AUDIT COURSE REPORT

ON

“INTRODUCTION TO INTELLECTUAL PROPERTY AND LAW”

Submitted to
SAVITRIBAI PHULE PUNE UNIVERSITY

In Partial Fulfillment of the Requirement for the Award of

S.E. COMPUTER ENGINEERING

SEMESTER IV

SUBMITTED BY

Student Name: Tripathi Ankit Manoj Exam No: S1907009949

Under the Guidance of

Prof. Sujata Jogdand-Gaikwad

DEPARTMENT OF COMPUTER ENGINEERING

ALARD COLLEGE OF ENGINEERING AND MANAGEMENT
MARUNJI, PUNE-57
(AFFILIATED TO SAVITRIBAI PHULE PUNE UNIVERSITY)
2024 – 2025

Introduction To Intellectual Property & Law

 CERTIFICATE

This is to certify that the Audit Course report entitles

“INTELLECTUAL PROPERTY RIGHTS AND PATENTS”

Submitted by

Student Name: Tripathi Ankit Manoj Exam No: S1907009949

Is a bonafide student of this institutes and the work has been carried out by him under the supervision of Prof.
Sujata Jogdand - Gaikwad and it is approved for the partial fulfillment of the requirement of Savitribai Phule
Pune University, for the S.E Computer Engineering.

Prof. Sujata Jogdand-Gaikwad Prof. Ganesh Wayal

Dept. of Computer Engg. Dept. of Computer Engg.

Place: Pune
Date:25-04-2025

Introduction To Intellectual Property & Law

 Acknowledgement

It is our privilege to express our sincerest regards to our class teacher, Prof. Sujata Jogdand-Gaikwad, for her
valuable inputs, able guidance, encouragement, whole-hearted cooperation and constructive criticism
throughout the duration of our audit course.

We deeply express our sincere thanks to our Head of Department Prof. Ganesh Wayal for encouraging and
allowing us to present the audit course on the topic “INTRODUCTION TO INTELLUCTUAL PROPERTY
AND LAW” at our department premises for the partial fulfillment of the requirements of S.E. Computer
Engineering.

Introduction To Intellectual Property & Law

 Abstract

Intellectual Property Rights (IPR) are legal protections granted to individuals and organizations for their
creations and inventions. These rights ensure that creators can control and benefit from their innovations,
fostering an environment of creativity and innovation. Among the various types of IPR, patents are crucial for
safeguarding inventions by granting exclusive rights to inventors for a specific period, typically 20 years.
Patents encourage technological advancements by providing inventors with incentives to disclose their
inventions in exchange for legal protection.

This paper explores the significance of patents in promoting innovation, the process of obtaining a patent, and
the challenges faced in patent protection, such as infringement and legal disputes. Furthermore, it examines the
global impact of patents in various industries, including pharmaceuticals, technology, and manufacturing. By
understanding IPR and patents, businesses and individuals can effectively protect their intellectual assets and
contribute to economic and technological growth.

Introduction To Intellectual Property & Law

 Table of Contents
Sr. No. Topic Page No.
1 Introduction to Intellectual Property Law 1-4
2 Introduction to trade mark 5-6
3 Introduction to copyrights 7-8
4 Introduction to trade secret 9-10
5 Conclusion 11
6 References 12

Introduction To Intellectual Property & Law

 CHAPTER 1: INTRODUCTION TO INTELLECTUAL PROPERTY LAW

1.1 What is Intellectual Property (IP)?

Intellectual Property (IP) refers to creations of the mind, such as inventions, literary and artistic works,
designs, symbols, names, and images used in commerce. IP law aims to protect these creations, granting creators
exclusive rights for a certain period.

1.2 Objectives of IP Law

⚫ Encourage innovation and creativity by granting temporary exclusive rights.
⚫ Promote economic growth through commercialization of IP.
⚫ Balance between the interests of creators and the public.
⚫ Ensure fair competition in markets by preventing unauthorized use.

1.3 Types of Intellectual Property

1. Copyright
Protects: Literary, artistic, musical, and dramatic works.
Examples: Books, songs, films, software, paintings.
Duration: Life of the author + 60/70 years (varies by jurisdiction).

Key Rights:
⚫ Reproduction
⚫ Distribution
⚫ Public performance
⚫ Adaptation

Limitations: Fair use, educational use, parody, etc.

2. Patent
Protects: New inventions (products or processes) that are novel, non-obvious, and useful.
Examples: New drugs, machinery, software algorithms (in some jurisdictions).
Duration: Typically 20 years from the filing date.

