Intellectual property refers to creations of the mind, such as inventions(patent), literary and artistic works(copyright), symbols,names and images (Trademark) used in trade.

1. An Introduction to Intellectual Property
By
Raja Selvam
Managing Attorney
Selvam and Selvam
rselvam@selvamandselvam.in
www.selvamandselvam.in

2. Intellectual Property is
 creations of the mind;
 inventions, literary and artistic works; and symbols, names, images and designs used in
commerce.
Importance of Intellectual Property
 Drives Economic Growth and Competitiveness
 Protect Consumers and Families
 Breakthrough Solutions to Global Challenges
 Encourage Innovation and Reward Entrepreneurs
 Creates and Supports High-Paying Jobs

3. Types of Intellectual Property
Trade mark is
• a name, word, phrase, logo, symbol, design, image or a combination of these;
• enabling the consumer to identify the origin of goods and services and
• distinguish the goods and services from one another.
Patent is
• A set of exclusive rights;
• granted by a Government to an inventor;
• for a limited period of time (generally 20 years);
• in exchange for the public disclosure of an invention.
Copyright is
• An exclusive legal right;
• given to the author
• to print, publish, perform, film, or record literary, artistic, or musical material.

4. Types of trademarks
Product trademarks
Service trademarks
Certification trademarks
Collective trademarks

5. What cannot be registered as trademarks?
Not Distinctive;
Descriptive;
Designate the kind, quality, quantity;
Common to trade;
Deceive the public or cause confusion;
Hurt the religious sentiments;
Scandalous or obscene matter;
Prohibited under the Emblems and Names (Prevention of Improper Use) Act;
Chemical Compound or substance.
Generic names

6. Important of trademarks
Brand identity Consumer goodwill
Avoid consumer confusion
Stop others from taking and
using your brand
Commercialization

7. Basic steps before choosing a trademark
Free searches; Google, Wikipedia etc.
Professional searches; Trademarks register, Company names register
Domain Name searches
Social Media name searches
Protecting Your Trademarks
Use it extensively and properly; Brand usage policy.
File an application with the trademark office;

8. PATENT

9. What are patentable?
The invention must be new;
Must involve an inventive step;
The invention must be capable of industrial application.

10. What are not patentable?
Discovery
Invention against the laws of nature;
Invention contrary to public order or morality;
Invention that causes serious prejudice to human, animal, plant life, health or environment;
Methods; agriculture, treatment, diagnosis, scientific theories, maths.
A literary, dramatic, musical or artistic work or any other aesthetic creation; or
Traditional Knowledge
Invention relating to atomic energy
Computer programs; computer program embedded in hardware is patentable;
Combination of medicines – Cadila Case

11. Importance of patents
Prevent others from copying your invention;
Keep competitors at bay;
Use in negotiations;
Enhance reputation;
Commercialization;
Protecting Your Inventions
Proper Documentation;
Confidentiality; NDA to be signed even before discussions
File an application with the patent office;

13. What can be copyrighted?
Original literary, dramatic, musical and artistic works;
Cinematograph films;
Sound recordings.
What can't be copyrighted?
Ideas;
Information in public domain

14. Importance of copyrights
Commercialization
Stop others from copying your work;
Copyrights Protection
Attach a copyright notice to your work; © ABC Inc - 2011
File an application with the copyright office;

15. If you have any questions, feedback or suggestions please do write to me:
rselvam@selvamandselvam.in