RESEARCH METHODOLOGY
AND IPR -22RMK55
Presented by: Dr. Santosh Kumar B
NHCE,Bangalore
1
Definition of Intellectual Property Rights (IPR):
Legal rights granted to creators/owners of intellectual property (IP)
to control the use of their creations.
Types of IP:
Includes inventions, literary and artistic works, designs, symbols, names,
and images.
Purpose of IPR:
To provide creators exclusive control, recognition, and financial benefits
from their creations.
Role of IPR: Promotes creativity, innovation, and economic growth.
2
Significance of Intellectual Property Rights (IPR)
Encouragement of Innovation
Economic Growth
Legal Protection for Creators
Fair Competition
3
Challenges in Intellectual Property Rights
Piracy and Counterfeiting
High Costs
Global Enforcement
Balancing Public and Private Interests
4
Introduction to Intellectual Property Rights (IPR)
Intellectual Property Rights (IPR) refer to legal protections for
creations of the mind.
IPRs allow creators to control the use, distribution, and sale of
their inventions, designs, and works of art.
These rights encourage innovation, creativity, and economic
growth.
5
Types of Intellectual Property Rights
Patents
Copyrights
Trademarks
Trade Secrets
Industrial Designs
Geographical Indications
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i. Patents
Patents provide exclusive rights to inventors for new,
non-obvious, and useful inventions.
Typically 20 years from the filing date.
7
Types of Patents
Utility Patents
Design Patents
Plant Patents
8
Significance of Patents
Encourages R&D
Protection
Promotes Advancement
9
Trademark
What is a Trademark?
A trademark is a distinctive sign, symbol, logo, word, or
phrase that identifies and distinguishes products or services.
Trademarks build brand recognition and protect a brand's goodwill.
Trademarks can include:
Brand names
Slogans
Logos
Colors
Sounds
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Types of Trademarks
Word Marks
Design Marks
Sound Marks
Service Marks
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Significance of Trademarks
Protect a company’s brand identity and reputation.
Help consumers identify the source of goods and
services.
Prevent competitors from using confusingly similar
signs.
12
Copyright
What is Copyright?
Copyright protects original works of authorship from
being reproduced, distributed, or performed without
permission.
Protection arises automatically when an original work is
fixed in a tangible medium (e.g., books, software,
films).
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Types of Works Protected by Copyright
Literary Works
Artistic Works
Audio-visual Works
14
Significance of Copyright
Protects the creator's rights to reproduce, distribute,
perform, and display their work.
Encourages creativity and cultural development by
enabling creators to benefit from their work.
Prevents plagiarism and unauthorized use of creative
works. 15
Trade Secret
What is a Trade Secret?
A trade secret is confidential information that gives a
business a competitive edge.
Unlike patents, trade secrets do not require registration
and can be protected indefinitely as long as confidentiality
is maintained.
Examples include formulas, processes, and business
strategies. 16
Types of Trade Secrets
Formulas
Processes
Business Strategies
17
Significance of Trade Secrets
Protect valuable business information without public
disclosure.
Provide long-term protection as long as secrecy is
maintained.
Encourage innovation and development of unique
processes to promote competition. 18
Design Rights
What are Design Rights?
Design rights protect the unique appearance of a
product, focusing on its aesthetic qualities (shape,
pattern, configuration, ornamentation).
Unlike patents, which protect functionality, design rights
emphasize visual design.
Provide exclusive rights to prevent others from copying
the design. 19
Types of Design Rights
Registered Designs
Unregistered Designs
20
Significance of Design Rights
Encourage innovation in product design by protecting
a company’s visual identity.
Help businesses differentiate their products in the
market place.
Provide legal recourse against competitors who copy or
imitate a product’s design. 21
Geographical Indications (GIs)
What are Geographical Indications (GIs)?
Geographical Indications are signs used on products
with a specific geographical origin.
They indicate qualities, reputation, or
characteristics that are unique to the region of
production.
Commonly used for agricultural products, wines,
spirits, and handicrafts. 22
Examples of Geographical Indications
Mysore Silk –India.
Channapatna Toys & Dolls – Wooden toys laced with vegetable dyes and safe for
children, India.
Kanchipuram Saree – Tamil Nadu, India.
Banganapalle Mango – GI in Andhra Pradesh, India.
Champagne – From the Champagne region of France.
Darjeeling Tea – From Darjeeling, India.
Parmesan Cheese – From Parma, Italy.
