spectrum of IPRs.pptx notes on startup ecosystem

Editor's Notes

• #3: Simply put, Intellectual property or IP is a product of a human mind. All inventions or creations begin with an “idea”. Ideas by themselves, however, have little value. They need to be developed, turned into innovative products or services and commercialized successfully to reap the benefits. Once the idea becomes an actual product it can be registered as Intellectual Property. Similar to the way law recognises ownership in material possessions such as cars or homes, law also grants rights over intangible property or IP. These legal rights conferred are called “Intellectual Property Rights” or IPR.   Just like other types of property, the owners of IP can rent, give or sell IP to other people. These rights are mostly territorial in nature. For protection of IP in any country, one has to seek protection separately under the relevant laws. There are special mechanisms in place in various territories for providing protection to different types of IPRs. 
• #4: There are various types of Intellectual Property Rights. But, for the purpose of school sessions, we will be dealing with only 4 major IPRs which are –   1. Patent that protects new inventions.   2. Design that protects aesthetics or look and feel of a product which are non-functional in nature.   3. Trademark which is any word, name, symbol, shape or logo that lets us identify the goods made or services offered by an individual or a company.   4. Copyright that protects any Artistic, literary and musical works such as books, blogs, photographs, songs, music, plays, etc.   You will learn more about these IPRs from the experts, in the upcoming sessions.
• #7: As the author of the work, you alone have the right to do any of the following or to let others do any of the following: To produce the work in a material form To publish the work To perform work in public To produce, reproduce, perform or publish any translation of the work To make any cinematograph film, or a record in respect of the work To communicate the work by broadcast by radio, cable or satellite To make any adaptation of the work To do in relation to a translation or any adaptation of the work. However, having a copyright registration is a strong proof of your ownership. Mark your copyright work with the © symbol, your name of year of creation
• #8: Literary Works: books, newspaper articles, blog posts, novels, poems, instruction manuals, speeches, computer software. Musical works includes singing, music, but not song lyrics (these will be protected as literary works). This means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music. Activity: Does musical work include the lyrics of the following song? Dramatic Works includes plays, screenplays, TV scripts, mime, theatrical performance, etc. Artistic Works includes a painting, a sculpture, a drawing, an engraving or a photograph, work of architecture and any other work of artistic craftsmanship. The paintings made by an artist is a part of his copyright. Cinematograph Films- This means any work of visual recording and includes a sound recording accompanying such visual recording. Sound Recordings- Means a recording of sounds
• #10: Copyright protection given for a Photograph to a Photographer under The Copyright Act, 1957, is necessary.
• #11: Any sign, or any combination of signs, capable of distinguishing the goods or services of one product from another product, shall be capable of constituting a trademark. Such signs, in particular words including personal names, letters, numerals, figurative elements and combinations of colors as well as any combination of such signs, shall be eligible for registration as trademarks. A trademark should not be ‘identical’ or ‘similar’, see the previous slide which shows that a person buying the chips would be confused. Following things can be registered as a trademark: A word or a combination of words, Letters, Numerals, Drawings, Symbols, Three-dimensional In a single brand or logo, trademarks can let you know many things about a company’s reputation, products and services.    For example, “MAHARAJA MAC” is a word mark for burgers of the international fast food restaurant chain, McDonald's.    Other types of trademarks:   •      A logo (for e.g., the “GOOGLE” logo on the slide) •      Packaging (for e.g. the “PEPSI” bottle packaging) •      A Service Mark (for e.g. “VODAFONE” for mobile phone services) •      Non-Traditional Trademarks: Even a sound, smell, color, color combination or a shape can be a trademark under certain circumstances (presenter can give examples of the “COCA-COLA” bottle shape, “MGM” lion roar soundmark, purple color mark of “CADBURY”)    A trademark is a mark accorded with protection, intended to serve the purpose of recognizing the source/origin of the goods or services to which the particular mark belongs.    4.)   Trademark is a symbol of origin and source of a mark and bears the ‘stamp’ of quality. The trademark owner would always want to protect his mark from unfair usage and also from fraud and deceit.   
