TYPES OF IPR

Shweta Singh
TYPER OF IPR

 Patents  Industrial

 Trademarks Designs
 GI
 Copyrights
 Utility Models
 Unfair
 Traditional
Competition Knowledge (?)
 Trade Secrets  Plant Variety
Protection
What is a patent?
 A patent is the right – granted by the
government – to exclude for a limited time
others from practicing the protected
invention (i.e., infringing the patent).

 The patent holder may sue and seek

damages from any party that infringes a
patent while it is in force.
Patent Theory
 A patent is a “contract” between
the inventor and the Government
(Patent Office).
 Government grants for a “limited
time” a “limited monopoly” on the
invention to the inventor if certain
“patentability tests” are met.
What is Copyright?
 Copyright allows
authors, musicians,
artists, etc. to make
money off of their
labor. It prevents
others from taking
there work for free. It
also prevents people
from altering the work
without permission.
 Copyright Law
 Copyright law protects the expression of
an idea. Not the idea itself.
 Copyright protects
 “…originalworks of authorship fixed in any
tangible medium of expression, now known or
later developed, from which they can be
perceived, reproduced, or otherwise
communicated, either directly or with the aid of
a machine or device.” (17 U.S.C. § 102)
Copyright
 An original work of authorship
 Fixed in a tangible medium
 Exclusive right to:
 reproduce, adapt, distribute,
perform, and display the
work
 Registration not required
What Can Be Protected?
 Literary Works
 Musical Works
 Dramatic Works
 Choreographic Work
 Pictorial, Graphic, and Sculptural Works
 Motion Pictures and AV
 Sound Recordings
 Architectural Works
What is the “work” that copyright
protects?
 Copyright protects only the expression
contained in the work, not the ideas
 The copyright owner therefore does not
have the exclusive right to reproduce [or
distribute, or perform, or display, etc.] the
“ideas” in a work; only the way that he/she
chose to express those ideas
 and only if that expression is “original”
What is the “work” that copyright
protects, II
 Copyright never protects the “facts” revealed in a
work; only the way the author has organized, or
selected, or arranged those facts
 and only if that organization/selection/arrangement is
itself “original”
 The copyright owner therefore does not have the
exclusive right to reproduce [or distribute, or
perform, or display, etc.] the “facts” in a work;
only the [original] way that he/she chose to
select, organize or arrange those facts
Who’s the owner?

 Author

 Employer

 Joint Authors
What Does Copyright Give
Rights Holders?
 Right to reproduce the
work.
 Right to prepare
derivative works.
 Right to distribute copies
for sale.
 Right to perform AV
works publicly.
 Right to display musical
and artistic works
publicly.
How Long Does Copyright Last?
 A copyright last for life plus 70 years for
individuals for anything on or after 1978.
 A copyright lasts for 95 years for corporate
authors after publication for anything on or
after 1978. (It is 120 years after creation if
not published.)
 Works published before 1978 and after
1923 are protected for 95 years.
Copyright is Automatic
 There is no need to
include a copyright
notice. (©, 2003).
However, it is a good idea
to do so due to
ignorance.
 The copyright is in force
when the work is “fixed”
which includes saving to
disk or writing it on paper.
What is Fair Use?
 Use of material for
criticism, comment, news
reporting, teaching,
scholarship, and
research.
 Limitations apply. This
includes consideration of
the purpose, nature,
amount and
substantiality, and the
effect of the use on
potential value of work.
More Fair Use
 You can use excerpts from a book to write a
review of it. However, you can’t reproduce
whole chapters of the book for reviewing
purposes without permission.
 A class dealing with film studies can screen a
movie without payment for study purposes.
However, no admission can be charged and only
students in the class can attend the screening.
 Difficult area that can get people in trouble.
Consult an attorney if you are in doubt…
Alternatives to Copyright
 Licenses – Creators can retain copyright but
allow people to use content under certain terms.
For example, the copyright can give schools to
use content for free and without permission.
Example: (http://www.creativecommons.org/)
 Open License – Others can use but must credit
original source. Further, any version that others
create must also have the open license and be
useable by others as well. Example:
(http://www.wikipedia.org/).
Related Rights
 Right of Reproduction  Translation and
 Performing Rights Adaptation Rights
 Recording Rights  Moral Rights
 Motion picture Rights  Neighboring Rights
 Broadcasting Rights
 TRADEMARK

 Trademarks® , ™
A trademark identifies tangible good or product of a
company or individual.

 Trademark are signs which distinguish goods and services

of one enterprise from another and can also be a generic
sign representing an enterprise for all its products and
services.
 word, phrase, logo

Trademark n. A word, phrase, logo, or other

graphic symbol used by a
manufacturer or seller to distinguish
its product or products from those of
others. Referent to the origin of the
product.

used by a manufacturer to distinguish a product

Example: VS.
What is a trademark?
The term “trademark” includes any word, name,
symbol, or device, or any combination thereof…
used by a person…
to identify and distinguish his or her goods,
including a unique product, from those
manufactured or sold by others and to indicate
the source of the goods, even if that source is
unknown.
- 15 U.S.C. § 1127
 Types of Marks
n. A word, phrase, logo, or other graphic
Trademark symbol used by a manufacturer or seller
Lanham Act § 45
45 GOODS
to distinguish its product or products
from those of others. Referent to the
origin of the product.

