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Chapter : 8.2 Information Technology And Society

Topic : 8.2.4 Intellectual Property Rights

Intellectual Property Rights

What is Intellectual Property (IP)
 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.
 The assets that cannot be seen, touched or physically measured are called as
Intellectual Property.
 IP can be broadly defined as creations of the mind.
 Generation of IP involves huge investment in terms of money, talent, time etc,.
Hence the Intellectual Property Rights (IPR) is introduced in order to avoid
duplication and to have ownership rights over it.

FIG 8.3: Intellectual Property

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Intellectual Property Rights (IPR)

 Intellectual Property Rights (IPR) is rights granted to creators and owners of works
that are results of human intellectual creativity.
 These rights Safeguard creators and other producers of intellectual goods &
services by granting them certain time limited rights to control their use.
 The intellectual activity may be of industrial, scientific, literary & artistic domains,
which can be in the form of an invention, a manuscript, a suite of software, or a
business name.

FIG 8.4: Intellectual Property Rights

Intellectual Property Rights - Issues

 The globalization of technology and skill, emergence of new technologies, and
the rapid development of emerging economies have jointly elevated the
importance of IPR protection, both politically and commercially.
 IPR has gained commercial and political salience in recent years because the
stakes involved are huge and growing.
 IPR violations cause job and revenue losses in rich countries.
 Trade-Related Intellectual Property Rights (TRIPs) starting in 2006 IPR
protection has become another hotly debated issue dividing the developed and
developing countries.
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Types of Intellectual Property Rights

 Patents
 A patent describes an invention for which the inventor claims the exclusive
right to make, use and sell an invention for a specific period.
 Types of Patents
 Utility Patents
 Design patents
 Plant patents
 Utility Patents
 It can be granted to anyone who invents or discovers any new and useful
process, machine, manufacture or composition of matter, or any new and
useful improvement thereof.
 Utility period is for 20 years.
 Design patents
 It can be granted to anyone who invents a new, original ornamental design
for an article of manufacture.
 A design patent has duration of 14 years from the date of filing.
 Plant patents
 Plant patent can be granted to anyone who invents or discovers and
reproduces a new variety of plant.
 A plant patent has a term of 20 years from the date of filing.
 Copyright
 It gives the creator of original work exclusive rights to it, usually for a limited
time.
 Copyright may apply to a wide range of creative, intellectual, or artistic forms.
 It does not cover ideas and information themselves.
 Registered Design
 It protects the visual design of objects that are not purely effective.
 An industrial design consists of the creation of a shape, configuration or
composition of pattern or color, or combination of pattern and color in three-
dimensional form containing an artistic value.
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 Trade Marks
 A trademark is a recognizable sign, design or expression which distinguishes
products or services of a particular trader from the similar products or
services of other traders.
 Trade Secrets
 A trade secret is a formula, practice, design, instrument pattern which is not
generally known by which a business can obtain an economic advantage over
competitors.
 Confidentiality
 Confidentiality information is any information that a business regards as
secret.
 It can include financial information, such as business plans, or technical
information, such as specifications or computer software.
 Confidential information may have a significant commercial value and needs
to be protected as an asset.
 Plant Varieties
 Plant Varieties also known as Plant Breeder's Rights.
 Plant Breeder's Rights are intellectual property rights given to a person who
has developed a variety.
 The variety must be
 new.
 clearly distinguishable from any other variety whose existence is a matter
of common knowledge.

 sufficiently uniform in its relevant characteristics.

 stable.
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FIG 8.5: Types of Intellectual Property Rights