CSBS IIPM –Unit V

-Dr. Ganesh Kumar R

IPR –Intellectual Property Rights
• Meaning:
• IPR stands for "Intellectual Property Rights." This term refers to the
legal rights that individuals or businesses have over creations of the
mind, such as inventions, literary and artistic works, symbols, names,
images, and designs used in commerce. Intellectual property rights can
be protected through various legal mechanisms like patents,
copyrights, trademarks, and trade secrets. These rights grant the
creators or owners exclusive rights to use and control their intellectual
property, allowing them to benefit financially and legally from their
creations.
IPR –Significance:
1.IPR provides legal protection for inventions, designs, trademarks, and
creative works. This protection encourages individuals and
organizations to invest in research and development, leading to
innovation and technological advancements.
2.By granting exclusive rights to creators and inventors, IPR
incentivizes them to continue creating and innovating. This is crucial
for industries such as pharmaceuticals, software development, and
entertainment, where significant investments are required upfront.
3. IPR fosters economic growth by promoting a competitive market
environment. It allows creators and inventors to monetize their creations
through licensing, franchising, and selling, thus contributing to job creation and
overall economic prosperity.
4. Strong IPR protection attracts investments from domestic and foreign
entities. Investors are more likely to fund projects and ventures that are
protected by intellectual property rights, as it reduces the risk of imitation and
unauthorized use.
5. Trademarks and branding are essential components of IPR that help
businesses build and maintain their reputation. Protecting these assets
safeguards businesses from counterfeit products and unauthorized use of their
brand identity.
6. In industries like biotechnology, pharmaceuticals, and engineering, IPR
encourages companies to invest in research and development of new
technologies. This leads to the advancement of knowledge and the development
of groundbreaking products and services.
7. IPR plays a crucial role in international trade agreements and negotiations.
Countries with strong IPR frameworks are more attractive to foreign investors
and trading partners, facilitating smoother trade relations and economic
cooperation.
8. Copyrights and related IPR protections help preserve cultural heritage and
artistic expressions. They ensure that creators receive recognition and financial
rewards for their work, which in turn sustains cultural diversity and creativity.
9. IPR provides a structured legal framework for resolving disputes
related to intellectual property. This framework includes mechanisms
such as patent litigation, trademark infringement cases, and copyright
enforcement, which ensure fair competition and protection of rights.
10. IPR has a broader social impact by encouraging knowledge sharing,
fostering creativity, and supporting ethical practices in business and
innovation. It balances the interests of creators, consumers, and society
as a whole.
Types of IPR
1.Patents: Patents protect inventions and innovations. They grant the
inventor exclusive rights to use, make, and sell their invention for a
limited period, usually 20 years from the filing date.
2.Copyrights: Copyrights protect original works of authorship such as
literary works, music, art, software code, and other creative
expressions. Copyright holders have the exclusive right to reproduce,
distribute, perform, display, and create derivative works based on their
creations for a specific period, typically the author's lifetime plus 60
years.
3. Trademarks: Trademarks protect symbols, names, logos, slogans, and other
identifiers used to distinguish goods and services in the marketplace. They ensure
that consumers can identify and differentiate between products or services from
different sources.
4. Trade Secrets: Trade secrets protect confidential business information that
provides a competitive advantage, such as formulas, processes, customer lists, and
marketing strategies. Unlike patents, trade secrets do not require public disclosure
and can potentially last indefinitely as long as they remain secret and are protected.
5. Industrial Designs: Industrial designs protect the visual appearance or aesthetic
aspects of a product, such as its shape, configuration, pattern, or ornamentation.
These rights are often used to safeguard the unique design elements of products
that are not purely functional.
6. Plant Varieties: Plant variety rights (PVR) or plant breeders' rights (PBR) protect new
varieties of plants that are distinct, uniform, and stable. These rights allow plant breeders to
control the commercial use of their new plant varieties for a specified period.
