TMP Free Patent Lesson - 1

This short lesson basically teaches you the various types of Intellectual Property (IP) and Intellectual Property Rights.

• What is IP?
  
  IP is Intellectual Property - It is basically intangible property that is created at the mind of the humans before being converted to material forms. Property here is the human thought process and the protection accorded to such thought process. Eg: idea, business method, invention etc.
• What are IP rights?
  
  As the name indicates Intellectual Property Rights are exclusive rights over the creations of the mind. A creator can have exclusive rights over his creation for a certain period of time depending upon the type of Intellectual Property.

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• Why protect IP rights?
  
  Protection of IP rights is done in order to have monopoly over their inventions and creations and thus possess exclusive rights over their invention for a certain period of time depending upon the type of Intellectual Property.
• Types of Intellectual Property
  
  
  
  a. Patents: Patent is a grant given by the Government to an inventor for having made an invention. Once granted, a patent gives the inventor the right to exclude others from making, using, selling, importing or offering for sale the invention for the duration of the patent term.
  
  b. Trademarks: Trademark is a unique symbol that is used in marketing the business products by a person who owns the symbol. The trademark owner will have monopoly over the usage of that symbol
  
  Examples: Brands, Logos, Service marks, Trade name etc.
  
  c. Design Patents: These are patents for industrial designs. It deals with the protection of a unique design, shape, or ornamental surface of an object. In India they are called only as Designs and are regulated by the Designs Act and administered by the Designs Office located at Kolkata
  
  

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  d. Plant Patents: According to the US Law plant patents are issued when a person has invented or discovered and has asexually reproduced a new variety of plant that is distinct. The plant should be other than a tuber propagated plant or a plant found in an uncultivated state
  
  e. Copyrights: Copyrights are a form of IP rights given to an author, artist, composer, or programmer to exclude others from either copying or publishing literary, dramatic, musical, artistic, or software works.
  
  f. Geographical indications: It is a name or sign used on certain products or which corresponds to a specific geographical location or origin. The use of a geographical indication is that it may act as a certification that the product possesses certain qualities, or enjoys a certain reputation, due to its geographical origin.
  
  g. Internet Domain Names and Disputes: A domain name is the address of a web site which is intended to be easily identifiable and remembered, such as tmpsearchers.com. Sometimes they are used as trademarks or business identifiers also thus attracting customers to the websites. The reasons for domain name disputes may be several. One of them is that when your domain name is similar or confusing when compared to some other domain name.
  
  h. Trade Secrets: Any information that is not generally known, that will give a business advantage, or is commercially useful. Sometimes it is considered and referred to as confidential information. It may be a formula, process, design, device etc.
  
  i. Unfair Competition: The law of Unfair Competition helps in dealing with the economic injury caused to the business because of a wrongful business practice. It may be in relation to any distinctive design, slogan, shape, business lay out etc.
  
  

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