Phulkari Handicraft – Origin from Punjab, Haryana, Rajasthan,India.
Warli Painting – Maharashtra, Gujarat, Daman & Diu, India.
Malabar Robusta Coffee – Kerala & Karnataka, India.
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Significance of Geographical Indications
Protect the reputation and quality of regional
products.
Promote economic growth by giving legal
recognition to local products.
Prevent misrepresentation by ensuring only
products from the specified region can use the GI
label.
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IC Layout Design
Introduction to IC Layout Design
IC layout design refers to the three-
dimensional arrangement of electronic
components in an integrated circuit.
These layouts ensure optimal functionality
and performance of semiconductor devices.
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Importance of IC Layout Design
Critical for modern electronics
Facilitates innovation in the semiconductor
industry.
Provides the foundation for high-speed and
efficient circuit performance.
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Significance of IC Layout Design Rights
Encourages innovation by protecting R&D
investments.
Ensures market exclusivity, allowing
companies to reap benefits from their designs.
Provides legal recourse against infringement.
27
Challenges in Enforcing IC Layout Design Rights
Global protection complexity
Difficulty in detecting infringement due to the small
size of components.
Time-sensitive protection since semiconductor
technology evolves rapidly.
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Plant Breeder’s Rights (PBR)
Introduction to Plant Breeder’s Rights (PBR)
PBR is a form of intellectual property protection.
Grants breeders exclusive control over new
plant varieties they develop.
Rights include selling, reproducing, and
licensing the plant variety.
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Criteria for PBR Protection
Distinct
Uniform
Stable
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Significance of Plant Breeder’s Rights
Promotes agricultural innovation by protecting new
varieties.
Provides breeders with financial incentives to
develop improved crops.
Encourages breeders to focus on traits like higher
yield, pest resistance, and environmental 31
Impact on Biodiversity
PBR encourages the development of a wide variety of
plant species.
Contributes to biodiversity conservation by protecting
plant species across regions.
Helps in developing plants that adapt to changing
climates and environments.
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Global Relevance of PBR
International Union for the Protection of New
Varieties of Plants (UPOV) sets global
standards for PBR.
Many countries have adopted PBR legislation,
promoting agricultural innovation globally.
Provides breeders with cross-border protection
of their varieties. 33
Need for Intellectual Property Rights (IPR)
Encouragement of Innovation and Creativity
IPR and Economic Growth
Protection of Creative Works and Inventions
IPR and Promotion of Fair Competition
Global Trade and International Expansion
Attracting Investments and Funding
Protection of Consumer Interests
Preservation of Cultural Heritage
Ethical Considerations and Social Responsibility
Encouraging Entrepreneurial Activities
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Rationale for Protecting IPR
IPR offers exclusive rights to inventors, ensuring they benefit from
their creations.
Encourages further innovation and contributes to societal
development.
Protects the competitive edge of creators and fosters a thriving
innovation ecosystem.
35
Patents in India
Governed by Indian Patent Act (1970), amended in 2005.
Complies with the TRIPS Agreement (Trade-Related Aspects of Intellectual
Property Rights).
Indian Patent Office processes patent applications in various fields (e.g.,
mechanical, pharmaceutical).
International Patents
Patent Cooperation Treaty (PCT): Simplifies international patent filing.
Facilitates protection across multiple countries with a single application.
Each country has its own patent laws, but PCT harmonizes the process.
36
Trademarks in India
Governed by the Trade Marks Act, 1999.
Managed by the Indian Trademarks Registry.
Protection is granted for 10 years, renewable indefinitely with
continuous use.
International Trademarks
Madrid Protocol: Simplifies the process of obtaining trademark protection
across multiple countries.
Administered by the World Intellectual Property Organization (WIPO).
Single application covers multiple countries, streamlining international
protection.
37
Copyrights in India
Governed by the Copyright Act, 1957, amended to address
technological advances, including the digital age.
Covers literary works, musical compositions, computer
programs, films, and more.
International Copyrights
Berne Convention: Ensures automatic protection of copyrighted
works across member countries.
World Intellectual Property Organization (WIPO) Copyright
Treaty (WCT): Governs copyright law in the digital environment,
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ensuring international protection.
Industrial Designs in India
Governed by the Designs Act, 2000.
Protection granted for 10 years, extendable by 5 more years.
Managed by the Controller General of Patents, Designs, and
Trademarks.
International Industrial Design
Hague Agreement: Facilitates international registration of
industrial designs via a single application.
