INTELLECTUAL PROPERTY RIGHTS

INTRODUCTION OF IP
Intellectual property (IP) is a property right established in law to exclude others from using,
without authorisation, your intellectual creations. Intellectual property (IP) refers to creations of
the mind, such as inventions; literary and artistic works; designs; and symbols, names and
images used in commerce.
1. WHAT IS IPR /CONCEPT OF IPR
Intellectual property rights are the rights given to persons over the creations of their minds. They
usually give the creator an exclusive right over the use of his/her creation for a certain period of
time.
Intellectual property rights (IPRs) are legal protections for creations of the mind, such as
inventions, artistic works, and designs. IPRs can help protect the rights of the creator and provide
economic benefits, such as:
 Guaranteeing quality: IPRs can ensure that the quality of a product is maintained and its origin
is clear.
 Increasing market value: Owning a patent or trademark can increase the value of a business
and make it easier to find funding.
 Earning money: IPRs can be used directly or indirectly through licensing agreements.
 Competing with larger companies: IPRs can help smaller businesses compete with larger
companies.

OBJECTIVES OF IPR
Allowing people to profit financially or gain popularity from their inventions and creations. to
promote an environment where creativity and innovation can thrive by striking a balance
between the interests of innovators and the larger public interest.
2. What is Intellectual Property?
 Intellectual property (IP) refers to creations of the mind, such as inventions; literary and
artistic works; designs; and symbols, names and images used in commerce.

Intellectual Property rights mean providing property rights through patents, copyrights and
trademarks. Holders of intellectual property rights have a monopoly on the usage of property or
items for a specified time period. The term intellectual property began to be used in the 19th
Century. Only in the 20th century did it become part of the world’s legal systems.

3. What are the different types of intellectual property rights?

In India, there are 7 types of intellectual property rights, namely –

There are four main types of intellectual property rights, including patents, trademarks,
copyrights, and trade secrets. Owners of intellectual property frequently use more than one of
these types of intellectual property law to protect the same intangible assets.

1.copyright,
2. trademarks,

3. patents,

4.geographical indications,

5.plant varieties,

5.industrial designs and

6.semiconductor integrated circuit layout designs

7. Trade secrets

4. Why we need IPR? NEED OF IPR

1.IPRs aim to promote innovation and creativity by providing creators with exclusive rights to
their works, enabling them to monetize their creations and protect their ideas from unauthorized
use by others.

2.There are several types of IPRs, each designed to protect different kinds of intellectual
property.

3.IPRs aim to promote innovation and creativity by providing creators with exclusive rights to
their works, enabling them to monetize their creations and protect their ideas from unauthorized
use by others.

4.Intellectual property rights (IPRs) refer to the legal protections granted to the creators of
original works of the mind. These works can include inventions, literary and artistic works,
symbols, names, and images used in commerce.

5. Allowing people to profit financially or gain popularity from their inventions and creations. to
promote an environment where creativity and innovation can thrive by striking a balance
between the interests of innovators and the larger public interest.

6.IPRs are crucial for promoting innovation, creativity, and economic growth. They encourage
creators to invest time, resources, and effort into creating new products and ideas, knowing that
they will have the legal protection necessary to monetize and protect their creations

IPR IN INDIA

5. EXPLAIN THE IPR IN INDIA

These Intellectual property rights (IPR) are territorial rights that can be registered with a legal
authority in some presentable or tangible form which can be sold or bought or licensed, similar
to physical property.

Intellectual Property Rights in India

Since the inception of intellectual property rights, India has been committed to their preservation
in domestic as well as international frameworks.

 KAPILA: A systematic, comprehensive effort called "KAPILA, Kalam Programme for

IP Literacy and Awareness" addresses the current barriers in the innovation ecosystem,
particularly in our HEIs.
o This programme will raise appropriate awareness among students and faculty of
higher education institutions about the value of filing IP, the processes involved,
and the laws governing IP filing in India and worldwide.
 International membership:
o Being a member of the World Trade Organisation, India is committed to the
Agreement on Trade-Related Aspects of Intellectual Property (TRIPS
Agreement).
o India is also a member of the World Intellectual Property Organisation.

DIFFERENT CLASSIFICATION OF IPR

6. EXPLAIN THE DIFFERENT CLASSIFICATION OF IPR

Patent in Intellectual Property Rights

When an invention satisfies the requirements of general novelty, non-obviousness, and industrial
or commercial application, a patent is granted.

 Products as well as processes are eligible for patent protection.

 A patent gives the owner the authority to decide whether or how others may use an
invention.
 In exchange for this privilege, the holder of the patent publishes technical details about
the invention in the patent document for public consumption.

