NOIDA INSTITUTE OF ENGINEERING & TECHNOLOGY

GREATER NOIDA

Course & Branch

ED & IPR
B.Tech VII SEM
By

Dr. Aaiman Siddiqui

Asst. professor
MBA
NIET, GREATER NOIDA
Prerequisite and Recap

• ENTREPRENEURSHIP

• THEORIES OF ENTREPRENEURSHIP

• ROLE OF AN ENTREPRENEUR IN ECONOMIC DEVELOPMENT

• QUALITIES OF AN ENTREPRENEUR

• CLASSIFICATION OF ENTREPRENEURS

• MOVITAVION THEORIES OF ENTREPRENEURSHIP

• INTRAPRENEURSHIP
INTELLECTUAL PROPERTY RIGHTS (IPR)
 INTELLECTUAL PROPERTY RIGHTS (IPR)

 Intellectual property (IP) is a category of property that

includes intangible creations of the human intellect.

 Existed in societies such as Ancient Rome, modern concept

developed in England in the 17th and 18th centuries.

 The term "intellectual property" began to be used in the 19th

century, though it was not until the late 20th century that intellectual
property became commonplace in the majority of the world's legal
systems.
INTELLECTUAL PROPERTY RIGHTS
(IPR)
 Intellectual property is any type of original creation, whether it is
intellectual, artistic, or tangible. Almost anything you create is a piece
of intellectual property: a song, a painting, an invention, a process, a
novel, a movie, a recipe, a code— a logo.
INTELLECTUAL PROPERTY RIGHTS (IPR

 The intangible nature of intellectual property presents difficulties

when compared with traditional property like land or goods. Unlike
traditional property, intellectual property is "indivisible", since an
unlimited number of people can "consume" an intellectual good
without it being depleted.

 A landowner can surround their land with a robust fence and hire
armed guards to protect it, but a producer of information or literature
can usually do very little to stop their first buyer from replicating it
and selling it at a lower price!!
INTELLECTUAL PROPERTY RIGHTS
INTERNATIONAL ORGANIZATION, AGENCIES AND TREATIES

• International trademark Association(INTA)

• World Intellectual Property Organization(WIPO)
• Berne Convention for the Protection of Literary and Artistic Works
• Madrid Protocol
• Paris Convention
• North American Free Trade Agreement (NAFTA)
• General Agreement on Tariffs and Trade (GATT)
  Intellectual property laws help people create new things by giving
them the right to own and sell their ideas or inventions for some
time.
PURPOSE OF IPR  This helps them make money from their work, encouraging them to
create more. This also helps countries grow and improve with new
technology and ideas.

 Intellectual property law exists to encourage people

and businesses to create new ideas, inventions, and
creative works. It does this by giving them exclusive
rights to use or sell what they create for a limited time.

 These rights help creators earn money from their work,

motivating them to come up with new ideas. This, in
turn, helps drive innovation and technological progress
in countries. The better the protection for creators, the
more likely they are to innovate.
INTELLECTUAL PROPERTY AND ITS PROTECTION

 Intellectual Property (IP) is the categorized representation of intangible things such as

copyrights, patents, trademarks, unique concepts, and ideas. According to the rule of
Intellectual Property, these intangible services should receive same legal protection just
as the tangible property. In brief, it refers to the mere ownership of one’s ideas.
 Creating a unique product for your business or bringing innovative ideas into reality
can prove to be a priceless asset. Majority of the new entrepreneurs don’t recognize the
need of protecting their Intellectual Property, and the ones who know are not aware of
where to start.
INTELLECTUAL PROPERTY AND ITS PROTECTION

 Keep it under scrutiny

 Be aware of your Intellectual Property Rights
 Consult an expert
 Double check if your idea is unique
 Hire an auditor
 Keep a record of almost everything related
 Protect your IP without delay
Forms of Protection depending on product

 Case study:
 https://www.inc.com/magazine/19820101/116.html

 Patents
 Copyrights
 Trademarks
 Trade secrets
PATENTS
PATENTS

• A patent is a form of right granted by the government to an inventor

or their successor-in-title, giving the owner the right to exclude others
from making, using, selling, offering to sell, and importing an
invention for a limited period of time, in exchange for the public
disclosure of the invention for a definite geographical area.

