Introduction and the need for intellectual

property right (IPR)

• What is Intellectual Property?
❑ Intellectual property (IP) refers to creations of the mind, such as
inventions; literary and artistic works; designs; and symbols, names and
images used in commerce.
• IP is protected in law by, for
example, patents, copyright and trademarks, which enable people to
earn recognition or financial benefit from what they invent or create.
• By striking the right balance between the interests of innovators and
the wider public interest, the IP system aims to foster an environment in
which creativity and innovation can flourish.
 Scope of Intellectual Property Rights
• The scope of IPRs cannot be decided / set by national legislation.
❑ It has to be decided by international bodies that determine the activities
and scope of each kind of IPR.
❑ The World Intellectual Property Organization (WIPO) was formed within
United Nation to promote Intellectual property throughout the world
• The WIPO determined the scope of IPRs during the Convention
establishing the World Intellectual Property Organization (WIPO),
concluded in Stockholm on July 14, 1967
• Article 2(viii) of this convention provides that Intellectual property
shall include rights relating to the following fields:
❑ literary, artistic and scientific works,
❑ performances of performing artists, phonograms and broadcasts,
❑ inventions in all fields of human endeavor,
❑ scientific discoveries,
❑ industrial designs,
❑ trademarks, service marks and commercial names and designations,
❑ protection against unfair competition,
 Kinds of Intellectual Property Rights
• Copyright: Copyright law deals with the protection and exploitation of
the expression of ideas in a tangible form.
• In the modern world, the law of copyright provides not only a legal
framework for the protection of original literary, artistic, musical, and
dramatic works, but also cinematographic films and sound recordings,
computer and software industries.
• Copyright acknowledges both the economic and moral rights of the
owner.
❑ Protection: It grants the creator exclusive rights to reproduce, distribute,
perform, display, or license the work for a certain period, usually the
lifetime of the author plus 60 years.
❑ Objective: To encourage the creation of new works of art and literature by
providing creators with control over how their works are used and
monetized.
 Kinds of Intellectual Property Rights
• Patents: The term patent usually refers to the right granted to anyone
who invents something new, useful and non-obvious.
• A patent is a type of intellectual property that gives its owner the legal
right to exclude others from making, using, or selling an invention for a
limited period of time in exchange for publishing an enabling
disclosure of the invention.
❑ Protection: They provide the patent holder with exclusive rights to use,
manufacture, sell, and license the invention for a specified period, typically
20 years from the filing date.
❑ Objective: To encourage innovation by granting inventors exclusive rights,
thus allowing them to recoup their investments in research and
development.
 Kinds of Intellectual Property Rights
• Trademark: A trademark is a badge of origin.
• Trademarks are distinctive signs, logos, symbols, words, or a
combination thereof that identify and distinguish the goods or services
of one enterprise from those of others.
❑ This establishes a link between the proprietor and the product.
❑ It portrays the nature and quality of a product.
❑ It identifies the product, guarantees quality and helps advertise the
product.
❑ The trademark is also the objective symbol of goodwill that a business has
created.
• Protection: They provide the owner with the exclusive right to use the
mark and prevent others from using a similar mark that could cause
confusion among consumers.
• Objective: To protect brand identity and ensure that consumers can
distinguish between different products and services in the market.
 Kinds of Intellectual Property Rights
• Geographical Indications (GI)
❑ Definition: Geographical Indications are signs used on products that have a
specific geographical origin and possess qualities, reputation, or
characteristics inherent to that location.
❑ Protection: They grant rights to producers within the designated region to
use the GI tag, preventing others from using the name falsely.
❑ Objective: To protect regional products, promote economic prosperity in
rural areas, and preserve the cultural heritage associated with traditional
products.
 Need for intellectual property rights
• Intellectual Property Rights (IPR) are essential for several key reasons:
❑ Encouragement of Innovation and Creativity: IPR provides inventors,
creators, and businesses with exclusive rights to their creations and
innovations. This exclusivity incentivizes further innovation and creativity
by ensuring that creators can benefit financially and reputationally from
their work.
❑ Economic Growth: By protecting intellectual property, IPR promotes
investment in research and development. This, in turn, leads to new
products, services, and technologies, driving economic growth and
increasing competitiveness in various industries.
❑ Protection of Investments: IPR ensures that businesses and individuals can
safeguard their investments in developing new products and services. This
protection helps secure returns on investment, making it more feasible to
take financial risks in innovation.
 Need for intellectual property rights
❑ Consumer Protection and Trust: Intellectual property laws help maintain
the quality and safety of products by preventing the circulation of
counterfeit goods. This protection ensures that consumers can trust the
origin and quality of the products they purchase.
