Ipr CH 2
Ipr CH 2
Syllabus
Introduction to different types of IPR patents, Industrial Designs, copyrights, trademarks, trade
secrets, Geographical Indications and Plant Varieties. Real world case studies highlighting the
economic impact of each type of IPRs.
Contents
2. 1 Introduction to Intellectual Property Rights (IPR) Patents
2.2 Types of IPR Patents
(2 - 1)
PtOP8_r1YR;ghts rtY Rights (IPR) Patents lnta/lsctual Property Rights 2-3 Various Types of IPR and ,ts Economic Impact
tn1e11ec1ua1 I proPe
. to 1ntellectua . growth, Intellectual Prope .
roduct1on econonuc I tlies
fll lnt e-driven ornic deve opment, inn ovati
)alowle g d ging econ
• In the modern . for encoura f IPR is patents, which provide OJi
essenual nents o th . . e~
(IPR) are tl keY comPo . them to protect err 1nnovative .Id
. . One of ,e a]JoWlng .
creauv1ty. and creators, . or distribut10n.
ri hts to inventors . d use, copying . .
g unauthonze titutional nght denved from .
creations from rise cons ll1te
rights colllP J1'terature and the arts. These righ ts
n t al prope sector, sc1·e.nee'n ctual products and services by
rt)'
lnte e~ u tors of
effort m the sec rs of JJJte e . p
11 as produce overn their usage. Protected .
inventors as we . .me rights to g in1e11
. restricted 1n ti can be traded, possessed, sold or p Bluetoolh as an option for dala transfer.
them certaUl tl r proper!Y, . Ure The first telephone was invenled and
Wireless Technology
roper!Y rights, like any o ,e usted forms of consumption. parented by Alexander Graham Bell in 1876.
Invented by : Jaap Haartsen
p . 'ble. non-exha
These are mtangJ , US Palen! Number 174,465 US Patent No. : 6,590,928
fl) Types of IPR Patents . • Consider a firm that has created a new and creative method of purifying water
f IPR patents, each designed to protect different l}1XI by combining filters and chemicals. This corporation can seek a utility patent
that will safeguard its idea. If approved, the patent will allow the corporation
0
There are several types
innovative ideas and creations. These include : exclusive rights to produce and sell the water filtration system over a period of
two decades starting the date of filing. This would prohibit other firms from
replicating or utilizing similar technology without authorization, allowing the
corporation to recoup its R&D expenditure while still profiting from its
innovation .
• Another example is a tech company that has developed a new and improved
algorithm for searching and retrieving data from large databases. This
corporation can file for a patent that grants utility to safeguard its algorithm. If
the company to maintain a unique and recognizable brand identity. • Reissue patents are a type of patent that is issued to correct errors or defects in
an original patent. These patents are designed to provide a second chance for
• In each of these cases, a design patent is an effective instrument for protecting
inventors to correct mistakes or omissions in their original patent application.
the distinctive and creative characteristics of the design of an item. By
Reissue patents can be broader or narrower in scope than the original patent.
providing exclusive rights to the design, design patents help to encourage
dependi ng on the nature of the correction.
innovation and creativity, while also ensuring that companies are rewarded for
• For instance, suppose a company, GreenTech, was granted a patent for a
their investment in design and product development.
innovative solar panel design. However, after the patent was granted, the
3. Plant patents : company discovered tllat one of the claims in the patent was too narrow. and
• Plant patents are a sort of protection for intellectual property that protects new did not adequately protect the invention. To correct this error, GreenTech can
and unique plant species, including hybridized or genetically modified crops
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vanOl/0 / fl•N~ ~• " 0' Uflfr!'t"'s- : - - -- -- ~ -
2• 6 €eo11o
the reissue patent would "1~, I p,op11rlY Rights
2 7
rtY Rights f rante d, • br ntslfBCtua • Various r
Intellectual prope tent, I g . . greater protection for th aden 0 I hnology gather feedb k ypes of IPR and its Economic Impact
reissue pa rov1d1ng e SoJ \ tee ' ac and make ·
apply for a . . al patent, P someone else copying its idea. If G improvements without worrying about
ti or1g1n ar h,, . reenCycle dee·1d
scope of ie ,~ technology, 1t can file for a utlty es to move forward with its
tvfedDev, was granted 11
design.
