Invited lecture in 117th Orientation Programme of the Human Resource Development Centre (HRDC) , UGC of the University of Calcutta. Creativity is the basis of our very existence on earth. It is also the precursor of societal progress. The culture of instilling of creativity, invention and innovation makes a society enriched than another society. Valley of Death is an inevitable step that has to pass through every invention before it becomes innovation that diffused to the society in the course of time. Creativity has two dimensions-one is philosophical another is functional. Creativity is based upon novel idea regardless of types and the reason which initiated the process. Even the most novel can not be protected until it is not manifested tangibly. Presentation has focused on four different basic forms of IPR i.e., Patent, Trademark, Industrial Design and copyright with suitable real life examples.

1. Intellectual Property
Rights (IPR):
Protecting Your
Creativity
Dr. Sabuj Kumar Chaudhuri
DLIS, University of Calcutta
Email>>>sabujkchaudhuri@gmail.com
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2. Disclaimer
I am not lawyer. I can not give you
any legal advice
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3. What is Creativity ?
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4. Invention & Innovation
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5. 5 January 2017 5

6. Creating a Climate of Invention & Innovation
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7. Creation of New Idea (Invention)
Conceptualization of New Idea
(Decision to innovate)
Valley of Death
Commercialization of New Idea
(Innovation) (many stages)
Diffusion in the Society
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8. Journey through the Valley of Death
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9. Primary Players in Global innovation
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India’s Position in GII, 2016 is 66th. It was 81st in 2015

