overview of IPRs

Professor &
Lawyer.
Puttu Guru
Prasad
M.B.A., M.Com., L.L.B.,M.B.A., M.Com., L.L.B.,

 In its purest sense, Invention can be defined as the
creation of a product or introduction of a process for
the first time. A new type of computer is an example
of an invention.
 Innovation, on the other hand, occurs if someone
improves on or makes a significant contribution to an
existing product, process or service. Adding value to
something already existing.
 http://www.ipindia.nic.in/contact-
us.htm

 NIPO is dedicated to mobilizing the use of
intellectual property for economic and social
development by creating an IP culture and
enhancing knowledge & competencies in tune
with the global environment.
 NIPO works for advancing an intellectual
property agenda that promotes business
practices, commercial infrastructure and law
fostering economic growth through efficient
development, use and exchange of IP rights at
the point where technology
development, intellectual property rights, and
jobs creation all intersect.

 NIPO is an umbrella initiative destined to put
India on the map of intellectual superpowers.
NIPO's mandate includes developing policy
initiatives in the area of IP;
harnessing Intellectual Property assets &
knowledge to generate economic wealth; help &
assist individuals & organizations in capacity
building and work as a platform for
development, promotion, protection, compliance
& enforcement of Intellectual Property &
knowledge including through interactions with
other organizations in India and abroad which
are active in this field

 Registrar of Copyrights to be appointed by
the Central Government, who would act
under the superintendence and directions
of the Central Government. The Copyright
Office is currently located at the
following address:
 G-30, August Kranti Bhawan
Bhikaji Kama Place
New Delhi-110066
Telephone No.: 011-26100118,19

 Shri. O P Gupta, IAS
Controller General of Patents, Designs &
Trade Marks
http://www.ipindia.nic.in/contact-us.htm
 Intellectual Property India,
Patents/Designs/Trade Marks/Geographical
Indications,
Boudhik Sampada Bhavan,
Antop Hill, S.M. Road, Mumbai-400037

 Dr. B. Rajender, I.A.S.
Protection of Plant Varieties and Farmers'
Rights Authority
Govt. of India, Ministry of Agriculture &
Farmers Welfare,
Department of Agriculture, Co-operation &
Farmers Welfare,
NASC Complex, DPS Marg, Opp- Todapur
Village,
New Delhi-110 012
Tel: +91-11-25848127
Fax: +91-11-25840478
Email: chairperson-ppvfra@nic.in

 Creation
 Innovation
 Commercialization
 Protection
 Enforcement

 Copyright
 Industrial Property
 a.Trademarks
 b. Patent
 c. Industrial designs
 d. Confidential information
 E Geographical Indications

 Tangible property
 Land, houses, estates,car
 Intangible property
 -intellectual property
 Intangible wealth, easily appropriated and
reproduced,once created the marginal cost
of reproduction is negligible

1. Economic rights of creators
2. Commercial exploitation of owner of IP
3. Capital expenditure
4. Transfer of technology
5. Cultural development

 Capital expenditure for new products
 R and D
 Marketing and advertisement
 No free loaders
 Maintaining loyal followers
 Profit

 Can be sold
 Can be bought
 Can be lease or rent
 Can pass under a will
 Can be assigned

 Indian Patent Office is the legal custodian.
 Three machinery of administration
 - the IP office
 - the external machinery
 - the court

 Paris Convention for Protection of Industrial
Property 1967 ( 1989)
 Berne Convention for the Protection of
Literary and Artistic Works 1971 ( 1990)
 Trade-related aspects of Intellectual
Property Agreement 1994 ( 1995)
 WCT ( digital agenda)
 PCT 2004

 Protection for industrial property
 Trade mark
 Patent
 Unfair competition
 Governed by domestic legislation

 Protection of literary and artistic work
 Governed by national legislation

 Digital agenda.
 Technological measures such as
circumvention of technological maesures.

 Additional to Paris and Berne.
 Minimum requirement.
 Most favoured nation treatment.
 Strong enforcement procedure.

 Making it easier to make paten application
 Designated country.
 International phase to national phase.

 Laying down the minimum requirement for
the national legislation.
 “members may but shall not be obliged to
implement more extensive protection in
their law than is required by the agreement.
TRIPS 1(1)

 “Each members shall accord to the nationals
of other Members treatment no less
favourable than it accord to its own
national”

 State to state
 Not open to individual.
 Example : India v USA.