Administered by the World Intellectual Property Organization
(WIPO) for global protection.
39
Geographical Indications in India
Governed by the Geographical Indications of Goods (Registration and
Protection) Act, 1999.
Famous Indian GIs: Darjeeling Tea, Kanjeevaram Silk, Basmati Rice.
GI registration safeguards the identity of traditional products linked to
specific regions.
International Geographical Indications
Lisbon Agreement: Provides international protection for GIs, enabling
producers to register in multiple countries.
TRIPS Agreement: Establishes global minimum standards for GI protection.
40
Trade Secrets in India
No specific legislation, but protected through contract law and
NDAs.
Indian courts provide remedies for misappropriation or breach of
confidentiality.
International Trade Secrets
TRIPS Agreement: Sets global minimum standards for trade secret
protection.
Defend Trade Secrets Act (DTSA): U.S. law providing a
comprehensive legal framework for trade secret protection.
41
PVP in India
Governed by the Protection of Plant Varieties and Farmers’ Rights Act,
2001
Recognizes the rights of both breeders and farmers, ensuring a balance between
innovation and traditional knowledge.
India is a member of the International Union for the Protection of New
Varieties of Plants (UPOV), aligning its PVP laws with international standards
International PVP
The International Union for the Protection of New Varieties of Plants
(UPOV) provides an international framework for plant variety protection,
promoting uniformity and stability in PVP laws across member countries
42
Semiconductor Layout Designs in India
Governed by the Semiconductor Integrated Circuits Layout-
Design Act, 2000.
Provides 10 years of protection for registered designs.
International Protection
TRIPS Agreement: Requires member countries to offer protection
for integrated circuit layout designs.
Global framework ensures that layout designs are protected
internationally, promoting innovation in the tech industry.
43
Royalty:
Definition: A payment made to the owner (licensor) of
intellectual property (IP) by another party (licensee) for
the right to use, sell, or distribute the IP.
44
Key Points
Applicable to Various IP
License Agreement
Payment Structure
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Types of Royalties:
Patent Royalties
Trademark Royalties
Copyright Royalties
Mineral and Natural Resource Royalties
Software and Technology Royalties
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1.Patent Royalties
Definition: Payments made for the right to use an
invention protected by a patent.
Key Features
Monetization of Inventions
Revenue-Based Payment
Licensing Agreements
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2. Trademark Royalties
Definition: Payments made for the right to use a
trademark, including logos, symbols, or brand names.
Key Features
Brand Value
Franchising and Licensing
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3.Copyright Royalties
Definition: Payments made for the use of
creative works, including books, music, software,
and films.
Key Features
Reproduction Rights
Public Performance
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4. Mineral and Natural Resource Royalties
Definition: Payments made for the extraction and use
of natural resources such as oil, gas, coal, and
minerals.
Key Features
Natural Resource Ownership
Revenue-Based Payment
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5. Software and Technology Royalties
Definition: Payments made for the use or
distribution of software.
Key Features
Usage-Based Royalties
Custom Licensing
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Royalty Agreements
Royalty payments are defined in a license agreement or
royalty agreement, outlining the conditions under which the
licensee can use the intellectual property.
Key Components of a Royalty Agreement
Royalty Rate
Territory
Duration
Exclusivity
Payment Terms 52
Royalty Rates
Definition: The royalty rate is the percentage or fixed amount the licensee pays to
the licensor.
Variability: Rates vary based on intellectual property type, industry standards,
market conditions, and negotiation between parties.
Factors Influencing Royalty Rates
Market Demand
Scope of the License
Innovation Level
Risk and Investment
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Royalty in the International Context
Global Significance: In the globalized economy, royalties are vital for
international business. Companies often license their intellectual property to
businesses in different countries, maximizing IP value globally.
International Royalty Considerations
Tax Implications: Royalty payments may be subject to taxation based on
local laws in different countries.
Currency Exchange: Payments may need to be made in a specific currency,
with exchange rate fluctuations impacting payment value.
Regulatory Compliance: Companies must adhere to both domestic and
international regulations regarding royalty payments.
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Definition of Copyright Legal Right:
Grants creators exclusive control over their work's use,
distribution, reproduction, and display.
Duration:
Protection lasts for a specified period.
