IPR

&
BENEFITS OF SECURING IPR

Speaker:
Dr Manju Nehara
Assistant professor
Department of Animal Breeding & Genetics,
CVAS, RAJUVAS, Bikaner
 Intellectual property
Creation of human mind
(Intellect)
Inventions, literary work,
artistic works, designs,
symbols, names and images
used in commerce.
Intangible property
 Intellectual Property Rights
These are the rights given to persons over the
creations of their minds.

Intellectual Property rights as a collective term

includes patents, copyright, trademarks, trade
secrets and geographical indications
 Music played on the CD
Industrial design protection for player is protected by
3D shape copyright

Various technical
parts &
Brand name- registered mechanisms are
under trademark subject matter of
CD PLAYER protection under
Patents
 Patent
A patent is a set of exclusive rights granted
by a state or national government to an
inventor or assignee for a limited period of
time
 What can be patented
Inventions in all fields of technology, whether
products or processes, if they meet the criteria
of
Novelty
Inventive step
Industrial application (utility)
 Benefits of patents
A patent gives the inventor the right to stop others
from manufacturing, copying, selling or importing
the patented goods without permission of the
patent holder.

The patent holder has exclusive commercial rights

to use the invention.

The patent holder can license the patent. Licensing

provides revenue to business by collecting royalties
from the users.
cont..

Patents helps to creates bigger and better

discoveries

The patent provides protection for a

predetermined period (20 years).

Patent rights are usually enforced in courts that

hold the authority to stop patent infringement.
 Copyright
It is an exclusive right given by law for a
certain term to an author, composer (or his
assignee) to print, publish and sell copies of his
original work.

The Copyright Act, 1957 protects original

literary, dramatic, musical and artistic works and
cinematograph films and sound recordings from
unauthorized uses.
 An artistic work includes
1- A painting, a sculpture, a drawing (including a diagram,
map, chart or plan), an photograph.
2- A work of architecture.
Literary Works

Novels, poems, short stories

Books on any subject
Computer programmes, computer databases
Song lyrics
Computer Software
Programme Manuals
Magnetic Tapes/Discs
Computer programmes
Punched Cards
Computer printouts
 Musical work

"Musical work" means a work consisting of

music and includes any graphical notation.
It does not include any words or any action
intended to be sung, spoken or performed with
the music.
Sound recording
"Sound recording" means a recording of sounds
from which sounds may be produced regardless
of the medium on which such recording is made
or the method by which the sounds are produced.
Cinematograph film
"Cinematograph film" means any work of visual recording on any
medium produced through a process from which a moving image
may be produced by any means and includes a sound recording
accompanying such visual recording.
Government work
work which is made or published by or under the direction or
control of the government or any department of the government
Although Government works are copyrighted, the reproduction or
publication of following works not copy protected.
Act of a Legislature
Report of a committee, commission, council, board or other like
body appointed by the Government.
Judgement or order of a court, tribunal or other judicial authority.
Copyright for the Biotech industry
Work in the biotech industry involving copyrightable
subject matter are-
Modification of genes of plants, animals
Manufacture of vaccines
 Copyright Act in India
First copyright Act made in 1914, which was the
extension of the British Copyright Act, 1911.
The Copyright Act, 1957 came into effect from 21
January 1958.
This Act has been amended Six times since then, i.e., in
1983, 1984, 1992, 1994 and 1999, 2012 with the
amendment of 2012 being the most substantial.
In India, the Copyright Act, 1957 is compliant with
these international conventions and treaties-
Berne Convention of 1886
Universal Copyright Convention of 1951
Agreement on Trade Related Aspects of Intellectual
Property Rights (TRIPS)
Procedure for Filling Copyright Application
Terms of copy right
Literary
Dramatic
lifetime of the author plus 60 years.
Musical and
Artistic work

60 years from the beginning of the

Cinematograph films
calendar year next following the year
Government work in which the work is first published

25 years from the beginning of the

Broadcast right year next following year in which
broadcast is made

50 years from the beginning of the

Performers right year next following year in which
broadcast and performance is made

When term of Copyright expires, the work may be copied without permission
of the copyright owner but not published as own work.
 Benefits of Copyright

Without copyright protection, it would be easy

for others to exploit these works without
paying any royalties. Copyright therefore
encourages and creates a favorable climate to
stimulate economic activity.

