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 Creation of Human Mind  Scientific, industrial, Literary, artistic domains  In the form of invention, Manuscript, software, a business name Intellectual Property Rights  To control use of the same properties 22

LEGAL DEFINTION OF IPR Intellectual Property Rights are legal rights, which result from intellectual activity in industrial, scientific, literary & artistic fields. 33

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PATENT  Governed by The Patents Act 1970  Now Patents Act 2005  Came into force on 1 January

77 PARTS OF DEFINTION  An exclusive right  Granted for an invention  Minimum time of 20 years  Provides a new way of doing something or offers a new technical solution to a problem

88 CONDITIONS FOR AN INVENTION TO BE PATENTABLE Novelty Inventiveness Usefulness No prior disclosure of any information before the filling date The feeling should not be there that the Practitioner can’t even think of that idea The invention Must have some future utility

99 INVENTIONS WHICH ARE PATENTABLE  Art, process, manner or method of manufacture  Machine, apparatus or any other articles  Substances produced by manufacturer, which include any new and useful improvements of any 1 of them or  An alleged invention.

10 INVENTIONS WHICH ARE PATENTABLE NOT  Inventions against morality or injurious to health.  Mere discovery of a scientific principle.  A method for agriculture or horticulture  Inventions relating to atomic energy  Any new substance obtained by mere admixture

11 ESSENTIAL DOCUMENTS TO BE SUBMITTED IN THE PROCESS OF PATENTING Provisional Specification  Necessary Specification  Filed to establish the priority in the invention  Patent is not granted here  Time for Provisional Specification 12 months + 3 months grace period 1

12 CONTENTS Field of invention Background including drawbacks Description along with experimental results Drawings etc. for understanding Claims which prove the legal proprietorship of the invention 2 Complete or Final Specification Mandatory to be filed within 12 months after the Provisional specification

13 WHERE TO APPLY ??? PATENT OFFICES IN INDIA PATENT OFFICES IN INDIA DELHI MUMBAI CHENNAIKOLKATA (Head Office)

14 HOW TO APPLY o verruled Accepted

15 Generally Copyright is a protection which protects the original creative expression of an idea Sufficient amount of labor, judgement, capital and skill of the actual creator LAST AMENDED IN 1999 The copyright act 1957

16 NECESSARY CONDITIONS FOR COPYRIGHT PROTECTION  It is recorded in some form e.g. in writing, by a sound recording, on a computer disk or in a printed form.  Must meet the requisite degree of originality  If it is of a type protected under the copyright protection.

17 WORKS PROTECTED BY COPYRIGHT  Original Literary, dramatic, musical and artistic works.  Sounds recording, films or broadcasts  Typographical arrangements of published editions.

18 DURATION OF COPYRIGHTS  Literary, dramatic, musical and artistic works  Computer Generated Works  Sound Recordings  Broadcasts Life of the author + 70 Years 50 Years

19 COPYRIGHT INFRINGEMENT Primary Infringement Secondary Infringement. When the exclusive rights of the author is performed by a party without the consent of the Author. When Rights are distributed after performance

20 TRADEMARKS Sign or combination of signs capable of distinguishing a particular Good or service (INDIAN TRADEMARKS ACT 1999)

2123  To distinguish the products or services of one enterprise from those of other enterprises  Trademarks distinguish products or services from one source, from identical or similar products or services from other sources  Guarantee function of trademarks refers to a particular quality of the product or service for which it is used  Appeal function creates interest and inspire a feeling of confidence of the customers.

2221 PLANT BREEDERS RIGHTS New Plant Variety Protection Act in 2001

2322 DEFINTION Rights granted to the breeder of a new plant that give him the exclusive control over the propagating material and harvested material of a new variety for a number of years. Seed, cuttings, divisions, tissue culture Cut flowers, fruit, foliage

2425 An industrial design right is an intellectual property right that protects the visual design of objects that are not purely utilitarian.

2526  Creation of a shape  Configuration or composition of pattern  Colour or combination of pattern  Colour in three dimensional form containing aesthetic value An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft. Industrial Design consists of –

2627 GEOGRAPHICAL INDICATIONS A Geographical Indication (GI) is a name or sign used on certain products which corresponds to a specific geographical location or origin (e.g. a town, region, or country) Darjeeling Tea became the first GI tagged product in India, in , since then by September 2010 (Geographical Indication Of Goods Act 2000)

2728  Such identification enables the product to gain reputation and goodwill all over the world  Preventing an unauthorized use of the commodity registered as GI by any third party.  Helps in proper distribution of the economic benefits. SIGNIFICANCE OF GEOGRAPHICAL INDICATION REGISTRATION

2829 A trade secret refers to data or information relating to the business which is not generally known to the public and which the owner reasonably attempts to keep secret and confidential

2930 CRITERIAS FOR TRADE SECRETS  It must not be generally known or readily accessible by people who normally deal with such type of information  It must have commercial value as a secret  The lawful owner must take reasonable steps to keep it secret

30 EXAMPLES C USTOMER LISTS BUSINESS INFORMATION EMPLOYEE DETAILS FINANCIAL RECORDS DATA COMPILATIONS BUSINESS PLANS AND STRATEGIES FORMULAE DESIGNS DRAWINGS ALGORITHMS

3130  Employment Agreement  Trade Secret Policy  Non-disclosure Agreements (NDAs) TOOLS TO PROTECT TRADE SECRETS  Suitable confidentiality, non- -disclosure in agreements with employees.  Employees must be informed sign an acknowledgement to that  Businesses can also enter into NDAs with 3 rd parties while discussing any business prospects and ventures.

3230  Adequate Documentation  Security Systems  Businesses must keep a track of the trade secrets that are developed and belongs to them.  Human Technical Security Security +

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