Introduction to Intellectual Property
Get awareness of acquiring the patent and copyright for their innovative works.
Get the knowledge of plagiarism in their innovations which can be questioned legally.
Understand the meaning of Intellectual Property Rights (IPR).
Understand the provision of IPR under TRIPS and WTO.
Intellectual property is an umbrella term covering patents, trademarks and copyrights. Intellectual property rights are specific abilities, granted by law to right holders, for the control of intellectual property. An intellectual property right is the legal right to property owned by a content creator and often protected through the use of a trademark or copyright.
Types of Intellectual Property:
Rights in Performance
The Law of Confidence
Solved Example: 13-1-01
Intellectual Property Rights (IPRs) protect the use of information and ideas that are of: (UGC Paper 2: Commerce Oct 2020 Shift II)
A. Social value
B. Moral value
C. Commercial value
D. Ethical value
Correct Answer: C
Solved Example: 13-1-02
Intellectual Property Rights (IPR) covers: (UKPSC RO/ARO Paper II- 2012)
D. All of the above
Correct Answer: D
Patents and Copyrights
Understand Origin and meaning of a copyright or a patent.
Understand difference between copyright and patent.
Understand the types,
Understand Inventions which are not patentable,
Rights and Duties of Patentee, Assignment and licence ,
Infringement, Remedies and Penalties.
Copy rights with special reference to software.
Copyright is a type of intellectual property which is related with written material. Even a poem, a picture or a musical note can have a copyright. The copyright prohibits others from copying or publishing the written material, picture or music and thereby the creator is entitled to the income derived from such a literary product. Protects creative works that are musical, literary, artistic works, lectures, plays, art reproductions, models, photographs, computer software, etc. The rights under this also have a specified duration of protection. The term of a work, [other than a photographic work or a work of applied art] is calculated on a basis other than the life of a natural person.
The calendar year of the authorized publication or failing such authorized publication within 50 years from the making of the work [50 years from the calendar year of making].
For example, the term of protection available to performers is at least 50 years computed from the end of the calendar year when the performance took place.
Patent is a right of a particular design or formula used for the manufacture of a given product. The electronic design of a motherboard supplied by Intel company is also a patent. Even the computer based system of Windows sold by Microsoft company is a patent. In fact, patent gives the right to produce and deploy a certain design commercially in the market. Even food products can have a patent.
It protects inventions that are novel, non-obvious with respect to the prior art and useful. The invention must be disclosed in a specified format in a patent specification. A granted patent has a specific ‘term’ (generally 20 years, in some countries it is 14 years and in some others 5/7 years under special circumstances) and must be periodically renewed upto the end of the term to retain the rights from it. If not renewed periodically as required by the statute a patent becomes public property that can be used by anyone without fear of infringement.
Solved Example: 13-2-01
Which among the following is not a correct statement regarding patent? (UGC Paper II: Commerce July 2018)
A. A patent is a legal protection granted for an invention that is new, non-obvious and useful.
B. The patent grants the patent holder the exclusive right to make use or sell the patented products or process.
C. The exclusive purpose of the patent system is to benefit the patent holder.
D. To get a patent, technical information about the invention must be disclosed.
Correct Answer: C
Origin, Meaning and Nature of Trade Marks.
Types, Registration of Trade Marks.
Infringement and Remedies.
Offences relating to Trade Marks.
A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. The period of protection varies, but a trademark can be renewed on payment of additional fees. Trademark protection is enforced by the Courts, which in most systems have the authority to block trademark infringement.
In a larger sense, trademarks promote initiative and enterprise worldwide by rewarding the owners of trademarks with recognition and financial profit. Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services. The system enables people with skill and enterprise to produce and market goods and services in the fairest possible conditions.
There are several kinds of trademarks. Trademarks may be one or a combination of words, letters, and numerals. They may consist of drawings, symbols, three-dimensional signs such as the shape and packaging of goods, audible signs such as music or vocal sounds, fragrances, or colors used as distinguishing features.
Solved Example: 13-3-01
_____________ is not a requirement for registration of a Trade Mark. (PG Diploma in IPR Paper III)
A. Capability of graphical representation
B. Capability of distinguishing goods or services of one undertaking from those of others
C. Capability of indicating connection in course of trade
D. The Trade Mark should be well known
Correct Answer: D
Solved Example: 13-3-02
Given below are two statements: One is labelled as Assertion (A) and the other is labelled as Reason (R).
Assertion (A): Trademark registration gives exclusive proprietary rights to the trademark owner.
Reason (R): A trademark is a recognizable sign, design or expression which identifies products or services of a particular source from those of others. and are used to claim exclusive proprietary rights of products or services.
In light of the above statements. choose the correct answer from the options given below :(UGC Paper II: Commerce Oct 2020 Shift I)
A. Both (A) and (R) are true and (R) is the correct explanation of (A)
B. Both (A) and (R) are true but (R) is NOT the correct explanation of (A)
C. (A) is true but (R) is false
D. (A) is false but (R) is true
Correct Answer: A
Definition of a trade secret.
Type of information that could be a trade secret.
Protection of trade secrets.
A trade secret is defined as any information that is:
Not generally known to the relevant business circles or to the public;
Confers some sort of economic benefit on its owner. This benefit must derive specifically from the fact that it is not generally known, and not just from the value of the information itself; and
The subject of reasonable efforts to maintain its secrecy.
A trade secret continues for as long as the information is maintained as a trade secret. Anything that is easily and completely disclosed by the mere inspection of a product put on the market cannot be a trade secret.
Examples of trade secrets are: The formula of Coca-Cola
Solved Example: 13-4-01
A piece of confidential business information whose secrecy gives you an advantage over your competitors is called:
C. Trade Secret
D. Moral Right
Correct Answer: C