UNIT V - INTELLECTUAL PROPERTIES

Intellectual Properties
Intellectual property (IP) plays a crucial role in modern society, protecting the fruits of human innovation
and creativity. There are seven types of intellectual property, each with its own unique purpose and
significance. In this article, we will explore the seven types of intellectual property and provide five reasons
why each type is important.

By understanding the significance of intellectual property, we can better appreciate the value of innovation
and creativity in our world, and work to protect the rights of inventors and creators. Whether you are an
inventor, artist, or entrepreneur, understanding the various types of intellectual property can help you
protect your ideas and creations, and enable you to make the most of your talents and hard work. So, let’s
dive in and explore the world of intellectual property, and discover why it is so important to our society and
economy.

Patents can be broadly categorized into three types, each serving a unique purpose and offering different
forms of protection:
1. Utility Patents:
• Definition: These are the most common type of patents, granted for the invention of new
processes, machines, chemical compositions, or improvements to existing ones.
• Duration: Typically, utility patents last for 20 years from the application date.
• Significance: They are crucial for businesses that invest in developing new technologies,
processes, or chemical formulas, providing them a temporary monopoly to capitalize on their
innovation.
2. Design Patents:
• Definition: Design patents protect the ornamental design of a functional item. This can include
the shape, surface ornamentation, or overall appearance of a product.
• Duration: These patents usually last for 15 years from the grant date.
• Importance: They are essential for businesses where the product’s aesthetic is a key
differentiator in the market, ensuring that competitors cannot copy the unique appearance.
3. Plant Patents:
• Definition: Granted for the invention or discovery of a new and distinct variety of plant,
including mutants, hybrids, and newly found seedlings.
• Duration: Like utility patents, plant patents are valid for 20 years from the filing date.
• Relevance: These are vital for agricultural firms and researchers who develop new plant
varieties, providing them exclusive rights to reproduce and sell the plant.
Patents

Significant for industries such as pharmaceuticals, technology, and manufacturing.

Patents provide legal protection for inventions and innovations, which can include machines, processes,
and compositions of matter. Patents encourage innovation and investment in research and development
by providing a legal monopoly for a limited period of time in exchange for the disclosure of the invention
to the public. Patents can provide a competitive advantage for businesses and can lead to new products,
technologies, and industries. A well-known example is the patent for the telephone granted to Alexander
Graham Bell in 1876. Bell’s invention revolutionized communication and paved the way for modern
telecommunications.

What is a Patent? A patent (design, plant, or utility patent) is an intellectual property right in the form of a
legal monopoly for a limited time to control the making, using, and selling of an invention.

5 Reasons Patent Intellectual Property is Important

1. Encouraging Innovation: Patents provide inventors with the exclusive right to prevent others from
making, using, or selling their invention without permission. This legal protection incentivizes
inventors and companies to invest in research and development, which can lead to new and
innovative products, processes, and technologies.
2. Providing Financial Benefits: Patents provide inventors with a competitive advantage, which can
lead to financial benefits such as increased sales, different licensing agreement types, or royalties.
Patents can also be used as collateral for loans or as assets for business valuations.
3. Protecting Intellectual Property: Patents provide legal protection for intellectual property, which
can prevent others from stealing or copying an invention. This protection can be crucial for
companies that rely on proprietary information to maintain a competitive advantage.
4. Promoting Disclosure: Patents require inventors to publicly disclose their invention, which can
promote the spread of knowledge and innovation. This disclosure can help prevent duplication of
effort and promote collaboration between inventors.
5. Encouraging Collaboration: Patents can encourage collaboration between inventors and
companies by allowing for licensing agreements, cross-licensing, and joint ventures. This
collaboration can lead to further innovation and increased productivity.
Trademarks

Significant for businesses of all sizes, from small local shops to large multinational corporations.

Trademarks provide legal protection for brands and logos, which can include words, symbols, and designs.
Trademarks help to distinguish the source of goods or services and can build brand recognition, customer
loyalty, and goodwill. Trademarks can be used to protect a company’s reputation and prevent others from
using similar marks that may cause confusion or dilute the brand’s value. A well-known example is the Nike
“swoosh” logo. Nike’s trademarked logo is instantly recognizable and has become synonymous with the
company’s athletic footwear and apparel products.

