IPR

What is Intellect?:

Intellect is an umbrella term used to describe a property of the mind that encompasses many related abilities, to solve problems, to think abstractly, to comprehend ideas, to use language, and to learn. There several ways to intelligence may include traits such as creativity, personality, character, knowledge, or wisdom. What is Intellect?

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Key Elements in Intellectual Knowledge Information Knowledge Creation/ Generation knowledge+ Imagination=intellect & Intellect is the imagination with Reasoning

Intellectual Property:

An intellectual (involving imagination and reason) is one who tries use his or her intelligence and analytical thinking in either his profession or personal pursuits. Product of the mind creativity is the Intellectual Property and Right to protect this property is the Intellectual Property Right. Intellectual Property

Intellectual Property Right (IPR):

The Intellectual Property Right (IPR) relates to the right of an individual to derives benefits from his Intellectual Property and to exclude others from doing so. Intellectual Property right are a bundle of exclusive rights over creations of the mind, both artistic and commercial. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic work; ideas, discoveries and inventions; and word, phrases, symbol, and design. Intellectual Property Right (IPR)

Key Elements Of IPR:

Copyrights Trademark Trade Secrets Patents Key Elements Of IPR

Copyright:

Copyright is legal term describing the economic rights given to creators of literary and artistic works, including the right to reproduce the work, to make copies, and to perform or display the work publicly. Copyright protects arrangement of facts, but it does not cover newly collected facts as such. Moreover, copyright does not protect new ideas and processes; they may be protected, if at all, by patent. Copyright

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Copyright works:- Literary Works Musical Works Dramatic Works Artistic Work Duration : Life of Author+50 years

Trademarks:

Trademark are commercial source indicators, distinctive signs that identify certain goods or services produced or provided by a specific person or enterprises. Trademarks are especially important when consumers and producers are far away from one another. Trademarks

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Trademark includes:- Well-known marks Domain names Geographical Indications Non-Traditional Marks

Trade Secrets:

Trade secrets are classified as any information that may used in the operation of a business and that is sufficiently valuable to afford an actual or potential economic advantage. Trade Secrets includes:- Financial Information Commercial Information Technical and scientific information Trade Secrets

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Example of trade secrets Like formula for products, such as the formula for Coca-cola. Advantages of trade secrets It includes unlimited duration. Lack of Legal formalities and requirements.

Patent:

A patent is the form of a certificate granted by a government. It gives the inventor the right to exclude other form imitating, manufacturing, using or selling the invention in question for commercial use during specified period. Patent is valid only in the country that has granted it. It is granted for an innovation, invention, process of producing a product, and a concept. Patent

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What is Patentable? “Any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof….” This includes Methods of Use Methods of Doing Business Only the inventor(s) may apply for a patent

Legal aspect of IPR in India:

The Copyright Act 1957 The Patent Acts 1970 The Trademark Act 1999 Amendment in copyright Act There is no amendment in copyright Act but some sections of this Acts are changed e.g. Section 2, 14, 38, 40, 52 etc. Legal aspect of IPR in India

Contd.:

Amendment in Patent Act 1970 1999 2002 2005 Amendment in Trademark Act 1999 Only one amendment i.e. The Trademark amendment Bill 2007. Contd.

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