Service Mark n. A name, phrase, or other device

Lanham Act § 3 SERVICES
used to identify and distinguish the
services of a certain provider.

n. A trademark or servicemark used by an

Collective Mark association, union, or other group either
Lanham Act § 4 ORGANIZATIONS
to identify the group’s products or
services or to signify membership in the
group.
Certification Mark n. A word, symbol, or device used on UL
Lanham Act § 4 QUALITY
goods or services to certify the place of
origin, quality, or other characteristic.
®
Trademarks vs. Service Marks
 Trademarks are generally used in
conjunction with goods
 Service marks are generally used in
conjunction with services
 Trade name: Company business name
FEATURES OF TRADEMARK

1.Attributes That a Trademark should posses

 It should be invented word
 It should be distinctive

2.Trademark should not have following features

 NOT be deceptively similar
 NOT be descriptive
 NOT be a word that defines nature of product
 NOT be name or surname of a person
 NOT be geographical name
 Deceptive Similarity
 A Trademark is said to be deceptively similar to
another mark if the mark so nearly resembles
that other mark is likely to deceive or cause
confusion.
 Some of the common similarity are:
 1. Phonetic similarity
 2. Visual similarity
 3. Similarity in Idea
 4. Nature of the mark
 GEOGRAPHICAL INDICATION
 Geographical indications are those that
associate a product with a particular place.
 These have been given the status of IP
because the product gets more commercial
value by its mere association with a particular
place.
 GIs are about culture, geography, traditions,
heritage and traditional practices of people and
countries.
 GIs and Developing Countries
 Instrument of Rural Development - promotion of products having
certain characteristics could be of considerable benefit to the rural
economy, in particular to less-favored or remote areas, by improving
the incomes of farmers and by retaining the rural population in these
areas (EC Regulation 2081/92) – e.g. Italian Tuscan Olive Oil sold at
premium ever since its registration in 1998.
 Differentiation of products can lead to:
 Increase in prices of the protected products
 Allows genuine producers to capture the rents, entry barriers for
“fakes”
 More Antiguan Coffee and Darjeeling Tea sold than produced -
shows large market for genuine products.
 Issue is whether the framework is appropriate for developing
countries.
 Indian GI Act Framework
 GIs can be granted to an individual, a family, a partnership, a
corporation, a voluntary association etc or any organization or
authority established by or under any law for the time being in force
representing the interest of the producers of the concerned goods.
 GIs protect and reward traditions while allowing for products to evolve
over time
 GIs can be protected over long periods as long as the collective
tradition is maintained –
 Indian Act protects GIs for an initial period of 10 years, which can
be renewed after the expiry of the initial period of protection for
another 10 years
 GIs would cease to be on the register if not renewed six months
after the expiration of the last registration
 India’s famous GIs
 Nilgiri tea
 Banarasi silks
 Coorg coffee
 Paschmina shawls
 Mysore sandal products
 Kashmir carpets
 Mysore silk
 Basmati rice
 Darjeeling tea
 Malabar pepper
 Assam tea
 Kancheepuram silks
 Bengal Cotton
 Lonawala chikis (food
stuff)
 Alphonso Mangoes  Nilgiri tea
 Pochampalli silk  Coir products from Kerala
 Chanderi silk  Cardamom from Kerala
 Hyderabad pearls  Aranmula mirrors
 Kerala Nendran bananas  Nagpur oranges
 Jaipur silver jewellery  Phulkari embroidery work
Trade Secret

 In general, a trade secret can be

defined as any commercially valuable
information or compilation of information
that is not generally known to others
who can profit from its disclosure or use
* Unlike trademarks, patents and
copyrights, however, trade secrets
are not regulated by federal statute.

* Instead, common law exists to

protect trade secrets as well as
the Uniform Trade Secrets Act
which has been adopted by
many states.
The Regulation of Trade
Secrets
 There is no particular grant to Congress to
regulate trade secret. Common law and state
law governs regime of trade secret.
 Trade secret protection may be available
regardless of the availability of other forms of
intellectual property protection. Specifically,
patent and copyright protection established
by Congress.
 The potential dual protection system leads to
a question of preemption.
Plant variety protection
 Objectives:

 - Protection of the rights of farmers for their contribution made at

any time in conserving, improving and making available plant
genetic resources for the development of new plant varieties.
 - Protection of Plant Breeders Rights to stimulate investment for
research and development, both in the public and private sector
for development of new plant varieties.
 Giving effect to Article 27.3(b)of the TRIPs Agreement.
 Coverage of varieties :