What is a Trademark? A trademark is an intellectual property right to control the use of your word, phrase,
symbol, design, or a combination of these things that you use to identify your goods or services.

5 Reasons Trademark Intellectual Property is Important

1. Brand Recognition: Trademarks help businesses build brand recognition and customer loyalty.
Consumers are more likely to purchase products from a company they recognize and trust, and
trademarks help businesses establish that recognition and trust.
 2. Legal Protection: Trademarks provide legal protection for a business’s brand name, logo, and other
identifying marks. This protection prevents others from using similar marks that could cause
confusion among consumers.
3. Competitive Advantage: Trademarks can provide a competitive advantage by distinguishing a
business’s products or services from those of its competitors. This advantage can lead to increased
sales, market share, and profitability.
4. Licensing Opportunities: Trademarks can be licensed or franchised, which can provide additional
revenue streams for businesses. Licensing agreements can allow businesses to expand into new
markets or product lines without having to invest in research and development.
5. Valuable Asset: Trademarks can be valuable assets for businesses, as they can be used as collateral
for loans or as assets for business valuations. A strong trademark can also increase the value of a
business in the eyes of potential investors or buyers.
Copyrights

Significant for artists, writers, musicians, and other creators who want to protect their creative output.

Copyrights provide legal protection for creative works, including literary works, musical compositions, and
artistic works. Copyrights protect the expression of ideas rather than the ideas themselves, and provide the
owner with exclusive rights to reproduce, distribute, display, and perform the work. Copyrights can be used
to protect the commercial value of creative works and incentivize the creation of new works. A well-known
example is J.K. Rowling’s Harry Potter series. The books and subsequent films have become a cultural
phenomenon, and the copyrights protect Rowling’s exclusive right to reproduce, distribute, display, and
perform her work.

What is a Copyright? A copyright is an intellectual property right for a limited time created when your new
original work is fixed in a medium. Registration is not required, unless you need/want to assert intellectual
property rights.

5 Reasons Copyright Intellectual Property is Important

1. Legal Protection: Copyrights provide legal protection for original works of authorship, including
literary, artistic, musical, and other creative works. This protection prevents others from
reproducing, distributing, or displaying the work without permission.
2. Financial Benefits: Copyrights can provide financial benefits for creators of original works, such as
writers, musicians, and artists. Creators can license their works to others for use, such as through
publishing or recording contracts, which can lead to income from royalties.
3. Encouraging Creativity: Copyrights encourage creativity by providing an incentive for creators to
produce original works. The legal protection and potential financial benefits of copyright can
encourage creators to invest time and resources into their craft.
4. Preservation of Culture: Copyrights help preserve cultural heritage and history by protecting
original works from unauthorized use or modification. This protection ensures that cultural works
can continue to be shared and appreciated by future generations.
5. Promoting Innovation: Copyrights can promote innovation by encouraging the development of
new technologies and creative works. Creators can build upon existing works, but must do so in a
way that respects the original creator’s copyright.
Trade Secrets
Significant for businesses that rely on proprietary information, such as formulas, processes, designs, or
customer lists.

Trade secrets provide legal protection for confidential information that provides a competitive advantage
to a company. Trade secrets can include formulas, processes, designs, or customer lists. Trade secrets are
protected as long as they are kept secret and can provide a competitive advantage for businesses by
preventing competitors from replicating the confidential information. A well-known example is Coca-Cola’s
secret formula for its soft drink. The formula has been a closely guarded trade secret since the company’s
founding in 1886.

What are Trade Secrets? Trade secrets are intellectual property rights on confidential information which
may be sold or licensed.

