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Types or Forms of Intellectual Property Rights (IPR )
Types or Forms of Intellectual Property Rights (IPR) under WTO TRIPS and in India as being the member country of both WTO and WIPO
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Types or Forms of Intellectual Property Rights (IPR )
- 1. Types / Formsof IPR Dr. Pankaj Kumar IPR Consultant DPIIT IPR Chair Prof. National Law University and Judicial Academy (NLUJA) Assam www.linkedin.com/in/ipconsultant
- 5. Subject matter ofinnovations (IP): • Designs (automobiles, AC, washing machine, chair, fashion, textile, jewelry etc) • Literary items, multimedia, recording, Software/ business methods or processes, Fine arts, performing arts • GI • Marks like logo, name, word, expression etc to differentiate goods and services needed in Trade (differentiating G/S - Distinct mark) • Layout design of IC • New plant varieties • Inventions Person financial position determined including by its ability to commercialise its intellect.
- 6. 1. Innovative productsor processes, 2. Cultural artistic and literary works, 3.Creative designs, 4. Distinctive signs, 5. Microchips, 6. Denominations of goods attributable to a geo-origin, 7. Confidential business information, 8. Plant variety Need to protect IP - Creation & Innovation needs time, energy, effort etc. Creator v Owner Creativity – IP:
- 7. IP Example IPR Literature,drama, music, artistic thing, performance, recordings etc Book, movie, lyrics, painting, sketches etc Copyright Distinctive signs used to differentiate origin of G/S in a market Logo of an institution, brand name, tagline etc Trademark Invention New product or process Patent Aesthetic design to be applied on a good Design of a bottle, garments, devices, vehicles etc Industrial design Denominations of goods attributable to a geographical origin Bikaneri bujia, aligarh lock, kota doria etc GI Designs of microchips, integrated circuit Motherboard of a computer Layout design of IC Confidential information Trade secret, formula of coca- cola Undisclosed information New plant variety New plant var. may have some value addition, Bonsoi, GM- plants, Bt-cotton etc PBR & Farmers rights
- 8. ‘Intellectual Property’ ‘IntellectualProperty Rights (IPRs)’ Necessities not fulfilled by Prior-art Problems Solving approach Idea “Eureka moments!” Idea to expression (Intangible to tangible) Trade-secret New ventures Commercialization/technology transfer and other IPRs Licensing and Assignments Inventions - Functional aspects including products and processes ex. Wheel, electricity, light bulb, automobiles, mobiles, computers, software, medicines, chemicals,… Patents Branding goods or services under a mark in trade Trademarks or service marks External appearance/ shape/ configuration / aesthetic designs of a good/article Industrial designs Confidential information of commercial aspects like Technical, Know-how, Invention best mode, Customer list etc Trade-secret Literary, dramatic, musical, artistic work, software, Performing drama or play, broadcasting, recording of A/V Copyrights – Entertainment industry, publication industry etc Goods from specific geographical origin possessing some special characteristics attributable to geographic area of origin – Darjeeling tea Geographical indication – vocal for local New plant varieties Plant breeder rights Layout out designs of integrated circuits IC Layout out designs rights other innovation like zuggad techniques for incremental utility Utility model rights
- 9. Type of IP rightDescription Registration required? Duration Copyright Protection for the expression of ideas, in respect of literary, artistic, dramatic and musical works, as well as sound recordings, TV broadcasts and films No Varies depending on the nature of the work Patents Exclusive rights are granted for new and inventive devices, substances, methods or processes Yes Up to 20 years Designs Protection of the visual features that give items a unique appearance (such as shape, configuration, pattern and ornamentation) Yes Up to 10+5 years Trademarks Protection for brands, logos and other distinguishing features of goods or services Optional (but desirable) Indefinite Plant Breeder’s rights Exclusive protection for new plant varieties Yes Up to 20 years (25 years for trees and vines) Circuit layouts Protection of original layouts for integrated circuits No Up to 20 years Confidential information Trade secrets and unpublished information, protected by contract rights and principles of law No Indefinite (provided obligation of confidence is not breached)
