| Frequently Asked Questions |
What does Intellectual Property Right mean?
Intellectual property right can be defined as the right given to people over the creation of their skills. It usually gives the creator an exclusive right over the use of his/her creations for a certain period of time. |
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What are the main types of Intellectual Property Rights?
Patent, Copyright, Trademark, Service mark, Industrial Designs, Layout Designs for Integrated Circuits, Trade Secrets, Geographical Indications, Protection of Plant Varieties and Traditional Knowledge are the main types of Intellectual property Rights. |
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Is registration of IP important?
Patents, Industrial Designs, Integrated Circuit Designs, Geographical Indications and Trademarks have to be registered in order to get protection. The registration includes a description of what is being protected. Trade Secret is protected automatically according to specified conditions. Hence it is not required to be registered and disclosed. Copyright comes into existence automatically as soon as creation takes place but registration is important to prove valid ownership and claim infringement relief. |
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What is a Patent?
A patent is an exclusive monopoly granted by the Government for an invention under the National Patent legal regime. This exclusive monopoly is granted for 20 years from the date of filing patent application and excludes any one, other than the inventor, from manufacturing, using or selling the invention during the period of the patent. This exclusive right is only in the country (ies) in which the patent is granted. |
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What is Copyright?
Copyright is an exclusive right given by law for a certain term of years to an author, composer etc (or his assignee) for their original works of authorship including literary, dramatic, musical, artistic, cinematographic and sound recording, to print, publish and sell copies of original work.
The term of protection for which exclusivity is granted here is : Life of creator + 60 years. Copyright gives its holder universal protection |
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What is a Trademark?
A trademark is any word, name, symbol, device or any combination, capable of being represented graphically and distinguishes the goods or services of one person from those of others. A trademark may include shape of goods, packaging and combination of colours. The term of protection under the Trademarks Law in India is 10 years initially with renewal for subsequent 10 years term. |
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| What are the Tangible Effects of Intangible Rights? |
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Generates income through licensing, sale or commercialization |
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Improves organization’s market share |
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Enhances earning capacity |
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Potentials for raising Finance and JV arrangements |
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Increases the worth of the organization in the eyes of investors and financing institutions |
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Provides competitive edge in the event of sale, mergers, acquisitions |
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| What are the Advantages of Intellectual Property Rights? |
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Competetive edge: Provides exclusivity by creating entry barriers |
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Brand identity: Connecting ties with the consumers |
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Sales: Improves Market share of the organisation |
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Revenues and Profits: Source of unexpected revenue; Generates income through licensing, sale, royalties etc. |
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Net worth: Increases the worth of the organization in the eyes of investors and financing institutions |
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Image builder: Provides an advantage in the event of sale, merger, acquisition |
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| What is the need of Intellectual Property Valuation? |
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Corporate valuation for shareholders |
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Acquisition/Licensing of IP |
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M&A |
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Royalty rates |
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Management buy-out or buy-in |
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Transfer pricing |
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IPO/Fund raising |
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Litigations |
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Avail finance by use as collateral / prime security |
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Technology transfer |
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Financial Reporting |
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Bankruptcy and reorganization |
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Tax Planning |
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Allocation |
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IFRS-3 (Business combinations) –Purchase Price |
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What could be the consequences of infringement?
Civil : Injunction, damages or account of profit
Criminal : Imprisonment, fine or both |
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