Introduction To IPR

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Definition
Intellectual property (IP) is the name given
to property arising out of human
intellectual effort.

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The output of human
intellectual effort often
manifests itself as new
or original knowledge
or creative expression
which adds a desirable
quality to a marketable
product or service.
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Various elements provide intellectual output
with attributes that, in one way or another,
enhance the quality of life.

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These elements may be called
► human endeavour,

► ingenuity,

► creativity,

► inventiveness,

► flash of inspiration,

► sudden insight, or

► new insight into observed facts.


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► These Elements may involve in

■ solving a technical problem in making

something with more desirable functional


qualities, or
■ result in creating something
aesthetically pleasing, to satisfy a human
need or want, be it sensory, social,
cultural, mental, spiritual or religious.
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Intellectual property refers to creations of the
mind:
► Inventions,

► literary,

► Artistic works,

► Designs used in commerce,

► Symbols,

► Names,
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Characteristics of IP
► A key characteristic of any property is that

the owner of property has the exclusive


authority to determine how that property is
used.

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Intellectual Property
Physical Property
(Intangible or
(Tangible or Material)
Immaterial)

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Intellectual Property
Physical Property
(Intangible or
(Tangible or Material)
Immaterial)

In both the
case the
owner has
exclusive
right to
determine
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how it is 10
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Intellectual Property
Physical Property
(Intangible or
(Tangible or Material)
Immaterial)

Can only be used Can be used by


by one or a various people at
limited number of the same time
people at a given (including the
time. owner or creator).

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Intellectual Property
Physical Property
(Intangible or
(Tangible or Material)
Immaterial)
Has economic Has economic
value as long as it value only for the
exists or as long duration specified
as there is in the laws and as
demand for it. long as there is
demand for it.

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Intellectual Property
Physical Property
(Intangible or
(Tangible or Material)
Immaterial)
Possibility of theft Greater possibility
and disputes of theft and
concerning disputes concerning
ownership is rather ownership.
limited.

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Intellectual Property
Physical Property
(Intangible or
(Tangible or Material)
Immaterial)

Theft occurs only Theft occurs if the


if the possession property is copied,
of the property imitated, adapted,
changes hands. translated, used,
displayed, etc.
without permission
of the owner or
creator.

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Intellectual Property
Physical Property
(Intangible or
(Tangible or Material)
Immaterial)

In both the
cases
Expenditure
or income
from the
property may
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Intellectual Property
Physical Property
(Intangible or
(Tangible or Material)
Immaterial)

Both the
properties
May be
valued and
reflected on
account
books and
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Intellectual Property
Physical Property
(Intangible or
(Tangible or Material)
Immaterial)

Both the
properties
May be
securitized
and used as
collateral for
borrowing
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Intellectual Property
Physical Property
(Intangible or
(Tangible or Material)
Immaterial)

Both the
properties
May be
insured.

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Intellectual Property

Industrial Property Copyright

Patents Literary Works

Trade Mark Artistic Works

Industrial Designs

Trade Secrets

Geographic Indications
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Patents
A patent is an exclusive right granted for an
invention, which is a product or a process
that provides a new and non-obvious way of
doing something, or offers a new and non-
obvious technical solution to a problem.

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Trade Mark

A trademark is a sign or any combination of


signs, capable of distinguishing a product or
service from other products or services on
the market.

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Industrial Designs
An industrial design (or simply a design) is
the appearance of the whole or part of a
product resulting from features of, in
particular, the lines, contours, colours,
shape, texture and/or materials of the
product itself and/or its ornamentation.

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Trade Secrets
Trade secrets or confidential business
information are any information that can be
used in the operation of a business and that is
sufficiently valuable and secret to afford
economic advantage over others.

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Geographic Indications
A geographical indication is a sign used on
goods that have a specific geographical
origin and possess qualities or reputation
that are due to their place of origin.

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Copyright

ion
Copyright describes a bundle
of rights given to creators in
relation to their literary and
artistic works. It protects
items such as paintings,
drawings, sculptures,
photographs, architecture,
instruction manuals,
software, databases,
technical documentation,
advertisements, maps,
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One Product, Many IP Rights

A single product may be protected by a


variety of different IP rights e.g. CD Player.

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CD Player

► The innovative technical features of the

product are protected by a series of


PATENTS.
► The embedded computer programme

controlling the operations are protected by


COPYRIGHTS.
► The aesthetic design of CD Player can be
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CD Player
► The Brand used to market it can be

protected as a TRADEMARK.
► In addition, the manufacturers probably

hold a numbers of TRADE SECRETS ranging


from their customer list to some of
manufacturing processes or to other
confidential information that they would not
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CD Player
► In addition, the inventors of CD chose to

grant the authorization (or LICENCE) to a


number of companies to use the CD
technology in exchange of Payment, thus
acquiring additional income from the
LICENCE.
► The inventors of innovative products can
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