WHAT are Intellectual Property Rights?
· Broadly IPR are rights granted to creators and owners of works that are results of
human intellectual creativity.
· These works can be in industrial, scientific, literary and artistic domains, and in the form
of an invention, a manuscript, a suite of software or a business name.
· IPR as a collective term includes the following IP rights
a) Patent.
b) Copyright.
c) Trademark.
d) Registered Industrial Design.
e) Protection of IC layout design.
f) Geographical Indications.
g) Protection of undisclosed information.
WHY do we need Intellectual Property Rights?
· Due to globalization, geographical barriers to trade among nations are collapsing,
leading to emergence of multilateral trade and a new economic order.
· The new knowledge economy places a tag of urgency, as the time for grasping
knowledge has become an important parameter to determine the success of an
institution, enterprise, government and industry.
· The face of changing trade environment is characterized by global competition, high
innovation risks, short product cycle, need for rapid changes in technology and high
investment in R&D.
· Thus the complexity of global trade would be on the increase with introduction of more
and more variables. Many product and technologies are simultaneously marketed and
utilized in many countries.
All such products and technologies are susceptible to infringement leading to inadequate
returns to the creator of knowledge. Developers of such products and technologies would like
to ensure the R&D costs and other associated costs are recovered and enough profits are
generated to invest in future R&D. Hence there is a need for Intellectual Property Rights.
NATURE of Intellectual Property Rights
· Largely territorial except Copyright, which is global
· Awarded by the state and are monopoly rights.
· Have to be renewed from time to time. (Except Copyright and Trade Secrets)
· Have fixed term. (Except Trade Secrets, Geographical indications and Trademark which
have indefinite life)
· Can be assigned, gifted, sold and licensed like any other property.
· Can be simultaneously held in many countries at the same time.
· Can be held only by legal entities.
PATENTS
· Exclusive rights granted by a country.
· Granted to the owner of an invention.
· Granted for making, using, manufacturing and marketing the invention
· Available for a limited period.
· Territorial in nature, i.e. inventor needs to file separate patent applications for different
nations.
Definition of Invention
i. A new product or process involving an inventive step and capable of industrial
application
ii. New invention means any invention which has not been anticipated by any publication
in the country or elsewhere in the world.
iii. An invention must be
NOVEL (Undisclosed in public, through any publication, anywhere in the world)
NON OBVIOUS (Not obvious to person skilled in the subject matter of the patent)
USEFUL
· Broadly IPR are rights granted to creators and owners of works that are results of
human intellectual creativity.
· These works can be in industrial, scientific, literary and artistic domains, and in the form
of an invention, a manuscript, a suite of software or a business name.
· IPR as a collective term includes the following IP rights
a) Patent.
b) Copyright.
c) Trademark.
d) Registered Industrial Design.
e) Protection of IC layout design.
f) Geographical Indications.
g) Protection of undisclosed information.
WHY do we need Intellectual Property Rights?
· Due to globalization, geographical barriers to trade among nations are collapsing,
leading to emergence of multilateral trade and a new economic order.
· The new knowledge economy places a tag of urgency, as the time for grasping
knowledge has become an important parameter to determine the success of an
institution, enterprise, government and industry.
· The face of changing trade environment is characterized by global competition, high
innovation risks, short product cycle, need for rapid changes in technology and high
investment in R&D.
· Thus the complexity of global trade would be on the increase with introduction of more
and more variables. Many product and technologies are simultaneously marketed and
utilized in many countries.
All such products and technologies are susceptible to infringement leading to inadequate
returns to the creator of knowledge. Developers of such products and technologies would like
to ensure the R&D costs and other associated costs are recovered and enough profits are
generated to invest in future R&D. Hence there is a need for Intellectual Property Rights.
NATURE of Intellectual Property Rights
· Largely territorial except Copyright, which is global
· Awarded by the state and are monopoly rights.
· Have to be renewed from time to time. (Except Copyright and Trade Secrets)
· Have fixed term. (Except Trade Secrets, Geographical indications and Trademark which
have indefinite life)
· Can be assigned, gifted, sold and licensed like any other property.
· Can be simultaneously held in many countries at the same time.
· Can be held only by legal entities.
PATENTS
· Exclusive rights granted by a country.
· Granted to the owner of an invention.
· Granted for making, using, manufacturing and marketing the invention
· Available for a limited period.
· Territorial in nature, i.e. inventor needs to file separate patent applications for different
nations.
Definition of Invention
i. A new product or process involving an inventive step and capable of industrial
application
ii. New invention means any invention which has not been anticipated by any publication
in the country or elsewhere in the world.
iii. An invention must be
NOVEL (Undisclosed in public, through any publication, anywhere in the world)
NON OBVIOUS (Not obvious to person skilled in the subject matter of the patent)
USEFUL
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