Introduction - Intellectual Property Rights Law In India, Industrial Laws Video Lecture | Industrial Laws - B Com

dear friends I am the new sing from
origin IP solutions LLP a vanload based
leading intellectual property rights
firm as you know in today's dynamic and
competitive business environment
intellectual property or IP is a key
element needed to maintain a competitive
edge in the market IP as a business
asset is an integral part of the
business process effective acquisition
management and protection of IP can mean
the difference between success and
failure in businesses today for business
growth of any enterprise it is important
to protect the innovation and ensure
that the IP rights of any third party
are not infringed purpose of this
presentation is to give you an overview
on intellectual property rights various
types of IP their importance and
business and roadmap to IP process the
term intellectual property as the name
suggests means creation of mind or the
intellect in our day-to-day life we come
across various forms of IP such as
movies songs electronic devices drugs
etc one acquires legal rights over IP
one such IP is registered this means
that in order to protect IP registration
under appropriate legal regime is
essential legally speaking the term
property essentially means a bundle of
Rights flowing from the concept of
ownership and possession with this
concept in the mind intellectual
property right or IPR can be defined as
the right held by a person over the
creation of this mind for a particular
period of time in a given jurisdiction
intellectual property acquires legal
rights in the form of patent copyright
trademark industrial design etc
it gives the Creator an exclusive right
over the use of his or her creation for
a certain period of time the US
Constitution has a specific reference to
IP and US Constitution authorizes
Congress to protect patents and the
article 1 section 8 Clause 8 which reads
as Congress shall have the power to
promote the progress of science and
useful arts by securing for limited
times to inventors the exclusive right
to their discoveries it is interesting
to note that Indian Constitution as no
mention of IP but just the word property
and hence all attributes of worth
property have been also assigned to IV
such as article 19 which speaks about
freedom to acquire hold and dispose of
property article 31 which speaks about
protection from deprivation of property
and article 32 which speaks about
property could be possessed or acquired
for public purpose only by law and only
on payment of compensation intellectual
property right is a collective term and
depending upon the type IP can be
protected under different legal regimes
patent is one of the most talked about
form of IP wherein the invention that
are noble industrially useful and are
non obvious to a person skilled in the
art get protection patent is a set of
exclusive rights granted by government
to an inventor or their assignee for a
limited period of time in exchange for a
public disclosure of an invention patent
rights are territorial that is a patent
granted in India is valid only in India
to have protection in other
is inventor is required to file patent
application separately in other
countries life of a patent is 20 years
from the date of filing now copyright
copyright is a right given by the law to
create this or literary dramatic musical
and artistic works and also produces of
cinematographic fills copulate gives
protection to the expression of an idea
and not to the idea itself for example a
software code which is an expression of
an idea and is protected as a literary
world under copyright law whereas the
idea behind the software may be
protected as a patent provided it
satisfies the criteria of patentability
the total term of protection for
literary world is author's life plus 60
years now come straight mark trademark
is a distinctive sign which identifies
certain goods or services as those
produced or provided by a specific
person or enterprise trademarks may be
one or combination of words letters or
numerals
it may also consist of drawings symbols
three-dimensional signs such as shape
and packaging of goods color is used as
distinguishing feature industrial design
industrial design means the feature of
shape configuration pattern ornament or
composition of lines or colors apply to
any article whether in two-dimensional
or three-dimensional or in both forms a
design is judged solely by the eye but
it does not improve any mode or
principle of construction or anything
which in substance a mere mechanical
device
semiconductor integrated circuits layout
designs app mm provides protection to
semiconductor IC layout designs
geographical indication a job graphical
indication is a sign used on goods that
have a specific geographical origin and
possess qualities or a repetition that
are due to that place of origin most
commonly a job graphical indication
consists of the name of the place of
origin of goods for example Darjeeling
tea kashmir Safran Chandni Savi Mysore
silk lid repair Quinn module wet grinder
China Patna boys and dolls etc now comes
trade secret a trade secret reference to
data or information relating to a
business and is generally not known to
the public
unwish the owner reasonably attempts to
keep secret and confidential coca-cola
is the most common example of a trade
secret which has been kept secret since
long traditional knowledge is knowledge
know-how skills and practices that are
developed sustained and passed on from
generation to generation within a
community often forming part of its
cultural or spiritual identity the
protection of plant variety and farmers
Rights Act 2001 provides for the
establishment of an effective system for
protection of plant varieties the rights
of farmers and plant breeders and to
encourage the development of new
varieties of plants
it is important to understand that while
protection of own IP is important but at
