INTELLECTUAL PROPERTY RIGHTS
This TOPIC introduces the student to the basics of Intellectual Property Rights, Copy Right Laws, Cyber
Laws, Trade Marks and Issues related to Patents. The overall idea of the topic is to help and encourage
the student for startups, inventions and innovations
Topic Outcomes:
1. Understand Intellectual Property Rights and Cyber laws
2. Discuss registration process, maintenance and litigations associated with trademarks
3. Illustrate the copy right law
4, Enumerate the trade secret law.
INTRODUCTION TO INTELLECTUAL PROPERTY RIGHTS
Intellectual property rights are the legal rights that cover the privileges given to individuals who are the
owners and inventors of a work, and have created something with their intellectual creativity. Individuals
related to areas such as literature, music, invention, etc., can be granted such rights, which can then be
used in the business practices by them.
The creator/inventor gets exclusive rights against any misuse or use of work without his/her prior
information. However, the rights are granted for a limited period of time to maintain equilibrium.
Intellectual Property
Intellectual property is an intangible creation of the human mind, usually expressed or translated into a
tangible form that is assigned certain rights of property. Examples of intellectual property include an
author's copyright on a book or article, a distinctive logo design representing a soft drink company and
its products, unique design elements of a web site, or a patent on the process to manufacture chewing
gum.
Intellectual Property Rights
Intellectual property rights (IPR) can be defined as the rights given to people over the creation of their
minds. They usually give the creator an exclusive right over the use of his/her creations for a certain
period of time. Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic
works, and symbols, names, images, and designs used in commerce.
Categories of Intellectual Property
One can broadly classify the various forms of IPRs into two categories:
1. IPRs that stimulate inventive and creative activities (patents, utility models, industrial designs,
copyright, plant breeders’ rights and layout designs for integrated circuits); and
2. IPRs that offer information to consumers (trademarks and geographical indications)
IPRs in both categories seek to address certain failures of private markets to provide for an efficient
allocation of resources IP is divided into two categories for ease of understanding:
1. Industrial Property
2. Copyright
1. Industrial property, which includes inventions (patents), trademarks, industrial designs, and
geographic indications of source; and
2. Copyright, which includes literary and artistic works such as novels, poems and plays, films,
musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural
designs. Rights related to copyright include those of performing artists in their performances, producers
of phonograms in their recordings, and those of broadcasters in their radio and television programs
Intellectual property shall include the right relating to:
i. Literary, artistic and scientific works;
ii. Performance of performing artists;
iii. Inventions in all fields of human Endeavour;
iv. Scientific discoveries;
v. Industrial designs;
vi. Trademarks, service marks and etc; and
vii. Protection against unfair competition.
What is a property?
Property designates those things that are commonly recognized as being the possessions of an individual
or a group. A right of ownership is associated with property that establishes the good as being "one's own
thing" in relation to other individuals or groups, assuring the owner the right to dispense with the
property in a manner he or she deems fit, whether to use or not use, exclude others from using, or to
transfer ownership.
Properties are of two types - tangible property and intangible property i.e. one that is physically present
and the other which is not in any physical form. Building, land, house, cash, jewellery are few examples
of tangible properties which can be seen and felt physically. On the other hand there is a kind of valuable
property that cannot be felt physically as it does not have a physical form. Intellectual property is one of
the forms of intangible property which commands a material value which can also be higher than the
value of a tangible asset or property.
TYPES OF INTELLECTUAL PROPERTY
The different types of Intellectual Property Rights are:
i. Patents;
ii. Copyrights;
iii. Trademarks;
iv. Industrial designs
v. Geographical indications of goods; and
vi. Trade Secrets
Important Species of IPR
Out of the different types of Intellectual Property Rights the following are the most important species of
IPR
1. TRADEMARKS
According to section 2, sub-section (1) of the Trade Marks Act 1999, ”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.
Trade mark registration is an effective and economic way of ensuring your brand is protected.
Registration provides a safeguard against third party infringement and often acts as an effective deterrent
against third parties considering or contemplating infringement. Failure to protect brand may reduce its
value, and could damage your business’ reputation. It is also important to be attentive to the activities of
your competitors. If you suspect or witness your brand being infringed it is best to take action as soon as
possible. The longer the infringing activity exists, the more difficult to maintain the registered trademark
and chances of trademark becoming generic.
Genericide is the term used to describe the death of a trademark that results from the brand name
becoming the name of the object itself.
2. COPYRIGHTS
The term of copyright was for the lifetime of the author and 60 years counted from the year following
the death of the author
Copyright law is designed to protect interests and balance the rights of the following stake holders
a) Authors/ Creators;
b) Publishers/ Entrepreneurs; and
c) Users /Audiences
What can be protected under Copyright?
Literary, Dramatic, Artistic, Musical, Cinematographic, Photographic and Sound Recording works.