❑ Cultural Preservation: IPR also protects cultural heritage and the rights of
creators in the arts and literature. This protection encourages the
preservation and promotion of cultural expressions and traditional
knowledge.
❑ Market Efficiency: By clearly defining and protecting intellectual property
rights, IPR helps create a more efficient market. It reduces disputes over
ownership, clarifies the legal framework for transactions, and facilitates the
licensing and transfer of technology and knowledge.
• Overall, IPR is crucial for fostering an environment where innovation,
creativity, and economic growth can thrive, benefiting society as a
whole.
 Meaning of Patentability
• Patentability refers to the set of criteria that an invention must meet to
be eligible for a patent. In India, the patentability of an invention is
governed by the Patents Act, 1970, and its subsequent amendments. An
invention must satisfy several key criteria to be patentable:
• Novelty
❑ Definition: The invention must be new and not known to the public in any
form before the filing date of the patent application.
❑ Criteria: An invention is considered novel if it has not been published, used,
or disclosed in any manner anywhere in the world prior to the date of filing.
This includes any written or oral disclosure, prior patents, and existing
products.
• Inventive Step (Non-Obviousness)
❑ Definition: The invention must involve an inventive step that is not obvious
to a person skilled in the relevant field.
❑ Criteria: The inventive step indicates that the invention represents a
significant technical advancement or improvement over existing knowledge
or practices.
 Meaning of Patentability
• Industrial Applicability
❑ Definition: The invention must be capable of being made or used in some
kind of industry.
❑ Criteria: An invention is considered industrially applicable if it can be
manufactured, used, or applied in any industry, including agriculture. This
means that the invention must have practical utility and can be produced or
utilized in a productive manner.
• Patentable Subject Matter
❑ Definition: The invention must fall within the scope of what can be legally
patented under the Patents Act.
 What is excluded from Patentable Subject
Matter in India
• Certain categories of inventions are explicitly excluded from
patentability in India. These include:
❑ Frivolous inventions or those that claim anything contrary to
well-established natural laws.
❑ Inventions whose primary use could be contrary to public order or
morality, or cause serious prejudice to human, animal, or plant life, health,
or the environment.
❑ Mere discoveries of scientific principles, abstract theories, or discoveries of
any living thing or non-living substance occurring in nature.
❑ Inventions that are a mere discovery of a new form of a known substance
that does not result in the enhancement of the known efficacy of that
substance.
❑ Methods of agriculture or horticulture.
❑ Processes for the medicinal, surgical, curative, prophylactic, diagnostic,
therapeutic, or other treatment of human beings or animals.
❑ A presentation of information.
 What is excluded from Patentable Subject
Matter in India
❑ Computer programs per se or algorithms.
❑ Literary, dramatic, musical, or artistic works, including cinematographic
films and television productions.
❑ Schemes, rules, or methods of performing mental acts or playing games.
❑ Topography of integrated circuits.
❑ Traditional knowledge and certain innovations related to atomic energy.
 Rights of a patentee in India
The rights of a patentee in India are outlined in the Patents Act, 1970.
These rights provide the patentee with the legal means to control and
benefit from their invention. The key rights of a patentee include:
❑ Exclusive Rights to Make, Use, and Sell : The patentee has the exclusive
right to prevent others from making, using, selling, or distributing the
patented invention without their consent. This right ensures that the
patentee can control how the invention is utilized and commercialized.
❑ Right to License: The patentee can grant licenses to others to use the
patented invention. This can be done through various types of licenses, such
as exclusive, non-exclusive, or compulsory licenses. Licensing allows the
patentee to monetize their invention by allowing others to use it under
agreed terms and conditions.
❑ Right to Assign: The patentee has the right to assign (transfer) the patent to
another person or entity. This assignment can be done in whole or in part,
allowing the patentee to sell their rights to the invention or transfer them
for various purposes.
 Rights of a patentee in India
❑ Right to Sue for Infringement: The patentee has the legal right to take
action against anyone who infringes on their patent. This includes the right
to sue for damages, seek injunctions to stop the infringing activities, and
demand compensation for unauthorized use of the patented invention.
❑ Right to Full Enjoyment: The patentee is entitled to fully enjoy and exploit
the patent rights. This includes the right to derive financial benefits from
the invention, such as earning royalties from licensing agreements or
revenue from the sale of the patented product or process.
❑ Right to Use Patent Marking: The patentee has the right to mark their
products with the patent number, indicating that the product is patented.
This serves as a notice to others that the invention is protected by a patent
and helps deter potential infringers.