- 10. 10 Trademarks: Why businesspersons should care of it? Trademarks: • Are encountered by everyone • Used as a marketing tool to build a brand • Indicates the source of origin of G/S • Create a brand identity for the business • Representing goodwill of the brand • Helps guarantee the quality of goods bearing the mark • Creates and maintains a demand for the G/S • Influence consumers and help G/S stand out • Advantageous to both proprietors and users • Can have great value to the trademark right-holder • Valuation of trademark considered during merger & acquisition of companies
- 11. How to indicateyour Trademark? The "TM" or “SM” notation is merely a means of informing third parties that the person claims trademark rights to the word, slogan, or phrase associated with the notation. Using ® - not fashion
- 12. Design Design is ashape, pattern, arrangement of lines or color combination which is ornamental in nature that is applied to any article a Design should be applied or applicable to any article by an industrial process It is registered for 10 years (can extend by 5 years)
- 13. 5% 70% 20% 5% 50% 5% 15% 30% Power Actual Cost CostInfluence Overhead Labor Material Design “While Design typically represents the smallest actual cost element in products, it poses the largest cost influence.” Mikel Harry, Ph. D. and Richard Schraeder Doubleday, New York, 2000, Page-153
- 15. Industrial design (DesignPatent) in Jewelry: Tanishq Background: Tanishq, the jewelry brand under Tata Group, has consistently registered design patents for its innovative jewelry pieces. Impact: This helped the brand create a distinct identity in the competitive jewelry market and protect its designs from imitation. Key Takeaway: Design protection can safeguard creativity and establish a premium brand identity.
- 21. "MARINE" v "JIVANJORMARINE PLUS" Pidilite Industries Ltd. vs. Jubilant Agri & Consumer Products Ltd. HC restrains Jubilant Co from infringing Pidilite's trademarks
- 22. Amul: Leveraging Trademarksfor Brand Success Background: Amul, a brand under the Gujarat Cooperative Milk Marketing Federation, registered trademarks to protect its brand identity and slogans like "Amul: The Taste of India.“ Impact: By maintaining a strong trademark portfolio, Amul established itself as a household name in India and beyond, gaining consumer trust and market dominance in the dairy industry. Key Takeaway: Strong trademark protection can enhance brand recognition and market penetration.
- 23. Biopharma Innovation: Bangalore-basedBiocon Background: Biocon, India’s leading biopharmaceutical company, has built a robust IP portfolio with over 1,200 patents and trademarks worldwide. Impact: Biocon's focus on research and IP protection has enabled it to bring innovative biopharmaceutical products to global markets, including biosimilars for cancer and diabetes treatment. Key Takeaway: A strong IP strategy can enable companies to expand globally and retain a competitive edge in innovation-driven industries.
- 24. Patents in ITInnovation: Infosys Background: Infosys, one of India’s leading IT services companies, has consistently filed patents for innovations in software, artificial intelligence, and data analytics. Impact: Its strong IP portfolio has enhanced its reputation for innovation, attracted global clients, and provided a competitive edge in the IT industry. Key Takeaway: Filing patents ensures protection for technical innovations and strengthens market credibility.
- 26. Patent v TM® Acetylsalicylicacid Aspirin (Bayer), Dispirin (reckitt benckiser)
- 30. Original creation &Innovations needs to be protected under IPR - be it a patent or copyright or ... Idea Expression COPYRIGHT Idea Innovation Invention PATENT Idea Quality + Identity TRADEMARK Idea Appearance DESIGN Idea Keep Confidential No Disclosure TRADE SECRETS
- 31. Territorial Jurisdiction Patent TerritorialJurisdiction Mumbai The States of Maharashtra, Gujarat, Madhya Pradesh, Goa and Chhattisgarh and the Union Territories of Daman and Diu & Dadra and Nagar Haveli Chennai The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Telangana and the Union Territories of Pondicherry and Lakshadweep New Delhi The States of Haryana, Himachal Pradesh, Punjab, Rajasthan, Uttar Pradesh, Utarakhand, Delhi and the Union Territory of Chandigarh, Jammu and Kashmir and Ladakh Kolkata The rest of India 31 Designs(1): The application for registration of a design can be filed at the Patent Office at Kolkata or any of its Branch Offices at New Delhi, Mumbai and Chennai Trademark(5): 4 metro in above + Ahmedabad Copyright (1), GI(1), Layout design of IC(1) PPVFRA (1)
- 34. Intellectual properties -certificates