INTELLECTUAL PROPERTY RIGHTS

The term Intellectual Property (IP) reflects the idea that its subject matter is the product of the mind or the intellect. These could be in the form of Patents, Trademarks, Geographical Indications, Industrial Designs, Layout-Designs (Topographies) of Integrated Circuits, Plant Variety Protection and Copyrights.

India is a member of two major Treaties, namely,

→Paris Convention for the Protection of Industrial Property (relating to Patents, Trademarks, Designs, etc.)

→The Berne Convention for the Protection of Literary and Artistic Works (relating to copyright)

Apart from these, India is also a member of the Patent Cooperation Treaty (PCT) which facilitates obtaining of Patents in several countries by filing a single application.

Intellectual Property is divided into two categories:

Industrial Property – Patents, Trademarks including service marks, Industrial Designs, Layout Designs of ICs, Undisclosed Information including Trade Secrets and Geographic indications of source.


Copyrights – Literary and artistic work such as novels, poems, plays, films and musical works, etc.

India is a member of the World Trade Organization (WTO). The WTO agreement, inter-alias, contains an agreement on IP, namely, the Agreement on Trade Related Aspects of Intellectual Property (TRIPS). This Agreement made protection of Intellectual Property an enforceable obligation of the Member States. TRIPS Agreement sets out minimum standards of intellectual property protection for Member States. India has complied with the obligations contained in the TRIPS Agreement and amended/enacted IP laws.

THE INDIAN ACTS

The Patents Act, 1970, as amended, in 2005

The Designs Act, 2000

The Trade Marks Act, 1999

The Geographical Indications of Goods (Registration and Protection) Act, 1999

Copy Rights Act 1957, as amended in 1999

Semi-conductor IC Layout Design Act,2000

Protection of Plant Varieties and Farmers’ Rights act,2001

TRIPS AGREEMENTS

According to the TRIPS Agreements, the intellectual property has been classified into:

Patents

Industrial Designs

Trade Marks

Copyrights

Geographical Indications

Layout Designs of Integrated Circuits

Protection of Undisclosed Information/ Trade Secrets

IPR is a part of Enterprise Development. In the production department many enterprises introduce innovative processes and develop new products. We, do not give much importance to IPRs. These processes/ Products can be protected through Patents. Similarly Every Enterprise can have its own BRAND. This brand can be protected through Trade Mark Registration.

ERTERPRISE DEVELOPMENT

STEPS TO START AN ENTERPRISE – Part II


e) IMPORTANT TASKS

*Identification of suitable project/product/enterprise and prepare bankable project report

*Creation of proprietorship/partnership firm/Company/Society/Self-Help Group (SHG), etc

*Filing of Memorandum (EM) with DIC

*Accessing to Bank Loans, Admissible capital subsidy/assistance under various schemes of the central/state Govt. and other agencies/organizations/FIs/Banks

*Establishment of Factory Buildings/Office

*Obtaining Sanction of Power connection

*Selection of Appropriate Technology, installation of Plant &Machinery/office equipment.

*Obtaining various registrations/ licenses/ clearances/ NOCs etc. from concerned regulatory agencies/Govt. Departments/Local Bodies/Municipal Authorities, etc.

*Allotment of PAN no. /Service Tax/Sales Tax/VAT Registration, etc.

*Sanction of Working Capital Loan from Bank

*Arranging tie-up with raw material suppliers

*Preparation and implementation of marketing strategy for the product/service and market development

*Establishment of linkage with a mentor(s) for providing guidance in future

*Creation of web page and e-mail

*Trial Production & Test marketing

*Regular Production & Marketing

*Loan repayment

f) Micro, Small& Medium Enterprises

Enterprises have been broadly classified into: As per MSME Act 2006

i) Enterprises engaged in the manufacture/production of goods pertaining

to any industry

ii) Enterprises engaged in providing/rendering of services

Manufacturing enterprises have been defined in terms of investment in plant & machinery (Excluding Land & Buildings) and further classified into :

Micro Enterprises - Investment upto Rs. 25 Lakhs

Small Enterprises - Investment above Rs.25 lakhs
& up to Rs.5 crores

Medium Enterprise - Investment above Rs.5 crores
& up to Rs. 10 crores

Service enterprises have been defined in terms of their investment in Equipment (Excluding Land & Buildings) and further classified into:

Micro Enterprises - Investment up to Rs. 10 Lakhs

Small Enterprises - Investment above Rs.10
Lakhs & up to Rs.2 crores

Medium Enterprise - Investment above Rs.2 crores
and up to Rs.5 Crores

ENTERPRISE DEVELOPMENT

ENTERPRISE DEVELOPMENT

I am posting a series of Posts on Enterprise Management. This is the First Part

STEPS TO START AN ENTERPRISE – Part I

a) Decision to become an entrepreneur- Most important.

b) Select an Activity –Service or Product manufacture-


A preliminary market study of products or services

Where do you want to promote the enterprise?

What resources are available near the location of the enterprise?

What kind of market or consumer pattern exists near the site of enterprise?

What kind of contacts you have to exploit to your advantage for marketing of the product?

What infrastructure is available at the location of your enterprise?

How much capital is available?

c) Major inputs required for setting up an enterprise: Availability of-

Land, building or shed

Machinery and equipments

Raw Materials

Technology

Power and Water

Skilled manpower

Capital

d) Project Report Preparation containing detailed information about:

Land & building required, Manufacturing Capacity per annum

Manufacturing Process, Technology,

Machinery & equipment along with their prices and specifications,

Requirements of raw materials, Power & Water required,

Manpower needs, Marketing, Cost of the project and production,

Financial analysis & economic viability of the project.

..to be continued.

ENTERPRISE DEVELOPMENT

CUSTOMER FOCUS THROUGH VALUE CREATION


In the present day situation of consumer driven market, it is necessary to focus on the expectations of the customer.As an entrepreneur one must concentrate on the value created in a product or service. A customer buys a product only when he/she gets its real usefulness,quality and reliability and the service provided after sales. When sincerely adhered to these parameters it not only helps the entrepreneur in cost cutting but also retain the customer. In a buyer’s market it is the customer who defines the value. That means your values created by external means only through the customer/consumer. Evidently, we must focus on customers by providing good service to them and retain them almost valued partners in the supply chain/value chain.

The value chain includes the suppliers, the employees, the customers, the consumers and the share holders.In order to keep the quality one must focus on the quality of a supplier; in other words the quality of the materials, the price and just in time supply. The true value of the product or service depends on the quality of the in-puts. The consumer should satisfy with the product/service. This will result in repeat orders. A repeat order is a sign of the value created.

The most important input is the human contribution. The efficiency of the employees determines the quality of the output and thus creates the value. The efficiency is not only the skill but also the commitment of the employee for the work assigned to him/her. A satisfied worker is an asset to the company. The satisfaction comes through good pay package, welfare measures, job security, job satisfaction, status(position), etc. The shareholders look the value in financial terms and security for the money invested.

In order to achieve the goal we have to look all the above parameters through a process approach. Efficiency means doing things in the right way. An Entrepreneur, as a leader, shall do things differently.It means he/she must always focus on innovative approach. There must be continuous effort to put new ideas in the process to improve efficiency. The ultimate target shall be the customer satisfaction. In the supply chain every element plays its own role and each role is important in creating the value chain.

WE SHOULD ALWAYS REMEMBER THAT CUSTOMER IS GOD FOR THE ENTERPRISE