Copyrights

The legal term "copyright" is defined as the ownership rights of authors and artists over their
creative works.

 The works protected by copyright can include computer programs, databases,

advertisements, maps, and technical drawings, in addition to books, music, paintings,
sculptures, and films.
  Copyright protects the author's rights to literary and artistic works for at least 50 years
after the owner's death.
 The rights of performers (such as actors, singers, and musicians), phonogram producers,
and broadcasting organisations are all safeguarded by copyright and related rights.

Trademarks

A trademark can be defined as a symbol that can be used to separate the products or services of
one company from those of another company.

 Trademarks have existed since the earliest days when artisans would sign or "mark" their
creations.

Industrial Designs

Industrial design represents the decorative or aesthetic component of an object. The designs can
include two-dimensional elements like patterns, lines, or colours and three-dimensional elements
like the shape or surface of an object.

Geographical Indications

Geographical indications and appellations of origin are labels applied to products that have a
particular geographical origin and that have qualities, a reputation, or other characteristics that
can primarily be linked to that location of origin.

 The name of the location where the goods were made is most frequently included in a
geographical indication.

Trade Secrets

Trade secrets are intellectual property rights on private information (about a product, like Pepsi)
that can be licensed or sold.

 It is considered an unfair practice and a breach of trade secret protection when others
obtain, use, or disclose such secret information without authorization in a way that is
inconsistent with honest commercial practices.

International Bodies/Conventions on Intellectual Property Rights

To safeguard intellectual property rights, the international community has come up with various
conventions and established bodies

8.Types of Intellectual Property:

1. Patents: Patents grant exclusive rights to inventors for their inventions, preventing
others from making, using, selling, or importing the patented technology without
permission.
 2. Copyrights: Protects original artistic and literary works, giving creators exclusive
rights to reproduce, distribute, perform, and display their results.
3. Trademarks: Safeguards symbols, names, and phrases to identify and distinguish
products or services in the marketplace.
4. Trade Secrets: Include confidential business information, such as formulas,
processes, and customer lists, which provide a competitive advantage.
IP Management Stages:
1.Identification: Recognize all forms of intellectual property within a business,
whether created in-house or acquired from external sources.
2.Protection: Implement measures to safeguard IP rights, such as filing for patents,
registering copyrights and trademarks, and using non-disclosure agreements.
3.Commercialization: Determine how to extract value from IP, whether through
licensing, joint ventures, partnerships, or direct exploitation.
4.Enforcement: Actively monitor and enforce IP rights to prevent infringement and
unauthorized use by others.
2. IP Lifecycle:
1. Phase 1: Creation. The initial development of an innovative idea or invention that
IP rights can protect.
2. Phase 2: Protection. Application for legal protection (e.g., patent application,
copyright registration) to secure exclusive rights.
3. Phase 3: Commercialization. Exploration of various avenues to monetize IP, such
as licensing, selling, or integrating it into products and services.
4. Phase 4: Enforcement. Market monitoring for potential IP infringements and taking
legal action if necessary.
3. Pain points in IP Management:
1. Complexity: IP laws and regulations can be intricate and differ between
jurisdictions, requiring expert knowledge to navigate effectively.
2. Valuation: Determining the monetary value of IP assets can be challenging,
impacting decisions related to licensing, sales, and investments.
3. Globalization: As businesses operate across borders, managing IP becomes
complex due to differing legal systems and cultural norms.
4. Cybersecurity: Protecting digital IPs from threats and unauthorized access is a
growing concern.
5. Balancing Act: Businesses must balance the need to protect their IP with the desire
to share and collaborate with others in an open innovation environment.
PRINCIPLES OF IP MANAGEMENT

9. EXPLAIN THE PRINCIPLES OF IP MANGEMENT

1.The IP Principles identify and encourage best practice for the creation, record keeping, use,
sharing, protection, dissemination and commercialisation of IP. The IP Principles aim to assist
agencies to determine when professional (legal, financial and commercial) advice about IP
should be sought.
2.The main purpose of intellectual property law is to encourage the creation of a wide variety of
intellectual goods for consumers. To achieve this, the law gives people and businesses property
rights to the information and intellectual goods they create, usually for a limited period of time.

3.Intellectual Property (IP) allows people to own their creativity and innovations in the same way
that they can own physical property. Whilst these are the main familiar types, IP can be much
broader than this, such as confidentiality (or trade secrets), performer's rights etc.

