14PHDRM: RESEARCH METHODOLOGY

Module 6: IPRs- Invention and Creativity- Intellectual Property-Importance and Protection of Intellectual
Property Rights (IPRs)- A brief summary of: Patents, Copyrights, Trademarks, Industrial Designs- Integrated
Circuits-Geographical Indications-Establishment of WIPO-Application and Procedures.

Intellectual Property(IP):
 Refers to creation of the mind.
 Ex: Music, Artistic Works including Music and Literature, as well as Discoveries, Inventions,
Words, Phrases, Symbols, and Designs.
 2 Types:
Industrial Property- (PT In Ground) Copyrights–(LAAF M)
Related to Industry Related to Individuals / Groups
Patents for Inventions Literature Works
Trademarks Artistic Works
Industrial Design Architectural Design
Geographical Indications Films, Music

Intellectual Property Rights (IPRs):

 Rights given to persons over the creations of their minds.
 Usually give the creator an exclusive right over the use of hiscreation for a certain period of
time.

Importance and Protection of IPRs:

[1]. Protection to an invention for exclusive use of it by inventor.
[2]. Enforce it in Court of Law.
[3]. Leverage (Influence) Business.
[4]. Intensive for further development.
[5]. Legal recognition
[6]. Public use
[7]. Huge source of information
[8]. Encourage fair trading
[9]. Contribute to social & economic development

A brief summary of Tools of IPRs/ Types of IPRs:

 Includes Patents, Copyrights, Trademarks, Industrial Designs, Geographical Indications, and
Integrated Circuits

Patents:
 Exclusive right granted for an invention.
 Product / Process provides a new way of doing something / new technical solution.
 Provides protection for the invention to the owner of the patent.

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  Valid for 20 years, laterit enters into public domain.
 Protection: Invention can’t be commercially made, used, distributed/sold without permission.
 Owner has right to decide who may / may not use.
 Owner may give permission / license to others to use on mutually agreed terms.
 Also provides valuable information, & inspiration for future generations.

Copyrights:
 Legal term, rights given to creators for their literary & artistic work.
 Includes: Literary work (novels, poems, plays, ref works, newspapers, computer programs,
film, and musical composition), and Artistic work (painting, drawing, photographs, maps,
advertisements).
 Should be registered.
 Creator can sell the rights to their work to individuals / companies.
 Rights valid for 60 years (Other than photographs)/ till creator’s death.

Trademarks:
 Distinctive sign, identifies certain product / service / provided by specific person / enterprise.
 One / combination of words, letters, & numerals.
 Consists of drawing, symbols, 3D Signs (Shape & packing of goods), audible signs (music,
voice sounds).
 Provides protection to owner & exclusive right.
 Helps consumer identity & purchase a product / service because its nature & quality indicated
by its unique trademark, meets their needs.
 Valid initially for 10 years, renewed from time to time.

Industrial Designs:
 Constitute an ornamental or aesthetic aspect of an article.
 Consists of 3D features (Shapes / surface of an article) / 2D features (patterns, lines / colors).
 Made to looks things attractive & beautiful.
 Have commercial value, so protected.
 Protected for 5 years, can be renewed for 15 years.

Geographical Indications:
 Name / sign used on certain products corresponds to a specific geographical location / origin.
 Act as a certification that the product possesses certain qualities, is made according to
traditional methods / enjoys a certain reputation, due to its geographical origin.

Integrated Circuits:
 Product having transistors & other circuitry elements inseparably formed on semiconductor
material to perform an electronic circuitry functions.

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  Aim of Semiconductor ICs Layout-Design (SCILD) Act 2000 is to provide protection in an
area of semiconductor IC layout designs and other matters.
 Main focus of SCILDs Act is provide for routes & mechanism for protection of Chip Layout
Design created & matters related to it.
 Valid initially for 10 years, later renewed from time to time.
 Dept. of Information Technology, Ministry of communication & information technology is the
Administrative Ministry looking after its registration & other matters.

Establishment of WIPO (World IP Organization):

 Established in 14.07.1967
 An industrial organization dedicated to helping rights of creators & owners of IP protected
worldwide.
 Inventors & authors are recognized & rewarded for ingenuity.
 Forum for its member states to establish & harmonize rule & practices for protection of IPRs.
 Largely self-financial organization, generating more than 90% of its annual budget through its
widely used international registration & filing systems, its publications, arbitration &
mediation services.
 Remaining funds come from contribution of member states.

Procedure for WIPO:

Mediation:
 Non-binding procedure, mediator assists the parties in reaching a settlement of dispute
Arbitration:
 Neutral procedure, dispute is submitted to one / more arbitrators.
Expected Arbitration:
 Carried out in short time & reduced cost
Expert Determination:
 Procedue, dispute is submitted to one / more experts.
Application of WIPO:
 PCT (patent Corporation Treaty) assists application in seeking patent protection internationally for their
innovations in 148 countries throughout the world

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