Copyright protection provides benefits in the

form of economic rights to creators to use their
material in a number of ways such as making
copies, performing in public, broadcasting etc.
 Trademarks
A symbol, logo, word, sound, color, design,
sometimes gesture, smell and 3 D that are
used to identify a business or a product in
commerce.
Registered trademark

Intent to use application filed for product

SM Intent to use application filed for services

 Trademarks & Service Marks

Trademark word, phrase, symbol, or design

Service mark same as trademark, but for a

service
Service Mark Examples
 Types of trademark

Letter mark
Symbol mark
Label
Color combination
Numerals
Shape of goods
Packaging
New kind of trademark like sound, gesture, smell, 3 D
Letter mark
 Symbol mark

It may take logos

Logo : visual depiction of a manufacturer/company
gives identity
Ex :
Label
 Color combination

NBC's peacock style design

 Numerals
Combination of numerals
Ex;555-successful brand in cigarettes
Shape of goods
 Packaging

Package can be a case, box container, covering

folder, capsule ,cap, lid and stopper
Ex-pouch created for tooth paste ,cream
New Kinds of Trademarks
Sound

Gesture
Smell

3-dimensional
 Sound
NOKIA - Mobile phones; wireless etc. - guitar
musical note
 3-D

Toblerone, the legendary triangular chocolate with honey

and almond nougat.
Head office- Mumbai

Term & renewal of TM

initial registration is for 10 years
renewal further after every 10 year
renewal within 6 month from the date of
expiry
Benefits of Trademarks

It have the exclusive right to use registered

trade mark as a brand name for the goods
and services and give stronger position to
stop other people from using that trade mark.

Registering a trademark grants the

trademark owner the right to recover from
damages and fees of their trademark lawyer
from an infringer.

Registering a trademark gives the trademark

owner an automatic right to sue in court.
 Trade secrets

Trade secret is a formula, process, device, or other

business information that is kept confidential to
maintain an advantage over competitors. It is an
information that
Have economic value, and
Have reason to maintain its secrecy
Examples of Potential Trade Secrets
a formula for a sports drink
survey methods used by professional pollsters
recipes
a new invention for which a patent application
has not yet been filed
marketing strategies
manufacturing techniques
computer algorithms
Famous Trade Secrets

Formula for Coca- The Big Mac Special Sauce

Cola

KFC Chicken Recipe

Potential trade secrets

Technical and scientific information

Financial, legal and HR information

Commercial information
Technical and Scientific Information
product information
technical composition of a product (medicine,
paint, recipe for a sauce), data about product
performance, product design information
manufacture information
manufacturing methods and processes
(weaving technique, device process),
production costs, refinery processes, raw
materials, machinery
know-how necessary to perform a particular
operation
Financial, Legal and HR Information

Pricing information

Salary and compensation plans

Employee evaluation
Commercial Information

customer list
business strategies/plans
marketing strategy/research
customer buying preferences and
requirements
consumer profiles
sales methods
What is required to maintain a trade secret?

Secrecy
REASONABLE-MEASURES-FOR-
SECRECY REQUIREMENT

TYPICAL:
EMPLOYEE AGREEMENTS
MARKING DOCUMENTS AND DRAWINGS
CONFIDENTIAL
CIRCULATING WRITTEN POLICY
POSTING WRITTEN POLICY
cont.
No registration (costs/time factor)
Duration is not limited to specified period of time
No disclosure
Wider information
Difficult to enforce
No protection against independent discovery
Ways to Protect Trade Secrets

Restrict access to the information (lock it away in a

secure place, such as a bank vault)
Limit the number of people who know the
information
Have the people who know the trade secret agree in
writing not to disclose the information (sign non-
disclosure agreements)
Have anyone that comes in contact with the trade
secret, directly or indirectly, sign non-disclosure
agreements
Mark any written material pertaining to the trade
secret as proprietary
Develop a trade secret protection policy

HR policy
Restrict access
Confidential
Human Resource Policy

Awareness creation/strong enforcement of

breaches
Confidential agreements
Staff manual
Non compete agreements
Restrict Access
Documents under lock and key
password protection
Disclosure on a need to knowbasis
Registration at reception/visitor logs
Use keep out authorized personnel onlysigns
Access controlled photocopiers, scanners,
computers.
Nothing on the internet
 Confidential