7. Geographical Indications (GIs): Geographical indications identify products that originate
from a specific geographical location and possess qualities, reputation, or characteristics
attributable to that location. GIs protect against unauthorized use of the geographical name for
products that do not meet the specified criteria.
8. Utility Models: Utility models, also known as "petty patents" or "innovation patents" in
some jurisdictions, provide protection for incremental inventions that may not meet the
criteria for full patent protection. They offer a shorter and less stringent registration process
compared to patents.
9. Database Rights: Database rights protect the investment made in creating, verifying, and
presenting databases. They give the creators or compilers of databases the right to control
certain uses of the database contents.
IPR in India –Genesis and
Development
1.The Patents Act, 1970: This law governs the grant and protection of
patents in India. It outlines the criteria for patentability, rights
conferred by a patent, and procedures for patent registration and
enforcement.
2.The Copyright Act, 1957: This act deals with copyright protection
for literary, artistic, musical, and dramatic works, as well as computer
programs, films, and sound recordings. It grants exclusive rights to
creators and regulates the use of copyrighted works by others.
3. The Trademarks Act, 1999: This legislation governs the registration and protection of
trademarks, service marks, and trade names. It provides exclusive rights to trademark owners to use
their marks and prevent others from using similar marks in relation to similar goods or services.
4. The Designs Act, 2000: This act deals with the registration and protection of industrial designs.
It grants exclusive rights to designers of original designs applied to articles and outlines the
registration process and enforcement mechanisms.
5. The Geographical Indications of Goods (Registration and Protection) Act, 1999: This law
protects geographical indications (GIs) associated with goods that have a specific geographical
origin and possess qualities, reputation, or characteristics attributable to that origin. It provides legal
protection against unauthorized use and misuse of GIs.
6. The Plant Varieties Protection and Farmers' Rights Act, 2001: This act aims to protect the
rights of plant breeders and farmers by providing intellectual property protection for new plant
varieties. It establishes a system for the registration and protection of plant varieties and promotes
the sharing of benefits arising from the use of plant varieties.
Intellectual Property Rights
infringement
• Intellectual property infringement refers to the unauthorized use, reproduction, or distribution of someone
else's intellectual property, such as patents, trademarks, copyrights, or trade secrets. It can occur in various
forms, including:
1. This occurs when someone uses, reproduces, or distributes copyrighted material without the permission of the
copyright owner. Examples include copying and distributing books, music, movies, or software without
authorization.
2. This happens when someone uses a trademark (e.g., logo, brand name) that is similar to an existing trademark
in a way that causes confusion among consumers. It can include using a similar logo, name, or design.
3. Patent infringement occurs when someone makes, uses, sells, or imports a patented invention without the
permission of the patent holder. This can include both direct copying of the invention and creating a
substantially similar product or process.
4. This involves the unauthorized use or disclosure of confidential information or trade secrets belonging to
another party. It can include stealing formulas, processes, or customer lists that are protected as trade secrets.
Penalties for Intellectual Property
Rights infringement
• Intellectual property rights infringement can lead to various consequences,
both civil and criminal, depending on the severity and circumstances of the
infringement. Here are some common punishments and consequences:
1.
Courts can issue injunctions that prohibit further infringement or require the infringer
to cease specific activities.
Infringers may be liable to pay monetary damages to the IP holder. These damages
can be actual damages (financial losses suffered by the IP holder) or statutory
damages (pre-determined amounts set by law).
The court may order the infringer to account for any profits made from the
infringement and pay those profits to the IP holder.
In some cases, counterfeit or infringing goods may be seized and destroyed.
2.
Individuals or entities found guilty of serious IP infringement may face substantial fines.
In severe cases, criminal infringement can lead to imprisonment for the infringer. The duration of
imprisonment varies by jurisdiction and the nature of the offense.
Courts may order the confiscation of assets obtained through criminal IP infringement.
A conviction for IP infringement can result in a criminal record, which can have long-term consequences
for the individual or entity.
3.
Being involved in IP infringement can damage the reputation of individuals or businesses, leading to loss
of trust and credibility in the market.