the same time it is equally important to
take precaution not to infringe any
third parties ie rights hence one should
protect own IP and respect others IP as
well here are few examples to show that
how third parties may misuse one's IP if
not protected properly for example in
Texas ricetec patent get modified
basmati rice which is traditionally
grown in India as well as Pakistan there
are 200 medicinal plants from a country
on which multinationals are trying to
take patents the fundamental question
asked by most of the people in
organizations is why is IP important for
us especially for service based
organizations where I will develop
during the process of execution of the
projects that belongs to the client it
is actually a tough question to answer
that's why that why is IP important
especially when we are not going to own
it however minimal IP is much beyond
just protection or registration of IP
the first reason why IP is important for
an organization is that it develops
culture of innovation inviting new ideas
from team members documenting them
appreciating and recognizing gesture of
the team movers helps immensely in
creating culture of innovation and
boosts spirits of the team
it helps in upgrading core technologies
and gives focus on direction to our body
for example if an organization is into
manufacturing of medical devices
assessment of existing patents that
relate to medical devices will be
extremely useful to add value to
existing products and further analysis
of the same may be helpful to assess
chance of IP infringement in fact during
waiting search when might come across
some interesting patients not filed in
the countries of interest which means
that they can be used without any fear
of infringement however legal advice is
a must before deciding to implement such
methods awareness of IP helps to
minimize patent infringement Chris
before a product launch it is critical
to ensure that patent rights of any
third parties are not infringed this
kind of search is called as clearance
search or freedom to operate search an
organization can build reputation in the
market by having good patents in its
name as soon as a patent application is
filed the products or process related to
such patent application may be labeled
as paper and pending or patent applied
form this can be used very well as a
marketing tool patents have intangible
assets and there have been various cases
where value of such intangible asset is
much more than tangible assets IP a
search can really add a lot of value to
the organization and can generate
revenue by various means
now the question is where to start from
well to start with you can always take
small steps and implement the process to
ensure that there is awareness of IP
within organization which in fact is the
first step
having good IP policy is a must to
address IP related issues however
enforceable agreements with employees
freelancers or contractors is essential
to protect confidential information or
create secrets of the organization's
state-of-the-art
is valuable information that is already
existing in the form of patrons or
non-parent literature such as articles
masks etc state-of-the-art may be taken
as a vital tool to fine-tune existing
technologies having knowledge of what is
already more are done by others is vital
for you to develop technologies further
due diligence and infringement analysis
in any case is essential to ensure that
one doesn't infringe IP rights of any
third parties confidential information
and trade secret is a valuable asset and
since it can't be registered it has to
be taken care of by maintaining
confidentiality of the same however
often organizations fail to identify and
hence protected and unfortunately one
such information is meat it is lost
forever and there is no way to recover
it back a nun's electronic and
futuristic concepts media limited we're
using digital transmission system
technology to manufacture visa bills in
India Philips has a patent protection on
this technology in the year 2003 Delhi
High Court ordered the two Indian
companies to stop manufacturing the visa
T's that infringed Philips digital
transmission system
so what's the lesson behind this using
technology protected by another company
can drive you even out of business
recently Apple was ordered to pay three
sixty eight point two million dollars in
damage to burn it for infringing for US
patents used in its FaceTime video
calling service the company was sued by
a small company Burnett X which has
registered a number of with your related
patents between 2002 and 2011 this is in
fact and excellent games to understand
strength of protection and enforcement
of wavelength as a tool to obtain
competitive edge in market as well as
use it for revenue generation we at
origin
IT solutions provide intellectual
property solutions specifically in the
area of faith and registration in India
and abroad registration of copyrights as
well as industrial design we also offer
services in the area of patron searches
drafting of contracts and license
agreements and training on intellectual
property law we provide end-to-end
solutions and services to the clients by
assisting them with identification
analysis protection management and
exploitation of IP in an appropriate
manner our mission is to enable our
clients to realize long-term value and
benefits from IP by identifying securing
exploiting and managing it in best
possible manual contribute to the
society and nation by making the
industry and academia aware about the
legal provisions and concepts of IPR in
a simplified manner
thereby enabling them to secure exploit
and manage it effectively
purpose of this presentation is to avoid
users on the basics of IPR for specific
issues related to idea it is strictly
recommended to pay professional advice
thanks for listening to the presentation
for any queries related to intellectual
property rights please feel free to
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