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DIFFERENT TYPES OF INTELECTUAL PROPERTY

TRADITIONAL IP

Patents: ​​​​​​

Is a right granted to an individual who has invented something

Protectable Subject Matter

Useful, new, non-obvious processes and products (machines, mechanical devices, articles of manufacture and compositions of matter, chemical compounds)

Government Registration

Patent Application—consisting of specification and claims—disclosing the invention, filed by the inventor in each country’s patent office (for example, the Indian Patent Office), examined and issued as paten

Legal Basis

National Law (Indian Patent Act, 1970), consistent with TRIPS Section 5, Articles 27–34

Copyright

Is a right granted to an individual who has invented something

Protectable Subject Matter

Useful, new, non-obvious processes and products (machines, mechanical devices, articles of manufacture and compositions of matter, chemical compounds)

Government Registration

Patent Application—consisting of specification and claims—disclosing the invention, filed by the inventor in each country’s patent office (for example, the Indian Patent Office), examined and issued as paten

Legal Basis

National Law (Indian Patent Act, 1970), consistent with TRIPS Section 5, Articles 27–34

Trademarks

Are the principal form of IP that is used in the brand-ing or marketing of an organization and its products or services. In many respects, the trademarks can be of greater value to the busi-ness than the actual services or products supplied

Protectable Subject Matter

Words, names, letters, numerals, figurative elements, colors or combination of colors, symbols or other devices used to distinguish goods or services.

Government Registration

Trademark applications depicting the mark and the goods or services are filed in a “national” trademark office (for example, the Indian Trademarks Registry in India).

Legal Basis

National Law (Indian Trademarks Act, 1999) consistent with TRIPS Part II, Sections 15–21

NONTRADITIONAL IP

Circuit Layout

There is no formal registration process for the protection of circuit layouts. Like the Copyright Act, there is no formal registration system required to obtain the protection under this Act

Tips and Techniques

1. Original

2. made by an Indian citizen

3. first commercially exploited in India/a country designated by regulations

Plant Varieties

Its importance is emphasized by the recognized shortage of food in Third World countries and the increasing demand for obtaining high yields in the production of agricultural products

Legal Basis

The legal regime for PBRs in India is set out in the Protection of Plant Varieties and Farmers Rights Act, 2001. It implements the International Convention for the Protection of New Varieties of Plants to which India is a signatory

Confidential Information

May be the only way of protecting an idea. Although colloquial use often involves stating that confiden-tial information is “owned,” Indian law has concluded that this is so.

Tips and Techniques

Information must be of a confidential nature.

The recipient of the information is under an obligation to keep it confidential.

Steps taken by the organization to protect such information

Domain Names

Trade Secrets

Designs

Correspond to various Internet Protocol numbers, which connect various computers and enable direct-network routing system to direct data requests to the cor-rect addressee

Protectable Subject Matter

It is a general practice where companies desire to obtain such domain names, which can be easily identified with their estab-lished trademarks. This helps the public to identify the company, as there is no physical contact between the two of them

Trade secret is one of the most difficult concepts of IP. The ingredient or the formula that the company uses to make the drink is locked up in the company headquarters in the U.S. and nobody except the top management knows about the ingredients used to make the drink.

Protectable Subject Matter

Information that has commercial value and is not generally known or readily accessible in the trade, for which there is evidence of efforts to protect secrecy (product formulas, chemical compounds, blueprints, dimensions, tolerances, customer lists, suppliers, financial information, so on and so forth)

Government Registration

Generally none available

Legal Basis

National Laws (Rights under Common Law), consistent with TRIPS Section 8, Article 39.In India, protected by common law rights, principles of express or implied contracts, laws relating to unfair competition and in some instances, criminal law

The regime for registration of designs is aimed at protecting the “appearance” of an article. There is a formal registration process to obtain the monopoly rights bestowed by the Designs Act. That process is similar to that set out in the Trade Marks Act.

Protectable Subject Matter

The Designs Act, 2000 states that the design must be applicable to an article and be apparent to the eye. In addition to this, it must be new or original as at the relevant priority date. This is to be judged against articles of an analogous character and must be more than an immaterial difference