In addition to legal penalties, infringers may face civil lawsuits from affected parties seeking damages or
other remedies.
In some cases, individuals or businesses convicted of IP infringement may become ineligible for certain
government benefits, contracts, or subsidies.
• Relationship between Innovation and IPR:
1.IPR provide creators and inventors with exclusive rights to their creations,
encouraging them to invest time, resources, and effort into innovation without
fear of immediate imitation or infringement.
2.IPR protection safeguards intellectual assets such as patents, copyrights, and
trademarks, enabling companies to commercialize their innovations, attract
investment, and gain a competitive edge in the market.
3.There is a delicate balance between promoting innovation through IPR
protection and ensuring access to knowledge and technology for broader societal
benefits. Striking this balance requires a nuanced approach that considers both
incentives for innovation and public interests such as affordability, accessibility,
and sustainability.
IPR –Global Context
1.Several international treaties and agreements govern IPR at a global level.
These include the Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPS Agreement) under the World Trade Organization (WTO), the
Paris Convention for the Protection of Industrial Property, the Berne
Convention for the Protection of Literary and Artistic Works, and the Patent
Cooperation Treaty (PCT), among others. These agreements set standards for
the protection and enforcement of intellectual property across borders.
2.In today's globalized economy, businesses operate across borders, necessitating
strong IPR protection to safeguard their innovations and creations from
infringement. Strong IPR regimes encourage trade and investment by providing
assurance to companies that their intellectual property will be protected in
foreign markets.
3. IPRs play a crucial role in technology transfer and innovation diffusion. They allow inventors and creators to
license their intellectual property to others, fostering collaboration and knowledge sharing. Strong IPR
protection encourages companies to invest in research and development, leading to technological
advancements and economic growth.
4. Globalization has also facilitated the spread of counterfeit goods and piracy, which undermine the rights of
legitimate creators and businesses. Strong enforcement mechanisms, including border controls, penalties for
infringement, and international cooperation, are essential to combat these illicit activities and protect the
integrity of intellectual property rights.
5. Balancing IPR protection with the need for access to essential knowledge, particularly in areas such as
public health, agriculture, and environmental sustainability, is a key consideration in the global IPR landscape.
Initiatives like compulsory licensing, technology transfer agreements, and patent pools aim to ensure that
critical innovations are accessible for public benefit while respecting intellectual property rights.
6. With rapid advancements in technologies like artificial intelligence, biotechnology, and digital platforms, the
challenges and opportunities related to IPR in the global context continue to evolve. Issues such as data
ownership, algorithmic inventions, and ethical considerations in innovation raise complex legal and policy
questions that require ongoing international dialogue and cooperation.
Patents
• A patent is a legal document granted by a government that gives an
inventor the exclusive right to make, use, and sell their invention for a
limited period, typically 20 years from the filing date of the patent
application. This exclusivity allows the inventor to prevent others
from making, using, or selling their invention without permission,
providing them with a competitive advantage in the market. In
exchange for this monopoly, the inventor must disclose the details of
their invention in the patent application, contributing to the body of
public knowledge. Patents are a key part of intellectual property rights
and are intended to encourage innovation by rewarding inventors for
their creations.
Types of Patents
• There are several types of patents that serve different purposes and
protect various aspects of inventions and innovations. Here are the
main types:
1.Utility Patents: These are the most common type of patents and cover
new and useful processes, machines, manufactured items, and
compositions of matter. They provide protection for how something is
used or works.
2.Design Patents: Design patents protect the ornamental or aesthetic
aspects of an invention. They are granted for new, original, and
ornamental designs of manufactured items.
3. Plant Patents: These patents are specifically for new and distinct varieties of plants
that have been produced by methods such as grafting or cutting.
4. Software Patents: These patents cover inventions related to computer programs,
algorithms, and software processes. They can be considered a subset of utility patents,
focusing on innovations in the realm of technology and software development.
6. Biotech Patents: Biotech patents cover inventions related to biological processes,
genetic engineering, pharmaceuticals, and medical treatments. They are often complex
due to the nature of the innovations they protect.