This document contains confidential and

proprietary information of [COMPANY] and
is protected by copyright, trade secret and
other national laws. Its receipt or possession
does not convey any rights to reproduce,
disclose its contents, or to manufacture, use or
sell anything it may describe. Reproduction,
disclosure, or use without specific written
authorization of [COMPANY] is strictly
forbidden
Advantages of Trade Secret Protection
Unlimited duration -trade secrets could
potentially last longer than patents (20 years)
and copyrights
Your protection is theoretically worldwide
No application required
No registration costs
No public disclosure or registration with
government agency
Effective immediately
 Geographical Indication

A geographical indication is a sign used on goods that

have a specific geographical origin and possess
qualities, a reputation or characteristics that are
essentially attributable to that place of origin.

Most commonly, a geographical indication includes the

name of the place of origin of the goods. For example,
agricultural products typically have qualities that derive
from their place of production and are influenced by
specific local factors, such as climate and soil.
 Classification
Agricultural products
BIKANERI BHUJIA
DARJEELING TEA etc.
Handicrafts
KOTA SARI
BLUE POTTERY OF JAIPUR
Manufactured
MYSORE AGARBATHI
Foodstuffs
TIRUPATHI LADDU etc.
% OF GI REGISTERD PRODUCTS IN
INDIA
 PRODUTS IN INDIA WITH GIs

BIKANERI DARJEELING TEA

KOTA SARI CHAMBA RUMAL (HP)
BHUJIA

JAIPUR BLUE POTTERY AGRA PETHA KASHMIR APPLE

..
HOW TO PROTECT GI ?

The protection of GI under article 1(2) & 10 of

PARIS CONVENTION.

They are also covered under articles 22 to 24 of

TRIPS (Trade-Related aspects of Intellectual
Property Rights).

In INDIA the GIs of goods (Registration &

protection) Act, 1999 came in the force with effect
from 15 sept.2003.
 Benefits of geographical indication
When a product is given GI status, its price
increases in international market (because
consumers prefer such exotic items)
It boosts exports.
It can boost tourism.
leads to sustainable Development.
Prevents unauthorised use of a Registered
Geographical Indication by others.
It promotes economic position of producers of
goods produced in a geographical territory.
 Industrial designs

An industrial design can be a two-

or three-dimensional pattern used
to produce a product, industrial
commodity or handicraft.
 Industrial-designs
Industrial designs help in making any product or
item to increasing commercial viability and
increases its market potentiality.
The industrial design registration helps in
safeguarding the important elements of the
article.
it gives an rights to owner against unauthorized
use like copying or imitation by third party
without his consent. This facilitate fair flow of
investment.
Industrial designs help in the overall economic
development which promote creativity in the
industrial arena.
Indian offices for Patent, TM, GI and PIS
 Maintenance
What can be Duration and When to
Type of IP fee required
protected Region apply
or not

Technical 20 years of Annual fee Before

enhancement protection in for 20 years launching
which is novel, filing product in
Patent unique & country market
useful

Literary work, Worldwide No fee Can apply at

Books, film, protection required time
music & for the
Copyright Photography lifetime of
the creator
plus 50 years
 Maintenance
What can be Duration and When to
Type of IP fee required
protected Region apply
or not
Any name, 10 years of Fee required Can be
symbol, protection in every 10 applied
phrase, mark filing years for before or
and word country can renewal next after
Trademark etc. to be renewed 10 years launching
describe any every 10 into market
good or years
service

Any secret Worldwide

technique, protection
Know how until it is a
Trade & process secret
Secrets Which has
advantage in
business
 Patents
The economic benefits of the patent system are derived from its roles in
promoting innovation, and encouraging investment, economic growth,
knowledge sharing and the efficient use of resources

Patents promote innovation through the grant of limited monopolies, as

a reward to inventors for the time, effort and ingenuity invested in
creating new products and processes

The potential for financial returns adds an extra incentive for the
innovators.

Patents stimulate the growth of national industry because local

companies that hold patents can attract overseas investment

Innovation benefits the community by creating new and improved goods

and services that meet social needs. For example, innovations in
veterinary research may produce new diagnostic tests or treatments,
which improve herd health.
 Patents contd.
Possessing a patent may help a company to grow by capitalising on the
market potential of its inventions. Small companies may use patents to
attract financial backing

By providing a system for trading knowledge internationally through licence

agreements. The grant of licences to international companies to exploit
locally developed inventions provides returns to inventors and access to
foreign markets.