• Patents can be filed in India by the inventor at ipindia.nic.in

• Term of patent is 20 years from the date of filing.

What is an example of a patent?

 Inventions can be electrical, mechanical, or chemical in nature.

Examples of inventions protected by utility patents are a microwave
oven, genetically engineered bacteria for cleaning up oil spills, a
computerized method of running cash management accounts, and a
method for curing rubber.
PATENTS

• In India , Patents rights are governed by the Patents Act, 1970. at

present 3rd Amendment of act known as the patent(amendment ) act,
2005 is in force.

• For application of patents act, rules made by the government, known

as “Patent Rules, 2003”, Patent(amendment) rule updated in sept.
2015 is in force.
PATENTS

• HDFonoDoc – Invented by Arvind Thiagarajan, HDFonoDoc is a trailblazing handy

device, which can detect murmur in the heart within 10 seconds. This 37-year-old
inventor was honored with Junior Scientist Award in 2001. He is a prolific entrepreneur
and founder of several Medical diagnostic start-ups who has over 40 patents under his
name.

• Washing system with high-pressure water jets for cleaning tubes of heat recovery
steam generator – Invented by the R&D sector of Bharat Heavy Electricals Limited
(BHEL), the invention particularly relates to a system used for removing ash deposits
formed on the spiral finned tubes of a heat recovery steam generator. Ranked by Forbes
as the 9th most innovative company in the world, BHEL files one patent a day and is
accredited to be the Indian company that holds the most number of patents.
PATENTS

 Pen with scanner. With a machine as small as a pen, you can transfer

text from paper directly into a computer.

 System for shorter flight times.

 The blood rocker.

 Packaging success.

 Life-saving invention.
What are some examples of
copyright works?
 A novel.
 A poem.
 A photograph.
 A movie.
 Lyrics to a song.
 A musical composition in the form of sheet music.
 A sound recording.
 A painting.
COPYRIGHT
COPYRIGHTS

• A copyright gives the creator of an original work exclusive rights to it, usually
for a limited time.

• Copyright may apply to a wide range of creative, intellectual, or artistic forms,

or "works".

• Copyright comes into existence as soon as the work is created and protects
skill and labour employed by the creator on production of the work.
 Ideas that are expressed into some manner are protected
COPYRIGHTS

• Literary works as novels, poems, plays, reference works, newspapers,

articles.

• Computer programs and databases.

• Films, musical compositions, dance and theatrical productions

• Artistic works as paintings, drawings, photographs and sculptures.

• Architecture, advertisements, maps, technical drawings, manuals, etc.

• Copyright does not cover ideas and information themselves, only the
form or manner in which they are expressed.
Rights granted by Copyright

Copyright grants certain rights that are exclusive to its owner. Based on these rights, the
copyright owner

• Can copy the work

• Issue copies of the work to the public

• Rent or lend the work to the public

• Perform, show or play the work in public

• Communicate the work to the public – this includes broadcasting of a work and also
electronic transmission and make an adaptation of the work or do any of the above in
relation to an adaptation.
IMPORTANCE OF COPYRIGHT

• It gives exclusive rights to the owner of original work to reproduce,

duplicate, transcribe, and translate the work.

• The owner can prevent the misuse of their original work and can take
legal action if infringement takes place.

• The owner has the sole right to get monetary benefits from their work.

• Encourages society for creativity as owners enjoy the benefits and

protection of their creative work.
 IPR (Intellectual
Quiz Aspect
Property Rights)
Property Rights

Intangible
Tangible (physical
Nature (creations of the
assets).
mind).
• What are IPR
Patents, copyrights, Land, buildings,
• What is the importance of IPR Examples
trademarks. vehicles.
• How are IPR different from
Legal rights for a Legal ownership,
property rights Protection
limited time. often indefinite.
• What are the various forms of IPR
Can be licensed, Can be sold or
Transferability
• Discuss patents with an example sold, or transferred. inherited.

