IPR's Introduction to IPRs

INTRODUCTION TO
INTELLECTUAL
PROPERTY RIGHTS
Professor & Lawyer.
Puttu Guru Prasad
B.Com., M.B.A., M.Com., L.L.B., M.Phil.,
APSET., D.R.I.M., D.S.R.M.,L.L.M., PGDFTM.,
Pre PhD JNTUK.,

The Difference Between
Invention and Innovation

The Wheel, invented ca. 3,500
BC.

The Printing Press, invented by Bi Sheng (1045) in China and
Johann Gutenberg (1450) in Germany.

The Steam Engine, invented by Thomas
Savery (1698) in England

The Electric Light Bulb, invented by Thomas
Edison (1879) in the USA

Penicillin, discovered by
Alexander Fleming (1928) in
Scotland

The Internet, invented in the USA, 1983.

Now you can see the INNOVATIONS

Headphones That Make Wireless
Cool

Barbies That Look More Like
Real Girls

Solar Panels That Don’t Stick
Out

Sweet Potatoes That Could Save
Lives

A Bracelet That Helps Kids Give
Back

BASIS FOR
COMPARISON INVENTION INNOVATION
Meaning Invention refers to the
occurrence of an idea for a
product or process that has
never been made before.
Innovation implies the
implementation of idea for
product or process for the
very first time.
What is it? Creation of a new product. Adding value to something
already existing.
Concept An original idea and its
working in theory.
Practical implementation of
new idea.
Skills required Scientific skills Set of marketing, technical
and strategic skills.
Occurs when New idea strikes a scientist. A need is felt for a product or
improvement in existing
product.
Concerned with Single product or process. Combination of various
products and process.
Activities Limited to R & D
department.
Spread across the
organization.

What is the common trait in all the above persons.
The answer is , they were all used their brains, they were the creators,
they were the inventors and creative innovators.
Their inventions have the commercial appeal, the people all over the
world using their inventions like their services, products, and the
concepts.
They spent their valuable resources, time, and efforts, sacrificed their
societal life, even some of them sacrificed the family life also.
How they became worlds wealthiest persons, because their intellectual
property rights were protected by WTO, and all over the world who ever
uses their services or product, they will get the royalty.
Because of WTO their services or products cannot be copied or infringed
by unknown persons.
But in India still we are not following effectively the rules laid down by
the WTO. Here we have to educate our people to pay for their services or
products, we should not simply cut, copy paste their thoughts or services
and inventions Ex- MS Windows 10, cost Rs.8,000 to install, but in India
we simply pay Rs.100 for cracked version.

To protect their Inventions, Innovations and Business Models the WTO,
in association with WIPO established 7 verities of IPR’s. They are
1. Patents, 2. Copy Rights, 3. Plant Breeders Rights,
4. Industrial Designs, 5. Trade Secrets, 6. Trade Marks,
and 7. Geographical Indications .
WTO very strictly implementing the IPR Laws all over the world.
Because of Globalization and all the countries accepted the Rules laid
down by the WTO.
Because of Uniform IPR laws all over the world, now our Indian
Lawyers are getting very good demand in representing the MNC
companies claims in protect their IPR’s in India as well as in other
countries also.
The Government of India, recognised the need for very good demand for
Indian Lawyers, established 22 NALSAR National Level Law
Universitas and providing latest training in the international Laws for the
benefit of our Indian Law students.
The well reputed foreign Legal Firms are hiring our Indian Law Students
with good placement offers i.e. Rs.1 crore salary Per Annum.

Intellectual Property
 Intellectual Property is a property that
arises from the human intellect. It is a
product of human creation.
 Intellectual Property is the creation of the
human intellectual process and is
therefore the product of the human
intellect or mind.

Intellectual Property
 It is an intangible form of property.
 It is a personal property.
 It is a basic form of property.
 It is based on information.

What is IPR’s
 Intellectual property (IP) is a category of property that
includes intangible creations of the human intellect.
 There are many types of intellectual property, and
some countries recognize more than others.
 The most well-known types are copyrights, patents,
trademarks, and trade secrets.
 The modern concept of intellectual property developed
in England in the 17th and 18th centuries.
 The term "intellectual property" began to be used in
the 19th century, though it was not until the late 20th
century that intellectual property became
commonplace in the majority of the world's legal
systems.

Intellectual Property Law
 The main purpose of intellectual property law is to encourage
the creation of a wide variety of intellectual goods.
 To achieve this, the law gives people and businesses property
rights to the information and intellectual goods they create,
usually for a limited period of time.
 This gives economic incentive for their creation, because it
allows people to benefit from the information and intellectual
goods they create, and allows them to protect their ideas and
prevent copying.
 These economic incentives are expected to stimulate
innovation and contribute to the technological progress of
countries, which depends on the extent of protection granted to
innovators.

Real Property and
Intellectual Property(IPR)

The Commonality between
IPRs and Real Property
 When you own real property, you have certain rights that
go along with that ownership, including:
 Right to possession
 Right to control
 Right to use and quiet enjoyment
 Right to allow others a right to use (licenses and leases)
 Right to privacy and to exclude others
 Right to disposition or to transfer the property to someone
else by selling, gifting or inheritance
 Right to use property as collateral through a mortgage
 All the above rights are applicable for IPRs also.