❑ Right to Priority in Foreign Applications: If the patentee files for a patent
in India, they have the right to claim priority for the same invention in
foreign patent applications within a specified period (usually 12 months
under the Paris Convention). This helps the patentee protect their invention
internationally.
 Intellectual property right (IPR)
administration system in India
• The administration of Intellectual Property Rights (IPR) in India is
managed by various governmental bodies under the aegis of the
Ministry of Commerce and Industry. The main administrative agency
responsible for IPR in India is the Office of the Controller General of
Patents, Designs & Trade Marks (CGPDTM). Here is an overview of
the IPR administration system in India:
1. Office of the Controller General of Patents, Designs & Trade Marks
(CGPDTM)
❑ Role: The CGPDTM oversees the administration of patents, trademarks,
designs, and geographical indications. It functions under the Department
for Promotion of Industry and Internal Trade (DPIIT), which is part of the
Ministry of Commerce and Industry.
❑ Functions: The CGPDTM is responsible for the registration, maintenance,
and enforcement of various forms of IPR in India.
 Intellectual property right (IPR)
administration system in India
2. Patent Office
❑ Headquarters and Branches: The Patent Office has its headquarters in
Kolkata, with branch offices in Delhi, Mumbai, and Chennai.
❑ Functions: The Patent Office handles the examination, granting, and
maintenance of patents. It also manages opposition proceedings and issues
related to patent infringement.
❑ E-filing and Services: The Patent Office offers online services for the filing
and processing of patent applications, making the system more efficient and
transparent.
3. Trade Marks Registry (TMR)
❑ Headquarters and Branches: The Trade Marks Registry is headquartered
in Mumbai, with branch offices in Ahmedabad, Chennai, Delhi, and
Kolkata.
❑ Functions: The TMR is responsible for the registration, renewal, and
protection of trademarks. It also handles opposition and rectification
proceedings related to trademark disputes.
 Intellectual property right (IPR)
administration system in India
❑ E-filing and Services: The Trade Marks Registry provides online services
for trademark search, filing, and status checks.
4. Designs Wing
❑ Location: The Designs Wing operates from the Kolkata office of the
CGPDTM.
❑ Functions: This wing deals with the registration and protection of
industrial designs. It examines design applications and maintains a register
of designs.
5. Geographical Indications Registry
❑ Location: The Geographical Indications Registry is based in Chennai.
❑ Functions: It is responsible for the registration and protection of
geographical indications (GIs). It ensures that only authorized users can
use the GI tag and takes action against misuse.
6. Copyright Office
❑ Location: The Copyright Office is located in Delhi.
❑ Functions: This office handles the registration and administration of
copyrights, including literary, artistic, musical, and dramatic works. It also
deals with issues related to copyright infringement and dispute resolution.
 National Intellectual Property Rights (IPR)
Policy of India
The National Intellectual Property Rights (IPR) Policy of India, adopted in
May 2016, provides a comprehensive framework to guide the development,
protection, and management of intellectual property in the country. Here is
an in-depth discussion of the IPR policy in terms of its vision, mission,
objectives, and key features:
• Vision
❑ The vision of the National IPR Policy is to establish a “Creative India;
Innovative India: The policy envisions transforming India into a major
player in the global innovation economy by fostering creativity, promoting
innovation, and protecting intellectual property.
• Mission
❑ The mission of the policy is to create and promote a holistic and conducive
ecosystem to catalyze the full potential of intellectual property for India’s
economic growth and socio-cultural development, while protecting the
public interest
 National Intellectual Property Rights (IPR)
Policy of India
• Objectives: The National IPR Policy outlines the following key objectives:
❑ Awareness Creation and Promotion: Raise awareness about the economic,
social, and cultural benefits of IPR among all sections of society.
❑ Generation of IPRs: Encourage the creation of intellectual property in
India through an enabling environment that supports innovation and
creativity across sectors.
❑ Legal and Legislative Framework: Strengthen the legal and legislative
framework to ensure the protection and enforcement of IPR in line with
global standards.
❑ Administration and Management: Modernize and strengthen the
administrative framework of IPR institutions to enhance efficiency,
transparency, and user-friendliness.
❑ Commercialization of IPR: Promote the commercialization of intellectual
property rights by providing support and incentives to inventors, creators,
and entrepreneurs.
❑ Enforcement and Adjudication: Strengthen the enforcement and
adjudication mechanisms to ensure the protection of IPR and combat
infringement and piracy effectively.
 National Intellectual Property Rights (IPR)
Policy of India
❑ Human Capital Development: Build and strengthen human resources,
institutions, and capacities to support the IPR system, including education
and skill development in IPR.
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 National Intellectual Property Rights (IPR)
Policy of India
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