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Types:
1. Utility Patents
2. Design Patents
3. Plant Patents

Key Rights: Exclude others from making, using, or selling the invention.

3. Trademark
Protects: Distinctive signs that identify goods/services of a source.
Examples: Logos, brand names, slogans, jingles.
Duration: Indefinite, as long as it's in use and renewed periodically.
Key Rights: Prevent others from using confusingly similar marks.4

4. Trade Secrets
Protects: Confidential business information providing a competitive edge.
Examples: Recipes (like Coca-Cola), algorithms, marketing strategies.
Duration: Indefinite (as long as secrecy is maintained).
Protection: Through contracts, NDAs, and internal policies—no formal registration required.

5.Industrial Designs
Protects: The aesthetic aspects of a product.
Examples: Shape, configuration, surface pattern.
Duration: Usually 10–25 years, depending on jurisdiction.

6. Geographical Indications (GI)

Protects: Products originating from a specific location with qualities linked to that origin.
Examples: Champagne (France), Darjeeling Tea (India), Parma Ham (Italy).
Duration: Indefinite, as long as conditions are met.

1.4 International IP Framework

Major International Treaties
⚫ Paris Convention (1883) – Protection of industrial property.
⚫ TRIPS Agreement (1995) – Administered by WTO; sets minimum standards.
⚫ Madrid System – International trademark registration.
⚫ Patent Cooperation Treaty (PCT) – International patent application.
⚫ WIPO Copyright Treaty (WCT) – Digital rights protection.

Introduction To Intellectual Property & Law 2

1.5 Key Organizations
WIPO (World Intellectual Property Organization)
WTO (World Trade Organization)
National IP offices (e.g., USPTO, EPO, IPO India)

Figure.1: Intellectual property

1.6 Importance of IP Law
⚫ Encourages R&D and artistic creativity.
⚫ Boosts economic development via IP commercialization.
⚫ Facilitates foreign direct investment (FDI).
⚫ Protects consumers by ensuring authenticity and quality.
⚫ Helps startups and businesses gain competitive advantages.
⚫ Enforcement & Challenges

1.7 Enforcement Mechanisms

Civil Remedies: Injunctions, damages, account of profits.
Criminal Sanctions: Fines, imprisonment for piracy/counterfeiting.
Customs Enforcement: Border control of counterfeit goods.
ADR (Alternative Dispute Resolution): Mediation and arbitration.

1.8 Key Challenges

⚫ Piracy and counterfeiting
⚫ Lack of awareness
⚫ Cross-border enforcement
⚫ Balancing innovation and access (e.g., in pharmaceuticals)
⚫ Digital piracy and AI-generated content

Introduction To Intellectual Property & Law 3

 Figure.2: Internal audit process

Introduction To Intellectual Property & Law 4

 CHAPTER 2: INTRODUCTION TO TRADE MARK

⚫ What is a Trademark?
A trademark is a distinctive sign, symbol, word, phrase, logo, design, or a combination of these elements that
uniquely identifies and distinguishes a business's goods or services from those of others. It serves as a brand
identifier, helping consumers recognize and trust the quality of a product or service.

2.1 Purpose of Trademarks

The main purposes of trademarks are:
1. Consumer Protection: Ensures consumers can differentiate between genuine and
2. counterfeBrand Identity: Creates a unique recognition for products/services.it products.
3. Business Reputation: Builds goodwill and trust in the market.
4. Legal Protection: Grants exclusive rights to use the mark and prevents others from using a similar one.

2.2 Types of Trademarks

5. Word Marks: Simple text-based trademarks (e.g., "Nike," "Coca-Cola").
6. Logo Marks: Graphical symbols representing a brand (e.g., Apple logo, McDonald's golden arches).
7. Slogan Marks: Taglines associated with a brand (e.g., "Just Do It" by Nike).
8. Shape Marks: Unique product shapes (e.g., Coca-Cola bottle shape).
9. Sound Marks: Unique sounds that represent a brand (e.g., Intel startup sound).
10. Color Marks: Specific color schemes associated with brands (e.g., Tiffany & Co.'s blue).
11. Combination Marks: A mix of two or more elements (words, logos, etc.).
12. Trademark Registration Process
13. Trademark Search: Checking if the desired mark is already registered.
14. Application Filing: Submitting an application with relevant details and classifications.
15. Examination: Government authorities review the application for conflicts or objections.
16. Publication: The proposed trademark is published for public review.
17. Opposition Period: Third parties may oppose the registration.
18. Approval & Registration: If no opposition, the trademark is registered and protected.