 Copyright Act 1957
 Trademarks Act 1999
 Patent Act 1970
 Industrial Design Act 2000
 Geographical Indications Act 1999
 Law of Tort
 -passing-off
 Confidential information

 Protection given by law for a term of years to
the composer, author etc… to make copies of
their work..
 Work include literary, artistic, musical,films,
sound recordings,broadcasts.
 Commercial and moral rights.
 No registration provision.

 Commercial exploitation of a product
 To identify the product, giving it a name
 “mark” includes a device, brand, heading,
label, ticket, name, signature,word, letter,
numeral or any combination.
 Does not include sound or smell

 Can either be registered or not registered
 Advantages of registered trade marks
 Application can be made for goods and
services
 Perform certain function such as indication
of quality,identifying a trade connection

 Compare the trade mark “Dove” to using the
mark “crows”.
 Would the “Frog restaurant ” be acceptable?
 Would Marksman and Weekend Sex be
acceptable?

 Basic idea of granting a patent
 “ the applicant applied to the government
for the right of patent and in return for the
monopoly given he must disclose everything
about the invention in the patent document”
( the description)
 Duration 20 years.

 Patent for invention
 Patent can be applied for a product or a
process.
 Patentable invention must be new,involves
an inventive step and industrially applicable
 Priority date- first to file

 Innovation
 Anticipating the changes that is coming
 - Kodak
 - Polaroid
 - Haeir

 The national route
 The Paris route
 The PCT route

 Protection for industrial designs that are new
or original
 Design are feature of shape, configuration,
pattern or ornament
 The design must be applied to an article
 The design must be applied by an industrial
process.
 Appeal to the eye.

 Novelty
 Effect of failure to register before marketing

 Meaning “ an indication which identifies any
goods as originating in a country or territory,
or a region or locality where a given quality,
reputation or other characteristic of the
goods is essentially attributable to their
geographical origin”

Product must come from a particular
geographical territory
 Uses a name link to the particular
geographical nature of the territory
 Such as Tirupati Laddu, Kondapalli
Bommalu, Scotch wiskey
 Pedana Kalamkari, Uppada Sarees
 To stop others from using

 Swiss made
 Swiss chocolates
 Dargiling tea
 Banginapalli Mango
 Kanchipuram silk sarees

 Based on common law
 There is no legislation pass by Parliament
 Enforced by court’s decision.
 Strict application of precedent.

 For trade mark ( registered and unregistered)
 Started from the tort of deceits.
 The deceiver, the audience and the victim.
 Requirement of “goodwill”

 Protection under the law of tort
 Protection for confidential information under
contract, employer-employee
relationship,husband and wife,etc
 Need to show:-
 - information are confidential
 - recipient who obtained the information
uses it
 - damages suffered by the owner

 Customers list
 Secret recipes
 Smells of a new perfume

Protection are territorial.
Procedural requirement must be met.
Intellectual Property office act as the governing
body.
Forms submitted, search made, prescribe time
period observed.
Abiding to International Convention.

 Life + 50
 50
 20
 15
 10
 Payment of statutory fee.

 Who is the owner?
 Proper plaintiff rule.
 -employer and employee relationship
 - independent contractor.
 - government employee.
 - joint-ownership.
 Commissioned works

 To control the whole or a substantial part of
the work.:-
 the reproduction in any material form.
 The communication to the public.
 The public performance,showing or playing
 Distribution by sale or other transfer
 Commercial rental to the public.

 Fair dealing exception
 Statutory exception under section 13(2)
 Temporal ( duration)
 Geographic
 Non-material works
 Compulsory licenses

 civil action
 Criminal prosecution
 Cost in litigation
 Assistance from Enforcement Division
 Being vigilant/ self help

 Starting a civil action
 Advantages
 Liability for cost
 Monetary compensation in term of damages

 Making a complaint
 Police or enforcement division
 Cost borne by the government
 No monetary compensation
 Remedy in term of fines or imprisonment for
the offender

 Primary infringement
 - who does or causes
 -making the product
 Secondary infringement
 - commercial activities
 - selling,distribution for sale etc

 sells,lets for hire or by way of trade exposes
or offer for sale or hire any infringing copies.
 Distribute infringing copies.
 Importing into Malaysia

 Assignment
 Licenses
 - exclusive
 - non-exclusive

 Only 20 % of IP rights such as in patent, trade
marks are owned by India.
 80 % are owned by foreigners.

Professor & Lawyer.Professor & Lawyer.
Puttu Guru PrasadPuttu Guru Prasad
M.B.A., M.Com., L.L.B., M.Phil.,M.B.A., M.Com., L.L.B., M.Phil.,
APSET., DFTM.,(PhD) JNTUKAPSET., DFTM.,(PhD) JNTUK.,.,
VVITVVIT

overview of IPRs

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