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Intellectual Property Rights
- 2. Intellectual Property Rights
Any unauthorized duplication,
publication or quotation from this
PowerPoint presentation, in part or
in whole, without the prior written
consent of the author constitutes a
violation of intellectual property
rights and will be subject to litigation.
© 2008-09
Warning
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- 3. Intellectual Property Rights
Intellect = Mental Power
Intellectual Property = Intellectual property is a
legal field that refers to creations of the mind
such as musical, literary, and artistic works;
inventions; and symbols, names, images, and
designs used in commerce, including copyrights,
trademarks, patents, and related rights.
Intellectual Property Rights = the holder of one
of these abstract properties has certain exclusive
rights to the creative work, commercial symbol,
or invention by which it is covered.© 2008-09
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- 4. Intellectual Property Rights
Intellectual property is the intangible but legally
recognized right to property in the products of
one’s intellect. Intellectual property rights allow
the originator of certain ideas, inventions, and
expressions to exclude others from using those
ideas, inventions, and expressions without
permission. The three traditionally recognized
forms of intellectual property are copyright,
trademark, and patent.
© 2008-09 4
- 5. Intellectual Property Rights
Main types of intellectual Property
•Copyrights and related rights
•Trade Marks
•Lay out Designs of Integrated Circuits
•Protection of Undisclosed Information (Trade Secrets)
•Patents
© 2008-09
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- 6. Intellectual Property Rights
•Copyright protects “Expressive work”.
•Trademark protects marks that are placed on
goods to distinguish them from other work.
•Patent protects “Inventions”.
© 2008-09
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- 7. Intellectual Property Rights
COPYRIGHTS
•India’s copyright law, laid down in the Indian
Copyright Act, 1957 as amended by Copyright
(Amendment) Act, 1999.
•India is party to the Geneva Convention for the
Protection of rights of Producers of Phonograms
and to the Universal Copyright Convention. India
is also an active member of the World Intellectual
Property Organization (WIPO), Geneva and
UNESCO.
© 2008-09
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- 8. Intellectual Property Rights
What can be copyright?
•Book, novel, technical reports, manuals,
painting, sculptures, photographs, music, songs,
plays, dramatic works, films, videos, television
and radio broadcasts, engineering, technical or
architectural plans, advertising, computer
software, databases.
© 2008-09
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- 9. Intellectual Property Rights
Exceptions to Copyright
•Copying for non-commercial research or private
study.
•Quoting for critique or review, with acknowledge
of the source.
•Reproducing an artistic work by hand as a class
assignment in an educational establishment.
© 2008-09
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- 10. Intellectual Property Rights
TRADE MARKS
A trademark is a mark that can be placed on goods to
distinguish them from other goods. Other marks distinguish
other things in commerce: service marks, for example,
identify providers of services. The term “trademark” is
often used to refer to the legal regime governing all
protected marks, and all such marks are sometimes
referred to as “trademarks.” Such distinguishing marks
constitute protectable subject matter under the provisions
of the “TRIPS Agreement”. The Agreement provides that
initial registration and each renewal of registration shall be
for a term of not less than 7 years and the registration shall
be renewable indefinitely.
© 2008-09
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- 14. Intellectual Property Rights
PATENTS – A protection for inventors
A ‘Patent’ gives an inventor exclusive
rights to use their invention for a limited
time. These rights will prevent other
parties from copying or selling the
invention without the permission of the
inventor.
© 2008-09
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- 17. Intellectual Property Rights
Types of Patents
•Utility patents
- functional or structural novelty
•Design patents
- ornamental designs
•Plant patents
- varieties of plants
© 2008-09
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- 22. Intellectual Property Rights
Criteria for Patent
•Utility
- must be useful, or have a use
•Novelty
- must be new
•Non-obvious
- the difference between existing art and
the invention must be sufficiently great
as to warrant a patent
© 2008-09
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- 23. Intellectual Property Rights
Question : An inventor writes a
computer program and is protected
from others copying it by………
A. Copyright
B. A Patent
C. A Registered Trademark
© 2008-09
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- 24. Intellectual Property Rights
Copyright protects software from
duplication and copying (ex: Microsoft can
prosecute those that copy MS Word)
Patents protect an algorithm or program
function
Trademarks protect a brand name of
software
© 2008-09
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- 26. Intellectual Property Rights
National Informatics Centre Department of
Information Technology
A-Block, CGO Complex, Lodhi Road
New Delhi - 110 003, India
Telephone : 91-11-24363239 Fax : 91-11-
24362628 bali@nic.in
“http://patinfo.nic.in/”
© 2008-09
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