2.3 Duration and Renewal

A registered trademark is typically valid for 10 years.
It can be renewed indefinitely every 10 years upon payment of renewal fees.

Introduction To Intellectual Property & Law 5

2.4 Trademark Infringement & Legal Protection
Trademark infringement occurs when an unauthorized party uses a similar mark that may confuse consumers.
Legal actions against infringement include:
⚫ Cease and Desist Letter: A warning to stop unauthorized use.
⚫ Legal Notice: Filing a lawsuit in court.
⚫ Monetary Damages: Compensation for losses due to infringement.
⚫ Injunctions: Court orders preventing further use of the mark.

Figure.3: Introduction to trademark

2.5 Difference Between Trademark, Copyright, and Patent

Feature Trademark Copyright Patent
Inventions, new
Protects Brand name, logo, slogan Literary, artistic, musical works
technologies
10 years, renewable
Duration Lifetime of creator + 50-70 years 20 years
indefinitely
Automatic, but registration
Registration Required for full protection Required
strengthens rights
Example Nike swoosh logo A novel, a song A new smartphone design
Table 2.1: Introduction to trade mark

Figure.5:Trade mark

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 CHAPTER 3: INTRODUCTION TO COPYRIGHTS

3.1 What is Copyright?

Copyright is a form of intellectual property that provides legal protection to creators of original works, including
literary, artistic, musical, and digital content. It grants the exclusive rights to reproduce, distribute, perform, and
display their work, ensuring that only the copyright owner can profit from their creation.

3.2 Purpose of Copyright Law

The primary goal of copyright law is to encourage creativity and innovation by giving creators control over their
works. It protects authors, musicians, filmmakers, software developers, and other creators from unauthorized
use or duplication of their work.

3.3 Types of Works Protected by Copyright

Copyright applies to a wide range of creative works, including:
⚫ Literary works (books, articles, poems)
⚫ Musical compositions (songs, lyrics, recordings)
⚫ Artistic works (paintings, sculptures, photographs)
⚫ Cinematographic works (films, videos)
⚫ Software programs (computer applications, code)
⚫ Architectural designs

3.4 Rights Granted Under Copyright

A copyright holder has several exclusive rights, including:
⚫ Right to Reproduce – Making copies of the work.
⚫ Right to Distribute – Selling, renting, or lending copies.
⚫ Right to Perform – Public performances, such as music or plays.
⚫ Right to Display – Showing the work publicly (e.g., artwork in an exhibition).
⚫ Right to Create Derivative Works – Adapting or modifying the original work (e.g., making a movie from
a novel).

3.5 Duration of Copyright Protection

The duration of copyright varies by country, but in general:
⚫ For individual authors, copyright lasts for the author’s lifetime + 50 to 70 years after death.
⚫ For corporate works (such as software or movies), copyright typically lasts 50 to 120 years from creation
or publication.

Introduction To Intellectual Property & Law 7

3.6 Fair Use and Exceptions
Some uses of copyrighted material are allowed without permission under fair use (U.S.) or fair dealing (other
countries). These include:
⚫ Educational purposes (teaching, research, criticism)
⚫ News reporting
⚫ Parodies and satire

3.7 Copyright Infringement & Legal Consequences

Unauthorized copying or distribution of copyrighted work can lead to legal penalties, including fines or lawsuits.
Many industries, especially the film and music industries, take strong action against piracy.

3.8 How to Obtain Copyright Protection?

Automatic Protection – Copyright applies as soon as the work is created in a fixed form (e.g., written down,
recorded).
Registration – In many countries, copyright can be officially registered to provide stronger legal proof of
ownership.

Introduction To Intellectual Property & Law 8

 CHAPTER 4: INTRODUCTION TO TRADE SECRET

4.1 What is a Trade Secret?

A trade secret is any confidential business information that provides a company with a competitive advantage.
Unlike patents, copyrights, or trademarks, trade secrets are not publicly disclosed and can be protected
indefinitely as long as secrecy is maintained.
⚫ Trade secrets can include:
⚫ Manufacturing processes
⚫ Formulas (e.g., Coca-Cola recipe)
⚫ Business strategies
⚫ Customer lists
⚫ Software algorithms

4.2 Characteristics of Trade Secrets

A piece of information qualifies as a trade secret if:
⚫ It is not publicly known – The information must be secret and not generally available.
⚫ It provides a competitive advantage – The secrecy of the information gives the business an edge over
competitors.
⚫ Efforts are made to maintain secrecy – Companies must take reasonable steps (e.g., non-disclosure
agreements, security measures) to keep the information confidential.