1npanY•
d uppose a co tl t one of the claims in the p en1 t
a Pat rovisional patent and the utility p t patent .
w'th•
1 in one
year of filing the
ban s red ia atent ,, 1 P e same date as the provisional a ent will be 'd
, On t11e oti1er 'later disco''e JogY• To correct this error 1 , IVas tl1 pa Ient. consi ered to have been filed on
.cal d vice. but . . g tecllJlO , ,v1edb "
medi e_ . don ex1sun d we reissue patent would narro ev~ • In both examples, the provisional patent 'd
.
broad and ~ge patent. If grante .' ement on existing technologw the Sr, status, whi ch aII ows mventors to t thprov1 . .
es a temporary " t d' ,,
pa ent pen mg
1 fi r a reissue .d' g infrlllg y %· "? jrnprovements without worryin b est e1r ideas th fi db
app y o . . 1 tent, avo1 JO edical device. lie I g a out someone el, ga er .ee thack. and .
make
.
of the ortgllla pa ects of the m temporary patent also provides a co t ffi . se copymg e1r idea. This
. the unique asp 'des a valuable opportunity for.1 s -e ecttve and effic· t fi .
protectlllg tent 1 to protect their ideas while they refine . . ,en way or mventors
the reissue pa proV . original patent and to ensur nven~n1 and develop thetr mventions.
• In botii cases, or defects in their e that \ In conclusion, each of the types of patent d' .
s iscussed, tncluding . utility
.. patents
correct e~ors tely protected. ·gn patents, plant patents, reissue patents and . .
invention is adequa des1 . . . . . prov1s1onal patents, plays a vital role'
.U1 promotmg mnovatton, creativity and economi
5. Provisional patents :
c growth. By provtding . . exclusive .
e of temporary patent that allows inventors
fl·ghts to inventors and creators, these patents protect mnovative
• Provisional patents ar_e ~ ~ne year. This temporary patent provides a .to~
• . ideas
. .
and creations
from unauthorized use, copying or distribution.
for a utility patent within b beneficial for inventors who want to t ~
hi h can e
pe
nding" staUlS, w c d ake improvements before COtnrnitf estllt The protection offered by these patents encourages tnven · tors and creators to •tnvest
fi edback an m .. tng to, time, money
invention, gather e . ess of obtaining a utthty patent. ·
1 and effort in developing new and innovative ideas, knowing that their
· consUJJ)lllg proc work will be protected and th at they will be able to reap the benefits of their creativity.
costly and tune· . inventor Emma, who bas developed a n
, For examP1e, let's consider. an Emma wants to test her design in the e~ ~ This, in turn, drives innovation, creativity and economic growth, as new and improved
'
. martwatch design. lliaik
innovauve s. fr potential customers and make improvements ~~ products, processes and services are developed and brought to market.
gather feedback .. om t I To do this Emma can file for a provisional"''· Furtl1ermore, the exclusive rights provided by these patents allow inventors and
I . for a uuhty pa en . ' "'"" creators to control
app ymg . h mporfilY "patent pending" status for one year. D11r the use of their innovations, enabling them to decide bow their
which would give er a Ie .
. E an refine her design, gather feedback and ,,, inventions are used, manufactured and distributed. This control also enables them to
this tune, mrna c . . ""
. t 'thou! worrying about someone else copymg her 1dea. lfEir.:, prevent others from making, using or selling their inventions ,vitbout permission,
IDlprovemen s WI . • ..
'd e ~orward with her mvent1on, she can file for a uhh~ rur- thereby protecting their intellectual property rights.
dec1 es to mov 11 • • ,-.
within one year of filing the provisional patent and the utility patent 11ilJI In addition, the protection offered by these patents promotes competition, as
considered to have been filed on the same date as the provisional patent.
inventors and creators are incentivized to develop new and innovative ideas that are
, Another example is a startup company, GreenCycle, that has developedn better than existing ones.
This competition drives innovation and improvement,
and innovative recycling technology. GreenCycle wants to test its technolll!)
leading to the development of new and improved products, processes and services that
the market, gather feedback from potential customers and make improv
benefit society as a whole.
before applying for a utility patent. To do this, GreenCycle can file f,
In summary, each of the types of patents discussed plays a critical role in
provisional patent, which would give the company a temporary "p,.:
pending" status for one year. During this time, GreenCycle can refini promoting innovation, creativity and economic growth, by providing exclusive rights
~
f
he registration is valid for ten years and can be renewed on a regular basis
creations- In demarks, after that.
. htS tra
designs. copyng ' • Trademarks gain popularity through public use, resulting in exclusive rights
varieties. Trademarks. that are able remain officially enforced by the owner.
I ot 1PR5 : • Trademarks assist consumers in determining who manufactures or provides a
Types / TOO s b. Geographical indications.
d.
a. Patents. d rigbts. Layout design for integrated circuits. product. For example, Coca-Cola Sony, and TVS.