Patents promote knowledge sharing by requiring the details of the patented

invention to be placed in the public domain in return for the exclusive right to
exploit the invention. In the absence of this exchange, inventors might
protect the details of new inventions through secrecy

By encouraging knowledge sharing, patents reduce the duplication of

research effort and encourage researchers to build on existing inventions
 Top patent holders in India
The list of top 10 patents holders in India comprises only pharmaceutical and
bio-tech companies.
In India, 184 patents are held by the Council of Scientific and Industrial
Research, followed by Ranbaxy
While the top 10 patents holders across the world are IT companies, in India,
no IT firm has patents.
 Copyrights
Applies to literary and artistic works.

Protecting such materials from abuse, misuse and/or piracy may be critical
to prevent erosion of a competitive advantage.

Denoted by the symbol

Copyright enables authors or artists to support themselves from their works.

It gives entrepreneurs the opportunity to generate profits to reinvest in

tomorrows creations and their
distribution.
 Benefits of Securing Copyright
Increased investment causes increased flow of money into that field, leading to
production of more work at an affordable price, giving consumers more options.

Copyright allows the creator or owner of rights to control the use of their
copyrighted work in the marketplace by granting them economic and moral rights
over the work.

Economic rights accord control over copying or reproduction and other uses,
such as rental of computer programs and films; distribution of copies to the
public etc.

Moral rights preserve the link between the author and the work, which includes
the right to be named as the author, and the right to object to any distortion,
mutilation or other modification that may affect the honor or reputation of the
author
 Trademarks
Registering a trademark protects a company's name or logo, which is often a
company's most valuable asset;

Registering a trademark decreases the likelihood of another party claiming that

your trademark infringes upon their trademark;

Registering a trademark provides official notice to others that a trademark is

already taken; consequently, a company that later adopts a confusingly similar
trademark can not claim ignorance of the mark;

Registering a trademark deters others from using your trademark

Trademarks
 Trademark contd.

By registering a trademark the trademark owner obtains the right to put a

symbol

alerting others to your registration and preventing the defense of innocent

infringement;

Registering a trademark provides the trademark owner with greater

remedies

Registering a trademark increases the likelihood of the successful filing of a

dispute resolution
 Trade Secrets
Trade secrets may concern inventions or manufacturing processes that do
not meet the patentability criteria and therefore can only be protected as
trade secrets. Ex. Consumer lists, survey results.

Secured through Non Disclosure Agreements.

Trade secret protection has the advantage of not being limited in time
(patents last in general for up to 20 years). It may therefore continue
indefinitely as long as the secret is not revealed to the public.

Trade secrets involve no registration costs.

 Trade Secrets Contd.
Trade secret protection does not require compliance with formalities such as
disclosure of the information to a Government authority.

Employees in the breach of NDA penalized financially .

 Industrial Designs
An industrial design constitutes the ornamental or aesthetic aspect of an
article.

An industrial design may consist of three dimensional features, such as the

shape of an article, or two dimensional features, such as patterns, lines or
color.

Industrial designs are what makes a product attractive and appealing; hence,
they add to the commercial value of a product and increase its marketability.

When an industrial design is protected, this helps to ensure a fair return on

investment.

Protecting industrial designs helps economic development, by encouraging

creativity in the industrial and manufacturing sectors and contributes to the
expansion of commercial activities and the export of national products .
B) IP FOR SOCIO-ECONOMIC
GROWTH
 'GI' SOCIO ECONOMIC TOOL

GI have been said to be

the Sleeping Beauty of
the intellectual property
world.

Developing countries
have jumped on the
wagon of the GI, by
associating products with
their places of origin and
developing external
markets for some of
these local products.
 Handicrafts hold the top most
position followed by agricultural and
manufactured products.

