IPR2

Main features of Patent Rights: -
• Right to stop others from making or selling the

invention
• without a patent owner’s consent
- NOT a right to make or sell the invention
Only available for new inventions in a field of
technology
• Need to fulfill conditions of patentability
Geographically limited under national patent laws
but there are regional and international treaties
• Limited duration, 20 years from filing date
Annual renewal or maintenance fees increasing
with time)
Main features of Trademarks: -
1. A strong trademark is distinctive and

can identify the source of goods or services.
It should be unique, memorable, and not
merely descriptive of the product.
Distinctive trademarks have more legal
protection and are easier to enforce.
2. To establish and protect a trademark, it

must be used in commerce. This means
the trademark must be associated with the
goods or services the brand offers and
should be visible to the public.
3. While not mandatory, registering a

trademark with the appropriate intellectual
property office provides additional legal
benefits and protections. It grants the
trademark owner exclusive rights to use the
mark and allows them to take legal action
against any infringement.
Three basic elements of COPYRIGHTS: -
There are three basic elements that a work must

possess in order to be protected by copyright in the
US:
Originality: To get a copyright, a work must be the
original work of the author. This doesn't mean it has
to be "novel" in the way an invention must be to get a
patent. Instead, it basically means the work can't be a
copy of something else.
Creativity: The U.S. Supreme Court has said works
only need to have a "modicum" of creativity to be
creative enough for copyright.
Fixation: For works to have copyrights, they cannot be
purely ephemeral. You can't get a copyright just by
speaking out loud. But, as soon as you record that
speech in some way, then its "fixed" and you may have
a copyright over it. Notably, courts have interpreted
this to mean that something as temporary as being
copied onto RAM memory can constitute fixation.
The bar to satisfy these three elements is very low and

most works will easily do so.
An industrial design may consist of three dimensional
features, such as the shape of an article, or two
dimensional features, such as patterns, lines or color.
What kind of products can benefit from industrial

design protection?
Industrial designs are applied to a wide variety of
products of industry and handicraft items: from
packages and containers to furnishing and household
goods, from lighting equipment to jewelry, and from
electronic devices to textiles. Industrial designs may also
be relevant to graphic symbols, graphical user interfaces
(GUI), and logos.
How are industrial designs protected ?
In most countries, an industrial design needs to be

registered in order to be protected under industrial
design law as a “registered design”. In some countries,
industrial designs are protected under patent law as
“design patents”. Industrial design laws in some
countries grant – without registration – time- and
scope limited protection to so-called “unregistered
industrial designs”.
Industrial Design
Industrial design is a process of design
applied to physical products that are to be
manufactured by mass production. It is the
creative act of determining and defining a
product's form and features, which takes
place in advance of the manufacture or
production of the product. Industrial
manufacture consists of pre-determined,
standardized and repeated, often automated,
acts of replication, while craft-based design
is a process or approach in which the form of
the product is determined personally by the
product's creator largely concurrent with the
act of its production.
All manufactured products are the result of a

design process, but the nature of this process
can vary. It can be conducted by an
individual or a team, and such a team could
include people with varied expertise (e.g.
designers, engineers, business experts, etc.).
It can emphasize intuitive creativity or
calculated scientific decision-making, and
often emphasizes a mix of both.
Geographical Indications
A geographical indication (GI) is a name or
sign used on products which corresponds to a
specific geographical location or origin (e.g., a
town or region). The use of a geographical
indication, as an indication of the product's
source, is intended as a certification that the
product possesses certain qualities, is made
according to traditional methods, or enjoys a
good reputation due to its geographical
origin.
A geographical indication right enables those

who have the right to use the indication to
prevent its use by a third party whose
product does not conform to the applicable
standards. For example, in the jurisdictions in
which the Darjeeling geographical indication
is protected, producers of Darjeeling tea can
exclude use of the term “Darjeeling” for tea
not grown in their tea gardens or not
produced according to the standards set out
in the code of practice for the geographical
indication.

IPR2

Uploaded by

Copyright:

Available Formats

IPR2

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

IPR2

Uploaded by

Copyright:

Available Formats

Main features of Patent Rights: -

• Right to stop others from making or selling the

1. A strong trademark is distinctive and

2. To establish and protect a trademark, it

3. While not mandatory, registering a

There are three basic elements that a work must

The bar to satisfy these three elements is very low and

What kind of products can benefit from industrial

How are industrial designs protected ?

In most countries, an industrial design needs to be

All manufactured products are the result of a

A geographical indication right enables those

You might also like