INTELLECTUAL PROPERTY RIGHTS

INTELLECTUAL PROPERTY RIGHTS

Property à Right

INTELLECT – PROPERTY – RIGHT

Idea à Expression à COPYRIGHT

Idea à Innovation à Invention à PATENT

Idea à Quality + Identity à TRADEMARK

Idea à Appearance à DESIGN

Idea à Keep Confidentialand   No Disclosure

à TRADE SECRETS

What is Intellectual Property?

Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.

Creativity (Creation Of The Mind)

Creativity is the ability to

  • Think / come up with new idea
  • Design new “inventions”
  • Produce “works of art”
  • Solve problems in new ways, or develop a new idea based on an “original” knowledge.
  • Novel or unconventional approach.
  • Think Away From The Box

Generate Ideas….. And Own Them…..IPR !

TRIPS : The TRIPS (Trade Related Aspects of Intellectual Property Rights) Agreement came into being with the establishment of the WTO (World Trade Organization) effective from 1st January, 1995.

  • UN organization dedicated to promoting the use and protection of works of the human spirit.
  • Headquarters in Geneva, Switzerland.
  • 185 nations as member states.
  • Manages all IPs.
  • Training through Academy and Seminars

Patentable Subject Matter

  1. Subject to the provisions of paragraphs 2 and 3, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application.

[1] Subject to paragraph 4 of Article 65, paragraph 8 of Article 70 and paragraph 3 of this Article, patents shall be available and patent rights enjoyable without discrimination as to the place of invention, the field of technology and whether products are imported or locally produced.

  1. Members may exclude from patentability inventions, the prevention within their territory of the commercial exploitation of which is necessary to protect ordre public or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to the environment, provided that such exclusion is not made merely because the exploitation is prohibited by their law.

TRIPS – Article 27 Patentable Subject Matter

  1. Members may also exclude from patentability:

(a) diagnostic, therapeutic and surgical methods for the treatment of humans or animals;

(b) plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes.  However,  Members shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof.  The provisions of this subparagraph shall be reviewed four years after the date of entry into force of the WTO Agreement.

[1] For the purposes of this Article, the terms “inventive step” and “capable of industrial application” may be deemed by a Member to be synonymous with the terms “non-obvious” and “useful” respectively.

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