7. Provisional Patents: A provisional patent application provides temporary
protection and establishes a filing date for an invention. It allows inventors to use the
term "patent pending" and gives them time to further develop their invention before
filing for a non-provisional patent.
Copyrights
• Copyrights are a type of intellectual property protection that grants the creator of
an original work exclusive rights to its use and distribution, usually for a limited
time, with the intention of enabling the creator to receive compensation for their
intellectual effort. These rights typically apply to literary, artistic, musical, and
other creative works. Validity period of copyright is till 60 years after the death of
copyright holder.
• In most countries, copyright protection is automatic as soon as a work is created
and fixed in a tangible form, such as a written manuscript, a recorded song, or a
piece of software. However, registering a work with a copyright office can
provide additional legal benefits and protections, such as the ability to sue for
statutory damages and attorney's fees in case of infringement.
• Copyrights generally give the owner the exclusive rights to:
Reproduce the work (make copies).
Distribute copies to the public.
Display or perform the work publicly.
Create derivative works based on the original (such as translations, adaptations, or
remixes).
License or sell these rights to others.
• Copyright protection typically lasts for the life of the author plus a certain number
of years after their death (often 50 to 70 years, depending on the jurisdiction).
After the copyright expires, the work enters the public domain and can be freely
used by anyone.
Types of Copyrights
• Copyright protects various types of creative works. Here are some common types of copyrights:
1. Literary Works: This category includes books, articles, poems, computer programs, databases, and other
written materials.
2. Artistic Works: This covers paintings, drawings, sculptures, photographs, graphic designs, and other visual
artworks.
3. Musical Works: This includes compositions, song lyrics, musical scores, and arrangements.
4. Dramatic Works: This category covers plays, scripts, screenplays, and other theatrical works.
5. Audiovisual Works: This includes films, videos, television programs, and multimedia presentations.
6. Architectural Works: This covers the design of buildings and other structures.
7. Software: Copyright also protects software programs and applications, including their code and user
interfaces.
8. Choreographic Works: This category includes dance routines and choreographed performances.
9. Sound Recordings: This covers recorded music, spoken word recordings, and other audio content.
Trademarks
• Trademarks are symbols, words, phrases, designs, or combinations
thereof that represent and distinguish goods or services of one party
from those of others. They serve as identifiers of the source of the
products or services and help consumers differentiate between various
offerings in the marketplace. Trademarks can be registered with
government authorities to obtain legal protection, granting the owner
exclusive rights to use the mark in connection with their goods or
services within a specified geographic area and for a certain period.
Trademarks: types
• Trademarks can be categorized into several types based on their
distinct characteristics or the nature of the goods or services they
represent. Here are some common types of trademarks:
1.Word Mark: This type of trademark consists of a single word or
multiple words without any design elements or stylization. Examples
include "Apple" for electronics or "Nike" for sportswear.
2.Design Mark: Design marks are based on graphical elements, logos,
or stylized designs without any words. The logo of a company like
Starbucks or the Nike "swoosh" are examples of design marks.
3. Combination Mark: Combination marks combine both words and
design elements. These trademarks can include a stylized logo along
with the company name. For instance, the McDonald's golden arches
logo with the company name.
4. Sound Mark: Sound marks are trademarks based on distinctive
sounds or musical jingles. Examples include the Intel jingle or the NBC
chimes.
5. Scent Mark: Scent marks are trademarks based on specific smells or
fragrances associated with a product or service. However, obtaining
trademark protection for scent marks can be challenging.
6. Color Mark: Color marks are based on specific colors or color
combinations. For example, the distinctive pink color of Owens Corning
insulation or the brown color of UPS delivery trucks.
7. Trade Dress: Trade dress refers to the overall appearance and
packaging of a product or service that distinguishes it from others in the
market. This can include elements such as product packaging, store
design, or even the layout of a website.
8. Certification Mark: Certification marks are used to indicate that a
product or service meets certain standards or qualifications set by an
independent organization. For example, the "UL" mark for electrical
safety certification.
