UNIT-7_ IPR_Final PPT.pdf (Applicable for India)

Topics
Intellectual Property Rights
-Copyright
-Patents
-Trademark
-Geographical Indications
- TRIPS

Intellectual Property Rights (IPRs)
Intellectual Property
• It is not unearthed or discovered
• It is invented or created
• It originates from one’s intellect, mind power,
creativity, thinking, ideas, innovations e.g. new book,
technological development, design, machine, variety
of plant, drug etc.
• It is creation of mind

Rights over Intellectual Property?
• Creator of the property owns the creation
• Encourage and reward for his creative work
• Stimulate and motivate the creator
• Social assets are created and Society at large is
benefited ultimately with the creation

Relevance of IPR for students
Helps the students to understand-
• How important are their creative ideas &
creations?
• What they can do for themselves, their
country and for the world at large with their
creations?
• How to protect their creations?

Definition- IPRs are the rights given to
persons over the creations of their mind. They
usually give the creator an exclusive right over
the use of his creation for a certain period
of time.

Intellectual Property Rights (IPRs) --
Kinds
• Copyright and rights related to copyright
(Right to author of literary & artistic work, right of performer,
singer, actor, musicians w.r.t. book, painting, sculpture,
computer program, musical composition etc.)
• Patents
(Inventor’s right on an invention w.r.t. a product, process,
method or manner of manufacture; machine, apparatus or
article; substance produced by manufacture)
• Trademarks
(Design, brand, heading, label, word, name, sign etc. which
distinguishes goods/services of one from other)
…..contd.

Intellectual Property Rights (IPRs) -- Kinds
• Geographical indications
(Place name identifies a product e.g. Banarasi sari, Kolhapuri
chappal, Lucknavi kurta, Darjeeling tea etc)
• Industrial designs
(Shape of a product e.g. design of a watch, car, jewellery,
saree etc.)
• Integrated circuit layout-designs
(Protects layout design of silicon chips, transistors, or
integrated circuits which are integral part of computers and
electronic devices)
contd…..

Intellectual Property Rights (IPRs) -- Kinds
• Trade dress (Sita Travels, King fisher, Go
Airways, Mcdonald, Pizza Hut, etc.)
• Undisclosed information & Trade secrets
• New plant varieties (wheat, rice etc.)

 WIPO (World Intellectual Property
Organization )was established by the
WIPO Convention in 1967
 The WIPO is a specialized agency of
the United Nations.
 It promote the protection of IP
throughout the world.
 Its headquarters are in Geneva,
Switzerland

Whatis Intellectual Property?
Definition by WIPO
1
Intellectual property (IP) refers to
creations of the mind: inventions,
literary and artistic
symbols, names,
works, and
images, and
designs used in commerce.

Major Types of IP
Functional &Technical
Inventions
Patents Act, 1970
Amended
in 1999 & 2005
Purely
Artistic works
Copyright Act,
1957
Amended in1982,
1984, 1992,
1994 & 1999
A symbol, logo, word, sound,
color, design, etc.
Trademark
Act, 1999
Amended in 1994,
1996 & 2000

Copyright
• According to Copyright Act 1957
“Copyright means the exclusive right to do or
authorize others to do certain acts in relation to:
1) Literary
2) Artistic
3) Dramatic
4) Musical
5) Cinematograph film
6) Sound recording”.

◾The Indian CopyrightAct,1957 governs
the system of copyrights in India.
[Amended in 1982, 1984, 1992, 1994
& 1999]
◾Meaning : It is a right which Grants
protection to the unique expression of
Ideas.

◾The term original in the copyright
law means that the work
originated with the author.
◾There is no requirement for
novelty or uniqueness as there is
in patent law.
◾Copyright law protects the
expression of an idea. Not the
idea itself.

Copyright
• Right granted to owner of original
-Literary, dramatic, musical and artistic work
-Cinematograph films
-Sound Recordings
• Right is granted to Expression of ideas but not to
the Original idea
• Computer programme are treated as Literary
work and are eligible for protection as copyright.
• A person is not owner if the work is done in
course of employment or for consideration
• Owner may assign or grant license to others
• Copyright Act 1957 deals with issues of copyright

Literary Films Dramatic
Musical Sound Recording
Artistic

• Literary and dramatic work – Author
• Musical work – Composer
• Artistic work – Artist
• Cinematograph film – Producer
• Sound recording – Producer

◾ Ideas
◾ Facts
◾ Recipes
◾ Works lacking originality
◾ Names, titles or short phrases

◾Register a copyright by completing a
simple application form, along with the
appropriate fee
◾Need not send a copy of your work,
◾It may appear with the same title, but if
each work has been created
independently, each will have its own
copyright protection.

