Seminar on
Intellectual Property
• WWW.PARASSHAH.WEEBLY.COM
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We Live In An IP World
 Manufacturing is easier than before.
 Making a record of a design is easier.
 Information is more easily stored and transmitted.
 Physical assets quickly become obsolete.
 IP success lies in being aware and engaged at
the highest corporate level.
 Intellectual property constitutes an increasingly
large share of the average business entity’s assets.
 It therefore becomes increasingly important for
businesses at every stage of development to
properly recognize, protect, maintain and, as
necessary, commercialize their intellectual property.
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What is Intellectual
Property?
• Intellectual property refers to creations of the mind:
inventions, literary and artistic works, and symbols,
names, images, and designs used in commerce.
Intellectual property is divided into two categories:
In Industrial property, which includes inventions
(patents), trademarks, industrial designs, and
geographic indications of source.
Copyright, which includes literary and artistic
works such as novels, poems and plays, films,
musical works, artistic works such as drawings,
paintings, photographs and architectural designs.3
The intellectual property:
big picture
Patents
Trademarks
Copyrights
Trade secrets
Unfair competition laws
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What is patent
The word patent originates from the Latin patere, which
means "to lay open" (i.e., to make available for public
inspection). The state or quality of being open,
expanded, or unblocked is known as patency.
 The term patent usually refers to a right 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.
 The extent of the exclusive rights vary widely between
countries according to national laws and international
agreements.
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A Contract with the
Government
You give the public an invention they have not seen
before
The government gives you a limited monopoly (the
patent)
Patent Defeated by:
 Prior Art
 Obviousness
 Non-patentable subject matter (e.g. nature)
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Patentable Subject Matter
 Anything man-made
 Articles of Manufacture
 Processes or Methods
 Designs
 Computer Programs
 Compositions of Matter
 Business Methods
 Plants
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Non-Patentable Subject Matter
 Mathematical formulae; algorithms
 Naturally occurring organisms
 Laws of nature
 Abstract ideas
 Natural phenomenon
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Who are benificiaries of patent
The inventor
Secure from competition,can exploit the invention
for his gain.
The public
invention becomes public knowledge
freely available technology after expiry of patent
cheaper & better products available
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Patent categories
Type
Applies to:
Life
Utility
Process,
machines,
compositions of
matter etc
ornamental &
visible shape of
an object
plant strains
such as flowers
& vegetables)
20 years from
application
Design
Plant
14 years from
issue
17 years from
issue
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Trade marks
Trade mark is a word or sign which can be
represented graphically and which is capable of
distinguishing the trade origin of certain goods and
services.
Trademarks should be provided with the
designation ® or ™ when used on machines,
packages, etc.
When discussing the product Tetra Brik, for
example, it must not be described as "Brik", "Briks"
or anything other than "Tetra Brik". If referring to the
machine, use "the/a Tetra Brik machine.
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Tradmark may be
letters and words
logos
pictures
slogans
colors
product shapes
sounds
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A word or other groupings of letters is the most
common type of mark. Examples include:
 Apple
 Silicon graphics
 Netscape
 Nestlé
 Coca Cola
 Siemens
 Adidas
 Just Do It
 Harley Davidson
 Vodafone
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Color marks :
The color of an item can also function as a trademark.
The Supreme Court held in the 1995 case of Qualitex
Co. v. Jacobson Products Co., 115 S.Ct. 1300 (1995)
that the green-gold color of a dry cleaning press pad can
function as a trademark. Before this decision, the
argument was often made that color alone could not be
considered a trademark, since granting trademark status
to colors would soon lead to the depletion of the number
of colors available for an object. The Court in Qualitex
rejected arguments based on this depletion theory,
reasoning that alternative colors would usually be
available for competitors.
Example pink color for Owens-Corning’s fiberglass
insulation.
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Pictures or drawings:
Slogans:
Slogans from advertising campaigns are also used
as trademarks. Example slogans which have strong
trademark rights attached to them are:
Sound marks :
 E-filing makes easier to file a sample of the sound.
MGM's lion roar, NBC chimes
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The Spectrum of Trademark
Distinctiveness
Fanciful trademarks - are "coined" terms that had
no meaning before being trademarks. Exs:
KODAK,, VERIZON, POLAROID
Arbitrary trademarks - are common words used in
a unique way so that the word has no relationship
to the product. Exs: APPLE and SUN for
computers, AMAZON and YAHOO! For Internet
sites, GREY GOOSE for vodka.
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Suggestive trademarks - indirectly allude to a
quality of the product. Exs: PLAYBOY for a men's
magazine, 7-11 for a store that was open from 7
a.m. to 11 p.m.
Descriptive trademarks - describe the goods or
service they market. Exs: COMPUTERLAND for a
computer store, VISION CENTER for an optics
store.
Generic trademarks - where the term describes a
whole class of products.