 New Varieties (genera and species which can be

registered will be notified subsequently)
 - Extant varieties
 - Farmers varieties
 - Breeders can exercise their rights over any variety
that is essentially derived from the protected
variety. Provided that the authorisation by the
breeder of the initial variety to the breeder of edv is
on mutually agreed upon terms and conditions.
 Essentially derived variety is defined as :
 i) predominantly derived from such initial variety, or
from a variety that itself is predominantly derived from
such initial variety, while retaining the expression of the
essential characteristics that result from the genotype
or combination of genotypes of such initial variety.
 ii) Is clearly distinguishable from such initial variety;
and
 iii) Conforms to such initial variety in the expression of
the essential characteristics
 (Similar to UPOV 91)
 Conditions for Protection:
 A variety is protected if it conforms to the criteria of :
 - novelty
 - distinctiveness
 - uniformity
 - stability
 (These terms have been clearly defined in the
legislation – Section 15)
 (Similar to UPOV)
 Rights of Breeders:
 Breeders Rights extend to Seeds and / or Propagating material
of the protected variety to :
 i) Production
 ii) Selling
 iii) Marketing
 iv) Distribution
 v) Export
 vi) Import

 (Similar to UPOV 91)

 However, if the breeders’ variety is essentially
derived from a farmers’ variety, the breeder cannot
give any authorisation without the consent of the
farmers or communities from whose varieties the
protected variety is derived.
 Farmers’ Rights :
 i) entitled to save, use, sow, re-sow, exchange, share
or sell his farm produce including seed in the same
manner as he was entitled earlier (Seeds for sale
should not be branded) (essentially correspond to
Farmers’ privilege in UPOV 78) ii) Full disclosure of
the expected performance of the Seeds or planting
material by the plant breeder. Where these fail to
perform in the manner claimed by the breeder, the
farmer may claim compensation from the plant
breeder.
 i) reward the farmer “who is engaged in the
conservation and preservation of genetic
resources of land races and wild relatives of
economic plants and their improvement
through selection and presentation”.

 (Similar to the concept of Farmers’ Rights in

ITPGR)
 Researchers’ Rights:

 Researchers’ Rights are recognised which grant

them free and complete access to protected
materials for research use in developing new
varieties of plants. However, authorisation of the
breeder is required “whose repeated use of such
variety as parental line is necessary for commercial
production of such other newly developed variety”.
This provision in effect uses the formulation
provided for in UPOV 78 for breeder’s exemption.
 Benefit Sharing :
 i) For a variety registered as EDV, NGOs or
individuals can claim a share of benefits that may
arise from its commercialisation on behalf of any
village or local community;
 ii) Any individual or NGO can make a claim on
behalf of a village or local community for the
contribution that they had made in the evolution of any
variety registered under the Act.
 (Amount of Compensation as determined by an
Authority established under this legislation would be
deposited by the breeder in the National Gene Fund)
 Article 27.3 TRIPS

“…members shall provide for the protection of

plant varieties either by patents or an effective
sui generis system or by any combination
thereof”
sui generis system
What is Industrial Design
 The ornamental or artistic aspect of an
article
 Made up of three-dimensional features, such
as the shape or surface of an article, or of
two-dimensional features, such as patterns,
lines or color.
 An integration of art and Design, whereby
mass produced products are improved for
marketability and production.
The Designs Act, 2000.
 Section 2 of the Design Act, 2000
“Design means only the features of shape, configuration, pattern
ornament or composition of lines or colours applied to any article
whether in two dimensional or three dimensional or in both forms, by
any industrial process or means, whether manual, mechanical or
chemical, separate or combined, which in the finished article appeal
to and are judged solely by the eye; but does not include any mode
or principle of construction or anything which is in substance a mere
mechanical device”

“article means any article of manufacture and any substance, artificial, or

partly artificial and partly natural and includes any part of an article capable of
being made and sold separately”
Criteria for Registration of Industrial Design
under the Designs Act, 2000.

A design which:
 Is new or original
 Has not been disclosed to the public by
publication in tangible form or by use or in
any other way prior to the filing date.
 Is significantly distinguishable from known
designs or combination of known designs.
What is a Industrial Design Right

A statutory Right which protects the

aesthetic appeal of an article.

 Design Right is a limited period Right.

 In
India registered Design is protected for a
maximum period of Fifteen Years.
Advantages of Registration

 A valuable business asset that can be bought,

sold, transferred or licensed like any other
property.
 Provides the basis for taking legal action.
 Grants exclusive right for 15 years.
 Prevents others from copying or imitating the
design.
 Adds value to the product.
 Makes it attractive to customers.
Copyright Act: Protection of
Industrial Design
 Copyright subsists in an Industrial Design only if it is an
‘artistic work’ under the Copyright Act.
 Protection under the Copyright Act is available only when
the aesthetic design of the product is separable from the
product's function.

 No necessity of registration, under the Copyright Act, to

secure copyright in such Design.

 Copyright in the Design subsists for the life of the artist

plus 60 years.
Difference between Design Right and
Copyright for a Industrial Design
Design Right Copyright
The Design Right is valid The Copyright subsists for
for a period of Maximum a period of 60 years plus
15 Years. life of the author.

Registration is required for No registration is required

obtaining statutory relief. for obtaining statutory
relief.
Reproduction is restricted Reproduction is Restricted
only to the article to all forms including
consisting of the articles.
Registered Design.
Successful Industrial designs

Ipod Beetle Syringe

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