TYPES OF INTELLECTUAL PROPERTIES AND LEGISLATIONS COVERING IPR IN INDIA: PATENTS, COPYRIGHTS In this presentation, you will get to know about copyright, patents, and Intellectual property rights in India. The duration of patent and how copyright is different from the patent.

1. AEAB 511
TOPIC
TYPES OF INTELLECTUAL PROPERTIES AND LEGISLATIONS COVERING
IPR IN INDIA : PATENTS ,COPYRIGHTS
BY –
KISHLAY RANJAN

2. IPR (Intellectual Property Right)
Intellectual property right (IPR) is a lawful right of an individual granted by
government for a specified period on the ownership of the property created
through his intellect. It is for effective use of knowledge for economic
growth.
Intellectual property (IP) refers to creations of the mind, such as inventions;
literary and artistic works; designs; and symbols, names and images used in
commerce.
Intellectual property (“IP”) is intangible property that protects a work,
identifier or invention that is the result of creativity.
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3. 3

4. He who receives an idea from
me, receives instruction
himself without lessening
mine; as he who lights his
taper at mine, receives light
without darkening me.
Thomas Jefferson (EX President US)
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5. Types Of IPR
1.Patents
2.Copyrights
3.Trademarks
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6. Patents
⊸ A patent is an exclusive right granted for an invention, which is a product
or a process that provides, in general, a new way of doing something, or
offers a new technical solution to a problem.
⊸ A patent gives you the right to stop others from copying, manufacturing,
selling or importing your invention without your permission. You can then
use your invention yourself.
⊸ Once a product is patented, it cannot be commercially produced,
distributed, used, or sold without the consent of the patent owner
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7. ⊸ Under the Indian patent law, a patent can be obtained only for an
invention which is new and useful. The invention must relate to the
machine, article or substance produced by a manufacturer, or the
process of manufacture of an article.
⊸ A patent may also be obtained for innovation of an article or of a
process of manufacture. In respect to medicine or drug and certain
classes of chemicals, no patent is granted for the substance itself even
if it is new, but the process of manufacturing and substance is
patentable.
⊸ The application for a patent must be true and the first inventor or the
person who has derived title from him, the right to apply for a patent
being assignable.
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8. ⊸ Patents provide incentives for economically efficient
research and development.
⊸ Patents are intended to facilitate and encourage disclosure
of innovations into the public domain for the common good.
An invention must satisfy the following three conditions of :
1. Novelty
2. Inventiveness(non obviousness)
3. Usefulness
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9. ⊸ Under the provisions of section 159 of the Patents Act, 1970 the
Central Government is empowered to make rules for
implementing the Act and regulating patent administration.
⊸ According to the Patents Act, 1970, an ‘invention’ must fulfill
three criteria: first, it must be a new product or a process that did
not previously exist; second, it must offer a new technical
improvement as simple changes to a previously known technique
cannot be patented; third, the proposed invention must be
useful. For instance, a patent cannot be granted for inventions
that can only be used for an illegal or immoral purpose.
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10. BIG
CONCEPT
The term of every patent granted is 20 years
from the date of filing of application.
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11. Copyright is a legal means
of protecting an author's
work. It is a type of
intellectual property that
provides exclusive
publication, distribution,
and usage rights for the
author. Many different
types of content can be
protected by copyright.
Copyright
It is important to note that
a person cannot copyright
an idea; rather, they can
copyright an expression of
an idea that they’ve
created. Copyright law
protects the expression of
an idea.
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12. It is a right which grants
protection to the unique
expression of ideas. The
term original in the
copyright law means that
the work originated with the
author. There is no
requirement for novelty or
uniqueness as there is in
patent law.
The duration of your copyright
protection depends on how the
work was created and by whom.
Works created by an individual
have protection lasting for the life
of the author, plus 70 years.
Works created anonymously,
pseudonymously, or for hire, have
protection lasting for 95 years
from the date of publication or
120 years from the date of
creation, whichever is shorter.
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13. What can be protected?
⊸ Literacy or dramatic work
⊸ A musical work
⊸ A cinematographic film
⊸ A sound recording
⊸ A photograph
⊸ A computer generated work
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14. COPYRIGHT DOES NOT PROTECT
1.Mechanical or useful
aspects of works of
craftsmanship (It may,
however, protect any
pictorial, graphic, or
sculptural authorship
that can be identified
separately from the
useful or mechanical
aspects of an item.
2.Concept,
idea, or
principle not
in fixed and
tangible
forms.
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15. 3.Procedure, process,
formula, method, or
system (These things
are more appropriate
for patent protection)
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16. LEGISlATION COVERING IPR IN
INDIA
PATENT
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● Accordingly, the Patents Rules, 1972 were notified and
brought into force with effect from 20/4/1972. These Rules
were amended from time to time till 20 May 2003 when new
Patents Rules, 2003 were brought into force by replacing the
1972 rules. These rules were further amended by the Patents
(Amendment) Rules, 2005 and the Patents (Amendment)
Rules, 2006. The last amendments are made effective from 5
th May 2006.
● A patent once granted is valid for 20 years, and requires
renewal every year from the third year of the date of
application.

17. COPYRIGHT
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● The Copyright Act, 1957 (the ‘Act’) came into effect from
January 1958.
● The Act has been amended five times since then, i.e., in 1983,
1984, 1992, 1994, 1999 and 2012.The Copyright (Amendment)
Act, 2012 is the most substantial.
● The main reasons for amendments to the Copyright Act, 1957
include to bring the Act in conformity with two WIPO
internet treaties concluded in 1996 namely, the WIPO
Copyright Treaty (“WCT”) and WIPO Performances and
Phonograms Treaty (“WPPT”); to protect the Music and Film
Industry.

18. Thanks!
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