'gbts and relate f.
c. Copyn
e. Industrial desigOS· d t or a method that offers an inno
181 Q~
•. -
a
) Patent
• An mv
. ention is de e
fin d as a pro uctechnological reso Iut1.on to a problem,~
thing or a new . I
l
,
TVS~
ethod of doing som~ ded for an invention. t protects the "'·
m . hcense awar 1· . d . ""
atent is a uruque t'on is offered for a 1m1te lime, llallleh
P . ( The protec 1 . ..
owner's mnova ion. . . • that tile innovation cannot be comm...:.
tect10n imp1ies
years. Patent pro. . d di t 'buted or sold without the patent hol!:
·--.... ~~
ao1aas
Bisleri •Whf#d
manutactured • utihze ,f satent n has tile nght . to se Iect who may and ca;;
· · An owner o a P . .
perm1ss10n. d . tion throughout tile penod of protection. Fig. 2.3.1
use the patente 1nnova
b) Trademarks . . . . • Trade secrets
• Trademarks are a type of IP that protects distinctive signs, symbols or imr.
o Trade secrets are confidential and valuable information that is not publicly
that identify a business or product. Trademarks can include logos. brand
known and is used in a business to gain a competitive advantage. Trade secrets
slogans and trade dress. Trademark protection prohibits others from
identical marks that may cause customer confusion. Trademark protectial can include formulas, recipes, software code and business methods. Trade
lasl indefinitely, as long as tile mark is continuously used in commerce ml secret protection keeps outsiders from stealing or misusing your sensitive
registration is renewed periodically. To be eligible for trademark protectim knowledge.
mark must be distinctive not functional and not like! to cause confusioo
10 VsrioUS Types of IPR and its E p,operlY Rights
2• COnorn, 1 81
1ptell8clU 2 • 11
Intellectual Properly Rights . kept private and no t made public, tract c "1p~ i..ave characteristics that stem fro
JJ Various Types of IPRandits6
1.U1jque geographical elem . m their area f . . conomic Impact
o As long as the knowledge is T be eligible for trade secret prot e seer . . ents mcl d' o ongm and .
t rnallY o ectj e1 ernP)Jas1ze umque aspects of u mg climate are
protection may last e e ·. valuable and not publicly known °tt, t~ . a produ and so·1 Th unpacted by
1 rnaY be found !11 the product' ct that are caused b I • ey may also
. . t be confident1a ' . . A s area of · • Y human ·
mfomrntJOn mus that gives a company a racuces. geographical ind'
. . knowledge colll . . tcator ref,ong1n, such as manufactu ·vanables . that
o Confidential business d ecret. Typically, they are man Petitiv P
production that establishes the . ers to a specific loca . nng skills and
b t nned a tra e s ufactii 0e originated there. unique characterisfics ofhontheor goods
territorythat
of
advantage may e e t These include sales and ct· tin
. . ercial secre s. . istrib ..,
mdustnal and comm d rtising tactics, supplier and client . Ulio1
files a ve lists Darjeeling tea Kathputlis of
~
methods, customer pro • rets unlike patents, are prot ani Rajasthan
. d es Trade sec , ectect 1
production proce ur · . "ble to secure a trade secret fo r an . eve
"th
wi out reg1s
. tration . It is poss1t be a significant degree of secrecy s tndefitnite
s are
p otectedb)
and dances· archit
Kancheepuram silk - Warli painting
. . dr movies,
. '
photographs and sculptures; advertisements ecturai
designs ' paintings, a-wings, .
. dra . . and literary works, such as stones, poerns , tna11s 1
and technical WJJ]gs, C . ' Pai~
£ b ks newspapers and computer programs. opynght exists in
re erebnce ·rtuoo f, ·ts creation- hence, registration is optional. an Ben gal patachitra Bidriware Magahi paan
asset yv1 eo 1 , .
Ii
• Nonetheless, registering a copyright proves that the work is owned by the
inventor and that copyright exists in it. Authors frequently offer access to theu
creations to the people or businesses that can prom~te them the best ~
exchange for money. These payments are frequentl_y provided in response to the
actual usage of the work and are known as royalt1e~. These commercial righ~
are limited to the lifetime of the inventor plus sixty years fo llowing theu
Kashmir saffron
ii
Shahi litchi of Bihar
,:;
passing, with the exception of photos.