• What is copyright, give suitable Prevents

Prevents misuse of
examples Enforcement
ideas or inventions.
unauthorized use of
property.
PRECAP

• What are IPR

• What is the importance of IPR

• How are IPR different from property rights

• What are the various forms of IPR

• Discuss patents with an example

• What is copyright, give suitable examples

SESSION OBJECTIVE (CO2)

 To give students the insights into what are other types

 of intellectual property rights as trademarks,

 trade secrets, industrial design rights and plant varieties.

 TYPES OF MARKS

1. Trademark: Example : Nike, Bata etc

A trademark is a symbol, word, name, logo, or design
used to identify and distinguish goods of one business
from those of others.

 2. Service mark: Examples of service marks are Hawaiian Airlines, Google,

FedEx, Uber, United Airlines etc.
TYPES OF MARKS

3. Certification mark : Hallmark, ISO, ISI, AGMARK, FPO Mark etc.

4. Collective mark :

A collective mark A mark used by a group or organization to show all members belong to
it. Example: CA (Chartered Accountant) logo for certified accountants..
TYPES OF MARKS

 Brand names like Apple, McDonald's, and Dolce & Gabbana.

 Product names like iPod and Big Mac.

 Company logos like the golden arches at McDonald's and NBC's

peacock logo.

 Slogans like Capital One's "What's in your wallet?" and McDonald's

"I'm lovin' it"
Trademark
 A trademark protects intellectual property from theft or infringement. A trademark can
be utilized for a name, title, logo, or symbol representing a business. Because so much
time and money is invested into developing your company's logo, it is crucial to secure
it.
 A company logo is a visual representation of your brand. The logo is how consumers
recognize your business, so trademarking it is vital in protecting its reputation as
something that is yours and yours alone. If an entity were to copy your logo for another
brand, that would be cause for confusion and a significant credibility hit.

 Having a trademark enables a brand owner to prevent others from copying its brand
name and from confusing the public about the source of the particular goods and
services.
 Not only do trademarks prevent someone from adopting an identical match, but can
also sometimes prevent someone from adopting a confusingly similar trademark. For
example, Starbucks took Sadarbuksh in India to court over an allegedly similar logo:
Trademark

 Having a trademark enables a brand owner to prevent others from copying its brand
name and from confusing the public about the source of the particular goods and
services.
 Not only do trademarks prevent someone from adopting an identical match, but can
also sometimes prevent someone from adopting a confusingly similar trademark. For
example, Starbucks took Sadarbuksh in India to court over an allegedly similar logo:
Trademark

 There is a whole body of law about what can and can’t be

trademarked, but one of the most common misconceptions is that
you can trademark a generic or descriptive term.
 For example, you can’t trademark APPLE for a brand of apples (the
fruit), because that would be unfair since it would effectively remove
a common generic word from usage by the public.
 However, you can of course trademark APPLE for computers, because
APPLE is not the generic or descriptive term for computers.
Types of trademarks include:

 Google's trademark--now the most valuable on the planet, according to Brand Finance--
is worth an estimated $44 billion, or 27% of the firm's overall value,
 Microsoft - Trademark value: $42.8 billion
 Apple, McDonald's, and Dolce & Gabbana.
 Product names like iPod and Big Mac.
 Company logos like the golden arches at McDonald's and NBC's peacock logo.
 Slogans like Capital One's "What's in your wallet?" and McDonald's "I'm lovin' it"
TRADEMARKS
TRADEMARKS

 The first landmark judgment on cybersquatting.