5 Reasons Trade Secrets Intellectual Property is Important

1. Confidentiality: Trade secrets provide a means for businesses to protect confidential information
that gives them a competitive advantage, such as secret formulas, manufacturing processes, and
customer lists. This protection prevents competitors from using the same information to gain an
advantage.
2. Legal Protection: Trade secrets are protected under the law, which allows businesses to take legal
action against those who misappropriate or disclose their trade secrets without permission. This
protection can provide a powerful deterrent against theft or unauthorized use of confidential
information.
3. Competitive Advantage: Trade secrets can provide a competitive advantage for businesses by
allowing them to offer unique products or services that cannot be easily replicated by their
competitors. This advantage can lead to increased market share, profitability, and growth.
4. Business Value: Trade secrets can be valuable assets for businesses, as they can be used as
collateral for loans or as assets for business valuations. The protection of trade secrets can increase
the value of a business in the eyes of potential investors or buyers.
5. Flexibility: Unlike other forms of intellectual property, trade secrets do not require formal
registration or disclosure, which provides businesses with flexibility in how they protect their
confidential information. Businesses can decide which information to protect as trade secrets, and
how to protect it.
Industrial Design Rights

Significant for companies that produce consumer products, such as furniture, clothing, and jewelry.

Industrial design rights (design patents) provide legal protection for the visual appearance of a product,
including the shape, pattern, color, or texture. Industrial design rights protect the aesthetic features of a
product and can be used to prevent competitors from using similar designs that may cause confusion or
dilute the value of the original product. A well-known example is the Apple iPhone. The sleek and minimalist
design of the iPhone has become a hallmark of Apple’s brand identity.

What are Industrial Design Rights? Industrial Design Rights are intellectual property rights on the
appearance of an item that may consist of three dimensional features, such as the shape of an article, or
two dimensional features, such as patterns, lines or color.
5 Reasons Industrial Design Rights Intellectual Property is Important

1. Legal Protection: Industrial design rights provide legal protection for the visual appearance of a
product, including its shape, color, texture, and ornamentation. This protection prevents others
from using similar designs that could cause confusion among consumers.
2. Competitive Advantage: Industrial design rights can provide a competitive advantage by
distinguishing a business’s products from those of its competitors. A distinctive and attractive
design can make a product more appealing to consumers, which can lead to increased sales and
market share.
3. Branding: Industrial design rights can be used as part of a business’s branding strategy. A consistent
and distinctive design across a business’s product line can help build brand recognition and
customer loyalty.
4. Licensing Opportunities: Industrial design rights can be licensed or franchised, which can provide
additional revenue streams for businesses. Licensing agreements can allow businesses to expand
into new markets or product lines without having to invest in research and development.
5. Innovation: Industrial design rights can encourage innovation by providing an incentive for
businesses to invest in the design and development of new products. The legal protection and
potential financial benefits of industrial design rights can encourage businesses to invest time and
resources into creating new and innovative designs.
Geographical Indications

Significant for farmers, producers, and businesses that rely on the reputation of their products.

Geographical Indications protect the names of products that originate from a specific geographical region
and have specific qualities, characteristics, or reputation associated with that region. Geographical
Indications can be used to protect the reputation of regional products and prevent others from using the
name to market products that do not meet the same standards. A well-known example is Champagne, a
sparkling wine that can only be produced in the Champagne region of France. The name is protected under
French and European Union law

What are Geographical Indications? Geographical Indications are intellectual property rights on signs used
on products that have a specific geographical origin and possess qualities or a reputation that are
originating in a given place. Read more about Geographical Indications at WIPO.

5 Reasons Geographical Indications Intellectual Property is Important

1. Protecting Cultural Heritage: Geographical indications provide protection for products that are
closely tied to a particular region or culture. This protection helps to preserve cultural heritage and
traditions by preventing others from using the same name or label for products that are not
produced in the same region.
2. Promoting Tourism: Geographical indications can help to promote tourism by highlighting the
unique qualities and characteristics of a particular region. Products with geographical indications
can serve as a symbol of the region’s identity and can help to attract visitors who are interested in
experiencing the local culture and products.
 3. Supporting Local Economies: Geographical indications can provide economic benefits for
producers in a particular region by creating a unique selling point for their products. This can help
to increase demand for their products and support the growth of local economies.
4. Ensuring Quality and Authenticity: Geographical indications can serve as a guarantee of quality and
authenticity for products that are produced in a particular region. Consumers can have confidence
that products with a geographical indication meet certain standards and are produced according
to traditional methods.
5. Preventing Misuse: Geographical indications help to prevent the misuse of regional names and
labels by others who may seek to profit from the reputation or popularity of a particular region’s
products. This protection can help to prevent consumer confusion and protect the reputation of a
region’s products..
Plant Variety Protection (PVP)

Significant for the agricultural industry

Plant variety protection provides legal protection for new varieties of plants that have been sexually
reproduced. Plant variety protection can be used to protect the commercial value of new plant varieties
and incentivize investment in research and development of new plant varieties. Plant variety protection
encourages the development of new plant varieties that are more productive, disease-resistant, or climate-
adaptive. A well-known example is the Honeycrisp apple, a popular and patented variety of apple that was
developed at the University of Minnesota in the 1960s.

