Importance of Intellectual Property Ramesh B Vishwanathula Senior Attorney – Intellectual Property Laws Solicitor Admitted to Supreme Court of England & Wales Arbitrator appointed to World Intellectual Property Organization Certified Patent Valuation Analyst Associate - American Bar Association

Importance of IP Intellectual Property

PROPERTY

Importance of IP IP as a business asset TANGIBLE ASSETS INTANGIBLE ASSETS <

Importance of IP IP as a business asset Organisation IP Knowledge Innovation Creativity Intangible Assets

Importance of IP IP is all around us How does IP relevant to our daily lives? Human Creativity IP is around us Every product we use is a result of big or small innovation!! New design Improvement/features New look

Lets take some examples: We can almost find IP in every product including, Simple things like ball point pen & music player.

Importance of IP IP is all around us BALL POINT PEN Ladislao Biro’s Patent on ballpoint pens was in many ways a break through. But like him, many other have improved the product and its designs and legally protected their improvements through the acquisition of IP rights. The trademark on your pen is also intellectual property, and it helps the producer to market the product and develop a loyal clientele. And this would be the case with almost any product or service in the market.

Importance of IP IP is all around us Patent protection is likely to have been obtained for various technical parts of MP3 player. Its design may be protected by Industrial Design Rights. The brand is most probably protected by a trademark. And the music played by the MP3 player may be protected by Copyrights.

Importance of IP Why IP is relevant to a corporate/company? Almost every Co. has a trade name or trademarks. Should always consider for protection. A large number would have developed creative original designs. Some may have invented or improved a product or service. Many would have produced, or assisted in the publication or dissemination of a copyrighted work. Also it will have valuable confidential business information, for example, customers' list to sales tactics.

Importance of IP IP as a business asset When IP is legally protected and there is demand for the IP-protected products or services in the marketplace, IP becomes a valuable business asset IP = Valuable Business Asset Every organization must first acknowledge the value of IP and begin to see it as a valuable business asset

Importance of IP IP as a business asset You may obtain the IP rights over the following categories of the intangible assets Category IP Protection Innovative products and processes Patent or Utility Model Distinctive Signs Trademark, Collective Mark, Certification mark, in some cases geographical marks Creative Designs including textile designs Industrial Designs Confidential business and technical information of commercial value Trade Secrets Culture, artistic and literary works, including in most countries computer software and compilation of data Copyright and related rights Denominations of goods of given quality or reputation attribution to the geographical origin Geographical Indications Microchips Protection of layouts or topographies of integrated circuits

A crucial point about legal protection of IP is that it turns intangible assets into exclusive property rights The "right to exclude" is what I mean by "exclusive rights". IP protection makes intangible assets "a bit more tangible' by turning them into valuable exclusive assets that can often be traded in the market place.

Importance of IP The value of IP assets Knowledge IP Creation Innovation

Importance of IP The value of IP assets Lets look at the value of the IP assets as business assets Strong market position and competitive advantage Higher profit or returns on investment Additional income from licensing or selling (assigning) IP Creating bargaining power Enhanced ability to acquire finance at reasonable rate of interest Credibly threaten or take action against imitators or free riders Positive image for your organisation

INTELLCTUAL PROPERTY RIGHTS

Industrial Property Rights Chiefly covers Patents Rights in Technological inventions Trade marks Industrial Designs Appellations of origin, etc.

Copyrights covers the Rights on Musical Artistic

-Literary -Dramatic

Photographs

Symbols Trademarks – ™, ® , Service marks - SM Copyrights – ©

Trademarks One of the Oldest form of IP It is basically a sign or mark or a brand name which is used to market the products. Word Mark Letter Mark Numerals Combinations of Letters & Numerals Device Mark

Word Marks RIN CRANE KENSTAR WHEEL BABOOL Letter Marks A, M, Z,...

Numeral Marks Letters and Numeral combination Marks 1, 4, 9, 745, 8900,... Letters and Numeral combination Marks A1, C9, Z70, AB, 8P,...

Device Marks

Fundamentals of a Trademark Distinctive Quality Quantity Not Deceptive Similar

FRUMATO Drink with Fruit juice & Tomato juice

GOLD CAP - Whisky FRUit – Fruit juice toMATO – Tomato juice

SWISS FLAG – Wrist Watches CLEANPOWDA – Cleaning Powder

Is a corporate name is a trademark?

A corporate name is a trademark ? M/s. Montari Industries Limited Versus M/s. Montari Overseas Limited M/s. Khosla compressors Limited M/s. Khosla Extractions Limited M/s. Kirloskar proprietory Limited Kirloskar Dimensions Limited

Geographical Indications It gives the indication of origin It states particular quality The protection is not available to individuals

Geographical indication in India Bikaner Bujia Gadwal/Pochampally Sarees Guntur Tobacco Darjeeling Tea Hyderabadi Biryani