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Intellectual Property Rights Cell

In the education, service, training and research that NID provides in the field of design, the creative, innovative, and original work that is created constitutes the intellectual property of design, whether it is a physical product, a visual image, or a piece of text. To provide the security and beginner’s privilege to the institute and the creator to develop such ideas commercially and to further sustain, enhance, stimulate such creative output, the institute tries to obtain legal protection in the form of Intellectual Property Rights (IPR) for all work happening at the institute.

In certain cases the institute might feel that the nature or purpose of the work requires free dissemination of knowledge of the work and freedom for others to take the work in other directions, without the restriction of seeking explicit permission from NID each time. In such cases, NID may decide to obtain a Creative Commons license or a Copyleft for the work in addition to the Government’s IPR through law.

Benefits of filing for IPR

  • Being owner of IPR, whether joint or sole, is a big deal on a resume! It counts a lot in getting jobs and in applying for higher studies.
  • IPR  helps to legally secure one’s product against attempts to replicate it for commercial use by unscrupulous competitors.
  • Possession of IPR makes it safer to enter it in award competitions where public disclosure of the work is required and the risk of someone stealing the idea for commercial gain exists.
  • Even where the Institute would end up becoming the sole owner of students’ work, it would be proud to provide official letters giving credit to the students who are the creators of the works.
  • When IPR for student work is held jointly with the institute, the legal security of the work remains in the safe custody of the institute.

Lastly and most importantly, all these advantages come for free for the student. A process costing many thousands of rupees and a lot of bureaucratic paperwork would be undertaken entirely by the institute for its students. The entire financial burden of obtaining the IPR would be borne by the Institute. No payment of any kind is expected from the student for any part of the IPR application process.

Types of Intellectual Property and their corresponding Rights

  1. Design Registration: ‘Design’ means only the features of shape, configuration. pattern, ornament or composition of lines or colours applied to an article whether in two dimensions or three dimensions or in both forms, by any industrial process or means which in the finished article appeal to and are judged solely by the eye.

    If the utility or advantage or experience or pleasure of usage of an object derives from its outward, tangible, visible attributes such as shape, colour, pattern, texture, alignment or geometric configuration or composition of elements in two or three dimensions which in the finished article appeal to and are judged solely by the eye, then this aspect of it is called its ‘design’ and the IPR that it qualifies to gain protection for is called Design Registration. Possession of a design registration would prevent others from replicating that form or appearance in their product.

  1. Patent: A Patent can be granted to a new and useful product or process whose utility or advantage or experience derives from any mechanism or contraption inside whose operation can be said to impart a “working” to the object. Possession of a patent would prevent others from replicating that mechanism of operation in their device.

    Invention includes an inventive step which is capable of industrial application. An invention that involves technical advance as compared to the existing knowledge or having economic significance or both that makes the invention not obvious to a person skilled in the art. The Act recognises only the process patents in drugs and foods and not product patents in them.

  1. Trademark: A trade mark may be registered for goods and services. “Goods” means anything which is the subject of trade or manufacture. “Service” means service of any description which is made available to potential users and includes the provision of services in connection with business of any industrial or commercial matters such as banking, communication, insurance, financing, and few others.

  2. Copyright: In India, Copyright subsists in original literary, dramatic, musical and artistic works, Cinematographic films and Sound recordings, literary work which includes computer programme including databases. The subject matter of copyright includes e.g. poems, novels, music, school text books, question paper set for examinations, law reports, catalogues, thesis, etc. The copyright law generally provides to the owner of copyright the right to reproduce the work in any material form, to issue copies of the work to the public, to perform the work in  public, or communicate it to the public, to make any cinematographic film and sound recording in respect of the work, to make any translation of the work, to make any adaptations of the work.

  3. Geographical Indications:  Geographical Indications indicates that particular goods originate from a country, region, locality and has some special characteristics, qualities, reputation, which are made attributable to its place of origin. These special characteristics or reputations may be due to various factors, e.g. natural factors such as raw materials, soil, regional climate, temperature, moisture, etc.
    Examples are Darjeeling Tea, Kullu Shawls, Kangra Paintings, Blue pottery of Jaipur, Assam- Muga silk and Joha Rice are few of the registered GIs of India.
  4. Semiconductor Integrated Circuits And Layout DesignsAn integrated circuit (IC) is a small semiconductor-based electronic device consisting of fabricated transistors, resistors and capacitors. Integrated circuits are the building blocks of most electronic devices and equipment. An integrated circuits is also known as a chip Semiconductor Integrated circuit means a product having transistors and other circuitry elements which are inseparably formed on a semiconductor material or an insulating material or inside the semiconductor material and designed to perform an electric circuitry function.

    Layout designs means a layout of transistors and other circuitry elements and includes lead wires connecting such elements and expressed in any manner in a semiconductor integrated circuit.

Process of obtaining IPR

  • IPR is given by the Government of India’s Patent Office and has to be applied for through formal channels.
  • The application process involves bureaucratic governmental procedures, paperwork, and payment. Part of the paperwork is information in text and visual form on the object for which IPR is being sought.
  • Filing an application for IPR is acknowledged by the Patent Office through assignment of an application number. Until the registration is received from the Patent Office, this number can be used to claim IPR protection under law.
  • Sometimes the Patent Office raises queries on the application involving technicalities about the product. In such cases, the students might be contacted again to provide answers to such queries, since they would be the persons technically most competent to answer them.
  • Obtaining the certificate of IPR typically takes months for design registrations and years for patents.

Misconceptions regarding IPR

The following points should be kept in mind:

  • IPR has to be applied for, it is not automatic upon creation of the work. Until the Institute applies for IPR for the student’s work, the work remains unprotected.
  • Making an application for IPR does not mean automatic receipt of IPR. Often, applications are turned down or rejected by the Patent office authority on the grounds of lack of novelty or other objections.
  • Obtaining the certificate of IPR typically takes months for design registrations and years for patents. Until the certificate is obtained, therefore, the product or work is not to be considered protected. The application number can be used in the meantime in place of the certificate to inform others than IPR application is under process.
CONTACT

IPR Cell

E-MAIL

ipr[at]nid[dot]edu

PHONE

+91 79 26629689