(Copyright )
Duration
Unpublished work ---Perpetual protection
Published work ---Life of author + 60yrs. from the next
calendar year of his death
Records & photograph---60 yrs from the date of publication
Cinematograph ---60 yrs from the date of first public
exhibition
Broadcast reproduction rights---25 yrs from next calendar
year in which the first broadcast was made
Performer’s right (actor, musician) --- 25 yrs from the year in
which the performance was made

◾Gives permission to use copyrighted
materials if certain criteria are met
◾Protects freedom of speech
◾Promotes public benefits like
education.

Take action against
Infringements

◾Any reproduction, use , distribution,
performance, etc. of the work without
the permission of the owner.
◾An identical or substantial similar
reproduction is also covered
◾Infringement – Damages - Injunction

◾A suit can lie in the
district court or in a
high court u/s 63 of
the copyright act,
1957
◾Punishable with
imprisonment upto 3
years and fined as
per the claims.

Intellectual Property Rights (Copyright )
Infringement
• No other person should commercially exploit a
copyright without the permission of the owner or
Registrar of Copyrights
Remedies
Civil-Injunction, claim for damages
Criminal-Imprisonment (6 months –3 yrs)
+ fine Rs 50000- Rs. 2,00,000

PATENTS
• Patents Act, 1970 deals with issues relating to patents in India.
• Controller of Patents grants Patent in India.
• It is a Registered document granted to the inventor describing
his invention and ensuring certain rights to him in his
invention w.r.t. manufacture, use, or sell the invention.
• Normally a patent is granted for a period of 20 yrs.
• Others may use the invention only with permission of the
inventor as long as the term of the patent runs.

PATENTS
What can be patented?
• Only tangibles (Product/process)can be patented.
• The invention should be new , useful and non-
obvious(extra-ordinary).
• The invention may relate to product, process,
method or manner of manufacture; machine,
apparatus or article; substance produced by
manufacture.

PATENTS
Exclusions
• Invention should not be contrary to law or morality.
• It should not be relating to ATOMIC ENERGY and
others.
• It must not relate to an item mentioned in Sec.3 and
4 of the Patent Act, 1970.

PATENTS
Who can apply for registration of a Patent?
• Inventor himself
• His assignee
• Legal representative of the inventor (deceased)

PATENTS
Rights of Patentee (inventor)
Subject to restrictions imposed by Government for
the purpose of using the invention for its own use or
research or imparting knowledge to children, the
inventor has following rights:-
1.Exploiting the patent 2. Licensing the patent to
another person 3.Assigning (transferring or
mortgaging) the patent 4.Surrender the patent
5.Filing suit for infringement of patent rights.

PATENTS
Compulsory Licensing
With a view to curb MONOPOLY and to safeguard
public interest, Controller of Patents
may order for compulsory licensing of the patent
if the patent rights are not commercially exploited by
patentee OR the invention is not available to public
at reasonable price.

PATENTS
Infringement of Patent and Remedies
Subject to exceptions, no one can exploit the patent without
the permission of the patentee. Any violation of the rights of
the patentee amounts to infringement which may occur due
to:
• Colorable imitation or mechanical equivalent
(slight change in product/process to look it as original
invention)
 Remedies:-Injunction, damages/compensation for loss
(within 3 years from the date of infringement)

PATENTS
International Arrangements
• Patent rights of a citizen of a country are protected in another
country provided there is an international treaty, convention
or arrangement to protect patents rights between them (India
and other country).
• An inventor of such country can apply for registration of
patent in India within 12 months from the date of making
application in any of convention countries in order to claim
priority date in India.

Patent
• “ A patent is a monopoly right granted to a
person who has invented a new and useful
article or an improvement of an existing article
or a new process of making an article.”
• Patent Act, 1970

• Object: The object of patent law is to encourage
scientific research, new technology and industrial
progress.
• A patentable invention must be
1) New Product or process.
2) Non-obvious
3) Useful
4) capable of industrial Application.
• Patent is a form of intellectual and Industrial property.
• Duration of patent: 20 Years

Invention
 Relates To A Process Or Product Or
Both
 Involves An Inventive Step
 Be Capable Of Industrial
Application
 A Machine

◾Term of the patent is 20 years
from the date of filling for all
types of inventions.
◾Priority date- first to file
◾The date of patent is the date of
filing the application for patent.
◾ The term of the patent is
counted from this date.

◾ The Government fee for filing a patent
application in India is Rs.750/- for
individuals and Rs.3,000/- for legal
entities.
◾ No fee for 1st and 2nd year
◾ Renewal fee, on yearly basis, is
required to be paid for 3rd to 20th for
keeping the patent in force.
◾ Patent lapses if renewal fee is not paid
within the prescribed period.