PERSONAL COMPUTER for a personal computer,
MILK for milk.
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Copyright
Copyright is a form of intellectual property which
gives the creator of an original work exclusive rights
for a certain time period in relation to that work,
including its publication, distribution and adaptation;
after which time the work is said to enter the public
domain.
Some jurisdictions also recognize "moral rights" of
the creator of a work, such as the right to be
credited for the work.
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Copyright applies to
Copyright applies to all sorts of written and
recorded materials from software and the internet to
drawings and photography.
Copyright protects many types of work from music
& lyrics to photographs & videos.
Protects only the expression and not the idea of the
work.
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COPYRIGHTABLE
SUBJECT MATTER
literary works including software
musical works, including lyrics
dramatic works, including music
pantomimes and choreographic works
motion pictures /other audiovisual works
sound recordings
architectural works
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EXCLUSIVE RIGHTS IN
COPYRIGHTED WORKS
Right to Reproduce or copy
Right to Distribute
Right to Display
Right to Perform
Right to Make Derivative Works
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Poor man's copyright
• Because of the cost associated with copyright
registration some creators, particularly musicians,
have attempted to establish evidence of ownership
and creation of a work by mailing it to themselves.
In the US this non-statutory practice became known
as "poor man's copyright" and was considered a
common law concept until 1978.
• "Poor man's copyright" may also include depositing
a copy of the work with a bank or solicitor.
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IP Crime
It is the counterfeiting & piracy of trademarked &
copyrighted products & services.
Counterfeiters illegally use other people's trade
marks, whereas piracy relates to the illegal use of
copyright material.
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Anti-Counterfeiting Trade Agreement
The Anti-Counterfeiting Trade Agreement (ACTA) is
a proposed plurilateral trade agreement in
response "to the increase in global trade of
counterfeit goods and pirated copyright protected
works."The scope of ACTA is broad, including
counterfeit physical goods, as well as "internet
distribution and information technology“.
In October 2007 the United States, the European
Community, Switzerland and Japan announced that
they would negotiate ACTA.
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Furthermore the following countries have joined the
negotiations:
Australia, the Republic of Korea, New Zealand,
Mexico, Jordan, Morocco, Singapore, the United
Arab Emirates and Canada.
According to New Zealand ACTA would "establish a
new international legal framework" and "the goal of
ACTA is to set a new, higher benchmark for
intellectual property rights enforcement that
countries can join on a voluntary basis."
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DMCA Alert!
Copyright law was recently amended by the Digital
Millennium Copyright Act which changed net
copyright in many ways. In particular, it put all sorts
of legal strength behind copy-protection systems,
making programs illegal and reducing the reality of
fair use rights.
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Trade secret
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. In some jurisdictions, such secrets are
referred to as "confidential information" or
"classified information".
• A trade secret is information that:
 is not generally known to the public;
 is the subject of reasonable efforts to maintain its
secrecy.
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Some advantages of trade
secrets include
Trade secret protection has the advantage of not
being limited in time (patents last in general for up
to 20 years). It may therefore continue indefinitely
as long as the secret is not revealed to the public.
Trade secrets involve no registration costs (though
there may be high costs related to keeping the
information confidential).
Trade secrets have immediate effect.
Trade secret protection does not require
compliance with formalities such as disclosure of
the information to a Government authority.
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In the United States, trade secrets are not protected
by law in the same manner as trademarks or
patents. Specifically, both trademarks and patents
are protected under Federal statutes, the Lanham
Act and Patent Act, respectively.
Trade secrets arise out of state laws. Most states
have adopted the Uniform Trade Secrets Act
(UTSA). which has been adopted by approximately
45 states as the basis for trade secret law.
• Only, New York, New Jersey, North Carolina, and
Texas have not adopted the UTSA.
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One popular misconception held by many is that
trade secret protection is incompatible with patent
protection.
It is typically said that if you apply for a patent you
can no longer maintain a trade secret on the
invention, but this is an over simplication.[2] It is true
that in order to obtain a patent you must disclose
your invention so that others will be able to both
make and use the invention.
One of the most significant differences between
patents and trademarks and trade secrets is that a
trade secret is only protected when the secret is not
disclosed.
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Unfair Competition Law
The law of unfair competition emerged from
common law doctrine. Unfair competition can take a
number of forms, such as "passing off", "dilution",
and "misappropriation".
In unfair competition claims, one competitor usually
brings an action against another. These types of
claims, in a direct sense, are not designed to
provide consumer protection.
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Unfair competition in commercial law can refer to
any of various distinct areas of law which may give
rise to distinct criminal offences and civil causes of
action:
Matters pertaining to antitrust law, known in the
European Union as competition law.
Unfair business practices such as fraud,
misrepresentation, tortious interference, and
unconscionable contracts and business practices.
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THANK
YOU
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