• #12: To register a mark in a territory, the applicant needs to submit a reproduction of it to the trademark office plus a full list of the goods or services to which it would apply. ENLARGE
• #16: An invention in simple terms refers to a new product or process, which is a technical advancement over the existing knowledge or has economic significance or both. For ex. television, telephone, internet, email, YouTube are all inventions. For an invention to be patentable, it needs to satisfy 3 criteria: It must be new, i.e. it is not something already existing in the current knowledge anywhere in the world, i.e. not in public domain in any form, before the filing of patent application. (Novelty) It must be non-obvious to any person who is skilled in the relevant field of technology. That is, the standard is a person reasonably skilled in such field of study and not a layman. (Inventive Step) Lastly, it must be capable of industrial application, i.e. capable of being applied to practical utilities and not just pure theory. (Industrial use) A person who invents a new car engine to run with water or waste material can after getting it patented, further grant a license to use his technology to some big automobile company for certain amount of money. The automobile company can use this technology to build a new sector in the cars market. A patent is valid within the territory of country where it is granted; however, protection can be availed in other countries by filing applications in relevant patent offices Development Commissioner (MSME), Ministry of MSME, Govt. of India has sponsored establishment of multiple Intellectual Property Facilitation Centres (IPFC) and Department of Science and Technology under Technology Information Forecasting and Assessment Council (TIFAC) has set up various Patent Facilitating Centres (PFC) throughout India
• #19: I INDELIBLE INK Used by the Largest Democracy in the World National Physical Laboratory, New Delhi. Licensee: M/s Mysore Paints & Varnish Ltd., Mysore This ink is being used for election purposes for the last 40 years in India and abroad. Ink is indelible because it contains a silver compound which chemically reacts with the pigment of the skin when exposed to light leaving a black colour on the skin. The Ink is being used not only in India but is being exported to more than 25 countriesII. Remote Controlled Power Tiller( RC-PT) Remote Controlled System for Power Tillers is developed for making the work of farming easier, comfortable and safer. This is an electro-mechanical gadget which goes as an attachment for power tillers. This technology offers farmer to operates the power tiller from a far of point without even getting into the field and stand peacefully under a shade avoiding exposure to elements and irritating engine noise. This also eliminates the chances of injury to the operator while running behind the Power Tiller in uneven field. It is also quite helpful for women farmers. III. CLOTH CLIP IV. Idli Maker
• #21: Sections 3 and 4 of the Patents Act deal with non-patentable inventions, the same being: 1. A frivolous invention or the one contrary to established natural laws is not patentable. 2. An  invention whose commercial exploitation is contrary to public order and morality or which causes serious prejudice to human, animal, plant or the environment is not patentable. 3. Mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature is not patentable. For eg: discovery of some form of natural gas or element cannot be patented. 4. Mere discovery of any new form of a known substance which does not result in the enhancement of the known efficacy of that substance or mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such process results in a new product or employs at least one new reactant cannot be patented. For Eg: crystalline form of a known substance. 5. Mere arrangement or re-arrangement or duplication of known devices, each functioning independently of one another in a known way. 6. A method of agriculture or horticulture. 7. Any process for the medicinal, surgical, curative, prophylactic diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products. For eg. process of carrying out a surgery or blood transfusion 8. Plants and animals as a whole or parts thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals. 9. A mathematical method or business method or algorithms or computer programme per se. 10. A mere scheme or rule or method of performing a mental act or method of playing game. For eg. Method for calculating the addition of numbers. 11. Inventions which are of traditional knowledge or an aggregation or duplication of known properties of the traditionally known component or components. 12. Section 4 excludes inventions relating to atomic energy falling within Section 20(1) of the Atomic Energy Act, 1962. This section states that no patents shall be granted for inventions which in the opinion of the Central Government are useful for or relate to the production, control, use or disposal of atomic energy or the prospecting, mining, extraction, production, physical and chemical treatment, fabrication, enrichment, canning or use of any prescribed substance or radioactive substance or the ensuring of safety in atomic energy operations.
• #22: Design Basics Industrial Designs are the features of shape, configuration, pattern, ornament or composition of lines or colours applied to the product which makes it look different from other articles in the market. The purpose of industrial designs is to add on to the aesthetic value of the product to increase the marketability while making our life easier. The Designs Act 2000 governs the provisions relating to designs in India and specifically mentions that the design to be registered must be visible on the finished article. Benefits of Registration Adds to aesthetic value of a product Increases marketability of a product Design registration can be used in Court Provides an exclusive right in the market hence establishes a better license position     Term of Design   The design protection is provided for 10 years. The period of protection is extendable to 5 years after the expiry of 10 years’ duration.   CRITERIA FOR A DESIGN: As per section 4 of Designs Act, 2000, a design which (a) is not new or original; or (b) has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or (c) is not significantly distinguishable from known designs or combination of known designs; or (d) comprises or contains scandalous or obscene matter, shall not be registered.  Further, design should not attract the provisions of section 5 of Designs Act, 2000 i.e not contrary to public order or morality. What can be registered as Design in India?   For a design to get registration, it should have the following features:   New - Must be new. A new design does not necessarily mean a completely new one, it can also be the application of a pre-existing design to a particular product for the first time Original Not Disclosed to public -  It is imperative that the design must not have been published or disclosed anywhere else in the world before filing of registration Distinct  Not against public morality Not Functional in Nature - If any product has any functional feature without which the use of that product is not possible then the design of that functional aspect cannot be registered. What cannot be registered as Design   Book covers Calendars Certificates Medals Greeting Cards Postcards Documents Forms, etc.  The inside arrangements of a a product (say money purse, box or an almirah, etc.) are not designs under the Act as their design is not visible at the surface when put on display  
• #26: 3 and 5 are Industrial Designs.1 is a painting hence covered under copyrights. 4 is a branding logo protected under Trademarks
• #27: Basics   Geographical Indication is primarily an agricultural, natural or a manufactured product (handicrafts and industrial goods) originating from a definite geographical territory.  Typically, such a name conveys an assurance of quality and distinctiveness which is essentially attributable to the fact of its origin in that defined geographical locality. People with a malicious intention to sell other variety of teas with the title/label “Darjeeling” can be punished. Some examples are Champagne Wine, Darjeeling Tea, Chanderi Saree, Kanchipuram Silk Saree, Nagpur Orange, Kolhapur Chappal, Bikaner Bhujia, Agra Petha, etc.   Term of a Geographical Indication   The registration of a geographical indication is valid for a period of 10 years. It can be renewed from time to time for further period of 10 years each.   Why should GI be protected in India?   Geographical Indications in India is protected under the Geographical Indications of Goods (Registration & Protection) Act, 1999 and the Geographical Indications of Goods (Registration & Protection) Rules, 2002. India is a rich storehouse of goods with reputation for quality which can be adduced to their geographical origin or place of manufacture, need to protect Indian Treasures The economic potential of these goods is enormous.  To prevent GI goods becoming generic  Need for a rule based system that is open, fair and provides for an enforcement mechanism  
• #31: Assam Tea Sikkim large cardamom Khasi Mandarin
• #32: Kani shawl Muga Silk Kangra painting
• #33: Feni Mysore Sandalwood oil
• #34: q. Bandar laddu Rasagulla