9. Collective Mark: Collective marks are used by members of a group,
association, or organization to indicate membership or affiliation. These
marks are typically used to show that products or services come from a
particular group of producers or providers.
10. Service Mark: Service marks are used to identify and distinguish
services rather than tangible goods. They function similarly to
trademarks but apply specifically to services.
Trade Secrets
• Trade secrets are confidential pieces of information that provide a
business with a competitive advantage over others. These secrets can
include formulas, processes, methods, designs, patterns, techniques, or
compilations of information that are not generally known or easily
accessible to others outside the business. The key characteristic of a
trade secret is its secrecy, as it is not publicly disclosed and is
protected through various measures to prevent unauthorized use,
disclosure, or theft by competitors or third parties.
Types of Trade secrets
1.Customer Lists: Detailed lists of clients, their preferences, buying
habits, contact information, and other relevant data that gives a
business an edge in marketing and sales strategies.
2.Manufacturing Processes: Proprietary methods, techniques, or
formulas used in manufacturing products, which could include specific
combinations of ingredients, machinery setups, or quality control
procedures.
3. Software Algorithms: Complex algorithms, coding techniques, or
software architectures that are unique and essential to the functioning of a
software product or service.
4. Research and Development Data: Information related to ongoing
research, experimental data, prototypes, and scientific discoveries that are
not publicly disclosed and provide a competitive advantage in product
development.
5. Business Strategies: Confidential plans, strategies, and tactics related
to marketing, pricing, distribution, partnerships, and other aspects of
business operations that are kept secret to maintain a competitive edge.
6. Financial Data: Non-public financial information such as budgets,
profit margins, cost structures, pricing strategies, and investment plans
that are crucial for making strategic business decisions.
7. Supplier and Vendor Information: Details about suppliers, vendors,
contractors, and partners, including pricing agreements, contract terms,
and other business relationships that contribute to a company's
competitive advantage.
8. Customer Feedback and Insights: Detailed analysis, feedback, and
insights gained from customer surveys, market research, focus groups,
and customer interactions that help in improving products, services, and
customer experience.
9. Inventions and Patents in Progress: Information about new
inventions, patent applications, pending patents, and innovative ideas
that have not yet been publicly disclosed and are critical for future
business growth.
10. Trade Formulas and Recipes: Specific recipes, formulations,
blends, or combinations of ingredients used in food and beverage
products, cosmetics, pharmaceuticals, and other industries where unique
formulations provide a competitive advantage.
Industrial Designs
• Industrial design refers to the process of creating and developing
products with a focus on aesthetics, functionality, usability, and
manufacturability. It involves integrating artistic and ergonomic
principles into the design of products that are mass-produced and
intended for use by consumers or in commercial settings.
Considerations in industrial designs
1.Creating visually appealing designs that resonate with consumers and
reflect the brand identity of the product or company.
2.Ensuring that the product performs its intended functions effectively
and efficiently, meeting the needs of users.
3.Designing products that are easy and intuitive to use, considering
factors such as ergonomics, user interfaces, and accessibility.
4.Developing designs that can be feasibly and economically mass-
produced using appropriate manufacturing processes and materials.
5.Incorporating new technologies, materials, and design concepts to
improve the quality and performance of products.
Common types of Industrial Designs
• Industrial design encompasses a wide range of products and sectors,
each with its own specific requirements and considerations. Here are
some types of industrial designs:
1.This includes the design of smartphones, tablets, laptops, cameras,
headphones, and other electronic gadgets.
2.Designing vehicles, both interior and exterior elements, such as cars,
trucks, motorcycles, and public transport.
3. Creating furniture pieces such as chairs, tables, sofas, cabinets, and
lighting fixtures, considering aesthetics, functionality, and ergonomics.
4. Designing packaging for products like food items, cosmetics,
electronics, and household goods, focusing on visual appeal, protection,
and user experience.
5. Designing equipment and machinery used in manufacturing
processes, agriculture, construction, and other industrial sectors.
