INTELLECTUAL PROPERTY AUTHOR: ALPANA TREHAN CHAPTER-12 © 2011, Dreamtech Press :: Chapter 12 1

IP Industrial Property PatentsTrademarkCopyright Trade Secrets Copyright CLASSIFICATION OF IP © 2011, Dreamtech Press :: Chapter 12 2

 A patent refers to an exclusive component of IP that is granted for new inventions.  It is granted to individuals, who discover machines, new processes, and technologies.  Types of patents in India:  Ordinary Applications  Convention Patent Applications  PCT International and National Application  Application of Addition  Divisional Applications PATENT © 2011, Dreamtech Press :: Chapter 12 3

 A trademark indicates any word, name, symbols, or device to identify the source or origin of a product or service.  The Trademarks Act, 1999has replaced the old Trade and Merchandise Marks Act  Legal requirements for trademark in India:  The mark should be presented in the form of paper (graphically)  It should be unique and separate from other trademarks and service features  It should be proposed to use in relation to goods and services only TRADEMARK © 2011, Dreamtech Press :: Chapter 12 4

 Copyright is a type of IP that grants rights to owners of innovative works related to arts, plays, music, lectures, software and photographs.  Copy right is denoted with the symbol of © and valid for lifetime of the author and minimum 50 years after the death of the owner.  Infringement of copyright:  Creation of duplicate copies for sale or hire  Distribution of infringed copies for trade purpose  Public exhibition of infringed copies  Importation of infringing copies to India COPYRIGHT © 2011, Dreamtech Press :: Chapter 12 5

 information having commercial value, which is not in the public domain and for which reasonable steps have been taken to maintain its secrets ---- North American Free Trade Agreement (NAFTA)  A trade secret is a data or information related to the business processes of an enterprise.  It is protected through a number of agreements, such as NAFTA and General Agreement on Tariffs and Trade (GATT) universally. TRADE SECRETS © 2011, Dreamtech Press :: Chapter 12 6

 Indicates a process that helps an enterprise to assess its intangible assets  Indicates a method to determine the value of its intangible assets  Indicates a process to identify the strengths and loopholes in the methods applied to safeguard its IP rights IP AUDIT © 2011, Dreamtech Press :: Chapter 12 7

PROCESS OF IP AUDIT © 2011, Dreamtech Press :: Chapter 12 8 The first and foremost step of the audit process. The plan involves the purpose, scope, schedule, collection of information, and issues related to IP. Planning Involves gathering data related to the existing inventory of IP in the enterprise. Collecting information Involves recognizing the actual owner of IP in case of same invention or innovation. Identifying the first claimant Involves communicating the results of the IP audit process to the top level management of the enterprise for validation and it can be reconsidered for future references Reporting

 Intellectual Property (IP) refers to an intangible product that has some value in the market. It is a creation of mind as it combines human imagination, inventiveness, and creativity.  IP of an enterprise can include invention, logo, patent, web concept, copyright, and trademark.  IP plays a major role in enhancing the reputation and goodwill of an enterprise.  The Government of India has formulated several laws, called Intellectual Property Rights (IPR), to protect IP. RECAP © 2011, Dreamtech Press :: Chapter 12 9