 The Delhi High Court, for the first time ever in India, held that a domain
name serves the same function as trademark and is entitled to
equal protection. The defendant had a domain name ‘Yahoo India!’ which
was identical and phonetically similar to the plaintiff’s trademark ‘Yahoo!’.
 The court held that internet users would be confused and deceived into
believing that both the domain names have the same source. The
defendant took a defense that it had put a disclaimer on its website.
However, it was observed that a mere disclaimer was not sufficient
because the nature of the internet is such that use of a similar domain
name cannot be rectified by a disclaimer and it does not matter that
‘yahoo’ is a dictionary word. The name possesses acquired distinctiveness
and uniqueness and was largely associated with the plaintiff.
TRADEMARKS

 Another cyber-squatting issue where the Academy Awards was headed up

against the domain retailer GoDaddy. It was a battle that lasted for five years.
Initially, in 2010, it was filed by Academy alleging GoDaddy’s decision to let
customers buy “confusingly” similar domain names like 2011Oscars.com, etc.
It claimed on allowing individuals to pass on the profits who wanted to “park”
on these domains and claimed a part of revenue.
 The Academy demonstrated to the court that there were 57 domains sold by
GoDaddy that were termed as ‘potentially confusing’. But, in the end, the
judge ruled that GoDaddy had no “requisite bad faith intent to
profit” from their domain sales.
 The legal battle between these two big brands lasted 5 years and was
deemed as an expensive affair. While this legal battle was undoubtedly
expensive, it went in favor of the cybersquatting space and GoDaddy came
out clean.
TRADEMARKS

Cadila Health Care v. Cadila Pharmaceutical Ltd.

 The Supreme Court held that it is insignificant whether the plaintiff and the
defendant trade in the same field or in the same or similar products.
 The court laid down certain criteria to determine passing off of an
unregistered trademark:

• The nature of the marks (word, label or composite);

• The degree of resemblance between the marks;/
• The nature of goods for which the marks are used;
• Similarities in the nature, character and performance of goods of rival
traders;
• The class of purchasers who are likely to buy goods bearing the marks;
• The method of purchasing the goods or placing orders; and
• Other circumstances that may be relevant.
TRADEMARK

 Zara Food vs Zara Fashion

Another case of food industry vs fashion for the brand name – Zara. It
is a renowned fashion brand having major operations across the
world found a restaurant operating in Delhi under the same name. It
is highly possible that any consumer would confuse one for the other
and take into consideration that the restaurant was started by the
fashion brand.
 And this what Delhi High Court ruled out. Zara had a presence in
India since 2010 when it opened its first store through a joint venture
and has also applied for a few trademarks in India. The restaurant
was forced to change its name and now it operates under the name
of Tapas Bar.
Most Valuable Trademarks in
the World
 Amazon – 416 Billion Dollars.
 Apple – 352 Billion Dollars.
 Microsoft – 327 Billion Dollars.
 Google – 324 Billion Dollars.
 Visa – 187 Billion Dollars.
 Alibaba – 153 Billion Dollars.
 Tencent – 151 Billion Dollars.
 Facebook – 147 Billion Dollars.
RECAP AND QUIZ

1. Define IPR.
2. Define copyright.
3. Write the full form of IPR
4. Explain the importance of IPR in current scenario.
PRECAP

 Trade mark
 Definition of IPR
 Basic knowledge of Copyright
RECAP
RECAP AND QUIZ

• What are IPR

• What is the importance of IPR

• How are IPR different from property rights

• What are the various forms of IPR

• Discuss patents with an example

• What is copyright, give suitable examples

PRECAP

• What are IPR

• What is the importance of IPR

• How are IPR different from property rights

• What are the various forms of IPR

• Discuss patents with an example

• What is copyright, give suitable examples

SESSION OBJECTIVE (CO2)

 To give students the insights into what are other types

 of intellectual property rights as trademarks,

 trade secrets, industrial design rights and plant varieties.

INDUSTRIAL DESIGN RIGHTS

• An industrial design refers to the aesthetic or ornamental

aspect of an article. It includes the shape, pattern, color, or
combination of these that makes a product visually appealing. It
does not protect the functional aspects of the product.

