IPR

Top 10 countries most patent filings

Sr. Country No. of patents Growth rate
No
1 China 1.38 million 14.2 percent
2 United States 606,956 0.2 percent
3 Japan 318,479 0.03 percent
4 The Republic of Korea 204,775 1.9 percent
5 The European Patent 166,585 4.5 percent
Office
6 Germany 67,712 0.3 percent
7 India 46,582 3.4 percent
8 Russian Federation 36,883 11.3 percent
9 Canada 35,022 0.8 percent
10 Australia 28,906 1.8 percent
Types of Intellectual Property
 Requirement of Intellectual Property
rights:
• Prevent plagiarism.
• Prevent others using it.
• Prevent using it for financial gains.
• Fulfil obligation to funding agency.
• Support income generation strategy.
MULTIPLE TYPES OF IP RIGHTS CAN BE
USED TO PROTECT AN INVENTION
• The brand, “Coca-Cola,” is a trademark.
• The formula for the actual soda is a trade
secret,
• while copyright protects the packaging art.
• The shape of the Coca-Cola® bottle is
protected by both (1) a design patent and a
trademark
 Problem Faced By Startups
• Planning for protections after launch of the
product/idea
• Confusion regarding choice of proper
protection for the idea/product
• Lack of research before the launch of idea/
products
• Lack of secrecy before the launch
 What Are the Types of Patent
Infringement?
• Direct patent
• Indirect Infringement
• Contributory Infringement
• Induced Infringement
• Willful Infringement
• Literal Infringement
• Doctrine of Equivalents
Patent Infringement
 Trademark Infringement
• Any unauthorized use of the exclusive
statutory rights of a registered trademark
constitutes infringement.
Trademark Infringement
 Copyright Infringement
• copyright infringement occurs when a
copyrighted work is reproduced, distributed,
performed, publicly displayed, or made into a
derivative work without the permission of the
copyright owner.
 Copyright Infringement
• The fast food giant McDonald's has lost a David v Goliath
legal battle against a Malaysian curry restaurant which used
the term 'McCurry'.
• The eight-year legal dispute ended when Malaysia's highest
court ruled in favor of the curry house, in Kuala Lumpur.
• After the trademark battle, the federal court rejected a
McDonald's Corporation appeal against an earlier judgment
that had allowed the curry restaurant to use the 'Mc'
prefix. McDonald's was also ordered to pay costs.
• The owner of McCurry, which includes fish-head curry on
its menu, successfully argued that the name stood for
Malaysian chicken curry.
 Trade secrete infredminet
• Trade secret infringement is called
“misappropriation.” It occurs when someone
improperly acquires a trade secret or
improperly discloses or uses a trade
secretwithout consent or with having reason
to know that knowledge of the trade
secretwas acquired through a mistake or
accident.