What is Plant Variety Protection? PVP is an intellectual property right of exclusive control over a new,
distinct, and uniform sexually reproduced plants and tuber propagated plants. This is different than plant
patents, which is intellectual property of exclusive control for a limited time over asexually reproduced
plants. Read more about PVP at the USDA’s PVP Services page.

5 Reasons Plant Variety Protection Intellectual Property is Important

1. Encouraging Innovation: PVP provides an incentive for plant breeders to invest time and resources
into developing new and improved plant varieties. This can lead to the development of crops that
are more productive, disease-resistant, and better adapted to specific growing conditions.
2. Ensuring Food Security: PVP can help to ensure food security by promoting the development of
crops that are better suited to local growing conditions and are more resistant to pests and
diseases. This can help to increase crop yields and improve the availability of food in areas where
it is needed most.
3. Promoting Sustainable Agriculture: PVP can help to promote sustainable agriculture by
encouraging the development of crops that require less water, fertilizer, and pesticides. This can
help to reduce the environmental impact of agriculture and promote the long-term sustainability
of food production.
4. Supporting Farmers: PVP can benefit farmers by providing them with access to new and improved
plant varieties that are better suited to their local growing conditions. This can help to increase
their crop yields and improve their profitability.
5. Facilitating Trade: PVP can facilitate trade by providing a means of protecting the intellectual
property rights of plant breeders. This can help to ensure that plant varieties are not illegally
propagated or sold, and can promote the fair and equitable distribution of the benefits of plant
breeding.
Why is Intellectual Properties important ?

The primary function of intellectual property rights (IPRs) is to protect and stimulate the development and
distribution of new products and the provision of new services based on the creation and exploitation of
inventions, trademarks, designs, creative content or other intangible assets.
What are the benefits of Intellectual Property protection?
1. Security – First and foremost, clearing your Intellectual Property for use and securing protection can
ensure your ability to trade and grow your business without fear or repercussions of infringing anyone
else’s rights.
• Competitive advantage – There are few, if any, markets that aren’t filled with competing businesses.
Your Intellectual Property is often what sets your business apart from the competition and creates a
competitive edge that can propel your business forward.
• Customer loyalty – Creating a brand and/or product that customers grow to love and trust will ensure
that customers keep coming back for more.
• Income generation – Being able to control and licence your Intellectual Property opens up different
revenue streams and ways of operating, whilst enabling you to maintain control of and build your
reputation.
• Raising capital – Like any other property, Intellectual Property can be used as security to raise funds to
fuel growth in your business.
What types of Intellectual Property can be protected?
Intellectual property rights which can be protected by law are primarily categorised into:

Trade Marks – property that identifies the origin of your products or services such as business name,
product names, logos.
Copyright – property that protects the physical manifestation of your creative work, such as literary and
artistic works, your website content, marketing materials and software code.
Registered Designs – property that protects the look and feel of your products.
Patents – property that protects your inventions.
Which types of Intellectual Property are automatically protected?
Certain aspects of intellectual property are protected without the need to formally register for protection,
this is often the case when it’s come to copyright and design right.

Copyright protection arises automatically upon creation of the work. However, it is important to ensure
that you are the owner of any copyright work created for your business and that you can document the
creation and ownership. Copyright is owned by the creator of that work, unless created by an employee in
the course of their employment. For example, if you contract out the creation of copyright works, such as
website design, you will not own the copyright works unless there is an agreement in place, typically called
an assignment, to transfer ownership to you and your business.
Design right protection available for the look and feel of a product and can be protected through
unregistered design right and registered design right. Unregistered design right protection lasts for 15 years
from when a design was created, or 10 years from when a design is first marketed, whichever is the
shorter. Again, as with copyright, design right is owned by the creator of the work, unless created by an
 employee in the course of their employment, so as with copyright being able to document creation and
ownership is key.
Protection for trade marks, registered designs and patents involves a formal registration process and it is
recommended to consult an Intellectual Property specialist who can provide accurate guidance on the right
protection for your brand.

