FINDING IPFOR BUSINESSWI R ETRADEMARKPATENTCOPYRIGHTTRADEMARKPATENTDESIGNBusiness world is consistently coping with the demands of new products, innovative creations, and solutions forcurrent problems. However, many a times during initial growth or at the peak of business log, R&D is overlookedthus jeopardizing Intellectual Property (IP) and ultimately exiting the competition by simply being eliminated.Therefore, it is of paramount importance that an entity realizes that solution it creates, howsoever minor, it may be- an improvement or customization, can be a part of an Intellectual Property that shall shape the future andperennial growth.Finding IP is designed to help you understand various forms of intellectual property rights and how to reap thebest out of it.INSIGHTPatentwire Consultants Pvt. Ltd.1www.patentwire.co.inIntellectual property refers to any form of knowledge orexpression which is created by human intellect.www.patentwire.co.inPatentwire Consultants Pvt. Ltd.2Helpsinenhancingbookvalue, acquiringloans, raising funds andattracting VCFundingProvides added value in M&A, IPO andSpin-offsEasy access to technology or partnering through cross-licensingAssist inpenetrating newmarket through licensing outAdvanced planning for newproducts andservicesImproves a companys financial statusSecures extra edge in business competitionKeeps one aheadinterms of negotiation and technological advancementsB E N E F I T STypes of IP Coverage RightsPatents A new process orproduct or bothor anyimprovement thereofThe ownerhas the exclusiverightto make, use, sell or license,import the inventionTrademarks Letters, numbers, words, colors, aphrase, sound, scent, logo, shape,picture, aspect of packaging oranycombinationof these inanytrade or businessThe ownerhas the exclusiverightto use, sell or license the trademarkDesigns 2Ddesigns asinprints, patternsor color combination and 3Ddesigns as in a shape andconfiguration of an articleThe ownerhas the exclusiverighttomake, use, sell or license theregistereddesignCopyrights Expression in the form of Art,literature, music, film, broadcasts,computer programsThe ownerhas the exclusiverightto use, sell or license thecopyrightedworkGeographicalindicationsDistinctiveness based on qualityby virtue of climatic or culturalaspects of a geographical locationThecommunityhas theexclusiverightto use and sell the registeredGITrade secrets &othersThese types of IP rights givecreators certain rights andprivilegesdependingonthetypeof IP protectionThe owner hasthe right touse,sell or license the IPA patent is reward of one's intellect issued by the government, for anovel product or process, in lieu of proper disclosure, that excludesothers from using the invention for any commercial or other purposesfor a set period of time.R I G H T ST E R M20Years from thedateoffilingExclusive right tomake,use, sell or import theinvention in theprotected territoryPATENTABILITYTERMRIGHTSwww.patentwire.co.inCriteria MeaningNovelty The product or process should be new at the time offilingandshouldnotbepublishedinanyforminany countryInventiveness Itshould notbeobvioustoapersonskilledintheartIndustrial Applicability The invention has industrial application and iscapable of being made or used in an industryPatentable The Invention does not fall under any of theinventions set out in the list of non-patentableinventions as per respective Patent LawsPatentwire Consultants Pvt. Ltd.3P A T E N T A B I L I T YIndustry PatentableComponentsAgriculture Agricultural components & machinery, fertilizers, farm food processing,Chemical Compositions for usein AgricultureAviation Wings, radars, fuselage, airframes, engines, aircraft controllers, fuelcompositions, air traffic systemtools, runway &parking management toolsAutomobile Engineparts, electrical partsandsparkparts, drivetransmissionandsteering,VTS, braking parts, suspension, chassis parts, paints, polish, fuels,pistons, shaftsBiotech Vaccines, therapeutics, diagnostickits, bio-fertilizers, bio-pesticides, enzymes,gene sequences, biomedical devices, bio-markers, GM microbes, MutantsChemicals Basic chemicals, polymers, petrochemicals, consumer chemicals, paints, dyes,pigments, basic inorganic, industrial process, precious metal extractionElectrical &ElectronicsElectrical devices &machineries,cables,motors &generators, bulbs &lightings,renewableenergyequipments, solarpanels &inverters, householdappliances,electronics appliances, batteries, communication equipmentsFood Food processingmethods, recipe, formulations, healthsupplements, packaging,beverage manufacturing, dairy products,oil &fat manufacturing,bakery productmanufacturingIT Chips, hardware,telecommunications, web based technologiesPharmaceuticals Newdrugs,compositions,formulations,dosageforms,diagnostickits,vaccines,antigens, antitoxins