Literary works such as novels, poems, plays, reference works, newspapers and computer programs;
databases; films, musical compositions, and choreography; artistic works such as paintings, drawings,
photographs and sculpture; architecture; and advertisements, maps and technical drawings.
PATENTS
Patent is a grant for an invention by the Government to the inventor in exchange for full disclosure of the
invention. A patent is an exclusive right granted by law to applicants / assignees to make use of and
exploit their inventions for a limited period of time (generally 20 years from filing). The patent holder
has the legal right to exclude others from commercially exploiting his invention for the duration of this
period. In return for exclusive rights, the applicant is obliged to disclose the invention to the public in a
manner that enables others, skilled in the art, to replicate the invention. The patent system is designed to
balance the interests of applicants / assignees (exclusive rights) and the interests of society (disclosure of
invention).
Meaning of ‘Invention’ under Patent
Invention” means a new product or process involving an inventive step and capable of industrial
application
There are three types of patents :
1. Utility patents may be granted to anyone who invents or discovers any new and useful process,
machine, article of manufacture, or composition of matter, or any new and useful improvement
thereof;
2. Design patents may be granted to anyone who invents a new, original, and ornamental design for an
article of manufacture; and
3. Plant patents may be granted to anyone who invents or discovers and asexually reproduces any
distinct and new variety of plant
TRADE SECRETS
A trade secret consists of any valuable business information. The business secrets are not to be known by
the competitor. There is no limit to the type of information that can be protected as trade secrets; For
Example: Recipes, Marketing plans, financial projections, and methods of conducting business can all
constitute trade secrets.
There is no requirement that a trade secret be unique or complex; thus, even something as simple and
nontechnical as a list of customers can qualify as a trade secret as long as it affords its owner a
competitive advantage and is not common knowledge. If trade secrets were not protectable, companies
would no incentive to invest time, money and effort in research and development that ultimately benefits
the public. Trade secret law thus promotes the development of new methods and processes for doing
business in the marketplace.
Protection of Trade Secrets: Although trademarks, copyrights and patents are all subject to extensive
statutory scheme for their protection, application and registration, there is no federal law relating to trade
secrets and no formalities are required to obtain rights to trade secrets. Trade secrets are protectable
under various state statutes and cases and by contractual agreements between parties.
GEOGRAPHICAL INDICATIONS
Geographical Indication is an indication, originating from a definite geographical territory. It is used to
identify agricultural, natural or manufactured goods produced, processed or prepared in that particular
territory due to which the product has special quality, reputation and/or other characteristics.
IMPORTANCE OF INTELLECTUAL PROPERTY RIGHTS
IPR is a significant tool in today's era. The risk of an innovation getting infringed without the knowledge
of the inventor stands very high. With the increase in the importance of IP, instances of IP crimes have
become the part and parcel of the digitized era sometimes even leading to failure of businesses.
Companies rely on adequate protection of their patents, trademarks, and copyrights, while customers
make use of IP to ensure that they purchase secure, assured goods.
An IP asset is like any other physical property offering commercial benefits to businesses. In a web-
based world, IP protection is much more relevant as it is comparatively simpler than ever to reproduce
any specific template, logo, or functionality. Hence, strong IP laws give protection to IP and contribute
to the economy of the respective state. IPR is one of the sources of security for intangible properties
which are still open to the public and which can be quickly replicated by anyone.
Intellectual property rights are more important because today we are highly-connected to digital
landscape. With all of the good the rise of the internet has done for the sharing of information and ideas,
it has unfortunately become easier for ideas and works to be stolen, which can be damaging to both
national economies and innovation.
Intellectual property protection varies from country to country, but countries that have strong IP laws
recognize the important impact original works, designs, inventions, etc. have on the overall economy.
Almost every country that has a dependence on international trade takes strong measures to protect their
intellectual property rights.
With the rise of intangible assets that are shared across the internet, it is easy for people to unlawfully
copy and share books, music, movies, and more. Copyrights, patents, trademarks, and trade secrets and
the laws around these protections are all intended to encourage innovation and creativity and are
essential to the practice of IP law to help curb illegal activities.
Organizations like the World Intellectual Property Organization (WIPO) underscore the importance of
fostering IP-driven innovation to incentivize and protect creativity. WIPO is a global forum for
intellectual property services and is a self-funding agency of the United Nations, with 193 member
states.
AGENCIES RESPONSIBLE FOR INTELLECTURE PROPERTY RIGHT REGISTRATIONS
National Intellectual Property Right Agencies:-
The office of the Controller General of Patents, Designs and trademarks (CGPDTM), a subordinate
Office under The Department for Promotion of Industry and Internal Trade (DPIIT), carries out statutory
functions related to grant of Patents and registration of Trademarks, Designs and Geographical
Indications. The registration of copyrights is administered by the Registrar of Copyright Office, working
under the CGPDTM.
The appropriate office of the patent office shall be the head office of the patent office or the branch
office as the case may be within whose territorial limits. Residence of applicant or Domicile; or their
place of business; or the place where the invention actually originated.