• An industrial design can be a two- or three-dimensional pattern used

to produce a product, industrial commodity or handicraft. Generally
speaking, it is what makes a product look appealing, and as such, it
increases the commercial value of goods.
INDUSTRIAL DESIGN RIGHTS
RECAP AND QUIZ

• What are trademarks?

• Define trade secrets with suitable examples?

• Where can industrial design rights be used explain with examples

• what are plant varieties and where are they used?

SESSION OBJECTIVE (CO2)

 To understand about trade dress and GI tag.

 Trying to list the various geographical Indications

 Accorded across India.

TRADE SECRETS
 The other common law protection, trade secrets, may be defined as all those documents and
pieces of information within a company that the company takes steps to conceal from
outsiders and that are not necessarily disclosed upon the sale of the company's product or
services.
 Examples include customer lists, blueprints, and recipes.
 However, maintaining secrecy is essential; a company cannot prevent an outsider from using
the secret if the company voluntarily or carelessly revealed it to him without a signed
agreement prohibiting use of these materials.
 The company also cannot prevent outsiders from using its trade secret if the outsider arrived
at it independently. (A patent, remember, does allow a company to stop such use.)
 KFC's secret blend of 11 herbs and spices.
 Coca-Cola's recipe for their signature drink.
 Google's search algorithm.
 McDonald's Big Mac “special sauce.”
 Secret client lists at any company.
GEOGRAPHICAL INDICATIONS

• GI (Geographical Indication) tag identify agricultural, natural or

manufactured goods associated with territory/region/locality.

• GI gives protection to the group of people or association involved in

the production of the product using traditional skills and knowledge.

• The concept of GI tag was introduced in the year 2013 and it was
given to foods, natural and agricultural produce and handicrafts that
gave a region it’s identity. The tags were given under the act of
Geographical Indications of Goods (Registration and Protection)
Act,1999.
GEOGRAPHICAL INDICATIONS
ORGANIZATION STRUCTURE
VALIDITY OF IPR
EXAMPLES OF IPR
EXAMPLES OF IPR
Quiz

Q1. What do you understand by IPR?

Q2. why are Intellectual Property Rights important?
Q3. State and describe the various forms of IPR?
Q4. Discuss the inportance of copyrights.
Q5. what is a GI tag?
MCQs

1. Intellectual Property Rights (IPR) protect the use of information and ideas that are of
a. Ethical value
b. Moral value
c. Social value
d. Commercial value

2. The term ‘Intellectual Property Rights’ covers

e. Copyrights
f. b. Know-how
g. c. Trade dress
h. d. All of the above

3. The following can be patented

a. Machine
b. Process
c. Composition of matter
d. All of the above
MCQs

4. Trade mark
a. is represented graphically
b. is capable of distinguishing the goods or services of one person from those of others
c. may include shapes of goods or combination of colours
d. All of the above

5. Symbol of Maharaja of Air India is

e. Copyright
f. Patent
g. Trademark
h. All of the above

6. In India, the literary work is protected until

i. Lifetime of author
j. 25 years after the death of author
k. 40 years after the death of author
l. 60 years after the death of author
Assignment

1. Describe Intellectual Property Rights. CO2

2. What is the importance of IPR. CO2
3. Discuss the various forms if IPR. CO2
Expected Questions

 What are patents explain with suitable examples?

 Why is IPR important for an organization. Explain the concept and
usefulness of IPR for a nation.
 Define geographical indications?
 What are the various forms of IPR.
Summary

 This unit gives a clear picture of Intellectual Property Rights. It also

tells how we can make use of these rights. Why these rights are
important for an organization.
 The various forms available for taking intellectual property rights.
Summary

 This unit gives a clear picture of Intellectual Property Rights. It also

tells how we can make use of these rights. Why these rights are
important for an organization.
 The various forms available for taking intellectual property rights.
THANKYOU