and analogous productsInterestingFacts80- 85%i nventory of granted patentsremai n idlewithno commercializationOnly 8%of granted patents generate90% oftotal revenueworl dwide60%of patent appli cationsare rejecteddue to failure to meet patentabi litycriteria30-40% of patent applications ar erejected due to poor dr afting or poorstr ategyChi na, US, Japan, Korea& EUaremajorfilers ofpatent appli cations32%of worldwi de patent applicationsare fi led in the fi el d of electri calengi neer ingTRADEMARKSAny word, name or symbol or logo or mark adopted or used by anindividual, corporation or other entity to distinguish its goods or servicesfrom others' goods or services.Perpetual uponsubsequent renewalThe owner has theexclusiveterritorial righttouse, sellorlicensethetrade markInterestingFactsYou may use the symbol TM orSM without filing the trademar kapplicationYou cannot us e the symbo l without registr ati on ofyour mar kYou may fi le a civil suit witho uthavi ngregi steredmarkincas eofanyinfringementRej ection of mark does no t meanclosure or restrictio n of ongoi ngbusi nessTERMRIGHTSType Famous ExamplesWordCoined wordLogoSurnameCombinationAcronymPlacewww.patentwire.co.inPatentwire Consultants Pvt. Ltd.4Criteria Meaning ExamplesDistinctive The mark should not provide anylikelihoodofconfusionbetweenthemarkof the applicant anda markalready registered or pending byanother party.Colgate ANDColagateKnight AND NightZee TVAND GTVNon Descriptive The markshould not describe thequalityofthegoodsand/orservicesin which the registration is sought.Creamy for MilkKangan for BanglesHeal for medicineNon Generic The markshouldnot be of naturethatis common, everydaynameforgoodsand services and everyone hasthe right to use such terms to refer totheir goods and services.Motorcar for CarshowroomClinics for a HospitalR E G I S T R A T I O NA design is the visual or ornamental or aesthetic appearance of a productcreated by one's intellect issued by the government that excludes othersfrom using the novel and aesthetic design for any commercial or otherpurposes without permission for a set period of time.15 years subject to renewalTheownerhas theexclusiveterritorialright to use, sell orlicense the productRIGHTSTERMCriteria MeaningNovelty Thevisual appearanceof productshouldbenewatthetime of filing and should notbe published inanyform, in any countryDistinctive The visual appearance must not be similar to aknowndesign or combinati on of known designs.Non Functionality Theaestheticaspectoftheproductshouldnothaveany functional aspect.REGISTRATIONPrevents from being copied and imitated by competitors, and therebystrengthening competitive position.Obtainafairreturnoninvestmentmadeincreatingand marketingtherelevantproduct, and thereby, improving profits.Industrialdesigns arebusiness assets that canincreasethecommercial valueof acompany and its products. The moresuccessful adesign, the higher is its value tothe company.A protected design may also be licensed (or sold) to others for afee. By licensing,it may be possible to enter markets, that otherwise would have beenunapproachable.Helps in attracting and retaining customersB E N E F I T Swww.patentwire.co.inPatentwire Consultants Pvt. Ltd.5A copyright is an exclusive right over the way of expression.Criteria MeaningOriginality Theworkshouldbeoriginalandnotbeinga part of any adaptationBooks Novels Poems PlaysFilms Newspapers Songs LyricsSoftware Mobile Apps Databases Musical CompositionsChoreography Performing Arts Paintings DrawingsPhotographs Brochures Letter Head Web PagesSculptures Architecture Advertisements MapsTechnical Drawings Presentations Documentaries AnimationsMusic White Papers Research Papers ThesisRobi n Hood Zorro Dracula SherlockHolmesAli ceAll adin King Kong MadHatter Sindbad GulliverPUBLIC DOMAIN CHARACTERSCreators Life + 60 years*[* T&C Apply]TermThe owner has the exclusive worldwiderighttouse, sellor licensethecopyrightedworkRightsInteresting FactsYou own the copyrightrightaway with creationof awork [say, onpressing the clickbutton of camera]If youare working as an employee, your works underemployment belong to the companyYouownthe rights to any images/music/writtenmaterial you make during a freelance assignmentYou cant copyrightan ideaIf you download picture/song/video from theinternet and use*it for own purposes, it is acopyrightinfringement.