10. Inventions That Made Our Life Easier
• Inventions that make our lives easier: Cars
• Inventions that increase our knowledge of the
world: Microscopes
• Inventions that entertain us: Televisions
• Inventions that save lives: Fire extinguishers
• Invention that brought distance closer:
Telephone
• Invention that revolutionized the civilization:
Computer & Networks
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11. Basics of IPR
• What is property?
• What is Intellectual property (IP)?
• What is Intellectual Property Rights(IPR)?
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12. Property
• The primary definition in the Oxford English Dictionary states
that ‘proper’ means ‘belonging to oneself or itself.
• Generally it has 3 understandings :
• Scientific Understandings:
• Properties are attributes, characteristics or qualities
that can be applied generally to a group of objects.
• Legal Understandings:
• Property is the inclusion of rights of exclusive use and
alienability
• Economic Understandings:
• Property includes all rights of individuals to valuable
resources.
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13. Rights of A Property Owner
• Right to own
• Right to exclusive use
• Right to disallow
others from its use
• Right to sell
• Right to transfer
• Right to donate
• Right to rent
• Right to lend
• Right to derive profit
out of it
• Property involves a
bundle of rights
• The entire bundle can
be held by one person
or divided among
multiple parties.
• Property rights confer
power.
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14. Types of Property
• The tangible property
includes physical
objects such as land,
household goods, car
etc.
• The intangible property
includes a list of
products of human
intellect such as
patents, copyright,
trademarks and
industrial designs etc.
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15. IP IPR
• Intellectual property (IP)
deals with the creations
of the human intellect and
protects the creations of
the human mind, the
human intellect. This is
why this kind of property
is called “intellectual
property”.
• Intellectual property rights
(IPR) are the rights awarded
by society to individuals or
organizations principally
over Intellectual Property
i.e., creative works:
inventions, literary and
artistic works, and symbols,
names, images, and
designs used in commerce.
They give the creator the
right to prevent others from
making unauthorized use of
their property for a limited
period.
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16. Types of IPR
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17. Each type of protection and what it
protects
• Patents (utility/design) . . . protect . . . Inventions
• Trademarks . . . protect . . . Identifying Signs & Symbols
• Designs . . . protect . . . Ornamental Design of Product
• GIs . . . protect . . . Identifying place names with product
• Trade Secrets . . . protect . . . Confidential Information
• Copyrights . . . protect . . . Creative Expressions of Creators
• PBRs . . . protect . . . DUS plant variety
• IC layout designs . . . protect . . . Original design of IC
• Databases . . . protect . . . Uniqueness of database
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18. Coca-Coal with Different IPR
John Pemberton, inventor
• Design
• Patent (Trade Secret)
• Trade Mark
• Copyright
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19. Different IPR in iPhone7
Trade marks
Patent
Design
Copyright
Trade Secret ?
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20. Basics of a Patent
What is a patent?
A patent is an exclusive right granted
by the State for an invention to the
inventor.
In return for the exclusive right
provided by a patent, the applicant
is required to disclose the
invention to the public by
providing a detailed, accurate
and complete written
description of the invention in
the patent application.
Protection + Disclosure
• Patent is a negative
right
• It gives its owner the
exclusive right
• Granted by the national
patent office Generally
for 20 years
• Territorial right
• There is no
international patent
• Both Product & Process
patent is allowed in India
• Unity of Invention (one
invention in one patent)
• First to File (FIF) System
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21. Patent system
Patent Protection
to the inventor
Disclosure of the
invention to IPO
Patentee’s interest Public interest
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22. Criteria to get a Patent
There are 3 criteria to get a patent
Invention has to be Novel
Invention has inventive steps
Invention must have industrial application
For patenting microorganisms , inventor
shall deposit biological materials to an
authorized depositary institution as notified
by the government.
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23. Rights of a Patentee
To make, use, exercise, sell or distribute an
Invented Article or Process in India.
• Right can be shared , licensed or sold
• Right to initiate Legal Proceedings
against Infringement.
• The Invention can be commercially
exploited without fear of copying,imitation
or unauthorized use during Term of Patent.
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24. Non-Patentable Inventions
• Frivolous inventions
• Inventions contrary to well established
natural laws
Contrary to
public order or
Morality
• Inventions related to atomic energy
Causes serious Prejudice to
 health or
 human, animal, plant life or
 to the environment
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25. Contd...
• Mere Discovery of a Scientific
Principle or
• formulation of an Abstract Theory or
• discovery of any living thing or
• discovery of non–living substance
occurring in nature
• Patent on plant, animals & naturally
occurring microorganisms
• TK is not patentable
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26. Contd...
• Any process for medicinal, surgical,
curative, prophylactic, diagnostic,
therapeutic or other treatment of
human beings or a similar treatment of
animals to render them free of disease
or to increase their economic value or
that of their products (notice plant is
omitted in recent amendment to comply
TRIPS)
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27. Components of a Typical Patent Document
Bibliographic
Information
+
Text with Claims
+
Drawings
• Description of
Invention-Provisional
and Complete
Specification
• Claims have 2
perspectives
establishing-
Monopoly
+infringement
• Independent claim+
Dependent claims
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28. Patent Grant Procedure
Filing of patent application If P.S.Is Filed C.S. To Be Filed Within 12months
Publication after 18 months
Pre Grant Opposition By Third Party
Representation
Request for examination (48M from FD)
Examination: Grant or Refusal
Publication of Grant of patent (within 12 M)
Post Grant Opposition to grant of patent
(Constitution of Opposition Board) (within 12 M)
Early Publication
Decision By Controller5 January 2017 28

29. Patent Search then Research
Free sites
ipindia.nic.in
• www.uspto.gov
• www.jpo.go.jp
• www.ep.espacenet.com
• www.wipo.int/ipdl/en
• Google Patents search
• IP-Discover
• www.patent.gov.uk
• www.freepatentsonline.com
• www.ipaustralia.gov.au
•
Paid sites
• Thompson Reuters
• Patseer
• www.cas.org
• www.derwent.com
• Thompson Innovation
• Proquest
• “Patent, Publish and
Prosper” rather than
“Publish, or Perish”

