Intellectual Property (IP)

• All notes are regarding Intellectual Property (IP)

General Concepts

• Intellectual property is defined as legal rights over creations of the mind
• An "invention" refers to a new device or process
• Novelty in patents means the invention must be unique and unknown to the public
• One primary reason for granting IP rights is to encourage innovation and creativity
• Patents protect inventions, while trademarks protect brand names
• The main purpose of a trademark is to distinguish goods/services of one business from another

Forms of Intellectual Property

• Land ownership is not considered intellectual property
• Real estate is not a form of intellectual property right
• Novels are not fall under industrial property

Patents

• Patents can be licensed to others
• A patent is valid only in the country where granted, due to the concept of "territorial rights"
• Patents for inventions are generally granted for a limited period, often 20 years
• Trademarks are industrial property
• Copyright provides protection for artistic works
• Patents are not covered by the Paris Convention
• It isn't possible to get a patent for: business methods
• In India, mathematical or business methods cannot be patented
• New methods of treatment are an exception to patentability in India

WIPO

• The primary role of WIPO (World Intellectual Property Organization) is to promote the protection of IP rights globally
• WIPO provides technical assistance to developing countries to improve their IP systems
• The Berne Convention for the Protection of Literary and Artistic Works is administered by WIPO

Treaties and Agreements

• The Paris Convention and Hague Agreement are treaties administered by WIPO
• WTO (World Trade Organization) Agreements are not administered by WIPO
• The Paris Convention deals with the international protection of intellectual property
• The Paris Convention's principle of "national treatment" means foreign nationals receive the same rights as local nationals
• The typical duration of patent protection under the Paris Convention is 20 years
• The Paris Convention provides priority rights, allowing a 12-month window to file in other member countries
• The main objective of GATT (General Agreement on Tariffs and Trade) is to promote free trade among nations
• The international agreement concerned with the registration of trademarks is the Madrid Agreement
• The Madrid Agreement simplifies international trademark registration
• The Madrid Agreement benefits trademark owners, enabling them to file one application for protection in multiple countries
• The Madrid Protocol supplements the Madrid Agreement, allowing subsequent designations to expand trademark protection
• The UPOV Convention is specifically designed to protect the intellectual property of plant varieties

Patent Cooperation Treaty (PCT)

• The Patent Cooperation Treaty (PCT) facilitates filing of patents in multiple countries
• A key reason for patenting an invention is to grant the inventor exclusive rights to profit from the invention

Novelty Search

• The purpose of a novelty search in patenting is to determine if the invention is already known

Industrial Design

• Intellectual property that protects the visual design of objects: industrial design
• Industrial design refers to the aesthetic aspect of a product

Covers key concepts of intellectual property, including patents, trademarks, and their legal implications. Explains novelty in patents, the purpose of trademarks, and the territorial nature of patent rights. Also identifies what is not considered intellectual property.