[*T&CApply]You may sell or transfer the ownership of acopyright. However, you would retain a "moral right"to the property which is non-transferable.The use of the copyright symbol appearing on yourcreative work indicates a claim of ownership.www.patentwire.co.inPatentwire Consultants Pvt. Ltd.6Ageographical indication specifies a product on the basis of its origin fromaparticular geographical locationhavinga special quality or reputation.Criteria MeaningOri gin Productshoul dbelong tospecificarea, locality,territory or country.Quality &ReputationProduct shouldhave a reputation, qualityorcharacteristics mainly due to geographi calconditi ons of the area, locali ty, terri tory orcountry.Human or NaturalFactorProduct shouldinvolve natural and/or humanfactors viz. climatic, hydrological, geological,topographical andecological factorsandskill sand expertise of producers decisive toreputation, quality and characteristics of theproduct.R E G I S T R A T I O NAgricultural products, foodstuffs,wine andspirit drinks, handicrafts,and industrialproducts.TypePerpetual upon subsequentrenewalTermAn authorized user has theexclusive rights to use geographicalindicationin relation togoods towhich it is regi steredRightsSol apurTowel Mysore Agarbati Bi dri ware Coorg Organe Muga SilkHadagal i Jasmi ne Suj ani Embroidery Allahabad Surkha Bl ue Pot teryJaipurPokkali RiceProvides legal protection to the old and famous productsIncreases the productivity due to community centered productionRestri cts counterfeit products hence increases fai th and goodwill amongconsumersMore product demand increases moreworking opportunity and less migrationIncreases the economi c prosperity of the community B E N E F I T Swww.patentwire.co.inPatentwire Consultants Pvt. Ltd.7A is confidential information pertaining to a formula, practice, process,design, instrument, pattern, commercial method, or compilation of information which isnot usually known or reasonably ascertainable by others, and by which a business canobtain an economic advantage over competitors or customers.trade secretKNOW HOW'Know-how' is a term for tactic knowledge on how to accomplish something. Most often,it is difficult to transfer it to another person by means of writing it down or verbalising it.Indeed, it is a component in the transfer of technology in national andinternational environments, co-existing with or separate from other IPrights such as patents, trademarks and copyright and is consideredas an economic asset.It is of utmost importance for a business entity to appropriately identify and classify the know-howandtrade-secrets andensure the protectioninevery possible manner. For, eveninthe courtof law, a secret is a secret so far it is protected. One needs to acknowledge that every damagecontrol or compensationis insufficient once the secret is out!www.patentwire.co.inPatentwire Consultants Pvt. Ltd.8The company has grown in an unprecedented manner by being aggressive on protecting its IP.PATENTSDESIGNSThe company has captured major market share which is attributed to the IP protections, mainly designs. It is aninteresting case studyof business leverageddue tobetter strategyinIPprotection..TRADEMARKSThe company has captured major market share which is attributed to the quality products and goodwill ingeneric market.COPYRIGHTSRS Entertainment of Ramesh Sippy till date has very effectively protected its creation Sholay and thecharacters especially the Gabbar Singh. It has been diligent in the full utilization of IP created, monetarily aswell as morally!Hamdard Laboratories set an ideal example of protection of know-how and trade-secret maintained thus far.The refreshing drink has been successful in keeping the brand forever fresh in consumer minds!TRADE SECRETSwww.patentwire.co.inPatentwire Consultants Pvt. Ltd.9DisclaimerPatentwire has used reasonable endeavours to ensure that contents of this report were correct at the time the relevant pages were created, modifiedand published. Patentwire does not make any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy,completeness, or usefullness of any information. Reference herein to any specific commercial product, process, or service by trade name, trademark,manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by the Patentwire.CopyrightUnless otherwise stated, the copyright or similar right of this report is owned by Patentwire Consultants Pvt. Ltd. You are permitted to print ordownload this report for your personal use only. None of this material may be used for any commercial or public use. The name and logo ofPatentwire are trademarks of Patentwire Consultants Pvt. Ltd. You are not permitted to use or reproduce or allow anyone to use or reproduce thesetrademarks for any reason. Other company, product, pictures and service names may be trademarks or service marks or copyright of others. Patentwire 2015. All Rights Reserved.This report is for informational purposes and is not intended to constitute legal advice.PATENTWIRE CONSULTANTS PVT. LTD.B-10, Ground Floor, Vishwakarma ColonyM.B. Road, New Delhi-110044, IndiaMobile: +91 98113 67838 | Telephone: +91 11 26360036Fax: +91 11 26360037Email: desk@patentwire.co.inwww.patentwire.co.inWI R EWHERE INVENTIONS LIVE LONGTM