,~~
d) Geographical Indications (GI) :
• Geographical Indications (Gls) are a type of IP that protects the names of
places or regions that are associated with specific products or services. Gls can
include names of wines, cheeses and other agricultural products. GI protection
prevents others from using the same name or indication to sell similar products
• GI are marks used on items that have a certain geographical origin and exbiba
·• · ,_ __ .:M---Aaricultur oods often
• .·
Fig. 2.3.2 Various examples of Geographical Indications (GI)
• It is critical that the product acquire its attributes and reputation from the
location. The place of origin might be a hamlet or town, a region, or even a
vsnous /,,.,QU VI II r\cJnr:r; s I:
2 .12 Con0 ,ty Rights
. benefits from t'ts registrar II}~ \ ntBlf8C
tual prope_
• . . .
2 13
• Various T
ypes of IPR and ,ts Economic Impact
R;ghts n1111un1tY Th GI ton S' ~ I • dustnal designs and 1t will serve 1•ts
tnte//ectuat p,ope_rlY of t11e co con1murtlty. e s of Proctu l~i,. 111 • • purpose effe f 1 · h
. Ever)' nie1nber anted to t11atd . sarees have just been regi Cts silt:11 ...... !og1cal and mlemational progr c ive Y ID t e face of fast
teC•'-'' 0 ess.
nation. ·t1en1ent gr d Cha!l en Slercd '\
a unique ent1 uJJu shawls, ao . e JegallY prote_cte~ by GI, Which . ted circuit layout design :
wet grinders, k . in rnd1a ar hical ind1cations without aISQ i 1ntegra .
0 A semiconductor integrated circuit is d
o=phical ind1catorsgistered ge~grd~p ations in India encourag Pel'lliiss~ • "" • a pro uct that contai tr ·
• Ge e·- i11g re . I in ic es e~ ,, other circuitry components that are embedded in . ~s ans1s~ors and
yone fron1 us eograph1ca f items produced inside a Potts rniconductor or inside a semiconduct d an _insulatmg matenal, on a
:gal protectio_n fo:c:ss for producers o se . . . fu . or an are mtended to c t
geo&rap\~ etectroruc circuit nction. Protecting intell tu I . arry ou an
fosters econonnc su field of semiconductor design of integrated c~c ~ !property nghts (IPR) in the
re•c e 11 ~
. I h • trcuit ayouts and for things related
or incidenta. t ereto 1s the goal for the senucon• ductor mtegration
. circuits
attern-design act 2000.
. The primary goal of th e SICLD . .
P act 1s to establish
pathways _and mecharus~s for protecting intellectual property rights in chi
layout designs and associated topics. P
\, ~ f.11 copyrights
• copyrights are intellectual property rights that protect original literary, theatrical,
rnusical and creative works. The only authority to duplicate, circulate and exhibit
~ adural
i:r.¢,~, Ill the piece of work and even to make derivative works, is granted by copyrights.
,~tl,lNDL004r
a ■ /~
, The protection of copyright extends to both published and unpublished works of
I
. 2 3 3 More examples o
F19. · ·
f Geographical indicators
literature, science and art. It has to do with having the sole right to perform or grant
permission to perform specific acts in connection with original works of literature,
drama, sound recording, music and art (such as paintings, photographs, architectural
designs and artistic craftsmanship), as well as cinematographic films, software
programs and other works that are fixed in a material or tangible form. It is a
compendium of rights that can be exercised individually.
e. Industrial designs : . d' tinctive design that is granted to the o1111er
. ·g11t is a uruque or is Infringement occurs when an author's work is copied or reproduced without
• A design n . . Ind stria! designs are creative endeavors that~1
ti registered design. u . . permission. The copyright act of 1957 went into force in January 1958. Since that
correc Y tal £ nnal look. Industrial designs are part of mtellf!t
oduct an omamen or O • • • time, the act has undergone five amendments: in the year 1983, 1984, 1992. 1994,
pr Th TRIPS agreement established muumaI requirements for·
property. e . . th h al-, 1999, and 2012. The primary reasons for amending the copyright act of 1957 are to
. f . d trial designs. India is a developmg nat10n at as ... .:
protection o m us . .
made changes to its national laws to include these basic reqwrements. bring the act into compliance with two world intellectual property organization
• The priniary goal of design legislation is to e~courage and safegu~d the; internet treaties signed in 1996, namely the WIPO Copyright Treaty ("WCT") and
the WIPO Treatment of Performances and Phonograms ("WPPT"), in order to
aspect of industrial production. It also a_ims t~ enco~~ge md~~
1
innovation. The new designs act, 2000, 1s India s eXIStmg regulatl protect and address the music and film industry's concerns.