4. The general principle in IP law is: the creator of intellectual property is considered to be the
owner of it. The effect of this principle can be significant: unless the commissioner and the
creator of a work or invention agreed otherwise in writing, the author or inventor can prohibit all
use of it.

5. By striking the right balance between the interests of innovators and the wider public interest,
the IP system aims to foster an environment in which creativity and innovation can flourish.

COMMERCILIASTION OF IPR

10. EXPLAIN THE COMMERCILISAION OF IPR

commercialization of IPR is to encourage people to bring new ideas and creations into. the
market and make it marketable and profitable.\

Commercialization in simple words refers to introducing new products or services in the market.
Around the world, several rules and regulations are made to ensure that Intellectual Property is
commercialized and protected.

The main motive of the commercialization of IPR is to encourage people to bring new ideas and
creations into the market and make it marketable and profitable.

Tools Involved in the Commercialization

The owner can make money from their IP rights by selling them, assigning them, or engaging in
various licensing agreements.

IPR serves a critical role as the legal vehicle through which information is transferred or
contractual relationships are formed. Internally, knowledge can also be used, in which case IP
laws serve to prevent clone competition. There are two main legal paths via which IP owners can
monetize their work:

i. Assignment of Intellectual Property

ii. Licensing of Intellectual Property

 I) Assignment An assignment is a type of direct sale of IP in which the owner transfers their
property to another company in exchange for an advanced payment. It is a legal instrument that
transfers IP ownership from one person to another.

Assignment agreements are crucial in IPR because they allow intellectual property owners to
transfer their intellectual property for Commercial benefits, guaranteeing that the intellectual
property may be used for profit.

ii. Licensing of Intellectual Property

11. EXPLAIN THE COMMERCILIASTION IPR BY LICENSING

Licensing IPR instead of selling them through one or more licensing agreements is a common
technique of commercialization. assignment agreements transfer ownership of IP from the
assignor to the assignee, whereas license agreements only allow the licensee to use the IP for a
set length of time. For any licensing agreement, several variables can be negotiated, including:

i. If the licensee agrees to the supplementary license,

ii. If the licensee’s rights are confined to that licensee or are not exclusive,
iii. What “territory” (as in any country/country) is relevant?
iv. What constraints (if any) exist in the fields of IP application (i.e., uses)?
v. What (if any) constraints exist on exploitation techniques (commercialization,
production, R&D)?
vi. What are the time restrictions (maturity criteria) that apply?
vii. What sums should be paid by the licensee (if any)?
viii. What is the royalty rate, and what are the terms and circumstances for other
concessions?

The licensee achieves quick company development with minimal capital expenditure by
utilizing this, Tool. The licensee’s capacity to use IP, on the other hand, is dwindling.

IPR IN THE CYBER WORLD

12. DISCUSS THE IPR IN THE CYBER WORLD

Intellectual property rights are primarily protected through copyright and patent laws. Copyright
laws protect original works of authorship such as musical compositions, literary works, and
software. Patent laws provide protection for inventions, such as computer hardware and
software.

Cyberspace is the non-physical domain where numerous computers are connected through
computer networks to establish communication between them. With the expansion of
technology, cyberspace has come within reach of every individual. This fact led to the
 emergence of cyberspace as a business platform and hence increases pressure on Intellectual
Property.

Copyright Infringement: Copyright protection is given to the owner of any published artistic,
literary, or scientific work over his work to prohibit everyone else from exploiting that work in
his name and thereby gain profit from it

Copyright Issues in Cyberspace:

1.Linking –
It permits a Website user to visit another location on the Internet. By simply clicking on a word
or image on one Web page, the user can view another Web page elsewhere in the world, or
simply elsewhere on the same server as the original page.
2.SoftwarePiracy –
Software piracy refers to the act of stealing software that is lawfully shielded. This stealing
comprises various actions like copying, spreading, altering, or trading the software. It also
comes under the Indian copyright act.

An example of software piracy is downloading a replica of Microsoft Word from any website
other than Microsoft to avoid paying for it as it is a paid software. Piracy can be of 3 types:

1. Soft lifting
2. Software Counterfeiting
3. Uploading-Downloading
3.Cybersquatting –
Cybersquatting means unauthorized registration and use of Internet domain names that are
similar to any business’s trademarks, service marks, or company names. For example, let us
consider Xyz is a very famous company and the company hadn’t created a website yet. A
cybersquatter could buy xyz.com, looking to sell the domain to the company Xyz at a later date
for a profit.

4.TrademarkIssuesinCyberspace :
Trademark means a mark capable of being depicted diagrammatically and which may
distinguish the products or services of one person from those of others and will embody the
form of products, their packaging, and combination of colors.

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