When should you protect your Intellectual Property?

The safe answer is as soon as possible, however, as there are costs involved with protection you need to
adopt a sound commercial strategy for Intellectual Property protection. Deciding what and when to protect
should be based on maximising the benefit of protection, minimising the risk of using the IP and creating
the best cost/benefit approach.
Ideally, you do not want to be investing significant sums in developing and protecting a project that
ultimately you cannot protect and may expose you to infringement of third-party rights. The questions to
ask yourself are:

1. Can we use/launch this brand, product or service without infringing third party rights?
2. If yes, what can we protect?
3. Of the protection options, which gives us the most value?
At this point you can then take a decision on what to protect, and more importantly whether to proceed
with the project at all.

Who is responsible for Intellectual Property protection?

This important question is often overlooked in SMEs. Appointing someone to have overall responsibility for
the IP of a business will help to ensure that strategies can be adopted and followed that ensure you do not
miss out on securing valuable protection.

The vast majority of businesses do not have an in-house legal department, but this need not be a problem.
The Appointee can liaise with your IP advisors and ensure that all the necessary checks are made to ensure
you don’t infringe third party rights and that you take advantage of the protection available. Ultimately you
want to develop a robust process for assessing and protecting your IP, involving the staff, decision makers
and external advisors. Whilst this may sound complex, that is not always the case, setting up clearly defined
responsibilities and channels of communication can make the process simple, and it will soon become
second nature.

A good IP specialist will not only secure protection on behalf of the business but will also be able to assist
you in developing an IP strategy and internal processes. They can help guide you in what you can protect
yourself and where you need external help.

Patent preparation

How to get a patent in 8 steps

1. Determine if patent protection is appropriate.
2. Decide if your invention is patentable.
3. Conduct a patent search.
4. Determine what kind of patent you need.
5. Prepare to submit your application.
6. Submit your application.
7. Work with your patent examiner.
8. Get approved and pay the final fees.

The Patent Application Process: Key to Patent Strategy and Portfolio Management
This structured procedure is crucial for securing patents for businesses and involves several key steps, each
playing a pivotal role in effective patent portfolio management.
1. Patentability Search: A critical step in patent strategy, this involves checking if an invention is novel
and non-obvious.
2. Drafting the Patent Application: A detailed description of the invention is prepared, central
to patent portfolio management.
3. Filing the Patent Application: Submit your application to the Indian Patent Office, either online or
at physical offices in Kolkata, Delhi, Mumbai, or Chennai.
Includes the patent application form, specification, drawings (if any), abstract, and proof of right to
apply if the applicant is not the inventor.
4. Publication and Examination: The application is published, and an examination request must be
made for the patent office’s review. The application is published after 18 months from the filing
date or the priority date.
5. Responding to Objections: Addressing the examiner’s report is vital for patent litigation strategies.
6. Grant of Patent: The final step in securing intellectual property rights (IPR), leading to the
publication in the Patent Journal.
7. Renewal of the Patent: Important for maintaining patents for businesses, involving the payment of
renewal fees. A patent in India is valid for 20 years from the date of filing, subject to the payment
of renewal fees at specified intervals.
8. Important Tips: It’s often advisable to seek help from a patent attorney or agent for drafting and
processing the application, as the procedure can be complex.
Be mindful of the deadlines at each stage, especially for filing the complete specification and
responding to the examiner’s report
Patent Law and Patent Litigation: Safeguarding Innovations
Understanding Indian patent law is crucial for effective patent litigation strategies. This includes knowing
the types of inventions eligible for patents, the term of a patent, rights of a patentee, and the procedures
for patent application and enforcement.
Leveraging Patents for Business Success: Patent Strategy and Market Protection
Integrating patents into business strategies is crucial for Indian businesses. Effective patent strategies,
including patent portfolio management and patent licensing and enforcement, are key to leveraging
innovation and patents for market protection and business growth.