1. Intellectual Property Rights
DEPARTMENT OF
COMMERCE
Intellectual Property Rights

3. What is Intellectual property?
IPR are the legally recognized exclusive rights to creation of the mind.
Intellectual property is an intangible creation of the human mind, usually expressed or translated into a tangible form that is assigned certain rights of property.
Intellectual Property refers to creations of the mind, such as inventions: Literary and artistic works, design, and symbols, names and images used in commerce.
Its an intangible asset

4. What is Intellectual Property Rights?
Rights which can be used for protecting different aspects of an inventive work for multiple protection.
Outlined in article 27 of the universal declaration of Human Rights.
IPR are largely territorial rights except copyright, witch is global in nature.
IPR can be assigned, gifted, sold and licensed like any other property.

5. IPR – World History 1474 – Venetian Law 1450 – Johannes Gutenberg
19th century – Paris Convention for the industrial Growth
1883 – develop “Protecting IP”
1886 – Berne Convention
1967 – WIPO
1994 – WTO agreement (TRIPS)

6. IPR in India 1485 – venetian ordinance 1623 – monopoly in England
1760 – US IPR patent law
– discussion for European law

7. WIPO (World Intellectual Property Organisation)
WIPO was created in 1967 to encourage creative activity, to promote the protection of intellectual property throughout the world.
WIPO currently has 191 member states, administers 26 international treaties, and is headquartered in Geneva, Switzerland.
The current Director-General of WIPO is Francis Gurry, who took office on 1st October 2008.

8. Continued….
186 of the UN member states as well as the Cook Islands, Holy See and Niue are members of WIPO.
Non-member are the states of Marshall Islands, Federated States of Micronesia, Nauru, Palau, Solomon Islands, South Sudan and East Timor.

9. Agreement on Trade Related Aspects of Intellectual Property Rights(TRIPS)
TRIPS is an international agreement administered by World Trade Organization (WTO).
Negotiated at the end of the Uruguay Round of the General Agreement of Tariffs and Trade (GATT) in
158 Countries member.

10. IPR Acts Patent (The patent Act, 1970)
Trademarks (Trademarks Act, 1999)
Copyrights (Copyright Act, 1957)
The Designs (Design Act, 2000)
The Protection of Plant Varieties and Farmers Rights (PPV&FR Act, 2001)
Semiconductor Integrated Circuit layout design (Act, 2000)
Geographical Indication (Geographical Indication of Goods Act, 1999)

11. Patents (The patents Act, 1970)
It is covered under the Act called the Patent Act, Amended by Patents Act, 2005.
A patents is an exclusive right granted by law to applicant / assignees to make use of and exploit their inventions for a limited period of time.
The patent holder has the legal right to exclude others from commercially exploiting his invention.

12. Continued….
In return for exclusive rights, the applicant is obliged to disclose the invention to the public in a manner that enables others, skilled in the art, to replicate the invention.
The patent system is designed to balance the interests of applicants and the interests of society

13. Trademarks (Trademarks Act, 1999)
Trade mark Act, 1999 defines TM as a mark capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours.
This may include shape, packaging and colour combinations. This mark may be a logo, symbol, brand, heading, label, name, signature, word, latter.

14. Continued….
“Well-known mark” is not registered but being used for long time and established itself as a strong brand. Protection is also available in Trade Mark law.
Valid for 10 years can be renewed.

15. Copyrights (Copyright Act, 1957)
In India, the Copyright Act, 1957 as amended in 1983, 1984, 1992, 1994 and 1999 is available.
Copyright is a from of intellectual property applicable to certain forms of creative works.
Copyright is the exclusive and assignable legal right, given to the originator for a fixed number or years, to print, publish, perform, film, or record literary, artistic, or musical material.

16. Continued….
It is a right which grants protection to the unique expression of ideas.
Copyright is a legal concept, enacted by most government, that grants the creator of an original work exclusive rights to its use and distribution.
A right, which is available for creating an original literary of dramatic or musical or artistic work.
Registration can be done at the office of the registrar of copyrights in new Delhi.

17. Continued….
Protection for expression of an idea and not for the idea itself.
The owner may assign to any person the copyright.
Giving owner, incentives in the form of recognition and fair economic reward increases their activity.
The work is open for public inspection once the copyright is registered.

18. The Designs (Design Act, 2000)
An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three- dimensional features, such as the shape of an article, or two-dimensional features, such as patterns, lines or colour.
A Design appeals solely to the eye. The eye must be the eye of the customer on a visual test. There should not be any functional consideration.

19. Continued….
Industrial designs are applied to a wide variety of products of industry and handicrafts such as technical and medical instruments, watches, jewelry, house ware, electrical appliances, vehicles, architectural structures, textile designs and other luxury items.
10 years validity registration. Can be renewed for second period of 5 years.

20. The Protection of Plant Varieties and Farmers Rights (PPV&FR Act, 2001)
The  Protection of Plant Variety and Farmers Right Act, (PPVFR Act) is an Act of the Parliament of India that was enacted to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders, and to encourage the development and cultivation of new varieties of plants.
This act received the assent of the President of India on the October 30, 2001.

21. Semiconductor Integrated Circuit layout design (Act, 2000)
Semiconductor Integrated Circuit Layout Design(SICLD) Act, 2000, has come into operation in India. 4th September 2000.
The Registry maintains the Register of Layout- Designs and records in it the registered layout- designs with the names, addresses, and descriptions of the proprietor and such other matters related to the registered layout-designs.

22. Geographical Indication(Geographical Indication of Goods Act, 1999)
Geographical Indication in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods.
As originating or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin.

23. Continued….
In case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such in such territory, region or locality, as the case may be.
Validity for 10 years and can be renewed also.

24. THANK YOU ALL OF YOU
SUBMITTED BY:- Chudasama Ektaben S.
Roll No:- 10