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Types of Works Covered by Copyright
Literary Works
Musical Compositions
Films and Audio visual Works
Software Programs and Databases
Artistic Works
Architectural Designs
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Importance of Copyright
Control and Profit
Legal Protection
Respecting Others' Rights
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Key Features of Copyright
Exclusive Rights
Automatic Protection
Duration
Moral Rights
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Protecting Software and Digital Works
Safeguarding Code and Algorithms: Copyright
protects original code, software structure, and
algorithms.
Licensing and Royalties: Software can be licensed to
others while retaining ownership.
Prevents Unauthorized Copying: Ensures the
original work is not reproduced without permission.
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Technical Documentation and Design
Copyright Protection Covers:
Blueprints
Technical Documentation
Design Files
Importance Across Fields: Critical in civil,
mechanical, and architectural engineering to prevent
misuse or copying.
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Research Papers and Publications
Retaining Control Over Publications
Proper Credit
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Avoiding Copyright Infringement
Awareness of Copyright Protections
Use of Licensed or Public Domain Works
Legal Risks of Infringement
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Types of Works Protected:
Technical Manuals
Blueprints and Diagrams
Software Code
Designs
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Copyright in India
Governed by the Copyright Act of 1957.
Amended multiple times to align with
technological advancements and international
standards.
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Protected Works under Indian Copyright Law
Literary, Dramatic, Musical, and Artistic Works.
Includes engineering-specific works such as:
Technical papers.
Software.
Architectural designs.
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Duration of Copyright in India
Protection lasts for the lifetime of the
author plus 60 years after their death.
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Key International Treaties
Berne Convention
TRIPS Agreement
WIPO Copyright Treaty
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Copyright Infringement Overview
Occurs when a copyrighted work is used without
the owner's permission.
Includes reproduction, distribution,
performance, or display of the work without
rights.
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Common Examples of Copyright Infringement
Copying software
Plagiarizing research
Unauthorized reproduction of designs
Sharing digital content
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Introduction to Copyright Licensing
Copyright owners can license their works, allowing
others to use them under specific conditions.
Types of Copyright Licenses
Exclusive License
Non-Exclusive License
Open Source Licenses
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Definition of a Trademark
A recognizable sign, design, or expression that
identifies the products or services of a particular
source.
Acts as a brand identifier for consumers.
Ensures distinctiveness in the marketplace.
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Importance of Trademarks
Protects brand identity and reputation.
Helps in building consumer trust and loyalty.
Prevents confusion in the marketplace by differentiating
products.
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Trademark Registration and Enforcement
Trademarks can be registered with national or
international authorities.
Registered trademarks provide stronger legal
protection.
Enforcement involves monitoring and preventing
unauthorized use. 73
Importance of Trademarks
Branding and Identity
Product Design and Marketing
Licensing and Royalties
Startup and Entrepreneurship
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Functions of a Trademark
Source Identifier
Brand Protection
Consumer Trust
Legal Protection
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Types of Trademarks
Product Trademarks
Service Trademarks
Collective Trademarks
Certification Trademarks
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The Process of Registering a Trademark
Conducting a Trademark Search
Filing a Trademark Application
Examination and Publication
Trademark Registration
Maintaining the Trademark
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Benefits of Trademark Registration
Legal protection against infringement.
Enhances brand recognition and market
presence.
Allows for licensing and monetization through
royalties.
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Trademarks in India
Trademarks are governed by the Trade Marks Act
of 1999, providing comprehensive protection.
Covers a wide range of goods and services.
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Key Features of Trademark Law in India
Exclusive Rights
Duration of Protection
Trademark Classes
Infringement and Remedies
80
Benefits of Trademarks
Build Brand Recognition
Prevent Copying
Expand Internationally
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Definition of a Patent
A patent is a legal right granted by a government to an
inventor, providing exclusive rights to make, use, sell, or
distribute the invention.
Typically lasts for 20 years from the filing date.
82
Types of Patents
Utility Patents
Design Patents
Plant Patents
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Importance of Patents
Protection of Innovations
Encouragement of Research and Development
Commercialization Opportunities
Attracting Investment
Market Exclusivity
84
The Patent Process
Idea Development
Patent Search
Patent Application
Examination
Approval and Grant
85
Patent Requirements
Novelty
Non-Obviousness
Utility
Full Disclosure
86
Patents in India
Governing Law
Patent Duration
Patentability Criteria
Application Process
Compulsory Licensing
87
Industrial Design
Features of shape, configuration, pattern, or color applied
to an article or product.
Focuses on the visual appeal rather than functional
characteristics.