CASE STUDY: BENARAS SILK

Unavailability of skilled weavers and

quality raw material

Chinese imitation saris, giant

increase in the number of operating
power looms, complex market
dynamics, etc.presence of all these
cannot give any guarantee of
authenticity and quality
In the G8 countries,
copyright-based
industries and
interdependent sectors
alone account for
approximately 4-11% of
Gross Domestic
Production
 Copyright-related industries
generate substantial GDP
and employment
contributions and export
opportunities in developing
countries: 6% of GDP and 3-
11% of employment in
fourteen countries/regions
studied.
 Challenges to IPR
Global medium (Internet) & territorial laws
Digitization
IP ideally suited to digitization
Intangibles, perfect, instant, infinite copies
globally distributed, transient, changeable
worldwide piracy as bandwidth increases, in music,
software and film industries
870 million infringing copyright music files online
(Jan 2005)
90% of files shared over P2P are unauthorized
400,000 - 600,000 illegal film downloads per day
RIAA commenced over 13,000 individual law suits
against alleged illegal file-sharers
 SO GET IT PROTECTED

COMPARITIVE ANALYSIS OF PROS AND CONS

 FREE OF IPRs

No action taken to legally protect ideas or invention.

Advantages
No legal concerns/fees. Can change and
develop the idea freely.

Potential to maintain competitiveness simply

by being the first into the market.

Some markets move so fast that IP is simply not

worth the wait or the expense
 Disadvantages
1) Ownership

Defining what is and what isn't intellectual property has

proven to be a tricky business.

Unlike traditional property, where the ownership of a

physical thing could be clear, who owns the right to an idea
can be very hard to decide.

It is in the nature of intellectual products that they are

constantly evolving and borrowing from each other. Sorting
out who owns what is difficult.
2) "Information Wants To Be Free"

intellectual products naturally seek out the widest

possible audience and diffusion.

Thus, unsuccessful attempts to stop pirating, it is very

difficult to stop consumers from taking intellectual
property if there is a very high demand.
3) Nonzero-Sum

Unlike physical objects, there is no limit to how many

people can hold a single piece of intellectual property.

A nonzero-sum economy where growth is unlimited and

there is no trade-off between some owning something
and others owning nothing.
4) Payment of Creators
The only way the creators of intellectual goods can
maintain a living is through the continued existence of
intellectual property rights.

As intellectual property rights decrease so will the quality

of creative goods as the creators themselves will have
much less incentive to continue to devote their time and
energy to their intellectual work.
 Copyright
Comes into effect immediately something that can be
protected is created and fixed insomeway e.g. on paper,
on film, via sound recording, as an electronic record on
the internet, etc
Advantages:
No official registration required. Comes into effect
immediately. No cost to marking something as copyright.
Disadvantages:
Does not protect ideas, only the way in which the idea is
expressed.
You have responsibility for legally asserting copyright if
you feel it is infringed. Involves legal costs and proving
infringement.
 Patent

Granted by a government, a patent is the right for a

limited period to stop others making, using or selling an
invention without permission.

Advantages:
A patent gives the legal right to stop others using your
invention. Its existence may be enough to deter
competitors Buys time (20 years) in which an inventor
can develop a market to the product or process.

Attractive to investors as it limits competition.

 Disadvantages:
Takes time and money to establish a patent. All patents
have to be researched to ensure there are no existing
patents of a similar nature involves legal fees Not
possible to guarantee that a patent.

Once grant is valid, it can be legally challenged and

revoked with no refunds It is still up to the inventor to
protect a patent if they can identify an infringement the
patent office dont take sides.

Granting a patent is no indication that the invention has any

merit or commercial value Some products and process can
be varied slightly to get around the exact wording of
Patents.
 Trade Marks

Advantage:
Legally prevents others taking advantage of customer
good will generated by your business by trading under
your name (or something very similar).

Disadvantages:
Having a registered trade mark does not entitle you to
the related internet domain names. The degree to which
similar (not identical) trademarks infringe upon your
business is a matter for debate in civil action with related
cost.
 Registered Design
Monopoly right for the appearance and cannot be the
same as any design already available and must have
individual characters.
Advantages:
Can be combined with legal protection from copy right
and design rights Protect genuine design innovation for
up to 25 year.
Disadvantages:
Cannot be applied to designs that concern how a
product works or which are not visible in normal use
ascetics only Easily subverted by slight amendments to
the basic design
 Registration procedure
filling of application with or without priority
examination report
filling of reply
accepted hearing
6 month
publication in journals
refused
4 month
wait for opposition 2month reply of
notice/hearing
opposition disclose
REGISTRATION OF TRADEMARKS
THANK YOU