Basics of

(Intellectual Property Rights)

05 August 2023

BRCM College of Business Administrtion

Surat

Dr Anil Saraogi
Registered Patent Agent
[IN/PA 3435]
• Disruptive Business Model
• Other Sessions
• Object of this Session
• Importance of IP for Start-Ups / Enterprises
• DIPP Definition of Start-Up
• What is IP? What is IPR? Contents
• Features of IP
• Basic Types of IP: Trademark, Patent, Copyright,
Design
• Some Books Interaction
 Why IPR?
• Knowledge Economy
• Innovation Economy
• Innovation is New Currency
• Innovation creates WEALTH
2017 Global Scenario PATENTS

US China India

6,00,000 14,00,000 46000A 12000G

Importance of IP for
Start-Ups / Enterprises

• Investors : Does the business model have

some features that can preclude competitors
• FTO
• Potential IP Infringement Risk
 REAL Property Intellectual Property
physical invisible
Easy to test boundaries Not Possible
physically
Boundaries to property Not Possible !!
protected by physical FENCE

Boundaries also described in Here what is Ownership Document?

OWNERSHIP DEED Different types of IP ..
One type of document can’t describe all IP
Boundaries
Hence Different IPRs…Say Patent …Specifications…
Claims
Improvement in IC Engine
Difference Between IP & IPR
• Intellectual Property
– Ideas and/or Creations of
• mind/mental efforts/intellect
– having commercial Value
– Different from “REAL” Physical Property

• Intellectual Property Rights

– Legal Rights associated with an IP which are capable
of being protected &
– Has remedies in case of Infringement
Features of Intellectual Property
• Invisible / Intangible/
• Not manifested in Material
• Unlimited Consumption without being
depleted
• Difficult to Create…….Easy to replicate
(Windows 7, Book, Film)
• Difficult to protect
• Required concerted Intellectual Efforts
[Garage] 15
Features of Intellectual Property Rights
• Protectable by Law
• Enforceable
• Remedy
• Injunction Stop unlawful usage
• Damage/Monetary Compensation
• Capable of being described & Registered
16
Why Difficult to Protect

• Creations of Mind are so different

• One protection mechanism can’t

17
Objective of System of IP & IPR
• Evolving since 1893…BIRPI (The United International Bureaux for the
Protection of Intellectual Property)…. WTO.. Over 150 counties

• To recognize and reward ORIGINAL EFFORTS

• To protect such efforts from wrongful use by making
it “LEGAL OFFENCE”
• To provide economic incentive for creations
• To allow profit (Wealth Creation) from the IP
• Who gives the rights ?
• Why?
– Stimulate Innovation
– Technological Advancement of Country
– Development of Country
– Economic Growth of Country
– Well being of People

• What is expected in return? Quid Pro Quo

EIGHT Mechanisms to Protect [IPR]
Sr Type of IP Protection For what IP
1 Patent Innovations
2 Copyrights Creative/artistic work/Literary Works
3 Trademarks Marks used in Trade
4 Industrial Designs Aesthetic/external Shape of Goods
5 Layout Designs of Layout Designs of Integrated Circuit
Integrated Circuit
6 Geographical For Source of Goods from a particular region
Indications
7 Plant Varieties For new verities of Plants. E.g.. Rose plant bearing roses
of several colors
8 Trade Secrets For information of Commercial importance
20
Relevant Acts
• The Patents Act 1970 (Amended 2005)
• Copyrights Act, 1957
• Trademarks Act , 1999
• The Designs Act 2000
• The GI Act, 1999
• Semiconductor IC Layout Designs Act 2000
• Protection of Plant Varieties…., 2001
• Civil Procedure Code, 1908 | CrPc 1973 | IPC 1860
PATENTS
Protects Technical Innovations
What Right Use/make/sell/ offer for sale/import
Tenure 20 years
Renewable ? No
Essential Novelty, Non-Obviousness, Utility
Global ? No Global Patent
Global Treaty Patent Co-operation Treaty PCT, 1970
Act Indian Patents Act, 1970
Largest Wealth Creating IP
Very Costly, Risky and time Consuming to create this IP
Importance of
Encouraging inventions

• They change the way we live

• Steam Engine Aeroplane IC Engine
• Computers Printers Photocopiers
• Mobiles Televisions
• Fridge Split AC
• Projectors Sound Systems
• Google <- Motorola Mobility 12.5B$ [17000G 7500A}
• Kia Silverbrook 12000 Patents.. Canon…. Self
Innovations/Patents that have changed (or changing) our
lives

• Smartphones
• Drones •Bluetooth
• MagLev •Solar panel
• Drones
• Self Driving Cars
• 3D Printer
• Bionic Eye
• GPS (OLA UBER
ZOMATO)
 Trademarks
Protects Brands, Logo, Symbols, Taglines
Tenure 10 years
Renewable ? Yes Renewable Perpetually
Essential Utility, Novelty, Non-Obviousness
Global ? No Global Trademark Protection
Global Treaty Madrid Protocol
Act Trademarks Act, 1999
Mantra: Products don’t sell, Brands Sell
Only IP that can be protected perpetually
 COPYRIGHTS
Protects Artistic, Literary, Dramatic, Cinematic Works

Tenure Life of Author + 60 years

Renewable ? No
Essential Nothing much… Only Originality
Global ? Yes Global Protection
Global Treaty Berne Convention
Act Copyright Act, 1956
Only IP that can be protected globally
Only IP that can be protected without registration. Just Publication
& Copyright Notice Sufficient
= 25B$
= 1,70,000 Crore Rupees
= 2000 Crore Rupees
In Gold Terms

The Music CD you purchase is for

Private Consumption.

You can not play it in a public

Program
 Designs

Protects •Aesthetic part of Design of a Product

•Appealing to the Eyes only
•Design on a Saree
•Does not protect functional Part -> Patent
Tenure 10 years
Renewable? Once 5 years
Essential Nothing much… Only Originality
Global ? No Global Protection
Global Treaty No
Act Designs Act 2000
Relatively Week IP
1867 Samuel B Fay

2014
• Chen Xin 2014
• paper clip that can hold together thick piles of
paper
 What are inventions S 2(1)(j)
1. A New product or process involving
2. An inventive step and
3. capable of industrial Application

• Inventive Step: Feature of an invention that

– Involves technical advancement w.r.t. existing knowledge
or/and
– Having Economic Significance ( Cost/ Efficiency) AND
– Not obvious to POSA 2(1)(ja)
 Computer Related Inventions 3(k)
• Not patentable per se
• Recent Delhi High court Judgment
– more efficient database search strategies,
– more economical use of memory or
– higher speed, etc
Advanced Terminology
• FTO
• Technology Landscape
 Actual
• Patent Sample
• Trademark Sample
 What should you do?

• Follow Bill Gates….

• Do things Quickly
• Experiment Fast…
• Fail Fast …
• Learn Fast… Move on Fast..
• Don’t get stuck
• Of course think… But Do more..
• Wear your ATTITUDE… JUST DO IT !!!
 Some Books
• Zero to One Peter Thiel
• Lean Start Up Eric Ries
• High Performance Enterprise
(Subroto Bagchi INFOSYS – MINDTREE)
• No Shortcuts … By Nishtha Tripathi

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Rs 210/-
Thanks

SMA Patent & IP Attorneys

Ahmedabad I Surat
[email protected]
9825077678