4.3 Examples of Trade Secrets

⚫ Coca-Cola’s secret formula – One of the most famous trade secrets, stored in a secure vault.
⚫ Google’s search algorithm – A proprietary method used to rank web pages.
⚫ KFC’s chicken recipe – A closely guarded mix of herbs and spices.
⚫ Apple’s product designs – Apple keeps upcoming designs secret to maintain market advantage.

4.4 Protection of Trade Secrets

Unlike patents, trade secrets do not require registration. Instead, businesses must implement protective
measures:
⚫ Non-Disclosure Agreements (NDAs) – Employees and partners sign legal agreements to prevent sharing
confidential information.
⚫ Restricted Access – Limiting knowledge of trade secrets to key personnel only.
⚫ Cybersecurity Measures – Encrypting digital files and securing databases.
⚫ Employee Training – Educating employees about the importance of trade secret protection.
Introduction To Intellectual Property & Law 9
4.5 Trade Secret Laws and Enforcement
Many countries have legal frameworks for trade secret protection:
⚫ United States: Defend Trade Secrets Act (DTSA) and Uniform Trade Secrets Act (UTSA).
⚫ European Union: EU Trade Secrets Directive.
⚫ International Treaties: TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights).

4.6 Trade Secret Theft and Legal Consequences

If a trade secret is stolen (misappropriated), businesses can take legal action. Misappropriation occurs when an
individual or competitor acquires trade secret information through illegal means (e.g., hacking, bribery, or
breach of contract). Penalties can include:
⚫ Civil lawsuits (damages, injunctions)
⚫ Criminal charges (fines, imprisonment)

4.7 Comparison: Trade Secret vs. Patent

Feature Trade Secret Patent

Protection Duration Indefinite (as long as secret is maintained) 20 years

Registration Required? No Yes

Public Disclosure? No Yes

Cost Low High (legal fees, filing costs)

Protection Scope Can only sue if stolen Exclusive legal rights

Table 2.1: Introduction to trade secret

Figure.4:Introduction to trade secret

Introduction To Intellectual Property & Law 10

 Conclusion

Intellectual Property Rights (IPR) and patents serve as cornerstones of modern innovation, creativity, and
economic development. By granting exclusive rights to inventors and creators, these legal protections encourage
research, foster competition, and ensure fair rewards for innovation.
Patents, in particular, play a crucial role in technological advancements by allowing inventors to monetize and
control their inventions for a limited period. This not only motivates businesses and individuals to invest in
research but also contributes to the expansion of industries, job creation, and global trade.
However, the IPR system faces challenges such as high costs of patent filing, patent trolls, and enforcement
complexities in the global market. Balancing protection and accessibility is essential to ensure that patents and
copyrights do not hinder public access to essential knowledge, medicine, and technology.
Going forward, continuous improvements in IP policies, increased awareness, and harmonization of global
patent laws will be crucial in maximizing the benefits of intellectual property while promoting fair use and
societal progress. Strengthening intellectual property frameworks will ultimately lead to a more innovative, fair,
and competitive global economy.

Introduction To Intellectual Property & Law 11

 Reference
⚫ · Books:

1. Cornish, W. R., & Llewelyn, D. (2013). Intellectual Property: Patents, Copyright, Trade Marks & Allied
Rights. Sweet & Maxwell.
2. Bainbridge, D. (2018). Intellectual Property. Pearson.
⚫ Academic Articles & Journals:
1. Maskus, K. E. (2000). "Intellectual Property Rights in the Global Economy". Peterson Institute.
2. Merges, R. P., Menell, P. S., & Lemley, M. A. (2018). Intellectual Property in the New
Technological Age.
⚫ Legal & Government Sources:
1. World Intellectual Property Organization (WIPO) - www.wipo.int
2. United States Patent and Trademark Office (USPTO) - www.uspto.gov
3. European Patent Office (EPO) - www.epo.org
⚫ · Web Sources & Reports:
1. World Trade Organization (WTO) - TRIPS Agreement (Trade-Related Aspects of Intellectual
Property Rights)
2. Stanford Law School - Center for Internet and Society

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