Why Protect Intellectual Property
 Protect investment in time, money or other
resources used to create new contribution to
technology, commerce and entertainment.
 Governments encourage Creators to disclose
their creations to the public in order to promote
the progress of science and useful arts which are
the engines of development- inventors demand
this guarantee

Objects of Intellectual Property
 The objects of the rights covered by the
concept of intellectual property are
manifestations of human creativity.
-the form of the work;
-the invention; and
-the relationship between a symbol and
a business.

Protected Intellectual Property
 Invention by a patent or as trade secret.
 Utility models by a certificate or secret.
 Industrial Design by a certificate.
 Trade and Service Mark by a certificate.
 Copyright by reducing to a fixed form.

Protection of Intellectual
Property Conventions
 Paris convention – 1965
 UCC - 1966
 WIPO – 1967
 Geneva Convention – 1976
 ARIPO – 1978
 Brussels Convention – 1979
 Nairobi Treaty – 1982
 Bern Convention – 1993

Intellectual property laws such as
trademark laws forbid the sale of
infringing goods like these "McDnoald's"
and "NKIE" sandals.

Industrial Property
 Industrial Property Includes:
-Patents
-Utility Models
-Industrial Designs
-Trade Secrets
-Trade and Service Marks
-Geographical Indications
-Layout Designs of Integrated Circuits.

1. Patents
Definition
 A patent describes an invention for which the
inventor claims the exclusive right.
 Invention is a new solution to “technical”
problem. (product, process and new use)
 It must be new
 Have an inventive step
 Be Industrially applicable

2. Copyright
 Definition
Protection of cultural, artistic and literary
written works such as poems, novels,
articles, musical works, paintings,
cinematographic work, photographic,
sculpture and computer programs.

2. Copyright
 Copyright includes:
-Literary
-Artistic works
-Musical works

The 2020 Sunday Times Rich List
put J. K. Rowling’s net worth at
£795 million, which is just over
$1 billion USD. Here’s to hoping
she gives most of it away to
worthy causes that help
marginalized people.

3. Plant breeders Rights
(PBR)
 Plant Breeders Rights include:
-new varieties all plant species (except
algae and bacteria)

4. Industrial Design
 Industrial Design is the ornamental or
aesthetic aspect of a useful article of
industry. The aspect that gives special
appearance to a product of industry

5. Trade Secrets
 Trade secrets are a type of intellectual
property that comprise formulas,
practices, processes, designs,
instruments, patterns, or compilations of
information that have inherent economic
value because they are not generally
known or readily ascertainable by others,
and which the owner takes reasonable
measures to keep secret. In some
jurisdictions, such secrets are referred to
as confidential information.

6. Trade Marks and Service Marks
 A trade mark is a sign used on, or in
connection with the marketing of,
goods or services.
 Used “on” the goods means that it
may appear not only on the goods
themselves but on the container or
wrapper in which the goods are when
they are sold.

7. Geographical Indications
 A geographical indication (GI) is a sign used on
products that have a specific geographical origin and
possess qualities or a reputation that are due to that
origin.
 In order to function as a GI, a sign must identify a
product as originating in a given place. In addition, the
qualities, characteristics or reputation of the product
should be essentially due to the place of origin.
 Since the qualities depend on the geographical place
of production, there is a clear link between the product
and its original place of production.

Scotch Whisky
Champagne
Banginapalli
Kalamkari paint

Evolution of WTO
 To protect the Intellectual Property Rights of the
Individuals from copying by others, and to
create commercial value and income from that
invention or innovation, to settle the disputes
arising from such IPR’s by an effective legal
mechanism, to safeguard the interest of the
inventor, to apply uniform law and protecting all
forms of IPR’s, like 1.Patents, 2.Copy Rights,
3.Trade Marks, 4.Industrial Designs, 5.Plant
Varieties, 6.Geographical Indications, 7.Trade
Secrets globally.

Why Protect Intellectual
Property
 Fosters economic growth
 Provides incentives for technological
innovation, and
 Attracts investment that will create new
jobs and opportunities.

Patentable Subject Matter
 Human necessities: agriculture, foodstuff,
tobacco, personal or domestic articles,
health and amusement.
 Performing operations and transporting:
separating, mixing, shaping, printing and
transporting.
 Chemistry and metallurgy.
 Textiles and paper.

Patentable Subject Matter
 Fixed constructions: building, earth moving
and mining.
 Mechanical engineering, lighting, heating,
weapons, blasting including engines or
pumps and engineering in general.
 Physics: instruments and nucleonics.
 Electricity.

Unpatentable Subject Matter
 A discovery, scientific theory or
mathematical method;
 A literary, dramatic, musical or artistic
work, or any other aesthetic creation;
 A scheme, rule or method for performing
any mental act, playing a game or doing
business, or a program for a computer;
 Mere presentation of information.

Unpatentable Subject Matter
 Plant varieties, but not parts thereof or
products or biotechnological processes;
 Inventions contrary to public order,
morality, public health and safety,
principles of humanity, and environmental
conservation; and
 Any other invention that may be declared
non-patentable by the Minister in charge of
Industrial Property matters.

IPR's Introduction to IPRs

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