Can be applied to various products: consumer goods,
machinery, packaging, etc.
88
Importance of Industrial Designs
Protection of Aesthetic Innovations
Market Differentiation
Encouragement of Innovation
Commercial Value
89
Criteria for Industrial Design Protection
Novelty
Originality
Non-Functional
Visual Appeal
90
The Process of Registering an Industrial Design
Design Development
Conduct a Design Search
Prepare and File an Application
Examination
Publication and Registration
91
Duration of Industrial Design Protection
India and Many Other Countries
Protection is valid for 10 years from the date of registration.
Can be renewed for an additional period, typically up to 15 years in
total.
United States
15-year protection for designs filed after May 13, 2015.
14-year protection for designs filed before May 13, 2015.
92
Industrial Designs in India
Governing Law
Registration Process
Duration of Protection
Provisions for Protection
93
Trade Secrets
Definition
Trade secrets refer to confidential business information that
provides a competitive edge.
Vital for businesses in various industries, including engineering.
Criteria for Trade Secrets
Is not generally known or reasonably ascertainable by others.
Provides economic value to its holder because it remains
secret.
Is subject to reasonable efforts to maintain its secrecy.
94
Trade Secrets
Common Examples
Formulas: (e.g., recipe for a soft drink)
Manufacturing processes
Customer lists
Marketing strategies
Software algorithms
95
Importance of Trade Secrets
Protection of Competitive Advantage
Cost-Effective Protection
Flexibility in Protection
Encouragement of Innovation
96
Maintaining Trade Secrets
Confidentiality Agreements
Access Controls
Employee Training
Physical Security
Documentation and Marking
97
Geographical Indications (GIs)
Definition
GIs are a form of intellectual property that identifies goods as originating
from a specific geographical area.
The qualities, reputation, or characteristics of the goods are attributable to
that location.
Significance
Particularly important in agriculture, food production, and
manufacturing.
Promote regional products and preserve cultural heritage.
98
Importance of Geographical Indications
Protection of Unique Products
Economic Benefits
Preservation of Cultural Heritage
Market Differentiation
99
1. Patents
Application:
Inventions: Protect new inventions, including processes, machines, and compositions
of matter.
Pharmaceuticals: Vital for protecting drug formulations, allowing recovery of R&D
costs.
Technology: Safeguard algorithms, software processes, and hardware innovations.
100
2. Copyrights
Application:
Creative Works: Protect literary works, music, art, films, and software.
Digital Media: Streaming services use copyrights to protect content from
unauthorized use.
Educational Materials: Textbooks and academic articles ensure authors receive
royalties.
101
3. Trademarks
Application:
Brand Protection: Protect brand names, logos, and slogans to build brand
identity and trust.
Franchising: Maintain quality control and consistency across franchise
locations.
E-commerce: Protect products from counterfeiting and ensure authenticity.
102
4. Industrial Designs
Application:
Consumer Products: Protect aesthetic aspects of furniture, appliances, and
fashion items.
Automotive Design: Differentiate vehicle aesthetics through industrial design
protection.
Packaging: Unique packaging designs enhance brand recognition and consumer
appeal.
103
5. Geographical Indications (GIs)
Application:
Agricultural Products: Protect wine, cheese, and coffee with qualities linked to
their geographical origin.
Cultural Heritage: Preserve traditional knowledge and practices of specific
regions.
Tourism: Promote tourism by highlighting local products and cultural heritage.
104
Examples of IPR in Practice
1. Patents
CRISPR Technology:
Patented for gene-editing applications in biotechnology,
revolutionizing genetics research.
Smartphones:
Various patents protect features like touchscreen
technology and camera innovations.
105
2. Copyrights
Music Industry:
Artists like Taylor Swift and Ed Sheeran use copyright to
protect their songs from unauthorized reproduction and
distribution.
Software:
Companies like Microsoft and Adobe protect their software
through copyright, ensuring users pay for licenses.
106
3. Trademarks
Coca-Cola:
The distinctive logo and bottle design are trademarked, contributing
to brand recognition worldwide.
Nike:
The "Swoosh" logo and "Just Do It" slogan are protected trademarks
that enhance brand identity.
107
4. Industrial Designs
Apple Products:
The unique design of Apple devices is protected,
contributing to the brand's aesthetic appeal and market
success.
108
5. Geographical Indications
Champagne:
Only sparkling wine produced in the Champagne region of France
can be labeled as such, ensuring quality and authenticity.
109