rights

Submitted byMasoom Zehra (14 MBA 02)

Nasreen Ahmad (14MBA 03)

Content
What is IPR?
Types of IPR
Copyright
Trademark
Semiconductor IC design
Patent
GI
Design
Trade Secrets
Farmers Rights
Problems with IPR

 Intellectual property(IP) is a term referring to a

number of distinct types of creations of the
mind for which a set ofexclusive rightsare
recognizedand the corresponding fields
oflaw.

Categories of IPR
Copyright- includes literary and artistic works such as
novels, poems and plays, films, musical works, dance,
artistic works such as drawings, paintings, photographs ,
sculptures, and architectural designs
Industrial rights describes physical matter that is the
product of an idea or concept for commercial purposes.

Types Of IPR
GEOGRAPHICAL
INDICATORS

INDUSTRIAL
DESIGN RIGHTS

PATENT

TRADE SECRETS

SEMICONDUCTOR
IC LAYOUT
DESIGNS

TRADEMARK

COPYRIGHTS

IPR

FARMERS RIGHTS

COPYRIGHTS

 TheIndian CopyrightAct,1957 governs the system of

copyrights inIndia.
[Amended in 1982, 1984, 1992, 1994 & 1999]
Meaning :
It is a right which Grants protection to the unique
expression of Ideas.

What is Original

The term original in the copyright law means that the

work originated with the author or artist.
There is no requirement for novelty or uniqueness as there
is in patent law.
Copyright law protects the expression of an idea. Not the
idea itself.

 Rights of copyrights
Economic rights
Moral rights,

Global nature
Duration
Authors lifetime + 60 years from the end of the calendar
year in which the author dies.
50 years for films and sound recordings,
25 years for typographical arrangements of a published
edition,

What is covered by copyright?

Literary

Musical

Films

Artistic

Dramatic

Sound Recording

TRADEMARK

A trade mark is any sign which can distinguish the goods of one
trader from those of another. Sign includes, words, logos,
pictures, or a combination of these.

To register a trade mark , the mark must be- Distinctive, and,

not deceptive, or contrary to law or morality, and, not identical
or similar to any earlier marks for the same or similar goods.
A trade mark is used as a marketing tool so that customers can
recognize the product of a particular trader.

Duration & Fees Of Trademark

Trademark isvalid for 10 years from the date of
application which may be renewed for further period of
10 years on payment of prescribed fees.

Trademark includes-

Name

Logotype

Symbol

Slogan

Shape

Colour

SEMICONDUCTOR IC
LAYOUT DESIGNS

The Semiconductor Integrated Circuits

Layout Design Act,

2000

Protection of semiconductor integrated circuits layout design

and for matter corrected therewith or incidental thereto.
Condition- original/distinctive
Duration-10 years

PATENT

 A patent is a Monopoly Right granted For an invention

By the government
To the inventor or his assignee
For a limited period
It is valid within the country of grant (geographical).

Duration
Term of the patent is 20 years from the date of filling
for all types of inventions.

 What Does Patent System Do ?

it encourages research.
induces an inventor to disclose his inventions instead of
keeping them as secret.
provides inducement for capital investment
encouraging technological development.
it encourages establishment of new industries.

AMU NANOTECHNOLOGY DEPARTMENT

GEOGRAPHICAL
INDICATORS

 An indication used to identify agricultural, natural or

manufactured goods originating from a definite territory in
India.
It should have a special quality or characteristics or reputation
based upon the climatic or production characteristics unique
to the geographical location.
Examples of Geographical Indications in India are Darjeeling
Tea, Kanchipuram Silk Saree, Alphonso Mango, Nagpur
Orange, Kolhapuri Chappal, Bikaneri Bhujia, etc.
Duration- ten years.
Renewal is possible for further periods of 10 years each.

INDUSTRIAL DESIGN
RIGHTS

 The Design Act, 2000

Protection to registered design
Promote design activity
Duration 10 years
Eg: Britannia industries vs Sara Lee Bakery,2001
PTC 23(MAD)

TRADE SECRETS

 Any formula, pattern, device or compilation of information which is

used in any business and which gives the owner an opportunity to
obtain an advantage over competitors who do not know or use it .

Includes Recipe
Formula
Design to develop
Piece of software

FARMERS RIGHTS

The Protection of Plant Varieties and

Farmers rights Act 2001

Protection of
Plant varieties
Rights of farmers
Plant breeder

Requirement
Original/uniqueness
Result
Growth of seed industry
High quality seeds and plant
material

Problems With IPR

Thank You!