item using me tr ernar · em~1 ~ It provides exclusive rights to use the mark
Nowadays, copyright is automatically awarded for a broad variety of works, includ~ @] All of the above
books, maps, paintings, theatrical works and articles. The TRIPS agreement elimina~ Q.5 What is the term for the unauthorized use of a trademark ?
the need for a fonnal application or registration. The letter C denotes the presence« [ii Infringement [fil Counterfeiting
copyright protection, which is followed by the name of the copyright holder. [£1 Piracy [ill Passing off
Industrial design : Anything that enhances a product's appeal to me consumn1
Q.6 Which of the following is not a type of intellectual property right?
aesthetic sense is considered industrial design. We have things from m31)
[ii Patent [fil Copyright
manufacturers, including consumer goods, automobiles and furnishings. Accordin~!
characteristics pertaining to fonn, color, schemes, pattern, arrangement, decoratioc. [£1 Trademark [ill Trade secret
etc. a.re all considered to be part of design. The designs act 200 in India allows desip
to be recorded through the registrar of the industrial designs pa.tent.
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arioUS Types of IPR
2.20 ,operlY Rights 2 2 Various T~pes orIPR and ,Is Economic Impact
1ueI P • 1
. nts ,Agreement ? ~
1nte//sC rt • s and
Question Answers
/ntelf9Clual p,ope_rlY R1Y 5110
-=-~::::::::::::
- pose oft he TRIPS fi atent protection .
~ What Is Intellectual Property Right (IPR) ?
What is the pur . 1standards or p .
Q.7 t blish internat1ona r copyright protection , . Intellectual Property Right (IPR) refers to th I
r;;, Ans•
" . · works, such as •mventtons
. 5
l!l
To es a dards 1or literary d e. egal . right granted to the creators of
blish internatl·onal stan ~ trademark protection . ·g na
ofi 1 1used in commerce. ' an artistic k
wor s, and symbols. names. and
l iJ To es1a . cional stalldards 1or
[£] To establish interns . j[!l 8ges
s for intellectual property protection What are the types of IPR 7
. n1 i11in1u01 standard a.Z . The types of IPR include Patents Co
r:il To establish . t' n of intellectual property rights t,.nS· · .
h'cal Ind ications. ' pyrt'gh ts, Trademarks [ d · I ·
l2J ·ng is a 11m1ta io ? , n ustna Designs, and
fthefolloWI .. oeograP I
a.s Which o . and creauv11)' What is the purpose of Patent 7
r;;, The) promote innovauon a.3
l!l . . htS to creators t,.115• . The purpose of a Patent is to grant excl
• . . • rights
usive . to the inventor for a r it d
'de exclusive rig . d in exchange for publtc disclosure of the inve t'
lli] The) prov1 , ~~ n~
tm e
t 1o1owledge
[£] The) limit access o What is Copyright ?
,petition
a.4
,.11 • : Copyright is a type of IPR that protects origma
• · 1 1rterary,
. dramatic,
. musical.
. and
~ They promote con
r.i1 f rmula or process used .m a busines 5
for a secret o s? artistic works.
Q.9 What is the term [fil Copyright a.s What is the function of Trademark 7
@ Patent [ill Trade secret •ns • : The function of a Trademark is to distimru,·sh
,. o th e goods or services
• of one
[£] Trademark . responsibl
. organizations 1s . e for promotin undertaking from those of another.
a•10 Which of the fol1ow1ng perty rights wor Idw1'de ?. Hi
Q.6 What is Industrial Design ?
protection of intellectua 1 pro MS· : Industrial Design refers to the ornamental or aesthetic aspect of a product.
@ World Trade Organization (WTO) a.7 What is Geographical Indication?
[fil World Intellectual Proper()' Organization (WIPO) MS, : Geographica l Indication is a sign used on products that have a specific geographical
origin and possess qualities or a reputation that are due to that origin.
(£] International Chamber of Commerce OCC)
a.s Why is IPR important?
[ill World Customs Organization (WCO) Ans. : [PR is important because it promotes innovation, creativity, and economic gro,\th b)
J. Promoting innovation : IPR provides an incentive for creators and inYentors to invest
Ans. : International organizations and agreements play a crucial role in promoting and '
in research a nd development, leading to the creation of new products and sen ices.
protecting IPR worldwide. T he World inte llectual Property Organization (WIPO) isi '
2. Encouraging entrepreneurship : rPR provides entrepreneurs with the confidence to
specialized agency of the United Nati ons th at helps countries develop their intellectu~ 1
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