6. Designing equipment and tools used in healthcare settings, including
diagnostic machines, surgical instruments, and assistive devices.
7. Designing clothing, footwear, accessories, and textile patterns,
considering trends, comfort, materials, and functionality.
8. Designing household appliances such as refrigerators, washing
machines, ovens, and vacuum cleaners, focusing on usability, energy
efficiency, and aesthetics.
9. Designing lighting fixtures for residential, commercial, and outdoor
spaces, considering functionality, energy efficiency, and visual impact.
10. Designing equipment and gear for various sports and recreational
activities, such as bicycles, skis, helmets, and fitness machines.
11. Creating tools and equipment for professionals and DIY enthusiasts,
including hand tools, power tools, and workshop accessories.
12. Designing machines used in the packaging industry, such as fillers,
sealers, labeling machines, and conveyor systems.
Geographical Information (GI) tags
• A Geographical Indication (GI) tag is a type of intellectual property
right that identifies a product as originating from a specific
geographical location, region, or locality where it has acquired unique
qualities, reputation, or characteristics due to that location. GI tags are
used to protect and promote products that have distinct qualities or
attributes associated with their geographical origin. These tags help
consumers identify authentic and high-quality products while also
supporting local economies and preserving traditional knowledge and
practices.
Types of GI tags
• Geographical Indication (GI) tags can be broadly categorized into a
few types based on their nature and scope:
1.These tags are granted to specific products that have qualities or
reputation attributable to their geographical origin. Examples include
Darjeeling Tea, Kanchipuram Silk, and Alphonso Mango.
2.GI tags can be given to agricultural products such as fruits, vegetables,
grains, and spices. For instance, Basmati Rice from certain regions in
India or Roquefort Cheese from France.
3. Many artisanal crafts and products also receive GI tags, protecting their
unique production methods and quality. Examples include Channapatna
Toys from Karnataka, India, and Chanderi Sarees from Madhya Pradesh,
India.
4. This category includes food and beverage items like wines, spirits,
cheeses, meats, and other specialty foods.
5. Some GI tags are granted to industrial products that have a unique
quality or reputation based on their origin. This can include machinery,
equipment, or manufactured goods with distinct characteristics.
6. GI tags can also apply to natural resources such as minerals, stones, and
ores that are unique to a particular geographical area.
Application and Registration Process
-IPR
1.
Determine whether you want to protect a trademark, patent, copyright, or
industrial design.
2.
Before applying for registration, it's advisable to conduct a search to ensure that
your intellectual property doesn't infringe upon existing rights. For trademarks,
you can search the trademark database; for patents, you can search patent
databases; and for copyrights, you can search copyright registries or databases.
3.
Gather all necessary documents required for the application. This may include:
For trademarks: logo/design, description of goods/services, proof of use (if applicable).
For patents: detailed description of the invention, drawings (if needed), claims, and any other required
documentation.
For copyrights: copies of the work (e.g., music, writing, software), description, and authorship information.
For industrial designs: drawings or images of the design, description, and any other required documents.
4.
Submit the application along with the required documents to the relevant intellectual property office
or authority. Each type of IPR has its own designated office (e.g., trademark offices, patent offices,
copyright offices).
5.
After filing, your application will undergo an examination process conducted by the respective office.
This process includes reviewing the application for compliance with legal requirements, conducting
searches (if applicable), and examining the uniqueness or inventiveness of the intellectual property.
6.
For some types of IPR, such as trademarks, the application may be published for public inspection.
During this period, interested parties may oppose the registration if they believe it infringes upon their
rights.
7.
If the application is successful and meets all requirements, the intellectual property will be registered, and
a registration certificate will be issued. This certificate serves as proof of ownership and provides legal
protection.
8.
Depending on the type of IPR, you may need to maintain and renew your registration periodically by
paying fees and fulfilling other requirements. For example, trademarks and patents often require renewal
to remain in force.
9.
Once registered, you can enforce your intellectual property rights against unauthorized use or
infringement by taking legal action against infringers.