◾No, there is nothing like a global
patent or a world patent. Patent rights
are essentially territorial in nature
◾Granting a patent in one country of
the Union does not force other
countries to grant the patent for the
same invention.
◾The refusal of the patent in one
country does not mean that it will be
terminated in all the countries

 JAIPUR: Drawing
inspiration from
scientist Stephen
Hawking, a
wheelchair-bound
nine-year-old boy
here has invented a
game of six-player
circular chess. The
boy, Hridayeshwar
Singh Bhati has got
the game's design
patented in his name.

UNIT-7_ IPR_Final PPT.pdf (Applicable for India)

• A suit can lie in the District or
High court ,
• It may issue an injunction
either to prevent the
infringer from any further use
& award damages to the
patent owner or will pay the
patent owner royalties for
further use.

•Apple sued phone maker HTC and
has filed a complaint with the U.S.
International Trade Commission,
alleging that the Taiwanese company
is infringing 20 Apple patents related
to the iPhone
•Steve Jobs, Apple's CEO, said in a
statement "We think competition is
healthy, but competitors should
create their own original technology,
not steal ours."

TRADEMARK
• Trademark Act 1999 deals with related issues
• It protects goodwill associated with a product or
service.
• It may be a design, brand, heading, label, name,
signature, word, letter or numeral which
distinguishes quality of goods or services.
• It identifies a product or service and its origin.
• It guarantees quality of a product or services.
• It advertises a product or service.

TRADEMARK
• To get protection, it is got to be registered under
the Trademark Act.
• Surnames or geographical names usually can’t be
registered as trademark
• It should not mislead public.
• A trademark can be removed from Register for
non-use.
• Valid initially for a period of 10 yrs. Can be
renewed before expiry of earlier period.
• Assignable and transferable

TRADEMARK
Infringement
• Same mark when used by an unauthorized user
• A mark which is deceptively similar to the registered trade
mark. Deception may be w.r.t.
-Origin of goods or services
-Particular brand or quality
Remedies
• Injunction, Damages, Forfeiture of infringing marks
• Imprisonment (6 months-3 yrs) +fine Rs. 50000 – 2 lac
Foreign Trade Marks are permitted to be used in India

Trade Mark
• Trade mark means a mark capable of being
represented graphically and which is capable of
distinguishing the goods or services of one person
from those of others and may include shape of goods,
their packaging and combination of colors. -Section
2(zb)
• Trade Mark Act 1999

◾ Trademark:
A symbol, logo, word, sound, color,
design, or other device that is used to
identify a business or a product in
commerce.
Different Symbols are :
™ Intent to use application filed for product
SM Intent to use application filed for services
® Registered trademark

◾Application for search.
◾Application for registration.
◾Examination of trademark.
◾Advertisement of trademark.
◾Filing of opposition.
◾Certificate issued.

◾Trademark is valid for 10 years from
the date of application which may be
renewed for further period of 10 years
on payment of prescribed fees.
◾Service mark Rights are reserved
exclusively for owners for 17 year & it
can also be renewed.
◾The Govt. fees is Rs. 2,500 for each
class of goods or services.

◾A trademark is a sign Used on, or
in connection with the marketing
of goods or services.
◾“Used on” the goods means that
it may appear not only on the
goods themselves but on the
container or wrapper in which
the goods are when they are sold.
™ SM

Trademark can be visualized in many forms;
1) Letters
2) Numbers
3) Symbol/Logos
4) Shape of Goods
5) Packing
6) Name
7) Slogans

Trademarks
Name
Logotype
Symbol
Slogan
Shape
Color

PATENT TRADE MARK
60
Validity of
protection
when and where
registered
when and where
registered
Refers to
products
processes
applications
names, logo,
shape, symbol,
color, domain
Criteria
novelty, level of
inventiveness
no confusion,
generic name
Duration
20 years,
not renewable
6-10 years,
renewable

Duration of protection
61
YEARS RENEWABLE
Patents 20 No
Trade marks 10 Yes
Designs 10 Yes
Copyright
60 year
after death
No

NATIONAL
62
INTERNATIONAL
WHERE
Each country where you seek
protection
WIPO
system for 77 countries
FEES
National fees for each country One fee
LANGUAGE
Translation into national languages One language

G.I.
(Geographical Indications)
63
to
Name or sign used on
goods originating from
specific geographical origin
or location and possess
qualities, reputation or
characteristics that are
essentially attributable
that place of origin.

Geographical Indications
• Geographical indications (GI) identify a product as
originating in a particular place. (Banarsi saree, Mysore
silk, Lucknavi Kurta, Darjeeling tea, Lonawala chakki,
Bikaneri Bhujia, Kolhapuri chappal, Goan Pheni,
Champagne, Bordeaux (France), Chianti (Italy) (Famous for
wines)
• Geographical indications not only speak about the place
where the product was made but also identifies special
features, quality, reputation of the product which are the
result of the product’s origin in that place.
• In India, The Geographical Indications of Goods
(Registration & Protection )Act, 1999 deals with the issues
relating to GI.

