought

of as comprising four separate legal fields:
1. Trademarks
2. Copyrights
3. Patents
4. Trade secrets
• Trademarks and Service Marks: A trademark or service mark is
a word, name, symbol, or device used to indicate the source,
quality and ownership of a product or service.

• A trademark is used in the marketing is recognizable sign, design

or expression which identifies products or service of a particular
source from those of others.

• The trademark owner can be an individual, business

organization, or any legal entity.

• A trademark may be located on a package, a label, a voucher or

on the product itself.
• Definition of Trademark:
• The modern definition of trademark is that “it is a word, name, symbol, or
device or a combination thereof, used by a person [including a business
entity], or which a person has a bonafide intention to use, to identify and
distinguish his or her goods from those manufactured by others and to
indicate the source of those goods.”

• TYPES OF MARKS
There are four different types of marks. They are:
1. Trademark
2. Service mark
3. Certification mark and Collective mark
• Copyrights: Copyright is a form of protection provided by U.S. law to the
authors of "original works of authorship" fixed in any tangible medium of
expression.
• The manner and medium of fixation are virtually unlimited.
• Creative expression may be captured in words, numbers, notes, sounds,
pictures, or any other graphic or symbolic media.
• The subject matter of copyright is extremely broad, including literary,
dramatic, musical, artistic, audio visual, and architectural works.
• Copyright protection is available to both published and unpublished works.

Definition
“The legal protection given to published works forbidding anyone but the author
from publishing or selling them. An author can transfer the copyright to another
person or corporation, such as a publishing company.”
What is a Copyright?
 Copyright is a form of protection provided by U.S. Law to the authors
of “Original Works of Authorship” fixed in any tangible medium of
expression.

 The manner and medium of fixation are virtually unlimited.

 Creative expression may be captured in words, number, notes, sounds,

pictures or any other graphic or symbolic media.

 The subject matter of copyright is extremely broad, including literary,

dramatic, musical, artistic, audio visual and architectural works.

 Copyright protection is available for both published and unpublished

works.
• Patents: A patent for an invention is the grant of a property
right to the inventor, issued by the United States Patent and
Trademark Office.
• Generally, the term of a new patent is 20 years from the date on
which the application for the patent was filed in the United
States or, in special cases, from the date an earlier related
application was filed, subject to the payment of maintenance
fees.
• U.S. patent grants are effective only within the United States,
U.S. territories, and U.S. possessions. Under certain
circumstances, patent term extensions or adjustments may be
available.
 There are three types of patents

• Utility patents may be granted to anyone who invents

or discovers any new and useful process, machine,
article of manufacture, or composition of matter, or any
new and useful improvement thereof;
• Design patents may be granted to anyone who invents
a new, original, and ornamental design for an article of
manufacture; and
• Plant patents may be granted to anyone who invents or
discovers any distinct and new variety of plant.
• Trade Secrets: A trade secret consists of any valuable business
information.
• The business secrets are not to be known by the competitor.
• There is no limit to the type of information that can be protected
as trade secrets;
• For Example: Recipes, Marketing plans, financial projections,
and methods of conducting business can all constitute trade
secrets.
• There is no requirement that a trade secret be unique or
complex; thus, even something as simple and nontechnical as a
list of customers can qualify as a trade secret as long as it
affords its owner a competitive advantage and is not common
knowledge.
 THE INCREASING IMPORTANCE OF IPR
• Protecting Intellectual Property Rights
• Technology has led to increase awareness about the IP
• Some individuals and companies offer only knowledge. Thus,
computer consultant, advertising agencies, Internet companies,
and software implementers sell only brainpower.
• Domain names and moving images are also be protected
• More than fifty percent of U.S. exports now depend on some form
of intellectual property protection
• The rapidity with which information can be communicated
through the Internet has led to increasing challenges in the field of
intellectual property.
• The most valuable assets a company owns are its Intellectual
property assets
• Companies must act aggressively to protect these valuable assets
from infringement (breaching, violation of law) or misuse by
others
• The field of intellectual property law aims to protect the value of
such investments
 INDIAN COPYRIGHTS ACT 1957
• Copyright law protects expressions of ideas rather than the ideas
themselves. It protects original works of ownership. It gives an
exclusive right to do or authorize others to do certain acts in relation
to literary, dramatic, musical, and artistic works, cinematography and
sound recordings.
• The Copyright Act, 1957, along with the Copyright Rules, 1958, is the
governing law for copyright protection in India. After independence,
the Indian Copyright Act was the first law which was enacted from the
provisions of Berne Convention.
Objectives:
The Indian Copyright Act, 1957 is enacted with the following two main
objectives
Encouragement to the Original Work:
• The main objective of the Copyright Act is to encourage authors,
composers, artists, and designers to create original works by
rewarding them with the exclusive right for a limited period (usually
for the life of the originator plus 50 years) to exploit the work for
monetary gain.
 Protection to the Originator
• The objective of copyright law is also, in essence, to protect the
author or the creator of the original work from the unauthorized
reproduction or exploitation of his/her materials.
DEVELOPMENT OF COPYRIGHT LAWS IN INDIA
The Indian Copyright law was developed in 3 phases:
Early Phase: - In 1911, the earliest statutory law on copyright was made under
the administration of British rule. The provisions of the Berne convention were
followed. During that phase, the term of copyright was for the lifetime of the
author plus 7 years after his death and the government could grant compulsory
license to publish a book.

Modern Phase: - Copyright Act of 1911 was again amended in 1914 and it was
also called modern copyright legislation. For the very first time criminal
sanction was introduced in act for infringement of copyright. The term of the
copyright was fixed for 10 years from the date of its first publication. This act
remained applicable until replaced by Copyright Act, 1957
• 1957 Phase: - The Act was enacted after the
independence of the nation from British rule. It was the
first enactment of intellectual property laws. It came
into force on 21st January 1958. Major provisions of
act were adopted by the Berne convention of protection
of literary and artistic work, 1886.
• This act is amended 6 times till now to align with rapid
changes in society and provisions of international
treaties.
 INDIAN PATENT ACT 1970
A patent is a right granted by the government to the
inventor to exclude others to use, make and sell an
invention may be a specific period of time. A patent is
additionally available for improvement in their previous
Invention.
The main motto to enact jurisprudence is to encourage
inventors to contribute more in their field by awarding
them exclusive rights for his or her inventions.

In modern terms, the patent is typically mentioned

because the right granted to an inventor for his Invention
of any new, useful, non-obvious process, the machine,
article of manufacture, or composition of matter
There are three basic tests for any inventions to be
patentable.

The invention must be Noble.

The invention must be non-obvious
The invention must be useful in bona fide manner.

TRADEMARK ACT 1999

Trademark rights in India are statutorily protected by the
Trademark Act, 1999 and also under the common law remedy of passing
off. The administration of such protection under the Act is done by the
Controller General of Patents, Designs and Trademarks. The Trademark
Act, 1999 deals with the protection, registration and prevention of
fraudulent use of trademarks. It also deals with the rights of the holder of
the trademark, penalties for infringement, remedies for the damaged as
well as modes of transference of the trademark