30. Patent System in India
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31. Trademarks
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32. What is a Trademark?
• A trademark is a sign capable of
distinguishing the goods or services of one
enterprise from those of other enterprises.
• Once acquired, a trade mark can last
indefinitely as long as you renew it every
10 years. Because a registered trade mark
is a form of IP, you can license or assign it
to others.
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33. What TM can be registered ?
• A word or a combination of words, letters,
and numerals can perfectly constitute a
trademark. But trademarks may also
consist of drawings, symbols, three-
dimensional features such as the shape
and packaging of goods, non-visible signs
such as sounds or fragrances, or color
shades used as distinguishing features –
the possibilities are almost limitless.
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34. Types of Trademark
TrademarkWord Mark
Collective
Mark
Certification
Mark
Service
Mark
Sound
Mark
Logo
3D Mark
Smell Mark
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35. Functions of a Trade Mark
• Identify the source of Goods or Services
• Assures Consumers of Uniform Quality of
Goods /services
• Creates Goodwill and brand recall
• Differentiate your brand in the market
• It advertises the product
• It ensures genuineness of the product
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37. • If your brand name is already in use,you
can apply for Trade Mark registration
indicating the earliest use date of your mark
in business
• The longer the period of use of trademark,
the stronger it is.
• Trademark Rights are Territorial
• You can obtain registration of your trademark in
India or in multiple countries through the system
of Madrid Protocol
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38. What to avoid when selecting a TM
• Must not be Generic terms: CHAIR to sell chairs
• Must not be Descriptive terms: SWEET to sell
chocolates
 Must be graphically represented
 Must be distinctive / distinguishable
 Must not be deceptively similar to known /well-known
marks /Generics
• Marks Contrary To Public Order and Morality
• Avoid Using Flags, Official Hallmarks, Emblems Without Legal
Authorization
• Geographical Indications / Deities
• National Leaders / Heroes / Symbols / Laudatory words5 January 2017 38

39. Trademark Registration Process in India
1. Classification of Product or Service – Total 45 Classes
2. Trademark Clearance Search
3. Trademark application preparation and filing
4. Examination report by Office
5. Respond to objections raised by office and filing of affidavit
6. Hearing before the Registrar of Trademarks
7. Order of Registrar refusing / allowing the trademark
8. Advertisement of the trademark in the trademark journal
9. 4 month window for anyone to file Trademark Opposition
10.If no opposition is filed – Trademark registered
11.Renewal of registered trademark to be done every 10
years.
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40. What is an Industrial Design?
• An industrial design is that aspect of a
useful article which is ornamental or
aesthetic.
• It may consist of three-dimensional
features such as the shape or surface of
the article, or two- dimensional features
such as patterns, lines or color
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41. • Industrial designs are applied to a wide variety of
products of industry or handicraft: from watches,
jewelry, fashion and other luxury items, to industrial
and medical implements;
• from house ware, furniture and electrical appliances
to vehicles and architectural structures; from practical
goods and textile designs to leisure items, such as
toys and pet accessories.
• Examples: shapes or forms of chairs, telephones,
cars, computers, airplanes, TV, watches, cameras,
etc
• Machines of different shapes and size can also
qualify for Industrial design Registration.
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42. Look & Feel Appeal
•Does not protect any technical features of
the article to which it is applied to.
•Appeal to and judged by the Eye
•Shape or Configuration, Pattern,
•Ornament of
•composition of lines
•composition of colors
•2D or 3D
•Applied to any Article
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43. PHARMA DESIGN
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44. Contd…
• While Patents deal with how the Article
“works” (Functional Aspect)
• Designs deal with how the Article “looks”
(Aesthetic Aspect/Appealing to Eye)
• The Designs Act calls the right “copyright in
the Design” though copyright deals with the
“artistic work” in 2 –dimension; the Designs
act deals with such work in 3-dimension.
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45. May Qualify for Design
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46. May Not Qualify for Design
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47. Glass staircases in Apple’s Shop-may
Qualify for both Patent & Design
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48. TRAX-Airport Seating- may
Qualify for both Patent & Design
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49. • Term – 10 Years+5 Years extension on
Renewal
• After 15 years it goes to public domain
• Any person/designer or of his assignee
can apply design
• Foreign application must file through an
agent residing in India
• Basic criteria to get a design:-
• New, original, not previously disclosed
and substantial novelty
Least Expensive & Fastest Grantable IP
In Design Registration Process no Opposition
Only Granting or Cancellation5 January 2017 49