• The Controller General of Patents, Designs and Trade Mark
appointed under Sec. 3(1) of Trade Marks Act, 1999 is the
Registrar of Geographical Indications.
• Use of a GI is prohibited when the product was made
elsewhere or when it does not have the usual
characteristics. This is to prevent unfair competition and
protect the customers from confusion and deception.
• Generally a GI is prohibited from being registered as a
Trade Mark but if it has already been registered or the
name has become a generic term, it can be registered.
Exp. Goods of Tata brand are not made in Tata Nagar
(Bihar), Cheddar cheese but not made in Cheddar (U.K.)

Rights and duration of Geographical Indications
• The registered Proprietor and the authorized user has
exclusive rights to use the GI in respect of related goods.
• Two or more authorized users of registered GI will have
equal rights.
• Relief can be sought before Court for infringement of GI.
• Registration of GI is valid for a period of 10 years and can
be renewed for another period of 10 years.
• Registration of authorized user is valid for a period of 10
years or till the date for which he is registered, whichever
is earlier.

Geographical Indication
67
India, as a member of the World Trade Organization
(WTO), enacted the Geographical Indications of Goods
(Registration & Protection) Act, 1999 has come into
force with effect from 15t h September 2003.
Geographical Indications of Goods
(Registration & Protection) Act, 1999
Geographical Indications of Goods
(Registration & Protection) Rules, 2002

Industrial Designs
68
Ornamental or Aesthetic aspect of
an article.
3-D or 2-D features such as shape or
surface, patterns, lines or color.
Industrial designs are applied to
products of industry and handicraft,
technical and medical instruments,
watches, jewelry, house wares,
electrical appliances, luxury items,
vehicles, architectural structures,
textile designs.
Does not protect any technical
features of the article to which it is
applied to.
Khale Sangeeta

Designs
69
Indian Designs Act, 2000 & Rule, 2001
(amended upto 2008).
To promote and protect the design element of
industrial production.
Aimed to enact a detailed classification of
design to conform to the international system
and
To take care of the proliferation of design
related activities in various fields.

IPR and TRIPS
(Agreement on Trade Related Aspects of
Intellectual Property Rights)
Background of TRIPS
• Era of Globalization and liberalization
• IPRs play an important role in world trade
• Different level of protection and enforcement of IPRs in
different countries
• Difference became source of tension in international
economic relations.
• Need was felt to have internationally agreed trade rules
for IPRs to bring homogeneity & order in their use and
settle the disputes more systematically.
contd..

IPR and TRIPS
Background of TRIPS
• Uruguay round of General Agreement on Traffis and Trade
(GATT) treaty in 1994 negotiated issues relating to TRIPS to
bring them under common international rules.
• After Uruguay round, the GATT became the basis for
establishment of World Trade Organization (WTO).
• Ratification of TRIPS agreement is a compulsory requirement
of WTO membership.
• Any country seeking to access international markets opened up
by WTO has to enact IPRs laws mandated by TRIPS.
• So, TRIPS became the most important multilateral instrument
for the globalization of IPR laws.

IPR and TRIPS
Nature of TRIPS
• Came into effect w.e.f. 1st January 1995
• An international agreement administered by WTO
• Covers various forms of intellectual property e.g. copyright and
related rights; trademarks including service marks; geographical
indications; industrial designs; patents including new variety of plants;
layout-design of integrated circuits; undisclosed information and
trade secrets.
• Establishes minimum level of protection that each government has to
give to intellectual property of fellow WTO members.
• Specifies enforcement procedures, remedies, and dispute resolution
procedures.

IPR and TRIPS
Five major issues covered by TRIPS
• How basic principles of the trading system and other
international intellectual property agreements should be
applied?
• How to give adequate protection to IPR?
• How countries should enforce those rights adequately in
their own territories?
• How to settle disputes on intellectual property between
members of the WTO?
• Special transitional arrangements during the period when
the new system is being introduced.

IPR and TRIPS
Main Objective of TRIPS
• Promotion of technological innovation and
transfer & dissemination of technology to
the mutual advantage of both producers
and users of technological knowledge in
such a manner that social and economic
welfare is enhanced.

IPR and TRIPS
Implementation
• Obligations apply equally to all members
• But developing countries and least
developed countries are given extra time to
change their national laws (2005, 2016)
• Extra time may be extended further in case
of Least developed countries

UNIT-7_ IPR_Final PPT.pdf (Applicable for India)

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