Types of IPR/ Forms of IPR
1. Patents
2. Copyrights
3. Trade secrets
4. Plant Breeder Right (PBR)
5. Trademarks
6. Industrial designs
7. Geographical indications
8. Layout design for integrated circuits
1. Patents :-
Rights granted by a government to an inventor to exclude
others from imitiating, manufacturing ,using or selling the invention in
question for commercial use during the specified period. (20 yrs from date of
filing)
The word patent originates from the Latin patere, which
means "to lay open" (i.e., to make available for public inspection).
There are three types of patents:
i. Utility patents may be granted to anyone who
invents or discovers any new and useful process, machine, article of manufacture,
or composition of matter, or any new and useful improvement thereof;
ii. Design patents may be granted to anyone who
invents a new, original, and ornamental design for an article of manufacture;
iii. Plant patents may be granted to anyone who invents
or discovers and asexually reproduces any distinct and new variety of plant.
Patents are granted for
• Invention
• Innovation
• Process/ product of an invention
• Concept
The chief requirement of for the grant of patent
a. Novelty -
The Invention must be new and should not
be already known to the public
b. Inventiveness-
the invention should not be obvious
to a person skilled in the art and should represent an innovation
c. Industrial application and usefulness-
The subject
matter of the patent must have an industrial application either immediate or in
the future and this application should be useful to the society / Nation
d. Patentability-
The subject matter of the patent
must be patentable under the existing law and its current interpretation
e. Disclosure-
The inventor is required to describe
his invention in sufficient detail so that a person normal skin is able to
reproduce it
2. Copyrights:-
Defintion:-
Copyright is a set of exclusive rights granted by the law of
a jurisdiction to the author or creator of an original work, including the
right to copy, distribute and adapt the work.
OR
Copyright is a legal term describing rights given to
creators for their literary and artistic works.
- Ideas or concepts do not have copyright protection
- Copyright protection applies for a specific period of time, after which the work is said to enter the public domain
- The kinds of works covered by copyright include.
- Literary works such as novels, poems, plays, reference
works, newspapers and
- Computer programs; databases;
- Films, musical compositions, and choreography;
- Artistic works such as paintings, drawings, photographs
- Sculpture; architecture;
- Advertisements,
- Maps
- Technical drawings.
- Copyright generally lasts for a period of sixty years.
Definition:-
A trade secret is a formula, practice, process, design, instrument,
pattern or compilation of information which is not generally known or
reasonably ascertainable by which a business can obtain an economic advantage
over competitors or customers.
- It may be confidential business information that provides
an enterprise a competitive edge.
- Trade secrets include sales methods, distribution methods,
consumer profiles, advertising strategies, lists of suppliers and clients and
manufacturing processes.
- A trade secret can be protected for an unlimited period of
time but a substantial element of secrecy must exist, so thart, except by the
use of improper means, there would be difficulty in acquiring the information.
- Ex. Coco cola ,cell lines, micoorganisms, production
technology etc.
4) Plant Breeder Right (PBR):-
Right of a breeder to regulate production and marketing of
his variety for a period of 15-20 yrs
Features:
• For cultivated plant species
• Protect the variety not standard breeding procedure
• It also contains some breeders exemptions and farmers
privilege
• Laws 1st framed in 1961 by UPOV, revised 1972,1978 and
1991
• Inter governmental organization with headquarters in
Geneva, Switzerland.
• Established by the International Convention for the
Protection of New Varieties of Plants
• The Convention was adopted in Paris in 1961 and revised in
1972, 1978 and 1991
• The objective of the Convention is the protection of new varieties of plants by an intellectual property right
i. Novel:
Should not have been offered for sale before
one year from date of filing of application (INDIA) • 6 years in case of trees
and vines (OUTSIDE INDIA) other case-4 year.
ii. Distinct:
Should be clearly distinguishable from
any other variety by at least one essential characteristic .
iii. Uniform:
Should be sufficiently uniform in its
essential characteristics.
iv. Stable:
Essential characteristics should remain
unchanged after repeated propagation
• To produce, Sell ,Market , Distribute becomes the
exclusive right of the holder of PBR title
• A grower may be allowed to reserve a portion of his
harvest for use as seeds for his own next crop without permission of PBR title
holder-
• Exchange of propagating material of different cultivars
between farmers is not allowed
• Period of protection-20 yrs
• Use of propagating material for a protected cultivar for
scientific purpose does not require permission of PBR title holder
• Use of protected cultivar for creation of genetic
variability does not require permission of PBR title holder
• PBR protection does not cover breeding methods
• PBR covers new variety but does not protect the parents of
the variety except in case of hybrid varieties
• Incentive to breeders
• Fast development of seed industry
• Improvement of quality
• Procurement of good material
• Enrichment of genetic resources
Definition:-
A trademark refers to a recognizable sign, design or
expression which identifies products or services of a particular source from
those of others.
- The selected mark should be capable of being represented
graphically (that is in the paper form).
- It should be capable of distinguishing the goods or
services of one undertaking from those of others.
- It should be used or proposed to be used mark in relation
to goods or services for the purpose of indicating or so as to indicate a
connection in the course of trade between the goods or services and some person
have the right to use the mark with or without identity of that person.
• Trademark must be Distinctive
• Trademark must be used in Commerce
• Trademark,
• Servicemark,
• Collectivemark,
• Certification Mark
Functions of Trademark
Trademark performs four functions –
i. It identifies the goods / or services and its origin;
ii. It guarantees its unchanged quality;
iii. It advertises the goods/services;
iv. It creates an image for the goods/ services.
6. Industrial design :-
Definition :-
An industrial design consists of the creation of a shape,
configuration or composition of pattern or color, or combination of patterns
and colors in three dimensional forms, containing aesthetic value.
- It can be a two or three dimensional pattern, used to produce
a product.
- Even the traditional craft items like hand-woven articles
like carpets, cotton bed covers can also be registered for protection as an
Industrial design (Kannan, 2010).
- The design has to be registered against imitation and
unauthorized copying.
- The protection is provided for five years and it can be
renewed for fifteen years.
7. Geographical indicators (GI) :-
Definition :-
Geographical indicators are the signs used on goods that
have a specific geographical origin.
- A GI indicates that a product comes from a certain place
and has special qualities due to that could be a village or town, a region or a
country.
- The registration of a geographical indication is valid for
a period of 10 years.
• It is an indication
• It originates from a definite geographical territory.
• It is used to identify agricultural, natural or
manufactured goods
• The manufactured goods should be produced or processed or
prepared in that territory.
• It should have a special quality or reputation or other
characteristics
• Solapur Chaddar
• Solapur Terry Towel
• Basmati Rice
• Darjeeling Tea
• Kanchipuram Silk Saree
• Alphanso Mango
• Nagpur Orange
Semiconductor Integrated Circuit is a product, having
transistors and other circuitry elements, which are inseparably formed on a
semiconductor material or an insulating material.
The initial term of registration is for 10 years; thereafter
it may be renewed from time to time.
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