50. Design Registration Process
• Priority Application (Form1)
• Application Filed (within 6 months)
• Examination (Formality check + Substantive Exam)
• Response to the objection raised
• Acceptance
• Certificate of Registration Issued (Total 6-9 months)
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51. Specimens of Published Designs
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52. The Idea of Copyright
• Let’s go to 500
yrs back……
-Johann Gutenberg in
Germany around
1440 Invented
movable printing
press
-Introduced to England
by William Caxton in
the last quarter of the
15th century
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53. Contd…
• England's Statute of
Anne (1710) is widely
regarded as the first
modern copyright law
that for the first time
protected the rights of
authors rather than
publishers of books.
• Term of copyright was
28 years [14 years + 14
years if the author was
still alive]
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57. 575 January 2017

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59. Copyright & Monkey Selfie
Female Celebes crested
macaque
David Slater
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61. 615 January 2017

62. What is Copyright?
Copyright is a kind of Intellectual Property Rights (IPR).
Copyright is a right given by the law to creators of
literary, dramatic, musical and artistic works and
producers of cinematograph films and sound
recordings for a limited period of time after that it
goes into the public domain.
For copyright protection:
•The work must be original.
•The work must be fixed, or presented in a tangible form
such as writing, film, or photography.
• Created by any qualified person
let us discuss the functional aspects… of
copyright
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63. Copyright is in essence a bundle of rights
Rights for reproduction
Rights for modification/adaptation
Rights for distribution,
Rights for public performance,
Rights for public display,
Rights of Copyright Owners
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64. Copyright as Economic or Moral Right
Copyright
Economic Right Moral
Right
licensed, assigned, Can not be
transferred
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65. Who is Author?
• In the case of a literary or dramatic work the
author, i.e., the person who creates the work.
• In the case of a musical work, the composer.
• In the case of a cinematograph film, the
producer.
• In the case of a sound recording, the producer.
• In the case of a photograph, the photographer.
• In the case of a computer generated work, the
person who causes the work to be created.
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66. Terms of Copyright
• Literary
• dramatic,
• musical and
• artistic works
• photographs
• Lifetime + 60 years from the
beginning of the calendar year next following
the year in which the author dies.
Example: if Author dies in say 2nd
Nov, 1979. So, duration of
protection of 60 years period will
be from 1st Jan, 1980 to 31st Dec,
2040.
Also, in case of joint author, year
count for this process will depend
upon the author who dies last.
Example: Author X and Y are co-
author of a work. Author X dies on
4th April 1988 and Y dies on 26th
August 1991. So duration of
protection of sixty years period will
start from 1st Jan, 1992.
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67. • Anonymous and
pseudonymous
works
• Posthumous work
• Cinematograph
films
• Computer Programs
• Sound records
• Government work
• Public undertakings
• International
Agencies
• 60 Years
period is counted from
the date of first
publication
• Period starts from the
beginning of next year,
following the year in
which film was first
published.
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68. Copyright Registration in India
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69. Inception of ICT has made the copyright
issues more complex and intricate
• Identifying the ownership
• Establishing the copyright
• Enforcing the copyrights
>>>>>>> has become too complex
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70. What is Fair Use ?
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71. Determination of Fair Use
• Four Factor Analysis>>>
• P (Purpose)
• N (Nature)
• A (Amount)
• M (Marketing)
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72. Copying-Qualitative or Quantitative ?
Copying
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74. 5 January 2017 74

75. Ontogeny Recapitulates Phylogeny
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76. Before you post in Facebook
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77. Copyright in Cloud
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78. Who is owning the copyright ?
>Cloud operator or Copyright Owner ?
The Same is applicable
for all Social media.
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79. Case Study: Fair Use Case in DU
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80. References
1. Subhajit Saha,
CII-APTDC
2. N.K.Mohanty
Deputy Controller Of
Patents & Designs
Patent Office,
Mumbai
Govt. Of India
3.Dr. K. S. Kardam
Sr. Joint Controller of
Patents & Design
Intellectual Property
Office Building,
Plot No. 32, Sector
14, Dwarka,
New Delhi-110075
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81. Thank
You5 January 2017 81